Thoughts on the Necessity of Improving the Condition of the Slaves in the British Colonies: With a View to Their Ultimate Emancipation; and on the Practicability, the Safety, and the Advantages of the Latter Measure.Clarkson, Thomas
Philosophy
Thoughts on the Necessity of Improving the Condition of the Slaves in the British Colonies: With a View to Their Ultimate Emancipation; and on the Practicability, the Safety, and the Advantages of the Latter Measure.
Clarkson, Thomas
Enslaved persons -- Emancipation -- West Indies, British; Slavery -- West Indies, British
Neither have the masters of slaves in our colonies any title to their
slaves on account of any _charters_, which they may be able to produce,
though their charters are the only source of their power. It is through
these that they have hitherto legislated, and that they continue to
legislate. Take away their charters, and they would have no right or
power to legislate at all. And yet, though they have their charters, and
though the slavery, which now exists, has been formed and kept together
entirely by the laws, which such charters have given them the power to
make, this very slavery _is illegal_. There is not an individual, who
holds any of the slaves by a _legal_ title: for it is expressed in all
these charters, whether in those given to William Penn and others for
the continent of North America, or in those given for the islands now
under our consideration, that "the laws and statutes, to be made there,
are _not to be repugnant_, but, as near as may be, _agreeable, to the
laws_ and statutes of this our _kingdom of Great Britain_." But is it
consistent with the laws of England, that any one man should have the
power of forcing another to work for him without wages? Is it consistent
with the laws of England, that any one man should have the power of
flogging, beating, bruising, or wounding another at his discretion? Is
it consistent with the laws of England, that a man should be judged by
any but his peers? Is it consistent with the same laws, that a man
should be deprived of the power of giving evidence against the man who
has injured him? or that there should be a privileged class, against
whom no testimony can be admitted on certain occasions, though the
perpetrators of the most horrid crimes? But when we talk of consistency
on this occasion, let us not forget that old law of Barbadoes, made
while the charter of that island was fresh in every body's memory, and
therefore in the very teeth of the charter itself, which runs thus: "If
any slave, under punishment by his master or by his order, shall suffer
in life or member, no person shall be liable to any fine for the same:
but if any person shall _wantonly_ or _cruelly_ kill his own slave, he
shall pay the treasury 15 l." And here let us remark, that, when Lord
Seaforth, governor of Barbadoes, proposed, so lately as in 1802, the
repeal of this bloody law, the Legislature of that island rejected the
proposition with indignation. Nay, the very proposal to repeal it so
stirred up at the time the bad passions of many, that several brutal
murders of slaves were committed in consequence; and it was not till two
or three years afterwards that the governor had influence enough to get
the law repealed. Let the West Indians then talk no more of their
_charters_; for in consequence of having legislated upon principles,
which are at variance with those upon which the laws of England are
founded, they have _forfeited them all_. The mother country has
Public-domain text, read in full here on John Shaqi.
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