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
In all the islands, the master may legally imprison his slave. In all
the islands he may legally flog him; and in some of the islands he may
legally flog him at his discretion. The best of the meliorating acts
promise little, and perform less. By some of them it is enacted, that
the slave shall not be flogged, till recovered from the effects of his
last flogging--by others, that he shall not receive more than a certain
number of lashes in one day. These laws, useless as they are, have a
meaning. But there are others which add insult to cruelty. In some of
the Colonial Codes, there are facetious provisions that the slave shall
not receive more than a certain number of lashes at one time, or for
one fault. What is the legal definition of a time? Or who are the legal
judges of a fault? If the master should chuse to say that it is a
fault in his slave to have woolly hair, whom does the law authorize to
contradict him?
It is just to say, that the murder of a slave is now a capital
{306}crime. But the West Indian rules of evidence, to which we shall
hereafter call the attention of onr readers, render the execution of
the laws on this subject almost impossible. The most atrocious kinds of
mutilation,--even those which in England are punished with death,--when
committed upon the person of a slave, subject the offender only to a
fine, or to a short imprisonment. In Dominica, for instance, “to maim,
deface, mutilate, or cruelly torture” a slave, is a crime which is to
be expiated by a fine not exceeding one hundred pounds currency, or
by imprisonment not exceeding the term of three months, By the law of
Jamaica, a master who perpetrates any outrage short of murder on the
person of a slave, is subject to a fine not exceeding one hundred pounds
currency, or to imprisonment not exceeding the term of 12 months. In
very atrocious cases, the court may direct the enfranchisement of the
slave. But this, though a benefit, as far as it goes, to the Negro, is a
very slight aggravation of the punishment of the master. At most, it is
only an addition of a few pounds to the fine. And as the possession of a
slave who has been maimed in such a maimer as to render him helpless, is
rather burdensome than profitable, it would, in many eases, be really an
advantage to the criminal.
If these terrible prerogatives were confined to the master alone, the
condition of the slave would be suficiently wretched. Yet it would not
be without alleviations. The proprietor might sometimes be restrained by
a sense of his pecuniary interest, if not by higher considerations,
from those extreme outrages, against which the law affords so scanty a
protection. At all events, during his absence, his Negroes would enjoy
an interval of security. Unhappily, the Colonial Codes permit all the
representatives and agents of the master, black and white, bond and
free, to exercise most of his despotic powers.
Public-domain text, read in full here on John Shaqi.
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