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resisted." If this be a concession, these gentlemen are welcome to it. I do not believe it will avail them. I rejoice that America resisted with success, because it was a triumph of unquestionable right over outrageous wrong, of courage and virtue over tyranny and force;-because the issue of that contest has provided a refuge and left us an asylum, when existence in Europe, perhaps even in England can no longer be endured. The nations, crushed by taxes for the support of powers that oppress, or of wars that destroy them, have still the consolation of knowing that peace, and freedom, and plenty, are to be found in America, and that there is still a country in the world, where every man enjoys in security the fruits of his industry, and the produce of bis labour. Who is there, who can pronounce with certainty that a period is not approaching, when no other refuge may be left us?-On what ground did the Americans first dispute the general legis

parliament to make laws for every part of the British empire, where it has not been formally relinquished, is not, in prudence, to be used on ordinary occasions, when the subordinate powers of legislation can act with equal effect in their several departments. It is a right reserved for great emergencies. To say that it ought to be reserved, is to acknowledge that it exists. Without evident necessity, I would neither urge the case nor agitate the right. Occasions vary, and prudence must be consulted. But rights are not given to lie dormant for ever. They have relative duties attached to them. According to the occasion, the right is to be exercised, and the duty to be performed. Necessity alone, if the thing must be done, and if there be no alternative, conveys a right, or stands in the place of it, to act for the general welfare or for the public safety. I shall show you hereafter how little is to be expected, on this subject from the power, even if it concurred with the disposition of the co-lative authority of the mother country? lonial assemblies, and that, by their means, a real and effective alteration in the condition of the negroes can never be accomplished. But I have first another argument to maintain, and better ground to stand on. In a former debate, the example of America was held out to deter us from acts, which might alienate the West India islands, and drive them to look elsewhere for protection, if not to resistance. At that time, nothing was in question but the abolition of the slave trade. This night you may be sure of hearing the same argument repeated, or rather of seeing the same weapon uplifted to awe your deliberations. Let the question be what it may, they are equally ready with it. If the West India islands would not submit to abolition, how will they endure the interposition of the legislature in any thing that touches their internal government? Such is the language of Englishmen, sitting among us, to the legislative authority of their country. Let us see, with what reason they resort to the example of America. I am as ready to appeal to it as they are. I know where that fatal question originated. No part of the argument, which divided this country on the merits of the stamp act, or of the events, which followed it, have escaped me. With all those transactions in my view, I declare now, on the principles and in the language of lord Chatham, that I rejoice that America

Did they assert that a British parliament had no right to bind or to regulate a British colony by its laws, in any case whatsoever? Did they ever maintain a proposition so absurd and so monstrous as that protection gave no claim to obedience, that those duties were not reciprocal; that a nation sub tutelâ owed no submission to the tutelary power by which it was protected, that the ward owed nothing to the guardian, the pupil to the tutor, the child to the parent;-that such offices were nominal, and gave no right to act even for the benefit of the pretended objects of their care? No, Sir; America had too much wisdom for herself, as well as too hearty an attachment to England, to hold such foolish language, or to maintain such dangerous doctrines. See how she has lately acted to some refractory dependencies of her own. The moment such principles prevail, there is an end of all unity of government in the world. In an extended empire, every distant province may set up for itself. Every one of your islands may be an independent state. If I aimed at their destruction they should have my consent to be

So.

You would soon see them at your feet with supplication to you to resume your station, and never to relinquish your authority over them. That authority was not disputed by America, until it was extended to purposes unconnected with general regulation, and exercised on prin

ciples, which, if once they were admitted, | it is essential to the character and definiJeft no security to the Americans for tion of a tax, that the amount shall be any thing they possessed. The claim, taken from the contributor and applied to which they resisted, was that of direct the service of the crown or of the public. taxation by a House of Commons, in To appropriate and allot an existing fund, which they were not represented. They whether in land or money, is not of itself asserted truly, that taxation and represen- an act of taxation. But, if it were so, tation were inseparable;-that the right what pretence have these gentlemen to grew from the fact, and could not exist appeal to the case or to quote the rights, without it. In private life, the guardian which justified the resistance of America? regulates the conduct, and even disposes Is there any resemblance between the two of the property of the pupil, for his situations? The Americans resisted taxmaintenance, for his service, or for his ation, because they were not represented education. But it does not follow, that in parliament. The folly and injustice of he may take any part of it for his own this country, by persisting in a claim of use or benefit. The first may be a duty; right, which never could have been effecths second would be a robbery. The tually exercised, and which at last was protecting power has a claim to obedience, relinquished, drove the Americans to the not to money. To prevent any farther necessity of asserting much more than their question on this subject, all claim to lay original pretensions amounted to. They taxes on the colonies was formally re- began with petition and remonstrance :nounced in the year 1778. The act of they appealed to the sword, and establishthe 18th of his present majesty, com- ed their destined independence long be monly called governor Johnstone's act, fore its natural and inevitable period, be"declares and enacts, that the king and fore they themselves had forescen or deparliament of Great Britain will not im- sired it. In the fullness of time, and in pose any duty, tax, or assessment what- the maturity of their state, separation soever, payable in the colonies, except and independence must have been the lot such duties as it may be expedient to im- of America. The Herculean infant would pose for the regulations of commerce, the necessarily have burst its cradle, and broBett produce of such duties to be always ken loose from its leading strings. But paid and applied to the use of such colo- then the union of the two countries would nies."-This surrender, on the part of have continued unimpaired. The mutual Great Britain, is specific. All the other relations of kindness and friendship would general rights of the mother country re- not have been dissolved. Affection and main unaltered. The concession, by attachment would have occupied the places which one particular point is given up. of authority and dependence. Between amounts in fact to a re-affirmance of the the case of America and that of the West rest. The question then is, whether the India islands there is no similarity, nor measure I propose, and particularly that are the same consequences possible. Is part of it, by which the planters would it true, in fact, that the property of the be obliged to allot some portion of their West India islands is not represented in land with a cottage to their negroes, be the House of Commons? Of what sort of or be not an act of taxation. I desire to persons does that party consist, which, confine myself to this point at present, be- on the subject of the slave trade, carries cause I do not mean to insist that a pro- every thing before it in this House? Why, vision for the salaries and establishments Sir, it is one of their allegations, when of magistrates, advocates, and commis- it suits their purpose, that the property sioners may not properly be the subject of the islands is vested in Great Briof a different consideration. What I am tain, that is, in the hands of resident now speaking of is the allotment of a share owners, mortgagees, merchants, and crein the usufruct of the estate to the service ditors. They are all on the spot, to reand benefit of the estate itself, and to no present the interests, and to defend the other purpose. Nothing is taken away right of the islands. They, at least, are from the owner, nothing is applied to the the subjects of Great Britain. They, at uses of government. The tenure of the least, may be compelled by the power of villan regardant was in its nature usufruc- parliament. If they are not your subtuary, and was never understood to limit jects, what are they? The Americans, or impair the right of the proprietor to the on the contrary, resided on their own conproperty of the soil. Now I affirm that tinent, at a distance, which made com

munication impracticable, and not only | tion of the strict right of parliament to without representation, but not even in contact, and much less in sympathy with the power that pretended to tax them. The progress of their population had no limits. An unbounded territory expanded to receive it. The Islands have their boundary fixed by nature. The number of their white inhabitants cannot increase beyond a certain point, and must always be inconsiderable in comparison with the negroes and people of colour. Of some superior power, of some protecting dominion, the islands must for ever be the colonies or the dependencies. In the nature of things they never can be independent states. Their representatives in this House talk boldly of separation, and even intimate resistance. I would not drive them to that issue. If they can make out their right, I would never put them to a trial of their strength. Their arguments and their power are pretty much upon a footing. They know that, if they were unconnected with us to-morrow, and if it were possible for them to maintain their independence against France and Ameica, the great market for their produce 8 in the consumption of these kingdoms, and that to this market they must bring it on any terms, which parliament should think fit to prescribe to them.

act legislatively for the general benefit of the West India islands, I know there is another important question to be resolved. Since the different islands have colonial assemblies or inferior parliaments of their own, why do I not prefer some course of application to those assemblies, and try whether all the useful purposes of the bill, which I am endeavouring to recommend to the House of Commons, may not equally be effected through that medium? The question is fair, and I shall answer it frankly. In the face of experience, and against all our knowledge and observation of the principles, character, and proceedings of these assemblies, let us suppose for a moment that a general disposition did really prevail among them to impart to their negroes some share in the natural rights of human creatures, labouring in their service, and a legal security for the possession of them. Within these few years, since questions on this subject have been warmly revived and repeatedly agitated in England, they have had opportunities and incitements enough to indulge their benevolence, and to take the business into their own hands. But neither have they discovered such an inclination, nor do I think it was in their power to have concerted a geI have already intimated, that it is not neral plan, or to have pursued it with ef my intention to propose any thing, that fect. Partial alterations might possibly should really trench on the question of have been attempted in the several islands, taxation, or furnish a pretence to cavil or without system or connexion, according to quarrel with the general views and pur- to the accidental temper or prevailing disposes of the measure. I need not argue cretion of the different assemblies. Some about privileges, which I have no thoughts would have granted less than others. of invading. If the sums required to pay Very little, I believe, would have been the salaries and to support the establish- yielded by any of them. But, were it ments made necessary by this or any other otherwise in point of disposition, their plan, were to be raised in the Islands by number and their distance from each the direct authority of parliament, the other would have made it impossible for objection would then be in its place, and them to deliberate in concert, or finally proper to be considered. That point is to concur in a uniform conclusion. The not in question, and need not be debated. colonies of North America were in conIf the colonial assemblies cannot be pre- tact with each other, and were capable vailed upon, by a recommendation from of acting under one direction, for a gethe crown, or any other means, to pro-neral object. The islands have no union vide for such expenses, the charge must of views, no common bond of interest, to be borne by Great Britain, and may easily engage them to agree in a general resolube assessed upon objects, unquestionably tion; much less have they a union of power within the disposition of parliament. Ito inforce it. So much the more necesam ready, for my part, to contribute to sary is it, that there should be somewhere it, by a perpetual rent charge on my a superior indifferent tribunal, and a bindestate, to a greater amount than can be ing power paramount to them all. No reasonably stated as the just proportion authority, adequate to the purpose, can of any individual. exist but in parliament. If one of the provincial legislatures presided with so

Waving now, Sir, all farther considera

vereignty over the rest, it might possibly be sufficient to form the plan. The dif ficulties of the execution would still be insurmountable. But, let their capacity be what it may, the principal disqualification lies in their rooted aversion to the measure, and in their contempt of the objects of it. Such is the invariable influence of arbitrary capricious power, to vitiate the human mind, to make us hate, when we have injured; and despise, when we have degraded. A great deal, it is said, may be expected from the virtue and prudence of the colonial assemblies. Let us try the value of that expectation by the test of experience. To judge of what they will do, let us see what they have done. I place no confidence in professions, unsupported by conduct. I have examined their laws with care and attention. I have read them with patience, with weariness, and disgust. I do assure you, Sir, it is not easy for an English mind to conceive that such a code as this could be the result of debate and deliberation in a senate of any sort. Their utter ignorance of every rational principle of legislation is only to be paralleled by the unfeeling cruelty that dictates and prevails through all their resolutions. I shall not weary the House with details or recitals from this book. My hon. friend near me (Mr. W. Smith) has kindly undertaken that task, if the House should be disposed to call for it. I believe it will be sufficient, if I give you a sample of the principles, on which these assemblies have proceeded. You may take it safely for a specimen of the whole. First of all, let the personal injury done to a negro, be ever so atrocious, the assemblies have taken special care to make conviction impossible. Suppose that all the negroes on any plantation should jointly and severally attest that the overseer had "maimed, defaced, mutilated, or cruelly tortured" a negro (the common language of these laws), their evidence would avail nothing. The party would be at liberty to purge himself on his oath; that is, they have established impunity by law for crimes, in many cases worse than murder. They talk of conviction perpetually, and of penalties to be attached to it. To deface, to maim, or to mutilate, if by any means the fact can be proved, is to be punished with imprisonment, not exceeding three months, and a fine of 100l. currency, "to be paid into the treasury of the island for the [VOL. XXXII.]

public uses thereof." But in what form, or by what testimony conviction is to be obtained in this or any other instance against a white man, where there is no white evidence, which must generally be the case, is no where specified. White overseers and drivers will not often bear witness against one another. They have a fellow feeling on this subject, or they can easily take care not to act in company. An act passed in Dominica in the year 1788, "for the encouragement, protection, and better government of slaves," I am told, is greatly relied on as a proof of the justice and humanity, which prevail in the islands. This act does certainly admit, that "it is just and proper that the slaves should be protected in their persons from the violence and inhumanity of such white persons and free persons of colour, who may have no lawful authority over them." The admission is important. Observe the date, and then consider what sort and what length of antecedent practice is proved by it. But this act is remedial. I wish it were possible to bring the whole tenor of it into your view. One example will be enough to show you the spirit that runs through it. The 18th clause declares that the inferior crimes of slaves cannot always be conveniently brought before the cognizance of the magistrates, and therefore enacts," that every slave, who shall disobey orders, or who shall be guilty of neglect of duty, or absence from labour, &c. &c. shall be punished, at the discretion of the owner, renter, manager, or overseer, by confinement or flogging on the bare back. provided the number of lashes does not exceed thirtynine." Trial and conviction are avowedly out of the question. But, if the punisher shall inflict any punishment not prescribed by this act,-What then? "shall be subject to a penalty not exceeding 201. current money of the island to be recovered by bill, plaint, or information, in any of his majesty's courts of record!" Who is to complain? Who is to inform?- Suppose he repeats the thirty-nine lashes, after a short interval. That case is not provided for. Most of these lawgivers seem to think it reasonable that, if any violent injury be done to the person of a negro, compensation should be made for it. By an act of St. Vincent's, past in 1767, it is provided that, if any white person shall castrate or dismember any slave (familiar cases) he [3 R]

He

shall, " upon conviction," and if " the prosecution be commenced in one year after the offence, pay double damages and costs to the party grieved." By the 47th clause, if a slave, in pursuit of a runaway, "shall be only maimed or much hurt, proportionable allowance shall be made by the public." Now who do you understand to be the party aggrieved, to whom some compensation and allowance ought to be made?-The maimed or mutilated negro? No, Sir. In the eye of the law, the owner is the only sufferer. He suffers in his property. He loses the labour of his slave. If he be reimbursed, the justice of the island is satisfied. By a law of the Bahama islands, passed in 1784, it is enacted that any person, who shall apprehend a runaway negro, dead or alive, shall be paid twenty pounds. Then comes the trial of the runaway, be fore two magistrates and three freeholders, who, on conviction shall order execution, unless it shall appear to them" that such slave has received such cruel usage from his or her owner, as to have been the cause of his or her running away." Observe that the reward is given for taking dead as well as alive; that is, for shooting a slave, who night have been driven to run away by that cruel usage, which, they say, would save him from punishment if he had been taken alive. Redress, compensation, or protection to the negro is never thought of.

In other islands, the proof of innocence, or freedom is always put upon the accused negro. If he cannot prove affirmatively, that he did not commit the fact, or that he is not a slave, conviction follows of course. The laws of Montserrat take special care of provisions. A negro, who steals any, "to the amount value of twelve pence," shall, upon due proof thereof, before the governor and council, suffer such death as they shall think fit to award! "Again; "If flesh of any sort shall be found in the house of a negro, unless he or she can make it plainly appear they came by it honestly, such negro shall undergo a whipping, and have one of their ears cut off."

I ask pardon of the House for dwelling so long, on such odious examples of deliberate legislative barbarity. It was necessary, in order to show you what sort of legislators you are referred to; into what hands you are to delegate your justice and your mercy, and how fit they are to be trusted. To establish the necessity of a

direct recourse to the power of parliament and the injustice of resorting to any other, one general consideration of the subject remains to be stated, and with that I shall conclude. The population of the islands consists of the many, who are black, and of a few who are white. The few legislate for the many, without their consent or knowledge. The ne groes, I take it, are not represented in the assemblies, whose authority, however, would not have been disputed, if it had been exercised with any tolerable regard to justice, reason, or humanity. The nature of the case requires that there should be somewhere a compulsory power over both parties. The highest attribute of parliament is to compel the guilty and to protect the innocent. The station and the trust are inseparable. Renounce your office, or perform your duty.

With the assistance of a near relation, whose studies I hope will be successful as long as they are directed by generous principles to honourable ends, a bill for the purposes, which I have submitted to the House, is in some degree of forwardness. I am glad I did not foresee the uncommon difficulties that belong to it, and the extent of the labour I was about to undertake. I fear it would have deterred me from attempting to do any thing. Supposing I were at liberty to proceed as I thought fit, my desire would be to have leave to bring in the bill, to read it once, to have it printed, and to let it lie over till the ensuing session. Even they, who might wish to promote the objects of the bill by other means, would find some advantage, I hope, from having it before them. They might take the materials, and make a better use of them. Though I should not have a seat in parliament, I shall be ready to devote my time and my labour to assist any man, who will undertake to prosecute the measure.

With this act I am content to close my parliamentary life. I set out with a fixed principle, and have adhered to it faithfully, without looking to the right or left for advantages. I am not conscious of having pursued any interest at the expense of any duty. I saw my way, and I knew where it would lead me. For profit or preferment I should have taken another course. For honour and happiness I shall not think that I have lived in vain, if, at the period of my existence, I should be able to look back, as I do in this place, to a life of unrewarded service, and to end it

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