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assert that these "rights and privileges" are compatible with a state of slavery. If any "effectual and decisive measures have been taken towards investing the black population of our colonies with these "rights and privileges," let Sir R. Peel point them out; we look in vain for them, and so, no doubt, did Mr. Brougham; but Sir Robert Peel, instead of hailing a motion in perfect unison with Mr. Canning's resolutions of 1823, throws back, unredeemed, his pledge to the abolitionists and to the public. And happy is it for our black brethren and fellowsubjects, that Mr. Horton's resolutions only stand upon record, a harmless monument of his desire to foreclose every attempt to break their galling fetters, which, had his resolutions received the sanction of our legislature, would have been riveted on them faster than ever.

The clamour that is raised for compensation to the planter reminds us of the same clamour that was raised by the same interests to prevent the abolition of the African slave-trade, and with as much reason in that case as in the present. Without entering, at present, into the discussion of these claims, to which we adverted in our last number, (page 518), it will suffice to say, that they must not delay the long-postponed act of justice to the slave, which the solemn sanctions of Heaven imperatively demand of us. Besides, it is impossible to settle a claim for damages before they are sustained, before which the amount of such claim cannot be ascertained.

Mr. Horton says, "the change of law in the ceded colonies is now fully and satisfactorily accomplished." Let us examine the accuracy of this assertion. The Trinidad Order in Council, which was laid before Parliament, March 4, 1824, and was exhibited to all our colonies, as the model to which they were to assimilate their slavecodes, was entitled an order for " pro

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moting the religious instruction," as well as improving the condition of the slaves;" a title in unison with the resolutions introduced to the house the year before by Mr. Canning; but we will pass from the title to the order itself, in which we look for some measures for extending religious instruction to the slaves; but we look in vain; we only discover an attempt to amuse us with vague promises, that, at some future time, effectual provision shall be made for their religious instruction. And, until this effectual provision has been made, and Sunday markets are abolished, another day being given to the slave instead of Sunday, with a sufficient number of other days to cultivate his grounds, no effective step is taken towards carrying into effect the resolutions of 1823.

But it is said effectual provision shall be made, at some future time, for the religious instruction of the slaves, and then Sunday markets shall also be abolished. Well, have our government redeemed their two pledges, the first given in 1823, the second in 1824? Mr. Wilmot Horton answers in the affirmative, and refers us for proof of the same to "An Order of the King in Council," laid before Parliament on the 8th of February, 1830, " for consolidating the several laws for improving the condition of the slaves in his Majesty's colonies of Trinidad, Berbice, Demerara, St. Lucia, the Cape of Good Hope, and Mauritius." This new order, to which we are so triumphantly referred, makes no provision whatever for the religious instruction of the slaves, neither does it attempt to deceive us by the parade of such intention in the title. Thus this order, by withholding from the slaves the means of their moral and intellectual improvement, which was to prepare them for the blessings of freedom, convicts its authors of a violation of the pledge they gave to the Parliament and to the nation in

1823. And let us examine how far this order, by its melioration of the system of slavery, compensates for denying to the slave his natural right to freedom. The evidence of slaves is admitted, without any of the restrictions contained in the Trinidad order; but how gratuitous and insidious is the attempt to throw distrust and suspicion on the evidence of a slave, on account of his servile condition! The white colonists want no excitement to widen the barrier between them and their slaves. The provision for the choice of the protector of the slaves is excellent, but it is stultified by the principle not being extended to the assistant protectors. Sunday markets are wholly abolished, and another day is to be substituted for it, but as the master may keep his slave at work from morning to night on this substituted day, the prohibition of the Sunday market is an injury instead of a benefit, for the slave has only twentysix half days, and four holidays, allowed him, exclusive of the Sunday, that is equal to seventeen days only for the cultivation of his provision ground.

Marriages between slaves only, as in the Trinidad Order, are legalized; but a proviso is superadded to this order, which seems calculated to deprive that sacred institution of much of its beneficial efficacy, and to abridge it of its proper and legitimate rights and sanctions.* That the slaves should, in this consolidated order, be deprived of rights they before possessed, is a retrograde movement of a suspicious character. The most objectionable part, however, of the regulation with respect to marriages, and which applies to the Trinidad Order as well as to this, is, that it does not legalize marriages. between slaves and free persons: this is a pernicious deference to colonial prejudices, which trample

See Anti-Slavery Reporter, No. 58, PP. 141, 142.

upon the most sacred sanctions of morality and religion. A white man would put himself out of the pale of society by marrying a black or coloured woman; but he may indulge in an illicit intercourse with them without forfeiting caste; such connexions are indeed common to all ranks and stations. Should a christian government like ours, by its orders or enactments, give a tacit sanction to such a degraded moral feeling, which, while it tramples under foot the principles of morality and religion, must be a bane to domestic happiness? The licentious operation of a discouragement of intermarriage between the slaves and free persons, will be best illustrated in the language of Mr. Stephen :-RULE XII. The State is Hereditary and Perpetual.

To deny that these are properties of colonial slavery, would be to disparage

the master's title. I believe it has, thereconsequently need not be proved. fore, never been, nor will be denied; and

The state descends only in the female line. The owner of the mother becomes owner also of the child; and of the children's children, in the same line, to all generations; subject only to this defeazance, that if in three successive descents

they intermix only with European blood,

so as not to be nearer than in the fourth degree to any negro ancestor, the servile condition wears out, and the future progeny are free. As such intermixtures are never by lawful marriage, which would be ineffably disgraceful to the European party, the attainder of African blood is purged only by impure cohabitation; and the enfranchisement of the progeny is a premium on concubinage. A female slave marrying a negro or mulatto, attaches slavery on her offspring; but let her breed by a white keeper, and they, if she be a mestize, will be free: if she be a mulatto or negro, her daughter or granddaughter will have the same reward for prostitution.

Some of the colonists and their assemblies, the reader will remember, have referred us to the law of villeinage; as if an institution, obsolete among ourselves before the slave trade began, had attached upon the victims of that trade when first landed in our colonies, by force of English

law. I have already shown that this is not more preposterous in principle, than inconsistent with the harsh character of the slavery that was in fact established; and have noticed among other essential differences between colonial slavery and villeinage, that the issue of villeins followed not the condition of the mother, but the father; so that if the wife or female villein married a free man, the children were free born. To refer us to the law of villeinage, therefore, in this instance, for the authority in question, would be to invalidate every existing title to slaves in our colonies, except to such as were brought from Africa before the abolition. Nor could the owners of the fathers, or other paternal ancestors, assert a better title to the Creole issue than the owners of the female stock; because none of the Creole slaves, or natives of the islands, have been born in lawful marriage; and yet out of it, the father is not recognized as such by the law.

In this, as in many other points, it would have been happy for the poor negroes in our colonies, if the law of villeinage had indeed been resorted to for determining the legal nature and incidents of the state in which they were placed. Masters, instead of discountenancing, or preventing marriage among them, would have used their irresistible influence or authority to oblige their male slaves to marry; and instead of that shocking disproportion between the sexes which they wilfully produced, when forming or recruiting their gangs by purchase in the slave market, would have taken care to provide a wife for every male slave that was of age to marry, as the necessary means of adding to, or maintaining their numbers by native increase. Instead,

also, of sending out and employing as managers, overseers, and book-keepers, single men in the heat of youth, and giving them a range of intercourse among the female slaves, unrestrained by disfavour or reproach, and encouraged by general example, married men, or men of strict morals, or decent manners at least, would have been preferred for such situations; and an open libertine would not easily have found employment. In that case the procreation of mulatto children on the estate, would have been a great and uncompensated evil to its owner; as the labour of the black woman would have been lost or lessened by it, during some months, without the addition by birth of any slave to the gang; whereas, at present,

there is no such disadvantage, a mulatto slave being, for many purposes, more valuable than a negro. The owner, too, is generally sure not only of the mulatto child being well taken care of, and sustained, in part at least, at the father's expense, but of his being able hereafter to obtain a large price for its enfranchisement. Such a hold on the parental feelings of a manager or overseer, is also often a convenient pledge for his willing continuance in the office, and for his good conduct while he keeps it.

When these considerations are fairly weighed, it will not be thought too much to assert, that this departure from the rule of our old common law slavery, and the adoption of that of the civil law, partus sequitur ventrem, has been fatal to the morals of our islands, as well as to the interest of native population.-Stephen, Vol. I. pp. 122—125.

This is West India morality, and, would the reader believe it, to this licentious intercourse between the slaves and the free whites the consolidated order in council accommodates itself, by abstaining from legalizing intermarriages between them. So notorious is the concubinage that almost universally prevails in the West Indies, as described by Mr. Stephen, that even Mr. Barclay himself has not the assurance to deny it, but turns apologist for it by saying,

Submitting to the lusts of their oppressors,' and 'breeding hy a white keeper,' are well chosen terms for the English reader, who is not aware that there are not, or rather that there were not till lately, any regular marriages known among the black or coloured people; and that husband and keeper were considered synonymous terms. Of course there was no degradation to the female, but the contrary, in this sort of marriage, as she regarded it, with a white man.

With the progress of religious and general education among the free people of colour, marriages are becoming more frequent. As regards the past, the candid will admit, that it has not been the least misfortune of Europeans, toiling for a subsistence in these dangerous climates, that the blessings of marriage and domestic happiness have in a great measure been denied them.-Pp. 90, 91.

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We have here a curious instance of Mr. Barclay's special pleading. If by regular marriages among the slaves, he means according to the forms of the church of England, he may be correct; but it is not to be supposed that the ignorant unconverted slaves considered a ceremony, of which they understood nothing, necessary to make their conjugal union with each other, marriage. It is possible that the marriage union might not, with them, be so binding as with Christians; we know it was not with the Jews, whose law permitted them to divorce their wives. But there have been instances of negroes having been as constant and faithful to each other as Christians; we have now before us an account of a man slave on an estate called Clanbrook, in Demerara, whose name was Billy. This man had lived with one woman as his wife for nineteen years, and had by her a family of thirteen children. The proprietor of the estate, a Mr. Rodder, died, and his two sons divided his property. They separated the children; they took the slave from his wife; placed him on a different estate, and threatened to flog him if he ever went from it to see his wife and children." Another slave, on the same island, had connected himself with a young woman as his wife, who lived with him in domestic happiness; the woman became the object of the wicked desires of the overseer, was torn from her husband, and forced, against her will, to become the mistress of the overseer: and another overseer has informed us of his having seduced a slave girl from the Iman with whom she lived as a wife; and though the law does not recognize these marriages between the slaves, because not celebrated according to the form prescribed by the church of England, yet it is so well known that the slaves consider such connexions as marriages, that the Trinidad Order in Council, ad

verting to such couples, describes them as "reputed husband and wife.”

The following are extracts from a parliamentary paper, entitled "Copies of the Record of the Proceedings of the Fiscals of Demerara and Berbice, in their capacity of Guardians and Protectors of Slaves, with their Decisions in all cases of complaint of Masters and Slaves respectively, against each other, &c. &c. from that of January, 1814, to this time, as far as the same relates to Berbice." It was ordered to be printed the 23d of June, 1825, and is numbered 476. They corroborate our statement, that the unconverted negroes have not considered the English forms necessary to give their union with each other the sanction of marriage; they also give a solution of the causes which may be said to impel these victims of a cruel and demoralizing oppression to a licentious course of conduct, and to unfaithfulness to their marriage ties.

August 23, 1822.

states, that he has had a black woman Felix, belonging to Plantation Scotland,

upon the estate for his wife now two years; and the reason of his coming to complain is, that the manager of the estate takes her from him, although he has a wife of his own. He is always taking the negroes' wives, particularly his wife (Felix's); for she has had a child by him; and since the child has been born,

the

his wife without a cause. Some time ago manager is always punishing him and ten of the gang came to complain to their master (Dr. Broer), to report to him that the manager had connexion with their wives: their master promised to them that he would remove the manager from the estate, and place another one there. Upon estate; but since that they have never this promise the negroes returned to the heard of another manager. Felix and his wife are daily punished, which has compelled him to come to your honour for redress. He calls upon the whole gang of the estate to prove his assertions

to be correct.

fiscal proceeded to the estate, accomOn hearing this complaint, the acting panied by Dr. Broer, the owner; and on questioning the manager and negroes, in

presence of each other, on the subject matter of the complaint, it appeared that Felix had neglected his work, and was told he would be punished if he did not finish his task the next day, which he did not do; and therefore, supposing the manager would punish him, he went to the fiscal to complain. This being proved, Felix was punished for his misconduct, and the manager severely reprimanded for taking improper liberties with the women on the estate, which it was evident he had done; and Dr. Broer was therefore strongly recommended to discharge him from his employ.

That Felix should be the person punished for misconduct, will appear very extraor dinary to all who have not imbibed their notions of justice in slave colonies; and it is the more surprising that the fiscal should pursue this course in the present instance, as some time before he had addressed a letter to Governor Beard, then president of the court of justice, in which he charges these very persons, Broer and his manager, specifically; first, with greatly over-working the negroes; secondly, with severe flogging repeated on successive evenings, and with illegal instruments of punishment; thirdly, with making them work on Sunday; and fourthly, with considerably under-feeding them. The case was so gross that, notwithstanding an attempt on the part of the owner and manager to deny the charges, the fiscal ordered them to diminish the tasks of the negroes, and to increase their food; forbade their being worked on Sundays; threatened the owner with prosecution; and told the negroes if their wrongs were not redressed, they should complain again. They complain again; and this is the

result.

June 26, 1819.

Brutus, a watchman, belonging to plantation Providence, complained that "the manager wanted my daughter Peggy. I said, No.' He followed her. I said, 'No.' He asked me three times: I said, 'No.' Manager asked me again Friday night. I refused. Saturday morning he flogged me. This thing hurt me, and I came to complain."

Peggy being sick, Aqueshaba her sister attended:-Says, that manager sent aunty Grace to call Peggy, and to say if she would not come I must. We said, daddy said must not go; I was too young. Grace left us and went to daddy; shortly afterwards she returned and tried to coax me to go, but I would not, as my daddy

had forbid it. Grace went and told 'manager; manager sent to call Fanny; Fanuy went.-Slave Colonies of Great Britain, pp. 107, 108.

These extracts contravene Mr. Barclay's insinuation, that the negro girls were ignorant of the illicitness of their connexion with the white men, and that they thought the title of keeper was the same as that of husband.

But whatever apology the degraded and dependent state of the negro female may be for her conduct, there is none for the white man. We cannot, with Mr. Barclay, extenuate his seduction of the female slave, and living with her in a state of concubinage, by calling it his "misfor

tune; as, professing himself to be a Christian, he must know that in the sacred volume, which is the Christian's rule of conduct, it is denounced as a crime that will, if persevered in, exclude him from the regions of everlasting bliss. It is his open disregard of the moral sanctions of the Gospel, and not his misfortune, that bars him from "the blessings of marriage and domestic happiness." Had Mr. Barclay applied the term

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misfortune" to the state of the poor female slave, who is seduced or forced into crime, instead of volunteering his services as an open apologist for the gross immoralities of the white colonists, he would have held the scales of justice more even, and evinced a more correct moral feeling.

We have thus held up to the view of our readers the abominations that demoralize the whole frame of society in our slave colonies. Of this we canlast extract from the work of Mr. not have a stronger proof than in our Barclay, the author of which is not devoid of intelligence and talent; but alas, how are they perverted! Not content with the grossest misrepresentahe comes forward the apologist for the tions of the arguments of Mr. Stephen,

abominations we have denounced.

The principal reason for the extension of our animadversions on

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