'CONSOLIDATED SLAVE LAW,

Passed the 22d December, 1826,

Commencing on the 1st May, 1827.

WITH

A COMMENTARY,

(SHEWING THE DIFFERENCE BETWEEN THE NEW LAW AND THE REPEALED ENACTMENTS,)

MARGINAL NOTES,

And a copious Ender.

SECOND EDITION,

CAREFULLY COMPARED WITH THE ORIGINAL

PUBLISHED

BY THE COURANT OFFICE.

PREFACE*

TO THE

SECOND EDITION.

THE demand for this law has occasioned the publication of a second edition, in which any typographical errors which may have escaped in the last have been corrected. It has been attentively compared with the original, therefore its accuracy may be relied on.

In this edition, all the new clauses are pointed out by marginal notes, and the amendments to former enactments are printed in Italics. Those clauses of laws repealed by the new Act, but incorporated in it, are also distinguished.

Besides the Acts thus incorporated, there are several which relate to saves and not included in the new enactments; such are: the Acts by which Curates are established, and providing for the religious instruction of slaves-the Act to amend the law relative to Coroners, which passed in 1817, inflicting a penalty on owners, &c. who neglect to inform the Coroner of the sudden death of any of their slaves, and directing the Coroner to proceed in such cases, as in like instances of the deaths of white and free persons.

The enactments incorporated are

57 Geo. 3. chap. 25, commonly called the Consolidated Slave Law, all the beneficial provisions of which are embodied in the new law, as is stated explicitly in the succeeding commentary.

2 Geo. 4. chap. 16, enacted to prevent sentence of death on slaves being carried into effect without the Governor's warrant, excepting in cases of rebellion. There is an amendment to this law thus consolidated, (as stated in the commentary) relative to transportation.

3 Geo. chap. 21, requiring slaves to be properly clothed, and prohibiting slaves being employed on Sundays, without their owner's consent.

4 Geo. 4. chap. 15, declaratory, that rape of a slave is a felony, without benefit of clergy.

5 Geo. 4. chap. 21, enacted to enable persons having only a limited or incumbered freehold interest in slaves to manumise them. This law as consolidated, includes tenants for life, mortgagees, &c. and by an amendment sent down by the Council, an extension is made to the cases of feme-coverts and minors; at the same time permitting the consideration money to be vested in the purchase of other slaves subject to the like limitations and incumbrances.

5 Geo. 4. chap. 22, prohibiting levies of slaves on Saturdays, so that they may not be impeded going to market.

6 Geo. 4. chap. 19, enabling slaves to receive bequests.

The principal alterations in the slave law, are first the admission of slaves to give evidence against all free persons, (which capability Montesquieu says, is incompatible

*This Preface is extracted from the edition of the Slave Law published by Mr. Lunan, and the manner adopted by him of noticing amendments, by printing them in the context in italics, has also been followed.

These elucidations with the Commentary and Notes 'we previously published, and which also accompany this second edition, will enable any person at all interested in the legislation of this Colony with regard to slaves, perfectly to understand the subject.

with a state of slavery:)* an entire new mode of trying slaves: the abolition of Sunday markets in a manner analogous to the English practice: ncouragement of marriage : the recognition and protection ofthe right of slaves to personal pr. perty—a right long sanctioned and made sacred by usage: the entire prohibition of branding slaves: the limitation of punishment; the maintenance of old infirm slaves: ciauses to prevent or deteet and punish the harbouring of slaves, or enabling them to avoid apprehension by means of forged tickets: to punish gambling: to remove clerks of the peace for malfeazance or incapacity; to provide for the case when slaves cannot be transported, by confining them in the workhouse: to provide for the release of such as have been sentenced to the workhouse for life, but have correctly behaved themselves for three years; to prevent preaching in the night time to slaves, except in licensed places until 8 P. M.: to prevent money contributions being raised by preachers from the slaves: making an advertisement in the County papers, sufficient notice of a trial where the owner of a slave charged with any offence cannot be found; and several other modification and amendments pointed out in the annexed comment.

Those clauses in the consolidated slave law of 1817, which prohibited slaves from possessing horses, &c., and these giving premiums to the mothers of children, the nurses and midwives, are not re-enacted.

The premium for the birth of children is not continued, because it practically proved to be a source of jealousy and ill-will amongst the slaves on a property; the mother who had lost her child before the age, when the premium was received, envying her more fortunate fellow servant, and in many cases inducing abortions.

The amendments to re-enacted clauses of the law of 1817, and the general nature of the new law are explicitly stated in the following commentary.They are shortly as follow:

"Clergymen to baptize and marry without fee or reward; instead of a general penalty of £50 for neglect in clothing, a penalty is inflicted of £5 for each slave not properly clothed, to be recovered in a summary manner; allowance in money or provisions enforced where there are no negro grounds; authorising the sale of diseased slaves, (in custody of the marshalls, and maintained at the public expence,)should they recover; to keep separate from runaways, or criminals, slaves committed to workhouses on complaints of ill treatment, until enquiry can be made; persons fined for improper punishments may be committed to gaol in default of payment; the punishment of death for attempting to depart the island, or for compassing or imagining the death of a white person, abolished; the hours of amusement ext‹ nded from ten to twelve at night; and maknig it the duty ot rectors and curat s to attend criminals under sentence of death."

66

By enumerating the above important improvements to the Slave Code of this island, which have taken place in so short a period, all doubt must be removed of the sincere disposition of its inhabitants to grant every indulgence to the slave which can be conceded with safety, or which may be consistent with that indispensible coercion necessary to enforce all human labour, where no apprehension exists of the want of the necessaries of life, which the owner is by law obliged to supply. In the same manner does the nation provide for soldiers, and if from them is removed the dread of punishment, what would become of that discipline which has rendered them the bulwark of the state? The poor peasant, in England, if he will not work, is dismissed with his family to starvation by cold and hunger, of which many of them miserably perish; and, too often, when he is willing to work, from the want of employment, he suffers the same melancholy fate."

* This admission is restricted to slaves who are baptised, except if white or free persons associate themselves in crimes with slaves, when the evidence of their accomplices; whether baptised or not, is valid against them. This degradation of a free accomplice of slaves is taken from the Trinidad order in Council, and was proposed by Mr. Lunan.

+ The removal of the trials of slaves from the Courts, commonly called Slave Courts, and putting them under the jurisdiction of the Courts of Quarter Sessions, thereby giving them the banefit of a Grand Jury, and directing the appointment of persons to defend them, is an alteration in the Laws, which we think far transcends any other.

COMMENTARY

ON THE

NEW SLAVE LAW,

(1) This clause repeals several enactments, but the effect of these repealed laws, with several beneficial extensions are consolidated in the subsequent clauses of this law. The alterations will be pointed out in notes as the reader proceeds.

(2) The second clause of the new slave law declares the act (25 Geo. 3, cap. 8.) still in force. This act prevents “slaves standing charged with any crime or offence from availing themselves on their trials of manumissions granted them after the commission of the crime or offence with which they stand so charged."

(3) This clause was the second in the former consolidated slave law, and only differs from it by directing baptisms to be without fee or reward.

(4) This clause merely enacts, that the marriages of slaves shall be without fee, and by their owner's consent.

(5) This clause only consolidates the 9th section of 8 Geo. 2, cap. 5, which enacts that families of slaves levied on are not to be separated.

(6) Abolishes Sunday markets after 11 a. m. excepting in cases of druggists, and a few other exceptions enumerated in the clause. This provision is new, and in conformity with the spirit of the laws of England relative to the Sabbath.

(7) Prohibits levies of slaves on Saturdays, in order to enable them to attend religious duties on Sundays. This clause is only a consolidation of 5 Ges. 4, cap. 22.

(8) Directs that slaves shall have one day in every fortnight, except in crop time, but at least twenty-six days in the year to cultivate their grounds, exclusive of Sundays, under a penalty of £20 on the overseer, &c. This clause is similar to the 4 of the repealed consolidated slave law of 1816.

(9) Prohibits persons from employing the slaves of others, and is a re-enactment of the 4 clause of 3 Geo. 4, cap. 21.

(10) Directs that slaves shall not be compelled to work on Sundays, even in crop time. This is further than the Berbice order in council goes, for that allows potting of sugar, and any other necessary work on that day. This clause also prohibits the mill from being put about from 7 p.m. on Saturday to 5 a, m. on Monday. It is a re-enactment of the 5 clause of the repealed law of 1816.

(11) Requires the slaves to be furnished with grounds or weekly allowance of 3s 4d. It re-enacts the 6 clause of the law of 1816.

(12) Requires that the slaves shall have proper clothing. It differs from the 7 clause of the repealed law of 1816 by making the penalty of £5 for each slave neglected to be clothed, in place of a general penalty of £100, and makes it recoverable summarily before three justices.

(13) Requires the owner or overseer, &c. on 8th Marek in each year after, 1827, to,