Critical, Historical, and Miscellaneous Essays; Vol. 6: With a Memoir and IndexMacaulay, Thomas Babington Macaulay, Baron
History
Critical, Historical, and Miscellaneous Essays; Vol. 6: With a Memoir and Index
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
But it is neither on facts nor on arguments that slavery seems now to
depend for protection. It neither doubles, nor stands at bay. It has
neither the ingenuity of the hare, nor the intrepidity of the lion. It
defends itself, like the hunted polecat, by the loathsomeness with which
it taints the atmosphere around it; and hopes to escape, by disgusting
those whom it can neither weary nor subdue. We could say much on this
subject. But the sum is, that “the worm will do his kind”--and we have
a more important task to perform. It is our intention to analyse, very
concisely, the valuable work of Mr. Stephen, (1) and afterwards to offer
to our readers some remarks which the perusal of it has suggested.
Mr. Stephen begins, by inquiring into the origin and authority of the
Colonial Slave-laws. It has been commonly supposed in England, that
there exists some known local law in the Colonies, distinct from the law
of England, by which the bondage of the Negro has been introduced and
defined. There is, however, no such law. The Colonists could, at no
time, venture to present an act for such a purpose to an
(1) Mr. Stephen’s work cannot, of course, embrace any
changes which may have taken place in West Indian
Legislation during the last eighteen months or two years.
Some partial modifications of the former code may have taken
place during that time in three or four of the colonies, but
these do not affect the general results.
English {305}sovereign. The Spanish conquerors and the roving pirates
of the Antilles had established that state: and the English settlers
considered themselves as succeeding to the rights of the original
despoilers of America. Those rights, as they at that time existed, may
be summed up in one short and terrible maxim,--that the slave is _the
absolute property_ of the master. It is desirable that this should be
known; because, although a few restraining statutes have of late years
been passed, this odious principle is still the basis of all West Indian
legislation. It is pre-supposed in all meliorating acts. It is the rule,
and the restraints are exceptions. In the benefits which every other
English subject derives from the common law, the Negro has no share. His
master may lawfully treat him as he pleases, except in points regulated
by express enactment.
Mr. Stephen proceeds to analyze the legal nature of the relation between
the master and the slave. Throughout the West Indies, slavery is a
constrained service,--a service without wages. In some of the colonies,
indeed, there are acts which regulate the time of labour, and the amount
of the subsistence which shall be given in return. But, from causes
to which we shall hereafter advert, these acts are nugatory. In other
islands, even these ostensible reforms have not taken place: and the
owner may legally give his slaves as much to do, and as little to eat,
as he thinks fit.
Public-domain text, read in full here on John Shaqi.
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