The History of Java, v. 1-2Raffles, Thomas Stamford, Sir
History
The History of Java, v. 1-2
Raffles, Thomas Stamford, Sir
Java (Indonesia) -- History
It was conceived, that considering the civil law only as a supplement
to the positive law, continued in force on Java under the proclamation
of the Earl of Minto of 11th September 1811, the code respecting
slavery might, together with the other parts of legislation, be amended
and established, on principles more consistent with humanity and good
sense, by a declaration, that slaves in future should not be considered
as objects of real property, but as objects possessing personal rights,
and bound only to unlimited service; and that, in consequence thereof,
slaves should never be transferred from one master to another, without
their own consent given before witnesses or a notary. That a master
should possess no other power over his slave, than to exact service in
an equitable manner; that he should inflict no corporal chastisement on
him after he had attained a certain age, nor beyond such a degree as
would be given to his children or common apprentices; that all personal
wrongs done to a slave, either by his master or by others, should be
estimated by the common rules of personal injuries, and not by the
principle of a proprietor abusing his own property; that the punishment
for murder committed by a master on his slave, should be the same as
that of murder committed on a free person; that every slave should
have a right to acquire property of his own, by his private industry
or labour, or by the bounty of others; that this property should never
be removeable at the discretion of the master; that by this property
the slave should always have a right to redeem his liberty, after
having continued with his master for the term of seven years, and on
paying the sum which, on estimation, subject to the approval of the
magistrate, should at the time be thought an adequate equivalent for
his personal services.
These fundamental alterations in the code were submitted by the local
government to a higher authority, at a period when the principal
proprietors evinced a concurrence in the measure; but the provisional
tenure of the government, and the expectation of the early transfer of
the island to the crown, induced a delay, until the re-establishment of
Holland as a kingdom precluded the adoption of so essential a change.
Public-domain text, read in full here on John Shaqi.
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