Puslapio vaizdai
PDF
„ePub“

passed which regulate the condition of slaves, which tend to consider them, as the colonists themselves do, as res positæ in commercio,—as goods and chattels, subject to mortgage, constituting part of the value of the estates, as liable to be taken in execution for debt, and to be publicly sold for such purposes? And have not the highest courts in this country, the privy council and the court of Chancery, not made regulations for carrying the system into effect with most scrupulous regularity, and under the sanction of Acts of Parliament? Can any man doubt, at this day, that slaves in the colonies may not be transferred by sale made in England, and which would be affirmed, without reference to the court so empowered? and how, under the guarantee of such protection, can it be asserted that the law of England does not support, and, in a high degree, favour, the law of slavery in its West Indian colonies, however it may discourage it in the mother country? Is it not certain that this trade of the colonies has been the very favoured trade of this country, and so continues, as far as can be judged from the encouragement given in various forms -the making of treaties, the institution of companies, the devolution from one company to another, the compulsion of the colonies to accept this traffic, and the recognition of it in a great variety of its laws? If it be a sin, it is a sin in which this country has largely shared in its guilt, and ought to bear its proportion of the redemption. How this country can decline to perform the act of justice in performing the act of charity, men of great wisdom and integrity have not been able to discover."

It is evident, in the preceding argument, the opinion of the judge is founded on the assumption that the origin of slavery had custom only for its support, and that such custom operated with the force of law.

I find the following definition of the legal phrase custom in Blackstone's Commentaries, and also the description of the conditions that give custom the

force of law:-"When a custom," says Blackstone, "is actually proved to exist, the next inquiry is into the legality of it, for if it is not a good custom, it ought to be no longer used. Malus usus abolendus est. To make a particular custom good, the following are necessary requisites." And these requisites, divested of legal phraseology, he states, are the following:

1st. That it has been from time immemorial.
2nd. That it has been continued.
3rd. That it has been peaceable.
4th. That it must be reasonable.
5th. That it ought to be certain.
6th. That it should be consistent.

I will only ask, which of these remarks, with the exception of the second, has slavery upon it?

The next opinion is that of Lord Mansfield, on the case of the negro Sommerset, who claimed his freedom in 1772, in the Court of King's Bench, being then in England, and refusing to return to slavery in the West Indies. In his judgment, Lord Mansfield observed,— "The state of slavery is of such a nature, that it is incapable of being now introduced by courts of justice upon mere reasoning, or inferences from any principles natural or political, it must take its rise from positive law: the origin of it can in no country or age be traced back to any other source. Immemorial usage preserves the memory of positive law long after all traces of the occasion, reason, and authority, and time of its introduction, are lost, and, in a case so odious as the condition of slaves, must be taken strictly." The man was declared free: in the language of Curran, he had touched the soil that is consecrated by the genius of universal emancipation, and the law declared him "redeemed, regenerated, and disenthralled." Now, in the preceding judgment, it is implied that slavery, to make it legal, required stronger supports than could be adduced for it, derived from natural and political principles. slavery is attempted to be derived from natural princi

If

ples, the claim can never be supported; if from political ones, the difficulty is equally great; for I believe it will not be contended that slavery has ever proved politically advantageous to any country, if prosperity be acknowledged a test of political advantage.

The last opinion I have to notice is that of Lord Eldon, in a case which came before him many years ago. "When I find," says his Lordship, "the system of slavery instituted, fostered, and encouraged by the British laws, and under the auspices of the highest sanction, I would hesitate a long time before I ventured to say it was contrary to the genius of the British empire."

This great lawyer, the world knows, was in the habit of hesitating a good deal; but there are few Englishmen, I apprehend, whether lawyers or not, who would not hesitate still longer than even his Lordship did, before they would come to the conclusion that slavery was congenial to the spirit of the British Constitution.

I am, my dear Sir,

Yours, very truly,

R. R. M.

LETTER XXIX.

POLICE-OFFICE NEGROES.

TO THE COUNT D'ORSAY.

MY DEAR SIR,

Kingston, Sept. 10, 1834.

Among the numerous cases that have come before me, of a ludicrous character, either where negroes have been plaintiffs or defendants, there have been many which might have given excellent occupation to the genius of Hogarth, or the inimitable talent of the Morning

Herald police-reporter; but the perception of the ridiculous is one thing, and the description of it is another, -and, unfortunately, the latter is not much in my way. I shall, therefore, content myself with giving you a few negro epistles, without taking a liberty with a single letter of the original.

But if all the cases which came before me within the last twelve months were only of a ludicrous character, if the majority were of a description to occasion merriment, the necessity for the change in the system which has taken place, might not be considered very apparent. I will only say that I consider that change was most imperatively called for by existent circumstances, as well as past ones; but I do not mean to refer to any cases that came before me in my official capacity, to substantiate this assertion.

I trust the time for animosity and heart-burnings between all parties here is drawing to a close; it certainly has not come to it, but it shall not be my business to hinder or impede it. But, once for all, I most distinctly state, that no measure ever was more imperatively called for by urgent and obvious necessity, than that for the abolition of slavery. There is one gratifying prospect for the friends of humanity, who regard with disquietude the continuance of slavery in the islands of the other European powers, in some of which, not forgetting the French, the condition of the slave is even more abject than it has been for many years in the British colonies: the abolition of slavery in our islands must lead to its cessation in the neighbouring colonies. I do not expect it will be relinquished willingly, either by the governments of France or Spain; but the very efforts that will be required to continue it, and the imposition of new restraints on the now awakened spirit of the negro population of these islands, will render the slaves less patient of oppression, and more united in the effort to demand justice, and, when denied, to exact it. Both of these governments had better make a virtue of necessity, and do what is ex

pedient, with the grace of a cheerful concession. There is merit in an act even of tardy justice: there is nothing but fatuity in persistance in a system which is surrounded with difficulties that are not to be surmounted. It needs no ghost from the grave to tell us that the days of slavery are numbered in the Western World, or to point to the words that the finger of destiny has visibly written on the walls of the slave-holder's habitationThy property in man shall speedily pass away!

But I must not forget my police matters, in my politics. The following epistle was handed me by a negro lady, about sixty years of age, whose rueful expression of countenance, and violent gesticulation made me think she had some mortal grievance to complain of: the grievance, however, was not of so serious à nature as I apprehended.

"DR. MADDAN, Esq., Stependary Magistrate.
"Kingston, Oct. 16, 1834.

"Please your worship

"To Hear my Complaint wich I am Entend to Lay Down before your worship and hopeing your worship will have it Justified before your worship that is on Monday the 29th September 1834 one Mrs Hope live in Brown Town She began to through Casom and to abuse but wich she Didnot Call no Name ontill this last Monday She Came to my Gate and put a false Accusation on my Daughter Elizabeth Frances and Call Her a theefe and accuse her of Mug Staling that this Mrs hope Have lost and make use of great many words in Bad expesstion and Please your worship I have Gott witness that my Daughter never put her fut in Mrs hope yard and further more wich it Can be Prove that my Daughter Never take her mug and She have Kick such a up Row that the permanence Guard was Oblige to came out to make Peace and to make Her Keepe Silence from maken use of bad Expression before she whould bedon and if your worship Please to Send for her to let her prove that my Daughter taken Her Mug for I think

« AnkstesnisTęsti »