The Portable Edmund Burke (Portable Library) (37 page)

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It suggests melancholy reflections, in consequence of the strange course we have long held, that we are now no longer quarrelling about the character, or about the conduct of men, or the tenor of measures, but we are grown out of humor with the English Constitution itself: this is become the object of the animosity of Englishmen. This Constitution in former days used to be the admiration and the envy of the world: it was the pattern for politicians, the theme of the eloquent, the meditation of the philosopher, in every part of the world. As to Englishmen, it was their pride, their consolation. By it they lived, for it they were ready to die. Its defects, if it had any, were partly covered by partiality, and partly borne by prudence. Now all its excellencies are forgot, its faults are now forcibly dragged into day, exaggerated by every artifice of representation. It is despised and rejected of men, and every device and invention of ingenuity or idleness set up in opposition or in preference to it. It is to this humor, and it is to the measures growing out of it, that I set myself (I hope not alone) in the most determined opposition. Never before did we at any time in this country meet upon the theory of our frame of government, to sit in judgment on the Constitution of our country, to call it as a delinquent before us, and to accuse it of every defect and every vice,—to see whether it, an object of our veneration, even our adoration, did or did not accord with a preconceived scheme in the minds of certain gentlemen. Cast your eyes on the journals of Parliament. It is for fear of losing the inestimable treasure we have that I do not venture to game it out of my hands for the vain hope of improving it. I look with filial reverence on the Constitution of my country, and never will cut it in pieces, and put it into the kettle of any magician, in order to boil it, with the puddle of their compounds, into youth and vigor. On the contrary, I will drive away such pretenders; I will nurse its venerable age, and with lenient arts extend a parent’s breath.
Sketch of a Negro Code
Burke opposed, on moral and religious grounds, the slave trade and slavery itself. In 1792 he drafted a code for Henry Dundas, one of the king’s principal secretaries of state. It is striking in its humane sentiments and in its envisioning a gradual emancipation of West Indian slaves.
 
DEAR SIR,
I should have been punctual in sending you the sketch I promised of my old African Code, if some friends from London had not come in upon me last Saturday, and engaged me till noon this day; I send this pacquet by one of them, who is still here. If what I send be, as under present circumstances it must be, imperfect, you will excuse it, as being done near twelve years ago. About four years since I made an abstract of it, upon which I cannot at present lay my hands; but I hope the marginal heads will in some measure supply it.
If the African trade could be considered with regard to itself only, and as a single object, I should think the utter abolition to be, on the whole, more advisable than any scheme of regulation and reform. Rather than suffer it to continue as it is, I heartily wish it at an end. What has been lately done has been done by a popular spirit, which seldom calls for, and indeed very rarely relishes, a system made up of a great variety of parts, and which is to operate its effect in a great length of time. The people like short methods; the consequences of which they sometimes have reason to repent of. Abolition is but a single act. To prove the nature of the trade, and to expose it properly, required, indeed, a vast collection of materials, which have been laboriously collected, and compiled with great judgment. It required also much perseverance and address to excite the spirit which has been excited without-doors, and which has carried it through. The greatest eloquence ever displayed in the House has been employed to second the efforts which have been made abroad. All this, however, leads but to one single resolve. When this was done, all was done. I speak of absolute and immediate abolition, the point which the first motions went to, and which is in effect still pressed; though in this session, according to order, it cannot take effect. A remote and a gradual abolition, though they may be connected, are not the same thing. The idea of the House seems to me, if I rightly comprehend it, that the two things are to be combined; that is to say, that the trade is gradually to decline, and to cease entirely at a determinate period. To make the abolition gradual, the regulations must operate as a strong discouragement. But it is much to be feared, that a trade continued and discouraged, and with a sentence of death passed upon it, will perpetuate much ill blood between those who struggle for the abolition, and those who contend for an effectual continuance.
At the time when I formed the plan which I have the honour to transmit to you, an abolition of the slave trade would have appeared a very chimerical project. My plan, therefore, supposes the continued existence of that commerce. Taking for my basis, that I had an incurable evil to deal with, I cast about how I should make it as small an evil as possible, and draw out of it some collateral good.
In turning the matter over in my mind at that time, and since, I never was able to consider the African trade upon a ground disconnected with the employment of negroes in the West Indies, and distinct from their condition in the plantations whereon they serve. I conceived that the true origin of the trade was not in the place it was begun at, but at the place of its final destination. I therefore was, and still am, of opinion, that the whole work ought to be taken up together; and that a gradual abolition of slavery in the West Indies ought to go hand in hand with anything which should be done with regard to its supply from the coast of Africa. I could not trust a cessation of the demand for this supply to the mere operation of any abstract principle, (such as, that if their supply was cut off, the planters would encourage and produce an effectual population,) knowing that nothing can be more uncertain than the operation of general principles, if they are not embodied in specific regulations. I am very apprehensive that so long as the slavery continues some means for its supply will be found. If so, I am persuaded that it is better to allow the evil, in order to correct it, than by endeavouring to forbid, what we cannot be able wholly to prevent, to leave it under an illegal, and therefore an unreformed, existence. It is not, that my plan does not lead to the extinction of the slave trade; but it is through a very slow progress, the chief effect of which is to be operated in our own plantations by rendering, in a length of time, all foreign supply unnecessary. It was my wish, whilst the slavery continued, and the consequent commerce, to take such measures as to civilize the coast of Africa by the trade, which now renders it more barbarous; and to lead by degrees to a more reputable, and, possibly, a more profitable, connexion with it, than we maintain at present.
I am sure that you will consider, as a mark of my confidence in yours and Mr. Pitt’s honour and generosity, that I venture to put into your hands a scheme composed of many and intricate combinations, without a full explanatory preface, or any attendant notes, to point out the principles upon which I proceeded in every regulation, which I have proposed towards the civilization and gradual manumission of negroes in the two hemispheres. I confess, I trust infinitely more (according to the sound principles of those who ever have at any time meliorated the state of mankind) to the effect and influence of religion, than to all the rest of the regulations put together.
Whenever, in my proposed reformation, we take our
point of departure
from a state of slavery, we must precede the donation of freedom by disposing the minds of the objects to a disposition to receive it without danger to themselves or to us. The process of bringing
free
savages to order and civilization is very different. When a state of slavery is that upon which we are to work, the very means which lead to liberty must partake of compulsion. The minds of men being crippled with that restraint can do nothing for themselves; everything must be done for them. The regulations can owe little to consent. Everything must be the creature of power. Hence it is, that regulations must be multiplied; particularly as you have two parties to deal with. The planter you must at once restrain and support; and you must control, at the same time that you ease, the servant. This necessarily makes the work a matter of care, labour, and expense. It becomes in its nature complex. But I think neither the object impracticable nor the expense intolerable; and I am fully convinced that the cause of humanity would be far more benefited by the continuance of the trade and servitude, regulated and reformed, than by the total destruction of both or either. What I propose, however, is but a beginning of a course of measures, which an experience of the effects of the evil and the reform will enable the legislature hereafter to supply and correct....
And whereas the condition of persons in a state of slavery is such, that they are utterly unable to take advantage of any remedy which the laws may provide for their protection, and the amendment of their condition, and have not the proper means of pursuing any process for the same, but are and must be under guardianship: and whereas it is not fitting that they should be under the sole guardianship of their masters, or their attorney and overseers, to whom their grievances, whenever they suffer any, must ordinarily be owing;
1. Be it therefore enacted, that his Majesty’s attorney-general for the time being successively shall, by his office, exercise the trust and employment of protector of negroes within the island, in which he is or shall be attorney-general to his Majesty, his heirs and successors: and that the said attorney-general, protector of negroes, is hereby authorized to hear any complaint on the part of any negro or negroes, and inquire into the same, or to institute an inquiry
ex officio
into any abuses, and to call before him and examine witnesses upon oath, relative to the subject matter of the said official inquiry or complaint; and it is hereby enacted and declared, that the said attorney-general, protector of negroes, is hereby authorized and empowered, at his discretion, to file an information ex
officio
for any offences committed against the provisions of this act, or for any misdemeanours or wrongs against the said negroes, or any of them.
2. And it is further enacted, that in all trials of such informations the said protector of negroes may and is hereby authorized to challenge, peremptorily, a number not exceeding—of the jury, who shall be impanelled to try the charge in the said information contained.
3. And be it enacted, that the said attorney-general, protector of negroes, shall appoint inspectors, not exceeding the number of—, at his discretion; and the said inspectors shall be placed in convenient districts in each island severally, or shall twice in the year make a circuit in the same, according to the direction which they shall receive from the protector of negroes aforesaid; and the inspectors shall, and they are hereby required, twice in the year, to report in writing to the protector aforesaid the state and condition of the negroes in their districts, or on their circuit severally, the number, sex, age, and occupation of the said negroes on each plantation; and the overseer, or chief manager on each plantation, is hereby required to furnish an account thereof, within [ten days] after the demand of the said inspectors, and to permit the inspector or inspectors aforesaid to examine into the same; and the said inspectors shall set forth, in the said report, the distempers to which the negroes are most liable in the several parts of the island.
4. And be it enacted, that the said protector of negroes, by and with the consent of the governor and chief judge of each island, shall form instructions, by which the said inspectors shall discharge their trust in the manner the least capable of exciting any unreasonable hopes in the said negroes, or of weakening the proper authority of the overseer, and shall transmit them to one of his Majesty’s principal secretaries of state; and when sent back with his approbation, the same shall become the rule for the conduct of the said inspectors.
5. And be it enacted, that the said attorney-general, protector of negroes, shall appoint an office for registering all proceedings relative to the duty of his place, as protector of negroes, and shall appoint his chief clerk to be registrar, with a salary not exceeding—.
6. And be it enacted, that no negroes shall be landed for sale in any but the ports following; that is to say,—; and the collector of each of the said ports severally shall, within—days after the arrival of any ship transporting negroes, report the same to the protector of negroes, or to one of his inspectors; and the said protector is hereby authorized and required to examine, or cause to be examined by one of his inspectors, with the assistance of the said collector, or his deputy, and a surgeon to be called in on the occasion, the state of the said ship and negroes; and upon what shall appear to them, the said protector of negroes and the said collector and surgeon, to be a sufficient proof, either as arising from their own inspection, or sufficient information on a summary process, of any contravention of this act, or cruelty to the negroes, or other malversation of the said captain, or any of his officers, the said protector shall impose a fine on him or them, not exceeding—; which shall not, however, weaken or invalidate any penalty growing from the bond of the said master or his owners. And it is hereby provided, that if the said master, or any of his officers, shall find himself aggrieved by the said fine, he may, within—days, appeal to the chief judge, if the court shall be sitting, or to the governor, who shall and are required to hear the said parties, and on hearing are to annul or confirm the same.
7. And be it enacted, that no sale of negroes shall be made but in the presence of an inspector, and all negroes shall be sold severally, or in known and ascertained lots, and not otherwise; and a paper containing the state and description of each negro severally sold, and of each lot, shall be taken and registered in the office aforesaid; and if on inspection or information it shall be found that any negroes shall have, in the same ship, or any other at the same time examined, a wife, a husband, a brother, sister, or child,—the person or persons so related, shall not be sold separately at that or any future sale.
8. And be it enacted, that each and every of his Majesty’s islands and plantations, in which negroes are used in cultivation, shall be, by the governor and the protector of negroes for the time being, divided into districts, allowing as much as convenience will admit to the present division into parishes, and subdividing them, where necessary, into districts, according to the number of negroes. And the said governor and protector of negroes shall cause in each district a church to be built in a convenient place, and a cemetery annexed, and a house for the residence of a clergyman, with—acres of land annexed; and they are hereby authorized to treat for the necessary ground with the proprietor, who is hereby obliged to sell and dispose of the same to the said use; and in case of dispute concerning the value, the same to be settled by a jury as in like cases is accustomed.
9. And be it enacted, that in each of the said districts shall be established a presbyter of the Church of England, as by law established, who shall appoint under him one clerk, who shall be a free negro, when such properly qualified can be found, (otherwise a white man,) with a salary, in each case, of—; and the said minister and clerk, both or one, shall instruct the said negroes in the Church catechism, or such other as shall be provided by the authority in this act named; and the said minister shall baptize, as he shall think fit, all negroes not baptized, and not belonging to the dissenters from the Church of England.
10. And the principal overseer of each plantation is hereby required to deliver annually unto the minister a list of all the negroes upon his plantation, distinguishing their sex and age, and shall, under a penalty of—, cause all the negroes under his care, above the age of—years, to attend divine service once on every Sunday, except in case of sickness, infirmity, or other necessary cause, to be given at the time; and shall, by himself or one of those who are under him, provide for the orderly behaviour of the negroes under him, and cause them to return to his plantation when divine service, or administration of sacraments, or catechism, is ended.
11. And be it enacted, that the minister shall have power to punish any negro for disorderly conduct during divine service, by a punishment not exceeding [ten] blows, to be given in one day, and for one offence, which the overseer, or his under agent or agents, is hereby directed, according to the orders of the said ministers, effectually to inflict, whenever the same shall be ordered.
12. And be it enacted, that no spirituous liquors of any kind shall be sold, except in towns, within—miles distant of any church, nor within any district during divine service, and an hour preceding, and an hour following, the same; and the minister of each parish shall and is hereby authorized to act as a justice of the peace in enforcing the said regulation.
13. And be it enacted, that every minister shall keep a register of births, burials, and marriages of all negroes and mulattoes in his district.
14. And be it enacted, that the ministers of the several districts shall meet annually, on the—day of—, in a synod of the island, to which they belong; and the said synod shall have for its president such person as the bishop of London shall appoint for his commissary; and the said synod or general assembly is hereby authorized, by a majority of voices, to make regulations, which regulations shall be transmitted by the said president or commissary to the bishop of London; and when returned by the bishop of London approved of, then, and not before, the said regulations shall be held in force to bind the said clergy, their assistants, clerks, and schoolmasters only, and no other persons.
15. And be it enacted, that the said president shall collect matter in the said assembly, and shall make a report of the state of religion and morals in the several parishes from whence the synod is deputed, and shall transmit the same, once in the year, in duplicate, through the governor and protector of negroes, to the bishop of London.
16. And be it enacted and declared, that the bishop of London for the time being shall be patron to all and every the said cures in this act directed, and the said bishop is hereby required to provide for the due filling thereof, and is to receive from the fund in this act provided, for the due execution of this act, a sum not exceeding—for each of the said ministers, for his outfit and passage.
17. And be it enacted, that on misbehaviour and on complaint from the said synod, and on hearing the party accused in a plain and summary manner, it shall and may be lawful for the bishop of London to suspend or to remove any minister from his cure, as his said offences shall appear to merit.
18. And be it enacted, that for every two districts a school shall be established for young negroes to be taught three days in the week, and to be detained from their owner four hours in each day: the number not to be more or fewer than twenty males in each district, who shall be chosen, and vacancies filled, by the minister of the district; and the said minister shall pay to the owner of the said boy, and shall be allowed the same in his accounts at the synod, to the age of twelve years old, threepence by the day; and for every boy, from twelve years old to fifteen, five-pence by the day.
19. And it is enacted, that if the president of the synod aforesaid shall certify to the protector of negroes, that any boys in the said schools (provided, that the number in no one year shall exceed one in the island of Jamaica, and one in two years in the islands of Barbadoes, Antigua, and Grenada, and one in four years in any of the other islands) do show a remarkable aptitude for learning, the said protector is hereby authorized and directed to purchase the said boy at the best rate, at which boys of that age and strength have been sold within the year; and the said negro so purchased shall be under the entire guardianship of the said protector of negroes, who shall send him to the bishop of London, for his further education in England, and may charge in his accounts for the expense of transporting him to England: and the bishop of London shall provide for the education of such of the said negroes as he shall think proper subjects, until the age of twenty-four years, and shall order those, who shall fall short of expectation after one year, to be bound apprentice to some handicraft trade; and when his apprenticeship is finished, the lord mayor of London is hereby authorized and directed to receive the said negro from his master, and to transmit him to the island from which he came in the West Indies, to be there as a free negro; subject, however, to the direction of the protector of negroes, relatively to his behaviour and employment.
20. And it is hereby enacted and provided, that any planter or owner of negroes, not being of the Church of England, and not choosing to send his negroes to attend divine service in manner by this act directed, shall give, jointly or severally, as the case shall require, security to the protector of negroes, that a competent minister of some Christian church or congregation shall be provided for the due instruction of the negroes, and for their performing divine service according to the description of the religion of the master or masters, in some church or house thereto allotted, in the manner and with the regulations in this act prescribed with regard to the exercise of religion according to the Church of England.
Provided always, that the marriages of the said negroes belonging to dissenters shall be celebrated only in the church of the said district, and that a register of the births shall be transmitted to the minister of the said district.
21. And whereas a state of matrimony, and the government of a family, is a principal means of forming men to a fitness for freedom, and to become good citizens; Be it enacted, that all negro men and women, above eighteen years of age for the man, and sixteen for the woman, who have cohabited together for twelve months or upwards, or shall cohabit for the same time and have a child or children, shall be deemed to all intents and purposes to be married; and either of the parties is authorized to require of the ministers of the district to be married in the face of the church.
22. And be it enacted, that from and after the—of—all negro men in a healthy condition, and so reported to be, in case the same is denied, by a surgeon and by an inspector of negroes, and being twenty-one years old, or upwards, until fifty, and not being before married, shall, on requisition of the inspectors, be provided by their masters or overseers with a woman not having children living, and not exceeding the age of the man; nor in any case exceeding the age of twenty-five years; and such person shall be married publicly in the face of the church.
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