Compulsory manumission : $b or, An examination of the actual state of the West India questionMcDonnell, Alexander
History
Compulsory manumission : $b or, An examination of the actual state of the West India question
McDonnell, Alexander
Enslaved persons -- Emancipation -- West Indies, British; Slavery -- West Indies, British
It has consequently been considered that, while the slave-trade
was in active operation in the Spanish colonies, the practice of
manumission was encouraged, as increasing the means of preventing
insurrection.
But it is surely unfair to hold up to the imitation of another colony
the enactments and usages introduced by one whose laws were adapted
to a state of things so different; and to require that the provisions
of a code adapted to the existence of the slave-trade, should be
engrafted upon other codes framed since its abolition.
The order in council for Trinidad has not affected the principle of
the Spanish law, or rather the practice in the Spanish colonies,
which allows a slave to enfranchise himself by purchase. But the
British law in our settlements gives no such right whatever to a
slave.
According to those codes, the interest of an owner in his slave is
that of a fee-simple absolute: he purchased upon that tenure, he has
continued to hold upon the same, and cannot be deprived of that legal
title without a direct violation of property.
In Trinidad it is otherwise: a person purchasing a slave in that
colony, knows beforehand that he acquires only a precarious title in
such a slave, which depends on the ability of the slave to purchase
himself.
Nor has sufficient time yet elapsed to make known the great
difference in the working of the measure that must take place now
that the slave-trade has ceased, contrasted with the period when it
was in active prosecution.
It ought also to be stated, that the hardship and evils of the law
in Trinidad, even subsequent to the abolition of the slave-trade,
had not been so much felt, from the nature of its laws not being
generally known in this country: consequently, there was no
extraneous excitement upon the subject given to the minds of the
negroes.
But now, when this excitement has been given, the brief experience
already afforded, tends strongly to corroborate the arguments we have
advanced; and it is credibly asserted, that the Secretary for the
Colonies has received representations and appeals, proving evils to
have proceeded from the operation of this law.
Among these evils, theft is shown to have increased; and the
proceedings before the local magistrates are said to evince a
progressive demoralization amongst the negroes.
It is further known, that instances have occurred where the sum
assessed by the appraisers, as the price of manumission, has been
higher than the negro was able, or considered himself entitled, to
pay; and the being sent back under these circumstances has visibly
produced in him a sullenness and discontent exactly as has been
described, and in all probability as injurious to the interests of
his master, as if he had obtained his discharge at his own valuation.
From these circumstances, it is apparent that there is no analogy
between the case of Trinidad and that of the other British Colonies,
and that thus far no proper precedent is established.
Public-domain text, read in full here on John Shaqi.
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