The History of Cuba, vol. 2Johnson, Willis Fletcher
History
The History of Cuba, vol. 2
Johnson, Willis Fletcher
Cuba -- Economic conditions; Cuba -- History
The humane attitude of the Spaniard towards the negro slave made the
Royal Cedula issued by King Carlos III. in 1789 a unique document. For
in this royal decree are set forth the rights of the slaves with a
precision which in an eventual dispute with the masters could admit of
no doubt. By that decree the Spanish king earned for himself a niche in
the gallery of human benefactors. For the individual paragraphs as
compared with the civic code of Spain show little or no discrimination
between the black and the white elements of the colonial population.
These laws agreed perfectly with the spirit of the period which had
produced Howard, Wilberforce, Sewall and others. They were conceived in
a remarkable spirit of equity, whatever violations and abuses may have
occurred in individual practice. According to this cedula, a slave, if
ill-treated, had the right to choose another master, provided he could
induce this new master to buy him. He could buy his liberty at the
lowest market-price. He could buy wife and children and marry the wife
of his choice. If he suffered cruel treatment, he could appeal to the
courts and in some instances might be set free. If negroes were in doubt
about the lawfulness of their enslavement, they also had the right to
bring their case to the notice of the courts. By that same cedula negro
slaves were granted the right to hold property which opened for them
opportunities for eventual emancipation. Moreover that law declared that
fugitive slaves who by righteous means had gained their freedom were not
to be returned to their masters.
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