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
He is not competent to be a party to any civil action, either as
plaintiff or defendant; nor can he be received as informant or
prosecutor against any person of free condition. He is protected only
as a horse is protected in this country. His owner may bring an action
against any person who may have occasioned the loss of his services.
But it is plain that the slave may sustain many civil injuries, to which
this circuitous mode of obtaining redress is not applicable; and even
when it is applicable, the damages are awarded, not to the injured
party, but to his master. The protection which indictments and criminal
informations afford, is also of very narrow extent. Many crimes which,
when committed against a white man, are considered as most atrocious,
may be committed by any white man against a slave with perfect impunity.
To rob a slave, for instance, is, in most of the islands, not even
a misdemeanour. In this case, the grand principle of Colonial law is
suspended. The property of a slave, it seems, is considered as belonging
to his owner for the purpose {308}of oppression, but not for the purpose
of protection. By the meliorating laws of some of the Colonies, the
crime of highway robbery upon a Negro, is punished by fines, which, as
far as we are informed, in no case exceed thirty pounds currency.
But this is not all. The natural right of self-defence is denied to the
slave. By the laws of almost all the islands, a slave who should defend
himself from murder or torture, to the injury of a White person, though
such White person should posess no authority whatever over him might be
punished with death.
Public-domain text, read in full here on John Shaqi.
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