Chapter IV: Part 4

About the year 1749, I sailed from Liverpool to the coast of Guinea. Some time after our arrival, I was ordered to go up the country a considerable distance, upon having notice from one of the Negroe Kings, that he had a parcel of slaves to dispose of. I received my instructions, and went, carrying with me an account of such goods as we had on board, to exchange for the slaves we intended to purchase. Upon being introduced, I presented him with a small case of English spirits, a gun, and some trifles; which having accepted, and understood by an interpreter what goods we had, the next day was appointed for viewing the slaves; we found about two hundred confined in one place. But here how shall I relate the affecting sight I there beheld! How can I sufficiently describe the silent sorrow which appeared in the countenance of the afflicted father, and the painful anguish of the tender mother, expecting to be for ever separated from their tender offspring; the distressed maid, wringing her hands in presage of her future wretchedness, and the general cry of the innocent from a dreadful apprehension of the perpetual slavery to which they were doomed! Under a sense of my offence to God, in the persons of his creatures, I acknowledge I purchased eleven, whom I conducted tied two and two to the ship. Being but a small ship, (ninety ton) we soon purchased our cargo, consisting of one hundred and seventy slaves, whom thou mayest, reader, range in thy view, as they were shackled two and two together, pent up within the narrow confines of the main deck, with the complicated distress of sickness, chains, and contempt; deprived of every fond and social tie, and, in a great measure, reduced to a state of desperation. We had not been a fortnight at sea, before the fatal consequence of this despair appeared; they formed a design of recovering their natural right, LIBERTY, by rising and murdering every man on board; but the goodness of the Almighty rendered their scheme abortive, and his mercy spared us to have time to repent. The plot was discovered; the ring-leader, tied by the two thumbs over the barricade door, at sun-rise received a number of lashes: in this situation he remained till sun-set, exposed to the insults and barbarity of the brutal crew of sailors, with full leave to exercise their cruelty at pleasure. The consequence of this was, that next morning the miserable sufferer was found dead, flayed from the shoulders to the waist. The next victim was a youth, who, from too strong a sense of his misery, refused nourishment, and died disregarded and unnoticed, till the hogs had fed on part of his flesh. Will not christianity blush at this impious sacrilege? May the relation of it serve to call back the struggling remains of humanity in the hearts of those, who, from a love of wealth, partake in any degree of this oppressive gain; and have such an effect on the minds of the sincere, as may be productive of peace, the happy effect of true repentance for past transgressions, and a resolution to renounce all connexion with it for the time to come.]

Reader, bring the matter home to thy own heart, and consider whether any situation can be more completely miserable than that of these distressed captives. When we reflect that each individual of this number had probably some tender attachment, which was broken by this cruel separation; some parent or wife, who had not an opportunity of mingling tears in a parting embrace; perhaps some infants, or aged parents, whom his labour was to feed, and vigilance protect; themselves under the most dreadful apprehension of an unknown perpetual slavery; confined within the narrow limits of a vessel, where often several hundreds lie as close as possible. Under these aggravated distresses, they are often reduced to a state of despair, in which many have been frequently killed, and some deliberately put to death under the greatest torture, when they have attempted to rise, in order to free themselves from present misery, and the slavery designed them. Many accounts of this nature might be mentioned; indeed from the vast number of vessels employed in the trade, and the repeated relations in the public prints of Negroes rising on board the vessels from Guinea, it is more than probable, that many such instances occur every year. I shall only mention one example of this kind, by which the reader may judge of the rest; it is in Astley's collection, vol. 2. p. 449, related by John Atkins, surgeon on board admiral Ogle's squadron, of one "Harding, master of a vessel in which several of the men-slaves and women-slaves had attempted to rise, in order to recover their liberty; some of whom the master, of his own authority, sentenced to cruel death, making them first eat the heart and liver of one of those he had killed. The woman he hoisted by the thumbs, whipped, and slashed with knives before the other slaves, till she died."[A] As detestable and shocking as this may appear to such whose hearts are not yet hardened by the practice of that cruelty, which the love of wealth by degrees introduceth into the human mind, it will not be strange to those who have been concerned or employed in the trade.

[Footnote A: A memorable instance of some of the dreadful effects of the slave-trade, happened about five years past, on a ship from this port, then at anchor about three miles from shore, near Acra Fort, on the coast of Guinea. They had purchased between four and five hundred Negroes, and were ready to sail for the West Indies. It is customary on board those vessels, to keep the men shackled two by two, each by one leg to a small iron bar; these are every day brought on the deck for the benefit of air; and lest they should attempt to recover their freedom, they are made fast to two common chains, which are extended on each side the main deck; the women and children are loose. This was the situation of the slaves on board this vessel, when it took fire by means of a person who was drawing spirits by the light of a lamp; the cask bursting, the fire spread with so much violence, that in about ten minutes, the sailors, apprehending it impossible to extinguish it before it could reach a large quantity of powder they had on board, concluded it necessary to cast themselves into the sea, as the only chance of saving their lives; and first they endeavoured to loose the chains by which the Negroe men were fastened to the deck; but in the confusion the key being missing, they had but just time to loose one of the chains by wrenching the staple; when the vehemence of the fire so increased, that they all but one man jumped over board, when immediately the fire having gained the powder, the vessel blew up with all the slaves who remained fastened to the one chain, and such others as had not followed the sailors examples. There happened to be three Portugueze vessels in sight, who, with others from the shore, putting out their boats, took up about two hundred and fifty of those poor souls who remained alive; of which number, about fifty died on shore, being mostly of those who were fettered together by iron shackles, which, as they jumped into the sea, had broke their legs, and these fractures being inflamed by so long a struggle in the sea, probably mortified, which occasioned the death of every one that was so wounded. The two hundred remaining alive, were soon disposed of, for account of the owners to other purchasers.]

Now here arises a necessary query to those who hold the balance of justice, and who must be accountable to God for the use they have made of it, That as the principles on which the British constitution is founded, are so favourable to the common rights of mankind, how it has happened that the laws which countenance this iniquitous traffic, have obtained the sanction of the legislature? and that the executive part of the government should so long shut their ears to continual reports of the barbarities perpetrated against this unhappy people, and leave the trading subjects at liberty to trample on the most precious rights of others, even without a rebuke? Why are the masters of vessels thus suffered to be the sovereign arbiters of the lives of the miserable Negroes, and allowed with impunity thus to destroy (may I not properly say, _to murder_) their fellow-creatures; and that by means so cruel, as cannot be even related but with shame and horror?

CHAP. XIII.

Usage of the Negroes, when they arrive in the West Indies. An hundred thousand Negroes brought from Guinea every year to the English colonies. The number of Negroes who die in the passage and seasoning. These are, properly speaking, murdered by the prosecution of this infamous traffic. Remarks on its dreadful _effects and tendency_.

When the vessels arrive at their destined port in the colonies, the poor Negroes are to be disposed of to the planters; and here they are again exposed naked, without any distinction of sexes, to the brutal examination of their purchasers; and this, it may well be judged, is, to many, another occasion of deep distress. Add to this, that near connexions must now again be separated, to go with their several purchasers; this must be deeply affecting to all, but such whose hearts are seared by the love of gain. Mothers are seen hanging over their daughters, bedewing their naked breasts with tears, and daughters clinging to their parents, not knowing what new stage of distress must follow their separation, or whether they shall ever meet again. And here what sympathy, what commiseration, do they meet with? Why, indeed, if they will not separate as readily as their owners think proper, the whipper is called for, and the lash exercised upon their naked bodies, till obliged to part. Can any human heart, which is not become callous by the practice of such cruelties, be unconcerned, even at the relation of such grievous affliction, to which this oppressed part of our species are subjected.

In a book, printed in Liverpool, called _The Liverpool Memorandum_, which contains, amongst other things, an account of the trade of that port, there is an exact list of the vessels employed in the Guinea trade, and of the number of slaves imported in each vessel; by which it appears that in the year 1753, the number imported to America by one hundred and one vessels belonging to that port, amounted to upwards of thirty thousand; and from the number of vessels employed by the African company in London and Bristol, we may, with some degree of certainty, conclude, there are one hundred thousand Negroes purchased and brought on board our ships yearly from the coast of Africa. This is confirmed in Anderson's history of Trade and Commerce, lately printed; where it is said,[A] "That England supplies her American colonies with Negroe slaves, amounting in number to above one hundred thousand every year." When the vessels are full freighted with slaves, they sail for our plantations in America, and may be two or three months in the voyage; during which time, from the filth and stench that is among them, distempers frequently break out, which carry off commonly a fifth, a fourth, yea sometimes a third or more of them: so that taking all the slaves together, that are brought on board our ships yearly, one may reasonably suppose, that at least ten thousand of them die on the voyage. And in a printed account of the state of the Negroes in our plantations, it is supposed that a fourth part, more or less, die at the different islands, in what is called the seasoning. Hence it may be presumed, that at a moderate computation of the slaves who are purchased by our African merchants in a year, near thirty thousand die upon the voyage, and in the seasoning. Add to this, the prodigious number who are killed in the incursions and intestine wars, by which the Negroes procure the number of slaves wanted to load the vessels. How dreadful then is this slave-trade, whereby so many thousands of our fellow creatures, free by nature, endued with the same rational faculties, and called to be heirs of the same salvation with us, lose their lives, and are, truly and properly speaking, murdered every year! For it is not necessary, in order to convict a man of murder, to make it appear that he had an _intention_ to commit murder; whoever does, by unjust force or violence, deprive another of his liberty, and, while he hath him in his power, continues so to oppress him by cruel treatment, as eventually to occasion his death, is actually guilty of murder. It is enough to make a thoughtful person tremble, to think what a load of guilt lies upon our nation on this account; and that the blood of thousands of poor innocent creatures, murdered every year in the prosecution of this wicked trade, cries aloud to Heaven for vengeance. Were we to hear or read of a nation that destroyed every year, in some other way, as many human creatures as perish in this trade, we should certainly consider them as a very bloody, barbarous people; if it be alledged, that the legislature hath encouraged, and still does encourage this trade, It is answered, that no legislature on earth can alter the nature of things, so as to make that to be right which is contrary to the law of God, (the supreme Legislator and Governor of the world) and opposeth the promulgation of the Gospel of _peace on earth, and good will to man_. Injustice may be methodized and established by law, but still it will be injustice, as much as it was before; though its being so established may render men more insensible of the guilt, and more bold and secure in the perpetration of it.

[Footnote A: Appendix to Anderson's history, p. 68.]

CHAP. XIV.

Observations on the disposition and capacity of the Negroes: Why thought inferior to that of the Whites. Affecting instances of the slavery of the Negroes. Reflections thereon.

Doubts may arise in the minds of some, whether the foregoing accounts, relating to the natural capacity and good disposition of the inhabitants of Guinea, and of the violent manner in which they are said to be torn from their native land, are to be depended upon; as those Negroes who are brought to us, are not heard to complain, and do but seldom manifest such a docility and quickness of parts, as is agreeable thereto. But those who make these objections, are desired to note the many discouragements the poor Africans labour under, when brought from their native land. Let them consider, that those afflicted strangers, though in an _enlightened Christian country_, have yet but little opportunity or encouragement to exert and improve their natural talents: They are constantly employed in servile labour; and the abject condition in which we see them, naturally raises an idea of a superiority in ourselves; whence we are apt to look upon them as an ignorant and contemptible part of mankind. Add to this, that they meet with very little encouragement of freely conversing with such of the Whites, as might impart instruction to them. It is a fondness for wealth, for authority, or honour, which prompts most men in their endeavours to excell; but these motives can have little influence upon the minds of the Negroes; few of them having any reasonable prospect of any other than a state of slavery; so that, though their natural capacities were ever so good, they have neither inducement or opportunity to exert them to advantage: This naturally tends to depress their minds, and sink their spirits into habits of idleness and sloth, which they would, in all likelihood, have been free from, had they stood upon an equal footing with the white people. They are suffered, with impunity, to cohabit together, without being married; and to part, when solemnly engaged to one another as man and wife; notwithstanding the moral and religious laws of the land, strictly prohibiting such practices. This naturally tends to beget apprehensions in the most thoughtful of those people, that we look upon them as a lower race, not worthy of the same care, nor liable to the same rewards and punishments as ourselves. Nevertheless it may with truth be said, that both amongst those who have obtained their freedom, and those who remain in servitude, some have manifested a strong sagacity and an exemplary uprightness of heart. If this hath not been generally the case with them, is it a matter of surprize? Have we not reason to make the same complaint of many white servants, when discharged from our service, though many of them have had much greater opportunities of knowledge and improvement than the blacks; who, even when free, labour under the same difficulties as before: having but little access to, and intercourse with, the most reputable white people, they remain confined within their former limits of conversation. And if they seldom complain of the unjust and cruel usage they have received, in being forced from their native country, &c. it is not to be wondered at; it being a considerable time after their arrival amongst us, before they can speak our language; and, by the time they are able to express themselves, they have great reason to believe, that little or no notice would be taken of their complaints: yet let any person enquire of those who were capable of reflection, before they were brought from their native land, and he will hear such affecting relations, as, if not lost to the common feelings of humanity, will sensibly affect his heart. The case of a poor Negroe, not long since brought from Guinea, is a recent instance of this kind. From his first arrival, he appeared thoughtful and dejected, frequently dropping tears when taking notice of his master's children, the cause of which was not known till he was able to speak English, when the account he gave of himself was, "That he had a wife and children in his own country; that some of these being sick and thirsty, he went in the night time, to fetch water at a spring, where he was violently seized and carried away by persons who lay in wait to catch men, from whence he was transported to America. The remembrance of his family, friends, and other connections, left behind, which he never expected to see any more, were the principal cause of his dejection and grief." Many cases, equally affecting, might be here mentioned; but one more instance, which fell under the notice of a person of credit, will suffice. One of these wretched creatures, then about 50 years of age, informed him, "That being violently torn from a wife and several children in Guinea, he was sold in Jamaica, where never expecting to see his native land or family any more, he joined himself to a Negroe woman, by whom he had two children: after some years, it suiting the interest of his owner to remove him, he was separated from his second wife and children, and brought to South Carolina, where, expecting to spend the remainder of his days, he engaged with a third wife, by whom he had another child; but here the same consequence of one man being subject to the will and pleasure of another man occurring, he was separated from this last wife and child, and brought into this country, where he remained a slave." Can any, whose mind is not rendered quite obdurate by the love of wealth, hear these relations, without being deeply touched with sympathy and sorrow? And doubtless the case of many, very many of these afflicted people, upon enquiry, would be found to be attended with circumstances equally tragical and aggravating. And if we enquire of those Negroes, who were brought away from their native country when children, we shall find most of them to have been stolen away, when abroad from their parents, on the roads, in the woods, or watching their corn-fields. Now, you that have studied the book of conscience, and you that are learned in the law, what will you say to such deplorable cases? When, and how, have these oppressed people forfeited their liberty? Does not justice loudly call for its being restored to them? Have they not the same right to demand it, as any of us should have, if we had been violently snatched by pirates from our native land? Is it not the duty of every dispenser of justice, who is not forgetful of his own humanity, to remember that these are men, and to declare them free? Where instances of such cruelty frequently occur, and are neither enquired into, nor redressed, by those whose duty it is _to seek judgment, and relieve the oppressed_, Isaiah i. 17. what can be expected, but that the groans and cries of these sufferers will reach Heaven; and what shall we do _when God riseth up? and when he visiteth_, what will ye answer him? _Did not he that made them, make us; and did not one fashion us in the womb_? Job xxxi. 14.

CHAP XIV.

The expediency of a general freedom being granted to the Negroes considered. _Reasons_ why it might be productive of advantage and _safety to the Colonies_.

It is scarce to be doubted, but that the foregoing accounts will beget in the heart of the considerate readers an earnest desire to see a stop put to this complicated evil, but the objection with many is, What shall be done with those Negroes already imported, and born in our families? Must they be sent to Africa? That would be to expose them, in a strange land, to greater difficulties than many of them labour under at present. To let them suddenly free here, would be perhaps attended with no less difficulty; for, undiciplined as they are in religion and virtue, they might give a loose to those evil habits, which the fear of a master would have restrained. These are objections, which weigh with many well disposed people, and it must be granted, these are difficulties in the way; nor can any general change be made, or reformation effected, without some; but the difficulties are not so great but that they may be surmounted. If the government was so considerate of the iniquity and danger attending on this practice, as to be willing to seek a remedy, doubtless the Almighty would bless this good intention, and such methods would be thought of, as would not only put an end to the unjust oppression of the Negroes, but might bring them under regulations, that would enable them to become profitable members of society; for the furtherance of which, the following proposals are offered to consideration: That all farther importation of slaves be absolutely prohibited; and as to those born among us, after serving so long as may appear to be equitable, let them by law be declared free. Let every one, thus set free, be enrolled in the county courts, and be obliged to be a resident, during a certain number of years, within the said county, under the care of the overseers of the poor. Thus being, in some sort, still under the direction of governors, and the notice of those who were formerly acquainted with them, they would be obliged to act the more circumspectly, and make proper use of their liberty, and their children would have an opportunity of obtaining such instructions, as are necessary to the common occasions of life; and thus both parents and children might gradually become useful members of the community. And further, where the nature of the country would permit, as certainly the uncultivated condition of our southern and most western colonies easily would, suppose a small tract of land were assigned to every Negroe family, and they obliged to live upon and improve it, (when not hired out to work for the white people) this would encourage them to exert their abilities, and become industrious subjects. Hence, both planters and tradesmen would be plentifully supplied with chearful and willing-minded labourers, much vacant land would be cultivated, the produce of the country be justly increased, the taxes for the support of government lessened to individuals, by the increase of taxables, and the Negroes, instead of being an object of terror,[A] as they certainly must be to the governments where their numbers are great, would become interested in their safety and welfare.

[Footnote A: The hard usage the Negroes meet with in the plantations, and the great disproportion between them and the white people, will always be a just cause of terror. In Jamaica, and some parts of South-Carolina, it is supposed that there are fifteen blacks to one white.]

CHAP. XV.

Answer to a mistaken opinion, that the warmth of the climate in the West-Indies, will not permit white people to labour there. No complaint of disability in the whites, in that respect, in the settlement of the islands. Idleness and diseases prevailed, as the use of slaves increased. _The great_ advantage which might accrue to the British nation, if the slave trade was entirely laid aside, and a fair and friendly commerce established through the whole coast of Africa.

It is frequently offered as an argument, in vindication of the use of Negroe slaves, that the warmth of the climate in the West Indies will not permit white people to labour in the culture of the land: but upon an acquaintance with the nature of the climate, and its effects upon such labouring white people, as are prudent and moderate in labour, and the use of spirituous liquors, this will be found to be a mistaken opinion. Those islands were, at first, wholly cultivated by white men; the encouragement they then met with, for a long course of years, was such as occasioned a great increase of people. Richard Ligon, in his history of Barbadoes, where he resided from the year 1647 to 1650, about 24 years after his first settlement, writes, "that there were then fifty thousand souls on that island, besides Negroes; and that though the weather was very hot, yet not so scalding but that servants, both christians and slaves, laboured ten hours a day." By other accounts we gather, that the white people have since decreased to less than one half the number which was there at that time; and by relations of the first settlements of the other islands, we do not meet with any complaints of unfitness in the white people for labour there, before slaves were introduced. The island of Hispaniola, which is one of the largest of those islands, was at first planted by the Buccaneers, a set of hardy laborious men, who continued so for a long course of years; till following the example of their neighbours, in the purchase and use of Negroe slaves, idleness and excess prevailing, debility and disease naturally succeeded, and have ever since continued. If, under proper regulations, liberty was proclaimed through the colonies, the Negroes, from dangerous, grudging, half-fed slaves, might become able, willing-minded labourers. And if there was not a sufficient number of these to do the necessary work, a competent number of labouring people might be procured from Europe, which affords numbers of poor distressed objects, who, if not overlooked, with proper usage, might, in several respects, better answer every good purpose in performing the necessary labour in the islands, than the slaves now do.

A farther considerable advantage might accrue to the British nation in general, if the slave trade was laid aside, by the cultivation of a fair, friendly, and humane commerce with the Africans; without which, it is not possible the inland trade of that country should ever be extended to the degree it is capable of; for while the spirit of butchery and making slaves of each other, is promoted by the Europeans amongst the Negroes, no mutual confidence can take place; nor will the Europeans be able to travel with safety into the heart of their country, to form and cement such commercial friendships and alliances, as might be necessary to introduce the arts and sciences amongst them, and engage their attention to instruction in the principles of the christian religion, which is the only sure foundation of every social virtue. Africa has about ten thousand miles of sea coast, and extends in depth near three thousand miles from east to west, and as much from north to south, stored with vast treasures of materials, necessary for the trade and manufactures of Great-Britain; and from its climate, and the fruitfulness of its soil, capable, under proper management, of producing in the greatest plenty, most of the commodities which are imported into Europe from those parts of America subject to the English government;[A] and as, in return, they would take our manufactures, the advantages of this trade would soon become so great, that it is evident this subject merits the regard and attention of the government.

[Footnote A: See note, page 109.]

EXTRACT

FROM A

REPRESENTATION

OF THE

INJUSTICE

AND

DANGEROUS TENDENCY

OF TOLERATING

SLAVERY;

OR

Admitting the least CLAIM of private Property in the Persons of Men in _England_.

By GRANVILLE SHARP.

FIRST PRINTED IN LONDON.

MDCCLXIX.

CONTENTS.

_The occasion of this Treatise. All Persons during their residence in_ Great Britain _are subjects; and as such, bound to the laws, and under the Kings protection. By the English laws, no man, of what condition soever, to be imprisoned, or any way deprived of his_ LIBERTY, _without a legal process. The danger of_ Slavery _taking place in England. Prevails in the Northern Colonies, notwithstanding the people's plea in favour of_ Liberty. _Advertisements in the New-York Journal for the sale of_ SLAVES. _Advertisements to the same purpose in the public prints in England. The danger of confining any person without a legal warrant. Instances of that nature. Note, Extract of several American laws, Reflexions thereon._

EXTRACT, &C.

Some persons respectable in the law, having given it as their opinion, "_That a slave, by coming from the West Indies to Great Britain or Ireland, either with or without his master, doth not become free, or that his master's property or right in him is not thereby determined or varied;--and that the master may legally compel him to return again to the plantations_,"--this causes our author to remark, that these lawyers, by thus stating the case merely on one side of the question, (I mean in favour of the master) have occasioned an unjust presumption and prejudice, plainly inconsistent with the laws of the realm, and against the other side of the question; as they have not signified that their opinion was only conditional, and not absolute, and must be understood on the part of the master, "_That he can produce an authentic agreement or contract in writing, by which it shall appear, that the said slave hath voluntarily bound himself, without compulsion or illegal duress_."

Page 5. Indeed there are many instances of persons being freed from slavery by the laws of England, but (God be thanked) there is neither law, nor even a precedent, (at least I have not been able to find one) of a legal determination to justify a master in claiming or detaining any person whatsoever as a slave in England, who has not voluntarily bound himself as such by a contract in writing.

Page 20. An English subject cannot be made a slave without his own free consent: but--a foreign slave is made a subject with or without his own consent: there needs no contract for this purpose, as in the other case; nor any other act or deed whatsoever, but that of his being landed in England; For according to statute 32d of Henry VIII. c. 16. Sect. 9. "_Every alien or stranger born out of the King's obeisance, not being denizen, which now or hereafter shall come into this realm, or elsewhere within the King's dominions, shall, after the said first of September next coming, be bounden by and unto the laws and statutes of this realm, and to all and singular the contents of the same._"

Now it must be observed, that this law makes no distinction of _bond or free_, neither of colours or complexions, whether of _black, brown_, or _white_; for "_every alien or stranger_ (without exception) _are bounden by and unto the law_, &c."

This binding, or obligation, is properly expressed by the English word _ligeance, (à ligando_) which may be either perpetual or temporary. Wood, b. I. c. 3. p. 37. But one of these is indispensably due to the Sovereign from all ranks and conditions of people; their being bounden unto the laws, (upon which the Sovereign's right is founded) expresses and implies this subjection to the laws; and therefore to alledge, that an alien is not a subject, because he is in bondage, is not only a plea without foundation, but a contradiction in terms; for every person who, in any respect, is in subjection to the laws, must undoubtedly be a subject.

I come now to the main point--"_That every man, woman, or child, that now is, or hereafter shall be, an inhabitant or resiant of this kingdom of England, dominion of Wales, or town of Berwick upon Tweed,_" is, in some respect or other, the _King's subject_, and, as such, is absolutely secure in his or her _personal liberty_, by virtue of a statute, 31st Car. II. ch. 11. and particularly by the 12th Sect. of the same, wherein subjects of all conditions are plainly included.

This act is expressly intended for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas. It contains no distinction of "_natural born, naturalized, denizen, or alien subject; nor of white or black, freemen, or even of bond-men_," (except in the case already mentioned _of a contract in writing_, by which it shall appear, _that the said slave has voluntarily bound himself, without compulsion or illegal duress_, allowed by the 13th Sect. and the exception likewise in the 14th Sect. concerning felons) but they are all included under the general titles of "_the subject, any of the said subjects, every such person_" &c. Now the definition of the word "_person_," in its relative or civil capacity (according to Wood. b. I. c. 11. p. 27.) _is either the King, or a subject_. These are the _only capital distinctions_ that can be made, tho' the latter consists of a variety of denominations and degrees.

But if I were even to allow, that a _Negroe slave_ is not a subject, (though I think I have clearly proved that he is) yet it is plain that such an one ought not to be denied the benefit of the King's court, unless the slave-holder shall be able to prove likewise that he is not, a _Man_; because _every man_ may be _free_ to sue for, and _defend his right in our courts_, says a stat. 20th Edw. III. c. 4. and elsewhere, according to law. And _no man, of what estate or condition_ that he be, (here can be no exception whatsoever) _shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law_. 28th Edw. III, c. 3, _No man_ therefore, _of what estate or condition that he be_, can lawfully be detained in England _as a slave_; because we have no law whereby a man _may be_ condemned to _slavery_ without his own consent, (for even convicted felons must "_in open court pray to transported_.") (See Habeas Corpus act, Sect. 14.) and therefore there cannot be any "_due process of the law_" tending to so base a purpose. It follows therefore, that every man, who presumes to detain _any person_ whatsoever as a slave, otherwise than by virtue of a written contract, acts manifestly without "_due process of the law_," and consequently is liable to the slave's "_action of false imprisonment_," because "_every man may be free to sue_," &c. so that the slave-holder cannot avail himself of his imaginary _property_, either by the assistance of the common law, or of a court of equity, (_except it appears that the said slave has voluntarily bound himself, without compulsion or illegal duress_) for in both his suit will certainly appear both unjust and indefensible. The former cannot assist him, because the statute law at present is so far from supposing any man in a state of slavery, that it cannot even permit such a state, except in the two cases mentioned in the 13th and 14th Section of the Habeas Corpus act; and the courts of equity likewise must necessarily decide against him, because his mere mercenary plea of _private property_ cannot equitably, in a case between _man and man_, stand in competition with that _superior property_ which every man must necessarily be allowed to have in his own _proper person_.

How then is the slave-holder to secure what he esteems his _property?_ Perhaps he will endeavour clandestinely to seize the supposed slave, in order to transport him (with or without _his consent_) to the colonies, where such property is allowed: but let him take care what he does, the very attempt is punishable; and even the making over his property to another for that purpose, renders him equally liable to the severe penalties of the law, for a bill of sale may certainly be included under the terms expressed in the Habeas Corpus act, 12th Sect. viz. "_Any warrant or writing for such commitment, detainer, imprisonment, or transportation," &c._ It is also dangerous for a counsellor, or any other person _to advise_ (see the act "shall be advising") such proceedings, by saying, "_That a master may legally compel him_ (the slave) _to return again to the plantations_." Likewise an attorney, notary-public, or any other person, who shall presume to draw up, negotiate, of even to witness a bill of sale, or other instrument for such commitment, &c. offends equally against the law, because "_All, or any person or persons, that shall frame, contrive, write, seal, or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation; or shall be advising, aiding, or assisting in the same, or any of them_," are liable to all the penalties of the act. "_And the plaintiff, in every such action, shall have judgment to recover his treble costs, besides damages; which damages so to be given shall not be less than five hundred pounds_;" so that the injured may have ample satisfaction for their sufferings: and even a judge may not direct or instruct a jury contrary to this statute, whatever his private opinion may be concerning property in slaves; because _no order or command, nor no injunction_, is allowed to interfere with this _golden act of liberty_.

--I have before observed, that the general term, "_every alien_," includes _all strangers whatsoever_, and renders them _subject_ to the King, and the laws, during their residence in this kingdom; and this is certainly true, whether the aliens be Turks, Moors, Arabians, Tartars, or even savages, from any part of the world.--Men are rendered obnoxious to the laws by their offences, and not by the particular denomination of their rank, order, parentage, colour, or country; and therefore, though we should suppose that any particular body of people whatsoever were not known, or had in consideration by the legislature at the different times when the severe penal laws were made, yet no man can reasonably conceive, that such men are exempted on this account from the penalties of the said laws, when legally convicted of having offended against them.

Laws calculated for the moral purpose of preventing oppression, are likewise usually supposed to be everlasting, and to make up a part of our happy constitution; for which reason, though the kind of oppression to be guarded against, and the penalties for offenders, are minutely described therein, yet the persons to be protected are comprehended in terms as general as possible; that "_no person who now is, or hereafter shall be, an inhabitant or resiant in this kingdom_," (see Habeas Corpus act, Sect. 12th) may seem to be excluded from protection. The general terms of the several statutes before cited, are so full and clear, that they admit of no exception whatsoever; for all persons (Negroes as well as others) must be included in the terms "the subject;"--"_no subject of this realm that now is, or hereafter shall be, an inhabitant, &c. any subject; every such person_;" see Habeas Corpus act. Also _every man_ may be _free_ to sue, &c. 20th Edward III. cap. 4. and _no man, of what estate or condition that he be_, shall be taken or imprisoned, &c. True justice makes no respect of persons, and can never deny, to any one that blessing to which all mankind have an undoubted right, their _natural liberty_: though the law makes no mention of Negroe slaves, yet this is no just argument for excluding them from the general protection of our happy constitution.

Neither can the objection, that Negroe slaves were not "had in consideration or contemplation," when these laws were made, prove any thing against them; but, on the contrary, much in their favour; for both these circumstances are strong presumptive proofs, that the practice of importing slaves into this kingdom, and retaining them as such, is an innovation entirely foreign to the spirit and intention of the laws now in force.

--Page 79. A toleration of slavery is, in effect, a toleration of inhumanity; for there are wretches in the world who make no scruple to gain, by wearing out their slaves with continual labour, and a scanty allowance, before they have lived out half their natural days. It is notorious, that this is too often the case in the unhappy countries where slavery is tolerated.

See the account of the European settlements in America, Part VI. Chap. 11. concerning the "_misery of the Negroes, great waste of them_," &c. which informs us not only of a most scandalous profanation of the Lord's day, but also of another abomination, which must be infinitely more heinous in the sight of God, viz. oppression carried to such excess, as to be even destructive of the human species.

At present, the inhumanity of constrained labour in excess, extends no farther in England than to our beasts, as post and hackney-horses, sand-asses, &c.

But thanks to our laws, and not to the general good disposition of masters, that it is so; for the wretch who is bad enough to maltreat a helpless beast, would not spare his fellow man if he had him as much in his power.

The maintenance of civil liberty is therefore absolutely necessary to prevent an increase of our national guilt, by the addition of the horrid crime of tyranny.--Notwithstanding that the plea of necessity cannot here be urged, yet this is no reason why an increase of the practice is not to be feared.

Our North American colonies afford us a melancholy instance to the contrary; for though the climate in general is so wholesome and temperate, that it will not authorise this plea of necessity for the employment of slaves, any more than our own, yet the pernicious practice of slave-holding is become almost general in those parts. At New-York, for instance, the infringement on civil or domestic liberty is become notorious, notwithstanding the political controversies of the inhabitants in praise of liberty; but no panegyric on this subject (howsoever elegant in itself) can be graceful or edifying from the mouth or pen of one of those provincials, because men who do not scruple to detain others in slavery, have but a very partial and unjust claim to the protection of the laws of liberty; and indeed it too plainly appears that they have no real regard for liberty, farther than their own private interests are concerned; and (consequently) that they have so little detestation of despotism and tyranny, that they do not scruple to exercise them whenever their caprice excites them, or their private interest seems to require an exertion of their power over their miserable slaves.

Every petty planter, who avails himself of the service of slaves, is an arbitrary monarch, or rather a lawless Bashaw in his own territories, notwithstanding that the imaginary freedom of the province wherein he resides, may seem to forbid the observation.

The boasted liberty of our American colonies, therefore, has so little right to that sacred name, that it seems to differ from the arbitrary power of despotic monarchs only in one circumstance, viz. that it is a _many-headed monster of tyranny_, which entirely subverts our most excellent constitution; because liberty and slavery are so opposite to each other, that they cannot subsist in the same community. "_Political liberty (in mild or well regulated governments) makes civil liberty valuable; and whosoever is deprived of the latter, is deprived also of the former_." This observation of the learned Montesquieu, I hope sufficiently justifies my censure of the Americans for their notorious violation of civil liberty;--The New-York Journal, or, The General Advertiser, for Thursday, 22d October, 1767, gives notice by advertisement, of no less than eight different persons who have escaped from slavery, or are put up to public sale for that horrid purpose.

That I may demonstrate the indecency of such proceedings in a free country, I shall take the liberty of laying some of these advertisements before my readers, by way of example.

"_To be SOLD for want of Employment_, A likely strong active Negroe man, of about 24 years of age, this country born, (_N.B._ A natural born subject) understands most of a baker's trade, and a good deal of farming business, and can do all sorts of house-work.--Also a healthy Negroe wench, of about 21 years old, is a tolerable cook, and capable of doing all sorts of house-work, can be well recommended for her honesty and sobriety: she has a female child of nigh three years old, which will be sold with the wench if required, &c." Here is not the least consideration, or scruple of conscience, for the inhumanity of parting the mother and young child. From the stile, one would suppose the advertisement to be of no more importance than if it related merely to the sale of a cow and her calf; and that the cow should be sold with or without her calf, according as the purchaser should require.--But not only Negroes, but even American Indians, are detained in the same abominable slavery in our colonies, though there cannot be any reasonable pretence whatsoever for holding one of these as private property; for even if a written contract should be produced as a voucher in such a case, there would still remain great suspicion, that some undue advantage had been taken of the Indian's ignorance concerning the nature of such a bond.

"_Run away, on Monday the 21st instant, from J----n T----, Esq. of West-Chester county, in the province of New-York_, An Indian slave, named Abraham, he may have changed his name, about 23 years of age, about five feet five inches."

Upon the whole, I think I may with justice conclude, that those advertisements discover a shameless prostitution and infringement on the common and natural rights of mankind--But hold! perhaps the Americans may be able, with too much justice, to retort this severe reflexion, and may refer us to news-papers published even in the free city of London, which contain advertisements not less dishonourable than their own. See advertisement in the Public Ledger of 31st December, 1761.

"_For SALE, A healthy NEGROE GIRL_, aged about fifteen years; speaks good English, works at her needle, washes well, does houshold work, and has had the small-pox. By J.W. &c."

Another advertisement, not long ago, offered a reward for stopping a female slave who had left her mistress in Hatton-garden. And in the Gazetteer of 18th April, 1769, appeared a very extraordinary advertisement with the following title;

"_Horses, Tim Wisky, and black Boy_, To be sold at the Bull and Gate Inn. Holborn, _A very good Tim Wisky_, little the worse for wear, &c." Afterwards, "_A Chesnut Gelding_;" then, "_A very good grey Mare_;" and last of all, (as if of the least consequence) "_A well-made good-tempered black Boy_, he has lately had the small-pox, and will be sold to any gentleman. Enquire as above."

Another advertisement in the same paper, contains a very particular description of a Negroe man, called _Jeremiah_,--and concludes as follows:--"Whoever delivers him to Capt. M---- U----y, on board the Elizabeth, at Prince's Stairs, Rotherhithe, on or before the 31st instant, shall receive thirty guineas reward, or ten guineas for such intelligence as shall enable the Captain, or his master, effectually to secure him. The utmost secrecy may be depended on." It is not on account of shame, that men, who are capable of undertaking the desperate and wicked employment of kidnappers, are supposed to be tempted to such a business, by a promise "_of the utmost secrecy_;" but this must be from a sense of the unlawfulness of the act proposed to them, that they may have less reason to fear a prosecution. And as such a kind of people are supposed to undertake any thing for money, the reward of thirty guineas was tendered at the top of the advertisement, in capital letters. No man can be safe, be he white or black, if temptations to break the laws are so shamefully published in our news-papers.

_A Creole Black boy_ is also offered to sale, in the Daily Advertiser of the same date.

Besides these instances, the Americans may, perhaps, taunt us with the shameful treatment of a poor Negroe servant, who not long ago was put up to sale by public auction, together with the effects of his bankrupt master.--Also, that the prisons of this free city have been frequently prostituted of late, by the tyrannical and dangerous practice of confining Negroes, under the pretence of slavery, though there have been no warrants whatsoever for their commitment.

This circumstance of confining a man without a warrant, has so great a resemblance to the proceedings of a Popish inquisition, that it is but too obvious what dangerous practices such scandalous innovations, if permitted to grow more into use, are liable to introduce. No person can be safe, if wicked and designing men have it in their power, under the pretence of private property as a slave, to throw a man clandestinely, without a warrant, into goal, and to conceal him there, until they can conveniently dispose of him.

A free man may be thus robbed of his liberty, and carried beyond the seas, without having the least opportunity of making his case known; which should teach us how jealous we ought to be of all imprisonments made without the authority, or previous examination, of a civil magistrate.

The distinction of colour will, in a short time, be no protection against such outrages, especially as not only Negroes, but Mulatoes, and even American Indians, (which appears by one of the advertisements before quoted) are retained in slavery in our American colonies; for there are many honest weather-beaten Englishmen, who have as little reason to boast of their complexion as the Indians. And indeed, the more northern Indians have no difference from us in complexion, but such as is occasioned by the climate, or different way of living. The plea of private property, therefore, cannot, by any means, justify a private commitment of any person whatsoever to prison, because of the apparent danger and tendency of such innovation. This dangerous practice of concealing in prison was attempted in the case of Jonathan Strong; for the door-keeper of the P----lt----y C----pt----r (or some person who acted for him) absolutely refused, for two days, to permit this poor injured Negro to be seen or spoke with, though a person went on purpose, both those days, to demand the same.--All laws ought to be founded upon the principle of "_doing as one would be done by_;" and indeed this principle seems to be the very basis of the English constitution; for what precaution could possibly be more effectual for that purpose, than the right we enjoy of being judged by our Peers, creditable persons of the vicinage; especially, as we may likewise claim the right of excepting against any particular juryman, who might be suspected of partiality.

This law breathes the pure spirit of liberty, equity, and social love; being calculated to maintain that consideration and mutual regard which one person ought to have for another, howsoever unequal in rank or station.

But when any part of the community, under the pretence of private property, is deprived of this common privilege, it is a violation of civil liberty, which is entirely inconsistent with the social principles of a free state.

True liberty protects the labourer as well as his Lord; preserves the dignity of human nature, and seldom fails to render a province rich and populous; whereas, on the other hand, a toleration of slavery is the highest breach of social virtue, and not only tends to depopulation, but too often renders the minds of both masters and slaves utterly depraved and inhuman, by the hateful extremes of exaltation and depression.