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 we must proceed. The slave, thus excluded from the protection of the
law, is subject to all its restraints. He undergoes {309}the miseries
of a beast of burden, without enjoying its immunities. He is bound,
notwithstanding that alleged inferiority of his understanding, which is
admitted as a reason for curtailing his rights, but not for lightening
his responsibility, by the whole of the criminal code which is in force
against free persons. And, in addition to this, he is subjected to
another most unjust and cruel code, made for his class alone. If he
flies from the colony, he is put to death. If he goes beyond the limits
of the plantation to which he is attached, without a written permission,
he is liable to be severely punished. Actions in themselves perfectly
innocent,--buying or selling certain goods in a market,--raising certain
descriptions of produce,--possessing certain species of live stock,--are
crimes for which the Negro is punished, unless he can produce a written
authority from his owner. In some of the Islands, not even the command of
his owner is admitted as an excuse. To beat a drum, to blow a horn, to
dance, to play at quoits, to throw squibs, to make fireworks, are
all offences when committed by a slave, and subject him to the cruel
chastisement of the whip. When things merely indifferent are visited
with such severe penalties, it may easily be imagined that real
delinquencies are not very mercifully dealt with. In fact, many
actions for which a White man is only imprisoned, or otherwise slightly
punished, if punished at all, are capital crimes when committed by a
slave. Such are stealing, or attempting to steal, to the value of 12d.
currency, killing any animal of the value of 6s., uttering mutinous
words, and a long list of equally heinous crimes. We have already
mentioned the infamous law which exists in Jamaica on the subject of
perjury. Another of a most kingly character is in force in the same
Isand. To compass or imagine the death of any of the White inhabitants,
(God bless their Majesties!) is an enormity for which a slave is
punished with death. It is contrary to the duty of their allegiance!
Such is the penal code to which the slaves are subject. The manner in
which they are tried is, if possible, still more disgraceful. On charges
which do not affect their lives, a single justice is, for the most part,
competent to decide. In capital cases, several justices must attend,
and, in most of the Colonies, a Jury is summoned, if that name can
be applied where there is neither parity of condition nor right of
challenge. {310}No indictment is preferred No previous investigation
takes place before a Grand Jury. In most of the Islands no record is
drawn up. In some, it is enacted, that the execution shall immediately
follow the sentence. The prisoner is now sufficiently lucky to be
hanged. But formerly it was not unusual to inflict what the Colonial
codes style “exemplary punishment.”
Public-domain text, read in full here on John Shaqi.
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