And be it further enacted, that each
musical instrurrents to slave, at entering the said ship, is to receive
be provided.
musical instrurrents to slave, at entering the said ship, is to receive
be provided.
Edmund Burke
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, labor, 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
? ? ? ? LETTER TO THE RIGHT HON. HENRY DUNDAS. 261
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.
I need not observe to you, that the forms are often neglected, penalties not provided, &c. , &c. , &c. But all this is merely mechanical, and what a couple
of days' application would set to rights.
I have seen what has been done by the West Indian Assemblies. It is arrant trifling. They have
done little; and what they have done is good for
nothing, -- for it is totally destitute of an executory
principle. This is the point to which I have applied
my whole diligence. It is easy enough to say what
shall be done: to cause it to be done, --hic labor,
hoc opus.
I ought not to apologize for letting this scheme
lie beyond the period of the Horatian keeping, --I
ought mIuch more to entreat an excuse for producing it now. Its whole value (if it has any) is the coherence and mutual dependency of parts in the
scheme; separately they can be of little or no use.
I have the honor to be, with very great respect
and regard,
Dear Sir,
Your most faithful and obedient humble servant,
EDMUND BURKE.
BEACONSFIELD, Easter-Monday night, 1792.
? ? ? ? SKETCH OF A NEGRO CODE.
THIS constitution consists of four principal members.
1. The rules for qualifying a ship for the Africali
trade.
II. The mode of carrying on the trade upon the
coast of Africa, which includes a plan for introducing
civilization in that part of the world.
III. What is to be observed from the time of shipping negroes to the sale in the West India islands.
IV. Tile regulations relative to the state and condition of slaves in the West Indies, their manumission, &c. Preamble. WHEREAS it is expedient, and comformable
to the principles of true religion and morality, and
to the rules of sound policy, to put an end to all
traffic in the persons of men, and to the detention of
their said persons in a state of slavery, as soon as the
same may be effected without producing great inconveniences in the sudden change of practices of such long standing, and during the time of the continuance of the said practices it is desirable and expedient by proper regulations to lessen the inconveniences
and evils attendant on the said traffic and state of
servitude, until both shall be gradually done away:
And whereas the objects of the said trade and
consequential servitude, and the grievances resulting
? ? ? ? SKETCH OF A NEGRO CODE. 263
therefrom, come under the principal heads following,
the regulations ought thereto to be severally applied:
that is to say, that provision should be made by the
said regulations,
1st, For duly qualifying ships for the said traffic;
2nd, For the mode and conditions of permitting
the said trade to be carried on upon the coast of
Africa;
3rd, For the treatment of the negroes in their passage to the West India islands;
4th, For the government of the negroes which are
or shall be employed in his Majesty's colonies and
plantations in the West Indies:
Be it therefore enacted, that every ship Shipstobe
or trading vessel which is intended for the registered.
negro trade, with the name of the owner or owners
thereof, shall be entered and registered as ships trading to the West Indies are by law to be registered, with the further provisions following:
1. The same entry and register shall con- Measured
and surtain an account of the greatest number of veyed.
negroes of all descriptions which are proposed to be
taken into the said ship or trading vessel; and the
said ship, before she is permitted to be entered outwards, shall be surveyed by a ship-carpenter, to be appointed by the collector of the port from which the
said vessel is to depart, and by a surgeon, also appointed by the collector, who hath been conversant in the service of the said trade, but not at the time actually engaged or covenanted therein; and the said carpenter and surgeon shall report to the collector,
or in his absence, to the next principal officer of the
port, upon oath, (which oath the said collector or
principal officer is hereby empowered to administer,):
? ? ? ? 264 SKETCH OF A NEGRO CODE.
her measurement, and what she contains in builder's
tonnage, and that she has - feet of grated portholes between the decks, and that she is otherwise fitly found as a good transport vessel.
Numberof 2. And be it enacted, that no ship emslaves
limited. ployed in the said trade shall upon any pretence take in more negroes than one grown man or woman for one ton and half of builder's tonnage, nor
more than one boy or girl for one ton.
Provisions. 3. That the said ship or other vessel shall
lay in, in proportion to the ship's company of the said
vessel, and the number of negroes registered, a full
and sufficient store of sound provision, so as to be
secure against all probable delays and accidents,
namely, salted beef, pork, salt-fish, butter, cheese,
biscuit, flour, rice, oat-meal, and white peas, but no
horse-beans, or other inferior provisions; and the said
ship shall be properly provided with water-casks or
jars, in proportion to the intended number of the said
negroes; and the said ship shall be also provided
with a proper and sufficient stock of coals or firewood.
Stores. 4. And every ship entered as aforesaid
shall take out a coarse shirt and a pair of trousers,
or petticoat, for each negro intended to be taken
aboard; as also a mat, or coarse mattress, or hammock, for the use of the said negroes.
The proportions of provision, fuel, and clothing to
be regulated by the table annexed to this act.
Certificate 5. And be it enacted, that no ship shall
thereof.
be permitted to proceed on the said voyage
or adventure, until the searcher of the port friom
whence the said vessel shall sail, or such person as
he shall appoint to act for him, shall report to the
? ? ? ? SKETCH OF A NEGRO CODE. 265
collector that he hath inspected the said stores, and
that the ship is accommodated and provided in the
manner hereby directed.
6. And be it enacted, that no guns be Gunsfor
trade to be
exported to the coast of Africa, in the said inspected.
or any other trade, unless the same be duly marked
with the maker's name on the barrels before they
are put into the stocks, and vouched by an inspector
in the place where the same are made to be without fraud, and sufficient and merchantable arms.
7. And be it enacted, that, before any Ownersand
masters to
ship as aforesaid shall proceed on her voy- enter into
bonds.
age, the owner or owners, or an attorney
by them named, if the owners are more than two,
and the master, shall severally give bond, the owners by themselves, the master for himself, that the said master shall duly conform himself in all things
to the regulations in this act contained, so far as the
same regards his part in executing and conforming
to the same.
II. And whereas, in providing for the second object of this act, that is to say, for the trade on the
coast of Africa, it is first prudent not only to provide against the manifold abuses to which a trade
of that nature is liable, but that the same may be
accompanied, as far as it is possible, with such advantages to the natives as may tend to the civilizing them, and enabling them to enrich themselves by
means more desirable, and to carry on hereafter a
trade more advantageous and honorable to all parties:
And whereas religion, order, morality, and virtue
are the elemental principles, and the knowledge of
? ? ? ? 266 SKETCH OF A NEGRO CODE,
letters, arts, and handicraft trades, the chief means
of such civilization and improvement: for the better attainment of the said good purposes,
Marts to be 1. Be it hereby enacted, that the coast
established
on thecoast. of Africa, on which the said trade for negroes may be carried on, shall be and is hereby divided into marts or staples, as hereafter follows. [ Here
name the marts. ] And be it enacted, that it shall
not be lawful for the master of any ship to purchase any negro or negroes, but at one of the said
marts or staples.
Governors 2. That the directors of the African Comand counsellors. pany shall appoint, where not already appointed, a governor, with three counsellors, at each
of the said marts, with a salary of to the governor, and of to each of the said counsellors.
The said governor, or, in his absence or illness, the
senior counsellor, shall and is hereby empowered to
act as a justice of the peace, and they, or either of
them, are authorized, ordered, and directed to provide for the peace of the settlement, and the good
regulation of their station and stations severally, according to the rules of justice, to the directions of
this act, and the instructions they shall receive from
time to time from the said African Company. And
the said African Company is hereby authorized to
prepare instructions, with the assent of the Lords of
his Majesty's Privy Council, which shall be binding
in all things not contrary to this act, or to the laws
of England, on the said governors and counsellors,
and every of them, and on all persons acting in commission with them under this act, and on all persons residing within the jurisdiction of the magistrates of the said mart.
? ? ? ? SKETCH OF A NEGRO CODE. 267
3. And be it enacted, that the Lord high Ships of war
stationed.
Admiral, or commissioners for executing his
office, shall appoint one or more, as they shall see
convenient, of his Majesty's ships or sloops of war, under the command severally of a post-captain, or master and commander, to each mart, as a naval station.
4. And be it enacted, that the Lord High Inspectors
Treasurer, or the commissioners for execut- appointed.
ing his office, shall name two inspectors of the said
trade at every mart, who shall provide for the execution of this act, according to the directions thereof,
so far as shall relate to them; and it is hereby provided and enacted, that, as cases of sudden emergency may arise, thile said governor or first counsellor, and the first commander of his Majesty's ship or ships on the said station, and the said inspectors, or
the majority of them, the governor having a double
or casting vote, shall have power and authority to
make such occasional rules and orders relating to
the said trade as shall not be contrary to the instructions of the African Company, and which shall be
valid until the same are revoked by the said African
Company.
5. That the said African Company is here- Lands may
be purby authorized to purchase, if the same may chased.
conveniently be done, with the consent of the Privy
Council, any lands adjoining to the fort or principal
mart aforesaid, not exceeding -. - acres, and to
make allotments of the same; no allotment to one
person to exceed (on pain of forfeiture)
acres.
6. That the African Company shall, at Churches,
and schooleach fort or mart, cause to be erected, in houses,and
hospitals to
a convenient place, and at a moderate cost, be erected.
? ? ? ? 268 SKETCH OF A NEGRO CODE.
the estimate of which shall be approved by the Treasury, one church, and one school-house, and one hosChaplain pital; and shall appoint one principal chapand assistant orders, both of whom shall be recommended by the
Lord Bishop of London; and the said chaplain or
his assistant shall perform divine service, and administer the sacraments, according to the usage of
the Church of England, or to such mode not contrary thereto as to the said bishop shall seem more
suitable to the circumstances of the people. And
the said principal chaplain shall be the third member in the council, and shall be entitled to receive
from tile directors of the said African Company a
salary of, and his assistant a salary of -,
and he shall have power to appoint one sober and
Clerk and discreet person, white or black, to be his
catechist.
clerk and catechist, at a salary of.
Schoolmas- 7. And be it enacted, that the African
Company shall appoint one sufficient schoolmaster, who shall be approved by the Bishop of London, and who shall be capable of teaching writing,
arithmetic, surveying, and mensuration, at a salary
of 1. And the said African Company is hereby
authorized to provide for each settlement a carpenter
Carpenter and blacksmith, with such encouragement
and blacksmith. as to them shall seem expedient, who shall
Native ap- take each two apprentices from amongst
prentices. the natives, to instruct them in the several
trades, the African Company allowing them, as a fee
for each apprentice,. And the said African
Surgeonand Company shall appoint one surgeon and one
mate.
surgeon's mate, who are to be approved on
examination at Surgeoons' I-all, to each fort or mart,
lain, with a curate or assistant in holy
? ? ? ? SKETCH OF A NEGRO CODE. 269
with a salary of for the surgeon, and for his
mate; and the said surgeon shall take one
native apprentice, at a fee to be settled by Native apprentice.
the African Company.
8. And be it enacted, that the said cate- How removable.
chist, schoolmaster, surgeon, and surgeon's
mate, as well as the tradesmen in the Company's service, shall be obedient to the orders they shall from time to time receive from the governor and council of
each fort; and if they, or any of them, or ally other
person, in whatever station, shall appear, on complaint
and proof to the majority of the commissioners, to lead
a disorderly and debauched life, or use any profane
or impious discourses, to the danger of defeating the
purposes of this institution, and to the scandal of the
natives, who are to be led by all due means into a
respect for our holy religion, and a desire of partaking of the benefits thereof, they are authorized and directed to suspend the said person from his office,
or the exercise of his trade, and to send him to England (but without any hard confinement, except in case of resistance) with a complaint, with inquiry
and proofs adjoined, to the African Company.
9. And be it enacted, that the Bishop of London
for the time being shall have full authority to remove
the said chaplain for such causes as to him shall seem
reasonable.
10. That no governor, counsellor, inspec- No public
officer to be
tor, chaplain, surgeon, or schoolmaster shall concerned in
the negro
be concerned, or have any share, directly or trade.
indirectly, in the negro trade, on pain of
11. Be it enacted, that the said governor Journals and
let-,r'-b,)ok is
and council shall keep a journal of all their to be kept
proceedings, anand tratnsproceedings, and a book in which copies of mitted.
? ? ? ? 270 SKETCH OF A NEGRO CODE.
all their correspondence shall be entered, and they
shall transmit copies of the said journals and letterbook, and their books of accounts, to the African Company, who, within - of their receipt thereof,
shall communicate the same to one of his Majesty's
principal secretaries of state.
Chaplain to 12. And be it enacted, that the. said chapreport to the
Bishop of lain, or principal minister, shall correspond
London.
with the Bishop of London, and faithfully
and diligently transmit to him an account of whatever
hath been done for the advancement of religion, morality, and learning amongst the natives.
Negroes to 13. And be it enacted, that no negro
be attested
before sale shall be conclusively sold, until he shall be
attested by the two inspectors and chaplain, or, in
case of the illness of any of them, by one inspector,
and the governor, or one of the council, who are
hereby authorized and directed, by the best means inll
their power, to examine into the circumstances and
condition of the persons exposed to sale.
Causes for 14. And for the better direction of the
rejection. said inspectors, no persons are to be sold,
who, to the best judgment of the said inspectors, shall
be above thirty-five years of age, or who shall appear,
on examination, stolen or carried away by the dealers
by surprise; nor any person who is able to read in
the Arabian or any other book; nor any woman who
shall appear to be advanced three months in pregnancy; nor any person distorted or feeble, unless the said persons are consenting to such sale; or any person
afflicted with a grievous or contagious distemper:
but if any person so offered is only lightly disordered,
the said person may be sold, but must be kept in the
hospital of the mart, and shall not be shipped until
completely cured.
? ? ? ? SKETCH OF A NEGRO CODE. 211
15. Be it enacted, that no black or Euro- Traders to
be licensed
peaIn factor or trader into the interior coun- by the governors.
try, or on the coast, (the masters of English
ships only excepted, for whose good conduct provision
is otherwise herein made,) shall be permitted to buy
or sell in any of the said marts, unless he be approved
by the governor of the mart in which he is to deal, or,
ill his absence or disability, by the senior counsellor
for the time being, and obtaining a license from such
governor or counsellor; and the said traders and
factors shall, severally or jointly, as they shall be
concerned, before they shall obtain the said license,
be bound in a recognizance, with such surety for his
or their good behavior as to the said governor shall
seem the best that can be obtained.
16. Be it enacted, that the said governor, Offenceshow
to be tried
or other authority aforesaid, shall examine, and punas by duty of office, into the conduct of all
such traders and factors, and shall receive and publicly hear (with the assistance of the council and inspectors aforesaid, and of the commodore, captain, or other principal commander of one of his Majesty's
ships on the said station, or as many of the same as
can be assembled, two whereof, with the governor,
are hereby enabled to act) all complaints against
them, or any of them; and if any black or white
trader or factor, (other than in this act excepted,)
either on inquisition of office or on complaint, shall
be convicted by a majority of the said commissioners
present of stealing or taking by surprise any person
or persons whatsoever, whether free or the slaves of
others, without the consent of their masters, or of
wilfully and maliciously killing or maiming any persoiln, or of any cruelty, (necessary restraint only ex
? ? ? ? 272 SKETCH OF A NEGRO CODE.
cepted,) or of firing houses, or destroying goods, the
said trader or factor shall be deemed to have forfeited
his recognizance, and his surety to have forfeited his;
and the said trader or factor, so convicted, shall be forever disabled from dealing in any of the said marts,
unless the offence shall not be that of murder, maiming, arson, or stealing or surprising the person, and
shall appear to the commissioners aforesaid to merit
only, besides the penalty of his bond, a suspension
for one year; and the said trader or factor, so convicted of murder, maiming, arson, stealing or surprising the person, shall, if a native, be delivered over to the prince to whom he belongs, to execute further
justice on him. But it is hereby provided and enacted, that, if any European shall be convicted of any
of the said offences, he shall be sent to Europe, together with the evidence against him; and on the
warrant of the said commissioners, the keeper of any
of his Majesty's jails in London, Bristol, Liverpool,
or Glasgow shall receive him, until he be delivered
according to due course of law, as if the said offences
had been committed within the cities and towns aforesaid.
Negroes ex- 17. Be it further enacted, that, if the
posed to sale
contrary to said governor, &c. , shall be satisfied that
the provisions of this any person or persons are exposed to sale,
act, how to
be dealt who have been stolen or surprised as aforewith. said, or are not within the qualifications of
sale in this act described, they are hereby authorized
and required, if it can be done, to send the persons
so exposed to sale to their original habitation or settlement, in the manner they shall deem best for their
security, (the reasonable charges whereof shall be
allowed to the said governor by the African Corn
? ? ? ? SKETCH OF A NEGRO CODE. 273
pany,) unless the said persons choose to sell themselves; and then, and in that case, their value in money and goods, at their pleasure, shall be secured
to them, and be applicable to their use, without any
dominion over the same of any purchaser, or of any
master to whom they may in any colony or plantation
be sold, and which shall always be in some of his
master's [Majesty's? ] colonies and plantations only.
And the master of the ship in which such person
shall embark shall give bond for the faithful execution of his part of the trust at the island where he shall break bulk.
18. Be it further enacted, that, besides the hospitals on shore, one or more hospital-ships shall be em -- ployed at each of the said chief marts, wherein slaves
taken ill in the trading ships shall be accommodated,
until they shall be cured; and then the owner may
reclaim and shall receive them, paying the charges
which shall be settled by regulation to be made by
the authority in this act enabled to provide such regulations.
III. And whereas it is necessary that regulations
be made to prevent abuses in the passage from Africa, to the West Indies:
1. Be it further enacted, that the com- Slave-ships
to be exammander or lieutenant of the king's ship on ined on the
coast.
each station shall have authority, as often
as lie shall see occasion, attended with one other of
his officers, and his surgeon or mate, to enter into and
inspect every trading ship, in order to provide for the
due execution of this act, and of any ordinances made
in virtue thereof and conformable thereto by the authorities herein constituted and appointed; and thle vOL. VI. 18
? ? ? ? 274 SKETCH OF A NEGRO CODE.
said officer and officers are hereby required to examine every trading ship before she sails, and to stop the sailing of the said ship for the breach of the said
rules and ordinances, until the governor in council
shall order and direct otherwise: and the master of]
the said ship shall not presume, under the penalty of, to be recovered in the courts of the West
Ildies, to sail without a certificate from the comiander aforesaid, and one of the inspectors inll this
act appointed, that thle vessel is provided with stores
and other accommodation sufficient for her voyage,
and has not a greater number of slaves on board
than by the provisions of this act is allowed.
Governor to 2. And be it enacted, that the governor
give special
instructions. and council, with the assistance of the said
inaval commander, shall have power to give such special written instructions for the health, discipline, and care of the said slaves, during their passage, as to
them shall seem good.
Presents and 83.
And be it further enacted, that each
musical instrurrents to slave, at entering the said ship, is to receive
be provided.
some present, not exceeding in value,
to be provided according to the instructions aforesaid;
and musical instruments, according to the fashion of
the country, are to be provided.
Table of al- 4. And be it further enacted, that the.
lowances.
negroes on board the transports, and the
seamen who navigate the same, are to receive their
daily allowance according to the table hereunto annlexed, together with a certain quantity of spirits to
be mixed with their water. And it is enacted, that
the table is to be fixed, and continue for one week
after sailing, in some conspicuous part of the said
ship, for the seamen's ilspectiou of the same.
? ? ? ? SKETCH OF A NEGRO CODE. 275'. And be it enacted, that the captain of Negro superintendents to
each trading vessel shall be enabled and is be appointrequired to divide the slaves in his ship into crews of not less than ten nor more than twenty persons each, and to appoint one negro man to have
such authority severally over each crew, as according
to his judgment, with the advice of the mate and surgeon, he and they shall see good to commit to them,
and to allow to each of them some compensation, in
extraordinary diet and presents, not exceeding [ten
shillings].
6. And be it enacted, that any European Communication with reofficer or seaman, having unlawful commu- male slaves,.
how punnication with any woman slave, shall, if an ished.
officer, pay five pounds to the use of the said woman,
on landing her from the said ship, to be stopped out
of his wages, or if a seaman, forty shillings: the said
penalties to be recovered on the testimony of the
woman so abused, and one other.
7. And be it enacted, that all and every Premium to
commanders
commander of a vessel or vessels employed of slave-ships.
in slave trade, having received certificates fiom the
port of the outfit, and from the proper officers in
Africa and the West Indies, of their having conformed to the regulations of this act, and of their
not having lost more than one in thirty of their
slaves by death, shall be entitled to a bounty or
premium of [ten pounds].
IV. And whereas the condition of persons in a
state of slavery is such that they are utterly unable
to take advantage of anlly remedy which the laws may
provide for their protection and the amendment of
their condition, and have not the proper means of
? ? ? ? 276 SKETCH OF A NEGRO CODE.
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 attorneys and overseers, to
whom their grievances, whenever they suffer any,
must ordinarily be owing:
Attorney- 1. Be it therefore enacted, that his MajGeneral to be
protectorof esty's Attorney-General for the time being
negroes.
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 legroes, and inquire into the same, or to inTo inquire stitute all inquiry ex officio into any abuses,
and file informations and to call before him and examine witex oficio.
nesses upon oath, relative to the subjectmatter 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 misdemeanors or wrongs against the said negroes, or any
of them.
Power to 2. Anid it is further enacted, that in all
challenge
jurors. 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.
To appoint 3. And be it enacted, that the said At-,inspectors of
aistricts, torney-Gelneral, protector of negroes, shall
? ? ? ? SKETCH OF A NEGRO CODE;. 277
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 who are to
report to him
protector aforesaid the state and condition twiceinthe
year the
of the negroes. il their districts or on their number and
condition of
circuit severally, the number, sex, age, and the slaves.
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 pro- Instructions
to be formed
tector of negroes, by and with the consent for inspecof the governor and chief judge of each
island, shall form instructions, by which the said
inspectors shall discharge their trust inl 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 Attor- Registry.
ney-General, protector of negroes, shall appoint an
? ? ? ? 278 SKETCH OF A NEGRO CODE.
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
Ports where 6. And be it enacted, that no negroes
negroes are
to be landed. shall be landed for sale in any but the ports
Vessels to be
inspected. 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
Masters or officers, the said protector shall impose a
officers offending to fine on him or them, not exceeding - --;
be fined.
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 I 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.
? ? ? ? SKETCH OF A NEGRO CODE. 279
7. And be it enacted, that no sale of Ratesrespecting the
negroes shall be made but in the presence sale of
of an inspector, and all negroes shall be sold groe
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, an
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 Every island
to be divided
of his Majesty's islands and plantations, in into districts.
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 A church to
be built in
to be built in a convenient place, and a cem- each.
etery annexed, and an 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 Appointsaid districts shall be established a presbyter priest and
clerk.
of the Church of England as by law estab
? ? ? ? 280 SKETCH OF A NEGRO CODE.
lished, 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 Dissenters from the Church of England.
Owner to 10. And the principal overseer of each
deliver a list
of negroesto plantation is hereby required to deliver anthe minister,
and tocause nually unto the minister a list of all the
them to attend divine negroes upoIn 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 behavior of
the negroes under him, and cause them to return to
his plantation, when divine service, or administration
of sacraments, or catechism, is ended.
Minister to 11. And be it enacted, that the minister
d(irect punishment for shall have power to punish any negro for
disorderly
conduct. 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 minister, effectually
to inflict, whenever the same shall be ordered.
Spirituous 12. And be it enacted, that no spirituous
liquors not to
be sold. liquors of any kind shall be sold, except in
? ? ? ? SKETCH OF A NEGRO CODE. 281
towns, within ~ miles distance of any church, nor
within any district durirg divine service, and all hour
preceding aind an hour following the same; and the
minister of each parish shall anld is hereby authorized to act as a justice of the peace in enforcing the
said regulation.
13. And be it enacted, that every minis- Regrister of
births, buriter shall keep a register of births, burials, als,and marriages.
and marriages of all negroes and mulattoes
in his district.
14. And be it enacted, that the mlinisters Synod toassemble anof the several districts shall meet annually, nually, and to form reguoll the day of-, in a synod of lations,
the islaiid 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 LvTudon approved of, then,
and not before, the said regulations shall be held in
force to bind the said clergy, their assistants, clerks,
land schoolmasters only, and no other persons.
15. And be it enacted, that the said pres- and to report
to the Bishop
ident shall collect matter in the said assem- of London.
bly, and sha,ll 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, tlhrough the governor and
protector of negroes, to the Bishop of London.
16. And be it enacted and declared, that Bishopof
London to be
the Bishop of London for the time being patron of the
shall be patron to all and every the said
? ? ? ? 282 SKETCH OF A NEGRO CODE.
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.
and to have 17. And be it enacted, that, on misbehapower of suspending and vior, and on complaint from the said synod,
removing
ministers. 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.
Schools for 18. And be it enacted, that for every two
young negroes. ditsricts 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,
three-pence 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
Extraordi- in four years in any of the other islands)
nary abilities
to be ecour- do show a remarkable aptitude for learning,
aged. and
the said protector is hereby authorized and
? ? ? ? SKETCH OF A NEGRO CODE. 283
airected 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 negi'o 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 behavior and employment.
20. And it is hereby enacted and pro- Negroesof
Dissenters;
vided, 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 t, the exercise of religion according to the
? ? ? ? 284 SKETCH OF A NEGRO CODE.
their mar- Church of England: provided always, that
riages, &c. ,
to be regis- the marriages of the said negroes belonging
tered.
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.
Regulations 21. And whereas a state of matrimony,
concernlling
marriage. 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.
Concerning 22. And be it enacted, that, from and afthe same.
ter the of, all negro men in
an 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 persons shall be married publicly in
the face of the church.
Concerning 23. And be it enacted, that, if any negro
the same.
shall refuse a competent marriage tendered
to him, and shall not demand another specifically,
such as it may be in his master's power to provide,
? ? ? ? SKETCH OF A NEGRO CODE. 285
the master or overseer shall be authorized to constrain
him by an increase of work or a lessening of allowance.
24. And be it enacted, that the minister Adultery,
&c. , how
in each district shall have, with the assent to be punof the inspector, full power and authority
to punish all acts of adultery, unlawful concubinage,
and fornication, amongst negroes, on hearing and a
summary process, by ordering a number of blows,
not exceeding, for each offence; and if any
white person shall be proved, on information in the
supreme court, to be exhibited by the protector of
negroes, to have committed adultery with any negro
woman, or to have corrupted any negro woman under
sixteen years of ago, he shall be fined in the sum of, and shall be forever disabled from serving the office of overseer of negroes, or being attorney to
any plantation.
25. And be it enacted, that no slaves Concerning
shall be compelled to do any work for their
masters for' [three] days after their marriage.
26. And be it enacted, that no woman Concerning
pregnant
shall be obliged to field-work, or any other women.
laborious work, for one month before her delivery, or
for six weeks afterwards.
27. And be it enacted, that no husband Separation
of husband
and wife shall be sold separately, if original- and wife,
and chilly belonging to the same master; nor shall dren, to be
avoided.
any children under sixteen be sold separately from their parents, or one parent, if one be
living.
28. And be it enacted, that, if an husband Concerning
the same.
and wife, which before their intermarriage
belonged to different owners, shall be sold, they shall
? ? ? ? 286 SKETCH OF A NEGRO CODE.
not be sold at such a distance as to prevent mutual
help and cohabitation; and of this distance the minister shall judge, and his certificate of the inconvenient distance shall be valid, so as to make such sale unlawful, and to render the same null and void.
Negroes not 29. And be it enacted, that no negro
to work on
Saturday shall be compelled to work for his owner at
Sunday. field-work, or any service relative to a plantation, or to work at any handicraft trade, from eleven o'clock on Saturday forenoon until the usual working
hour on Monday morning.
Other cases 30. And whereas habits of industry and
of exemption
from labor. sobriety, and the means of acquiring and
preserving property, are proper and reasonable preparatives to freedom, and will secure against an
abuse of the same: Be it enacted, that every negro
man, who shall have served ten years, and is thirty
years of age, and is married, and has had two children born of any marriage, shall obtain the whole of Saturday for himself and his wife, and for his own
benefit, and after thirty-seven years of age, the whole
of Friday for himself and his wife: provided that in
both cases the minister of the district and the inspector of negroes shall certify that they know nothing against his peaceable, orderly, and industrious behavior.
Huts and 31. And be it enacted, that the master
land to be
armpopri- of every plantation shall provide the materials of a good and substantial hut for each
married field negro; and if his plantation shall exceed
acres, he shall allot to the same a portion of
land not less than: and the said hut and land
shall remain and stand annexed to the said negro,
for his natural life, or during his bondage; but the
? ? ? ? SKETCH OF A NEGRO CODE. 287
same shall not be alienated without the consent of
the owners.
32. And be it enacted, that it shall not Property
of negroes
be lawful for the owner of any negro, by secured.
himself or any other, to take from him any land,
house, cattle, goods, or money, acquired by the said
negro, whether by purchase, donation, or testament,
whether the same has been derived from the owner
of the said negro, or any other.
33. And be it enacted, that, if the said negro shall
die possessed of any lands, goods, or chattels, and
dies without leaving a wife or issue, it shall be lawful for the said negro to devise or bequeath the same by his last will; but in case the said negro shall die
intestate, and leave a wife and children, the same
shall be distributed amongst them, according to the
usage under the statute, commonly called the Statute of Distributions; but if the said negro shall die intestate without wife or children, then, and in that
case, his estate shall go to the fund provided for the
better execution of this act.
34. And be it enacted, that no negro, who is married, and hath resided upon any plantation for twelve months, shall be sold, either privately or by the decree of any court, but along with the plantation on which lhe hath resided, unless he should himself request to be separated therefrom.
35. And be it enacted, that no blows or Of th
punishment
stripes exceeding thirteen shall be inflicted of egrres.
for one offence upon any negro, without the order
of one of his Majesty's justices of peace.
36. And it is enacted, that it shall be Of thesame.
lawful for the protector of negroes, as often as on
complaint and hearing he shall be of opinion that
? ? ? ? 288 SKETCH OF A NEGRO CODE.
any negro hath been cruelly and inhumanly treated,
or when it shall be made to appear to him that an
overseer hath any particular malice, to order, at the
desire of the suffering party, the said negro to be
sold to another master.
37. And be it enacted, that, in all cases of injury
to member or life, the offences against a negro shall
be deemed and taken to all intents and purposes
as if the same were perpetrated against any of his
Majesty's subjects; and the protector of negroes, on
complaint, or if he shall receive credible information thereof, shall cause an indictment to be presented for the same; and ill case of suspicion of any
murder of a negro, an inquest by the coroner, or
officer acting as such, shall, if practicable, be held
into the same.
Ofthe man- 38. And in order to a gradual malnumisUmission of
negroes. sion of slaves, as they shall seem fitted to
fill the offices of freemen, be it enacted, that every
negro slave, being thirty years of age and upwards,
and who has had three children born to him il lawful matrimony, and who hath received a certificate
from the minister of his district, or any other Christian teacher, of his regularity ill the duties of religion, and of his orderly and good behavior, may purchase, at rates to be fixed by two justices of peace, the freedom of himself, or his wife or children, or
of any of them separately, valuing the wife and clildren, if purchased into liberty by the father of tlle
family, at half only of their marketable values: provided that the said father shall bind himself in a
penalty of for the good behavior of his children.
Of the same.
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, labor, 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
? ? ? ? LETTER TO THE RIGHT HON. HENRY DUNDAS. 261
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.
I need not observe to you, that the forms are often neglected, penalties not provided, &c. , &c. , &c. But all this is merely mechanical, and what a couple
of days' application would set to rights.
I have seen what has been done by the West Indian Assemblies. It is arrant trifling. They have
done little; and what they have done is good for
nothing, -- for it is totally destitute of an executory
principle. This is the point to which I have applied
my whole diligence. It is easy enough to say what
shall be done: to cause it to be done, --hic labor,
hoc opus.
I ought not to apologize for letting this scheme
lie beyond the period of the Horatian keeping, --I
ought mIuch more to entreat an excuse for producing it now. Its whole value (if it has any) is the coherence and mutual dependency of parts in the
scheme; separately they can be of little or no use.
I have the honor to be, with very great respect
and regard,
Dear Sir,
Your most faithful and obedient humble servant,
EDMUND BURKE.
BEACONSFIELD, Easter-Monday night, 1792.
? ? ? ? SKETCH OF A NEGRO CODE.
THIS constitution consists of four principal members.
1. The rules for qualifying a ship for the Africali
trade.
II. The mode of carrying on the trade upon the
coast of Africa, which includes a plan for introducing
civilization in that part of the world.
III. What is to be observed from the time of shipping negroes to the sale in the West India islands.
IV. Tile regulations relative to the state and condition of slaves in the West Indies, their manumission, &c. Preamble. WHEREAS it is expedient, and comformable
to the principles of true religion and morality, and
to the rules of sound policy, to put an end to all
traffic in the persons of men, and to the detention of
their said persons in a state of slavery, as soon as the
same may be effected without producing great inconveniences in the sudden change of practices of such long standing, and during the time of the continuance of the said practices it is desirable and expedient by proper regulations to lessen the inconveniences
and evils attendant on the said traffic and state of
servitude, until both shall be gradually done away:
And whereas the objects of the said trade and
consequential servitude, and the grievances resulting
? ? ? ? SKETCH OF A NEGRO CODE. 263
therefrom, come under the principal heads following,
the regulations ought thereto to be severally applied:
that is to say, that provision should be made by the
said regulations,
1st, For duly qualifying ships for the said traffic;
2nd, For the mode and conditions of permitting
the said trade to be carried on upon the coast of
Africa;
3rd, For the treatment of the negroes in their passage to the West India islands;
4th, For the government of the negroes which are
or shall be employed in his Majesty's colonies and
plantations in the West Indies:
Be it therefore enacted, that every ship Shipstobe
or trading vessel which is intended for the registered.
negro trade, with the name of the owner or owners
thereof, shall be entered and registered as ships trading to the West Indies are by law to be registered, with the further provisions following:
1. The same entry and register shall con- Measured
and surtain an account of the greatest number of veyed.
negroes of all descriptions which are proposed to be
taken into the said ship or trading vessel; and the
said ship, before she is permitted to be entered outwards, shall be surveyed by a ship-carpenter, to be appointed by the collector of the port from which the
said vessel is to depart, and by a surgeon, also appointed by the collector, who hath been conversant in the service of the said trade, but not at the time actually engaged or covenanted therein; and the said carpenter and surgeon shall report to the collector,
or in his absence, to the next principal officer of the
port, upon oath, (which oath the said collector or
principal officer is hereby empowered to administer,):
? ? ? ? 264 SKETCH OF A NEGRO CODE.
her measurement, and what she contains in builder's
tonnage, and that she has - feet of grated portholes between the decks, and that she is otherwise fitly found as a good transport vessel.
Numberof 2. And be it enacted, that no ship emslaves
limited. ployed in the said trade shall upon any pretence take in more negroes than one grown man or woman for one ton and half of builder's tonnage, nor
more than one boy or girl for one ton.
Provisions. 3. That the said ship or other vessel shall
lay in, in proportion to the ship's company of the said
vessel, and the number of negroes registered, a full
and sufficient store of sound provision, so as to be
secure against all probable delays and accidents,
namely, salted beef, pork, salt-fish, butter, cheese,
biscuit, flour, rice, oat-meal, and white peas, but no
horse-beans, or other inferior provisions; and the said
ship shall be properly provided with water-casks or
jars, in proportion to the intended number of the said
negroes; and the said ship shall be also provided
with a proper and sufficient stock of coals or firewood.
Stores. 4. And every ship entered as aforesaid
shall take out a coarse shirt and a pair of trousers,
or petticoat, for each negro intended to be taken
aboard; as also a mat, or coarse mattress, or hammock, for the use of the said negroes.
The proportions of provision, fuel, and clothing to
be regulated by the table annexed to this act.
Certificate 5. And be it enacted, that no ship shall
thereof.
be permitted to proceed on the said voyage
or adventure, until the searcher of the port friom
whence the said vessel shall sail, or such person as
he shall appoint to act for him, shall report to the
? ? ? ? SKETCH OF A NEGRO CODE. 265
collector that he hath inspected the said stores, and
that the ship is accommodated and provided in the
manner hereby directed.
6. And be it enacted, that no guns be Gunsfor
trade to be
exported to the coast of Africa, in the said inspected.
or any other trade, unless the same be duly marked
with the maker's name on the barrels before they
are put into the stocks, and vouched by an inspector
in the place where the same are made to be without fraud, and sufficient and merchantable arms.
7. And be it enacted, that, before any Ownersand
masters to
ship as aforesaid shall proceed on her voy- enter into
bonds.
age, the owner or owners, or an attorney
by them named, if the owners are more than two,
and the master, shall severally give bond, the owners by themselves, the master for himself, that the said master shall duly conform himself in all things
to the regulations in this act contained, so far as the
same regards his part in executing and conforming
to the same.
II. And whereas, in providing for the second object of this act, that is to say, for the trade on the
coast of Africa, it is first prudent not only to provide against the manifold abuses to which a trade
of that nature is liable, but that the same may be
accompanied, as far as it is possible, with such advantages to the natives as may tend to the civilizing them, and enabling them to enrich themselves by
means more desirable, and to carry on hereafter a
trade more advantageous and honorable to all parties:
And whereas religion, order, morality, and virtue
are the elemental principles, and the knowledge of
? ? ? ? 266 SKETCH OF A NEGRO CODE,
letters, arts, and handicraft trades, the chief means
of such civilization and improvement: for the better attainment of the said good purposes,
Marts to be 1. Be it hereby enacted, that the coast
established
on thecoast. of Africa, on which the said trade for negroes may be carried on, shall be and is hereby divided into marts or staples, as hereafter follows. [ Here
name the marts. ] And be it enacted, that it shall
not be lawful for the master of any ship to purchase any negro or negroes, but at one of the said
marts or staples.
Governors 2. That the directors of the African Comand counsellors. pany shall appoint, where not already appointed, a governor, with three counsellors, at each
of the said marts, with a salary of to the governor, and of to each of the said counsellors.
The said governor, or, in his absence or illness, the
senior counsellor, shall and is hereby empowered to
act as a justice of the peace, and they, or either of
them, are authorized, ordered, and directed to provide for the peace of the settlement, and the good
regulation of their station and stations severally, according to the rules of justice, to the directions of
this act, and the instructions they shall receive from
time to time from the said African Company. And
the said African Company is hereby authorized to
prepare instructions, with the assent of the Lords of
his Majesty's Privy Council, which shall be binding
in all things not contrary to this act, or to the laws
of England, on the said governors and counsellors,
and every of them, and on all persons acting in commission with them under this act, and on all persons residing within the jurisdiction of the magistrates of the said mart.
? ? ? ? SKETCH OF A NEGRO CODE. 267
3. And be it enacted, that the Lord high Ships of war
stationed.
Admiral, or commissioners for executing his
office, shall appoint one or more, as they shall see
convenient, of his Majesty's ships or sloops of war, under the command severally of a post-captain, or master and commander, to each mart, as a naval station.
4. And be it enacted, that the Lord High Inspectors
Treasurer, or the commissioners for execut- appointed.
ing his office, shall name two inspectors of the said
trade at every mart, who shall provide for the execution of this act, according to the directions thereof,
so far as shall relate to them; and it is hereby provided and enacted, that, as cases of sudden emergency may arise, thile said governor or first counsellor, and the first commander of his Majesty's ship or ships on the said station, and the said inspectors, or
the majority of them, the governor having a double
or casting vote, shall have power and authority to
make such occasional rules and orders relating to
the said trade as shall not be contrary to the instructions of the African Company, and which shall be
valid until the same are revoked by the said African
Company.
5. That the said African Company is here- Lands may
be purby authorized to purchase, if the same may chased.
conveniently be done, with the consent of the Privy
Council, any lands adjoining to the fort or principal
mart aforesaid, not exceeding -. - acres, and to
make allotments of the same; no allotment to one
person to exceed (on pain of forfeiture)
acres.
6. That the African Company shall, at Churches,
and schooleach fort or mart, cause to be erected, in houses,and
hospitals to
a convenient place, and at a moderate cost, be erected.
? ? ? ? 268 SKETCH OF A NEGRO CODE.
the estimate of which shall be approved by the Treasury, one church, and one school-house, and one hosChaplain pital; and shall appoint one principal chapand assistant orders, both of whom shall be recommended by the
Lord Bishop of London; and the said chaplain or
his assistant shall perform divine service, and administer the sacraments, according to the usage of
the Church of England, or to such mode not contrary thereto as to the said bishop shall seem more
suitable to the circumstances of the people. And
the said principal chaplain shall be the third member in the council, and shall be entitled to receive
from tile directors of the said African Company a
salary of, and his assistant a salary of -,
and he shall have power to appoint one sober and
Clerk and discreet person, white or black, to be his
catechist.
clerk and catechist, at a salary of.
Schoolmas- 7. And be it enacted, that the African
Company shall appoint one sufficient schoolmaster, who shall be approved by the Bishop of London, and who shall be capable of teaching writing,
arithmetic, surveying, and mensuration, at a salary
of 1. And the said African Company is hereby
authorized to provide for each settlement a carpenter
Carpenter and blacksmith, with such encouragement
and blacksmith. as to them shall seem expedient, who shall
Native ap- take each two apprentices from amongst
prentices. the natives, to instruct them in the several
trades, the African Company allowing them, as a fee
for each apprentice,. And the said African
Surgeonand Company shall appoint one surgeon and one
mate.
surgeon's mate, who are to be approved on
examination at Surgeoons' I-all, to each fort or mart,
lain, with a curate or assistant in holy
? ? ? ? SKETCH OF A NEGRO CODE. 269
with a salary of for the surgeon, and for his
mate; and the said surgeon shall take one
native apprentice, at a fee to be settled by Native apprentice.
the African Company.
8. And be it enacted, that the said cate- How removable.
chist, schoolmaster, surgeon, and surgeon's
mate, as well as the tradesmen in the Company's service, shall be obedient to the orders they shall from time to time receive from the governor and council of
each fort; and if they, or any of them, or ally other
person, in whatever station, shall appear, on complaint
and proof to the majority of the commissioners, to lead
a disorderly and debauched life, or use any profane
or impious discourses, to the danger of defeating the
purposes of this institution, and to the scandal of the
natives, who are to be led by all due means into a
respect for our holy religion, and a desire of partaking of the benefits thereof, they are authorized and directed to suspend the said person from his office,
or the exercise of his trade, and to send him to England (but without any hard confinement, except in case of resistance) with a complaint, with inquiry
and proofs adjoined, to the African Company.
9. And be it enacted, that the Bishop of London
for the time being shall have full authority to remove
the said chaplain for such causes as to him shall seem
reasonable.
10. That no governor, counsellor, inspec- No public
officer to be
tor, chaplain, surgeon, or schoolmaster shall concerned in
the negro
be concerned, or have any share, directly or trade.
indirectly, in the negro trade, on pain of
11. Be it enacted, that the said governor Journals and
let-,r'-b,)ok is
and council shall keep a journal of all their to be kept
proceedings, anand tratnsproceedings, and a book in which copies of mitted.
? ? ? ? 270 SKETCH OF A NEGRO CODE.
all their correspondence shall be entered, and they
shall transmit copies of the said journals and letterbook, and their books of accounts, to the African Company, who, within - of their receipt thereof,
shall communicate the same to one of his Majesty's
principal secretaries of state.
Chaplain to 12. And be it enacted, that the. said chapreport to the
Bishop of lain, or principal minister, shall correspond
London.
with the Bishop of London, and faithfully
and diligently transmit to him an account of whatever
hath been done for the advancement of religion, morality, and learning amongst the natives.
Negroes to 13. And be it enacted, that no negro
be attested
before sale shall be conclusively sold, until he shall be
attested by the two inspectors and chaplain, or, in
case of the illness of any of them, by one inspector,
and the governor, or one of the council, who are
hereby authorized and directed, by the best means inll
their power, to examine into the circumstances and
condition of the persons exposed to sale.
Causes for 14. And for the better direction of the
rejection. said inspectors, no persons are to be sold,
who, to the best judgment of the said inspectors, shall
be above thirty-five years of age, or who shall appear,
on examination, stolen or carried away by the dealers
by surprise; nor any person who is able to read in
the Arabian or any other book; nor any woman who
shall appear to be advanced three months in pregnancy; nor any person distorted or feeble, unless the said persons are consenting to such sale; or any person
afflicted with a grievous or contagious distemper:
but if any person so offered is only lightly disordered,
the said person may be sold, but must be kept in the
hospital of the mart, and shall not be shipped until
completely cured.
? ? ? ? SKETCH OF A NEGRO CODE. 211
15. Be it enacted, that no black or Euro- Traders to
be licensed
peaIn factor or trader into the interior coun- by the governors.
try, or on the coast, (the masters of English
ships only excepted, for whose good conduct provision
is otherwise herein made,) shall be permitted to buy
or sell in any of the said marts, unless he be approved
by the governor of the mart in which he is to deal, or,
ill his absence or disability, by the senior counsellor
for the time being, and obtaining a license from such
governor or counsellor; and the said traders and
factors shall, severally or jointly, as they shall be
concerned, before they shall obtain the said license,
be bound in a recognizance, with such surety for his
or their good behavior as to the said governor shall
seem the best that can be obtained.
16. Be it enacted, that the said governor, Offenceshow
to be tried
or other authority aforesaid, shall examine, and punas by duty of office, into the conduct of all
such traders and factors, and shall receive and publicly hear (with the assistance of the council and inspectors aforesaid, and of the commodore, captain, or other principal commander of one of his Majesty's
ships on the said station, or as many of the same as
can be assembled, two whereof, with the governor,
are hereby enabled to act) all complaints against
them, or any of them; and if any black or white
trader or factor, (other than in this act excepted,)
either on inquisition of office or on complaint, shall
be convicted by a majority of the said commissioners
present of stealing or taking by surprise any person
or persons whatsoever, whether free or the slaves of
others, without the consent of their masters, or of
wilfully and maliciously killing or maiming any persoiln, or of any cruelty, (necessary restraint only ex
? ? ? ? 272 SKETCH OF A NEGRO CODE.
cepted,) or of firing houses, or destroying goods, the
said trader or factor shall be deemed to have forfeited
his recognizance, and his surety to have forfeited his;
and the said trader or factor, so convicted, shall be forever disabled from dealing in any of the said marts,
unless the offence shall not be that of murder, maiming, arson, or stealing or surprising the person, and
shall appear to the commissioners aforesaid to merit
only, besides the penalty of his bond, a suspension
for one year; and the said trader or factor, so convicted of murder, maiming, arson, stealing or surprising the person, shall, if a native, be delivered over to the prince to whom he belongs, to execute further
justice on him. But it is hereby provided and enacted, that, if any European shall be convicted of any
of the said offences, he shall be sent to Europe, together with the evidence against him; and on the
warrant of the said commissioners, the keeper of any
of his Majesty's jails in London, Bristol, Liverpool,
or Glasgow shall receive him, until he be delivered
according to due course of law, as if the said offences
had been committed within the cities and towns aforesaid.
Negroes ex- 17. Be it further enacted, that, if the
posed to sale
contrary to said governor, &c. , shall be satisfied that
the provisions of this any person or persons are exposed to sale,
act, how to
be dealt who have been stolen or surprised as aforewith. said, or are not within the qualifications of
sale in this act described, they are hereby authorized
and required, if it can be done, to send the persons
so exposed to sale to their original habitation or settlement, in the manner they shall deem best for their
security, (the reasonable charges whereof shall be
allowed to the said governor by the African Corn
? ? ? ? SKETCH OF A NEGRO CODE. 273
pany,) unless the said persons choose to sell themselves; and then, and in that case, their value in money and goods, at their pleasure, shall be secured
to them, and be applicable to their use, without any
dominion over the same of any purchaser, or of any
master to whom they may in any colony or plantation
be sold, and which shall always be in some of his
master's [Majesty's? ] colonies and plantations only.
And the master of the ship in which such person
shall embark shall give bond for the faithful execution of his part of the trust at the island where he shall break bulk.
18. Be it further enacted, that, besides the hospitals on shore, one or more hospital-ships shall be em -- ployed at each of the said chief marts, wherein slaves
taken ill in the trading ships shall be accommodated,
until they shall be cured; and then the owner may
reclaim and shall receive them, paying the charges
which shall be settled by regulation to be made by
the authority in this act enabled to provide such regulations.
III. And whereas it is necessary that regulations
be made to prevent abuses in the passage from Africa, to the West Indies:
1. Be it further enacted, that the com- Slave-ships
to be exammander or lieutenant of the king's ship on ined on the
coast.
each station shall have authority, as often
as lie shall see occasion, attended with one other of
his officers, and his surgeon or mate, to enter into and
inspect every trading ship, in order to provide for the
due execution of this act, and of any ordinances made
in virtue thereof and conformable thereto by the authorities herein constituted and appointed; and thle vOL. VI. 18
? ? ? ? 274 SKETCH OF A NEGRO CODE.
said officer and officers are hereby required to examine every trading ship before she sails, and to stop the sailing of the said ship for the breach of the said
rules and ordinances, until the governor in council
shall order and direct otherwise: and the master of]
the said ship shall not presume, under the penalty of, to be recovered in the courts of the West
Ildies, to sail without a certificate from the comiander aforesaid, and one of the inspectors inll this
act appointed, that thle vessel is provided with stores
and other accommodation sufficient for her voyage,
and has not a greater number of slaves on board
than by the provisions of this act is allowed.
Governor to 2. And be it enacted, that the governor
give special
instructions. and council, with the assistance of the said
inaval commander, shall have power to give such special written instructions for the health, discipline, and care of the said slaves, during their passage, as to
them shall seem good.
Presents and 83.
And be it further enacted, that each
musical instrurrents to slave, at entering the said ship, is to receive
be provided.
some present, not exceeding in value,
to be provided according to the instructions aforesaid;
and musical instruments, according to the fashion of
the country, are to be provided.
Table of al- 4. And be it further enacted, that the.
lowances.
negroes on board the transports, and the
seamen who navigate the same, are to receive their
daily allowance according to the table hereunto annlexed, together with a certain quantity of spirits to
be mixed with their water. And it is enacted, that
the table is to be fixed, and continue for one week
after sailing, in some conspicuous part of the said
ship, for the seamen's ilspectiou of the same.
? ? ? ? SKETCH OF A NEGRO CODE. 275'. And be it enacted, that the captain of Negro superintendents to
each trading vessel shall be enabled and is be appointrequired to divide the slaves in his ship into crews of not less than ten nor more than twenty persons each, and to appoint one negro man to have
such authority severally over each crew, as according
to his judgment, with the advice of the mate and surgeon, he and they shall see good to commit to them,
and to allow to each of them some compensation, in
extraordinary diet and presents, not exceeding [ten
shillings].
6. And be it enacted, that any European Communication with reofficer or seaman, having unlawful commu- male slaves,.
how punnication with any woman slave, shall, if an ished.
officer, pay five pounds to the use of the said woman,
on landing her from the said ship, to be stopped out
of his wages, or if a seaman, forty shillings: the said
penalties to be recovered on the testimony of the
woman so abused, and one other.
7. And be it enacted, that all and every Premium to
commanders
commander of a vessel or vessels employed of slave-ships.
in slave trade, having received certificates fiom the
port of the outfit, and from the proper officers in
Africa and the West Indies, of their having conformed to the regulations of this act, and of their
not having lost more than one in thirty of their
slaves by death, shall be entitled to a bounty or
premium of [ten pounds].
IV. And whereas the condition of persons in a
state of slavery is such that they are utterly unable
to take advantage of anlly remedy which the laws may
provide for their protection and the amendment of
their condition, and have not the proper means of
? ? ? ? 276 SKETCH OF A NEGRO CODE.
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 attorneys and overseers, to
whom their grievances, whenever they suffer any,
must ordinarily be owing:
Attorney- 1. Be it therefore enacted, that his MajGeneral to be
protectorof esty's Attorney-General for the time being
negroes.
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 legroes, and inquire into the same, or to inTo inquire stitute all inquiry ex officio into any abuses,
and file informations and to call before him and examine witex oficio.
nesses upon oath, relative to the subjectmatter 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 misdemeanors or wrongs against the said negroes, or any
of them.
Power to 2. Anid it is further enacted, that in all
challenge
jurors. 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.
To appoint 3. And be it enacted, that the said At-,inspectors of
aistricts, torney-Gelneral, protector of negroes, shall
? ? ? ? SKETCH OF A NEGRO CODE;. 277
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 who are to
report to him
protector aforesaid the state and condition twiceinthe
year the
of the negroes. il their districts or on their number and
condition of
circuit severally, the number, sex, age, and the slaves.
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 pro- Instructions
to be formed
tector of negroes, by and with the consent for inspecof the governor and chief judge of each
island, shall form instructions, by which the said
inspectors shall discharge their trust inl 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 Attor- Registry.
ney-General, protector of negroes, shall appoint an
? ? ? ? 278 SKETCH OF A NEGRO CODE.
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
Ports where 6. And be it enacted, that no negroes
negroes are
to be landed. shall be landed for sale in any but the ports
Vessels to be
inspected. 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
Masters or officers, the said protector shall impose a
officers offending to fine on him or them, not exceeding - --;
be fined.
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 I 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.
? ? ? ? SKETCH OF A NEGRO CODE. 279
7. And be it enacted, that no sale of Ratesrespecting the
negroes shall be made but in the presence sale of
of an inspector, and all negroes shall be sold groe
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, an
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 Every island
to be divided
of his Majesty's islands and plantations, in into districts.
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 A church to
be built in
to be built in a convenient place, and a cem- each.
etery annexed, and an 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 Appointsaid districts shall be established a presbyter priest and
clerk.
of the Church of England as by law estab
? ? ? ? 280 SKETCH OF A NEGRO CODE.
lished, 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 Dissenters from the Church of England.
Owner to 10. And the principal overseer of each
deliver a list
of negroesto plantation is hereby required to deliver anthe minister,
and tocause nually unto the minister a list of all the
them to attend divine negroes upoIn 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 behavior of
the negroes under him, and cause them to return to
his plantation, when divine service, or administration
of sacraments, or catechism, is ended.
Minister to 11. And be it enacted, that the minister
d(irect punishment for shall have power to punish any negro for
disorderly
conduct. 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 minister, effectually
to inflict, whenever the same shall be ordered.
Spirituous 12. And be it enacted, that no spirituous
liquors not to
be sold. liquors of any kind shall be sold, except in
? ? ? ? SKETCH OF A NEGRO CODE. 281
towns, within ~ miles distance of any church, nor
within any district durirg divine service, and all hour
preceding aind an hour following the same; and the
minister of each parish shall anld is hereby authorized to act as a justice of the peace in enforcing the
said regulation.
13. And be it enacted, that every minis- Regrister of
births, buriter shall keep a register of births, burials, als,and marriages.
and marriages of all negroes and mulattoes
in his district.
14. And be it enacted, that the mlinisters Synod toassemble anof the several districts shall meet annually, nually, and to form reguoll the day of-, in a synod of lations,
the islaiid 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 LvTudon approved of, then,
and not before, the said regulations shall be held in
force to bind the said clergy, their assistants, clerks,
land schoolmasters only, and no other persons.
15. And be it enacted, that the said pres- and to report
to the Bishop
ident shall collect matter in the said assem- of London.
bly, and sha,ll 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, tlhrough the governor and
protector of negroes, to the Bishop of London.
16. And be it enacted and declared, that Bishopof
London to be
the Bishop of London for the time being patron of the
shall be patron to all and every the said
? ? ? ? 282 SKETCH OF A NEGRO CODE.
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.
and to have 17. And be it enacted, that, on misbehapower of suspending and vior, and on complaint from the said synod,
removing
ministers. 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.
Schools for 18. And be it enacted, that for every two
young negroes. ditsricts 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,
three-pence 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
Extraordi- in four years in any of the other islands)
nary abilities
to be ecour- do show a remarkable aptitude for learning,
aged. and
the said protector is hereby authorized and
? ? ? ? SKETCH OF A NEGRO CODE. 283
airected 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 negi'o 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 behavior and employment.
20. And it is hereby enacted and pro- Negroesof
Dissenters;
vided, 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 t, the exercise of religion according to the
? ? ? ? 284 SKETCH OF A NEGRO CODE.
their mar- Church of England: provided always, that
riages, &c. ,
to be regis- the marriages of the said negroes belonging
tered.
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.
Regulations 21. And whereas a state of matrimony,
concernlling
marriage. 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.
Concerning 22. And be it enacted, that, from and afthe same.
ter the of, all negro men in
an 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 persons shall be married publicly in
the face of the church.
Concerning 23. And be it enacted, that, if any negro
the same.
shall refuse a competent marriage tendered
to him, and shall not demand another specifically,
such as it may be in his master's power to provide,
? ? ? ? SKETCH OF A NEGRO CODE. 285
the master or overseer shall be authorized to constrain
him by an increase of work or a lessening of allowance.
24. And be it enacted, that the minister Adultery,
&c. , how
in each district shall have, with the assent to be punof the inspector, full power and authority
to punish all acts of adultery, unlawful concubinage,
and fornication, amongst negroes, on hearing and a
summary process, by ordering a number of blows,
not exceeding, for each offence; and if any
white person shall be proved, on information in the
supreme court, to be exhibited by the protector of
negroes, to have committed adultery with any negro
woman, or to have corrupted any negro woman under
sixteen years of ago, he shall be fined in the sum of, and shall be forever disabled from serving the office of overseer of negroes, or being attorney to
any plantation.
25. And be it enacted, that no slaves Concerning
shall be compelled to do any work for their
masters for' [three] days after their marriage.
26. And be it enacted, that no woman Concerning
pregnant
shall be obliged to field-work, or any other women.
laborious work, for one month before her delivery, or
for six weeks afterwards.
27. And be it enacted, that no husband Separation
of husband
and wife shall be sold separately, if original- and wife,
and chilly belonging to the same master; nor shall dren, to be
avoided.
any children under sixteen be sold separately from their parents, or one parent, if one be
living.
28. And be it enacted, that, if an husband Concerning
the same.
and wife, which before their intermarriage
belonged to different owners, shall be sold, they shall
? ? ? ? 286 SKETCH OF A NEGRO CODE.
not be sold at such a distance as to prevent mutual
help and cohabitation; and of this distance the minister shall judge, and his certificate of the inconvenient distance shall be valid, so as to make such sale unlawful, and to render the same null and void.
Negroes not 29. And be it enacted, that no negro
to work on
Saturday shall be compelled to work for his owner at
Sunday. field-work, or any service relative to a plantation, or to work at any handicraft trade, from eleven o'clock on Saturday forenoon until the usual working
hour on Monday morning.
Other cases 30. And whereas habits of industry and
of exemption
from labor. sobriety, and the means of acquiring and
preserving property, are proper and reasonable preparatives to freedom, and will secure against an
abuse of the same: Be it enacted, that every negro
man, who shall have served ten years, and is thirty
years of age, and is married, and has had two children born of any marriage, shall obtain the whole of Saturday for himself and his wife, and for his own
benefit, and after thirty-seven years of age, the whole
of Friday for himself and his wife: provided that in
both cases the minister of the district and the inspector of negroes shall certify that they know nothing against his peaceable, orderly, and industrious behavior.
Huts and 31. And be it enacted, that the master
land to be
armpopri- of every plantation shall provide the materials of a good and substantial hut for each
married field negro; and if his plantation shall exceed
acres, he shall allot to the same a portion of
land not less than: and the said hut and land
shall remain and stand annexed to the said negro,
for his natural life, or during his bondage; but the
? ? ? ? SKETCH OF A NEGRO CODE. 287
same shall not be alienated without the consent of
the owners.
32. And be it enacted, that it shall not Property
of negroes
be lawful for the owner of any negro, by secured.
himself or any other, to take from him any land,
house, cattle, goods, or money, acquired by the said
negro, whether by purchase, donation, or testament,
whether the same has been derived from the owner
of the said negro, or any other.
33. And be it enacted, that, if the said negro shall
die possessed of any lands, goods, or chattels, and
dies without leaving a wife or issue, it shall be lawful for the said negro to devise or bequeath the same by his last will; but in case the said negro shall die
intestate, and leave a wife and children, the same
shall be distributed amongst them, according to the
usage under the statute, commonly called the Statute of Distributions; but if the said negro shall die intestate without wife or children, then, and in that
case, his estate shall go to the fund provided for the
better execution of this act.
34. And be it enacted, that no negro, who is married, and hath resided upon any plantation for twelve months, shall be sold, either privately or by the decree of any court, but along with the plantation on which lhe hath resided, unless he should himself request to be separated therefrom.
35. And be it enacted, that no blows or Of th
punishment
stripes exceeding thirteen shall be inflicted of egrres.
for one offence upon any negro, without the order
of one of his Majesty's justices of peace.
36. And it is enacted, that it shall be Of thesame.
lawful for the protector of negroes, as often as on
complaint and hearing he shall be of opinion that
? ? ? ? 288 SKETCH OF A NEGRO CODE.
any negro hath been cruelly and inhumanly treated,
or when it shall be made to appear to him that an
overseer hath any particular malice, to order, at the
desire of the suffering party, the said negro to be
sold to another master.
37. And be it enacted, that, in all cases of injury
to member or life, the offences against a negro shall
be deemed and taken to all intents and purposes
as if the same were perpetrated against any of his
Majesty's subjects; and the protector of negroes, on
complaint, or if he shall receive credible information thereof, shall cause an indictment to be presented for the same; and ill case of suspicion of any
murder of a negro, an inquest by the coroner, or
officer acting as such, shall, if practicable, be held
into the same.
Ofthe man- 38. And in order to a gradual malnumisUmission of
negroes. sion of slaves, as they shall seem fitted to
fill the offices of freemen, be it enacted, that every
negro slave, being thirty years of age and upwards,
and who has had three children born to him il lawful matrimony, and who hath received a certificate
from the minister of his district, or any other Christian teacher, of his regularity ill the duties of religion, and of his orderly and good behavior, may purchase, at rates to be fixed by two justices of peace, the freedom of himself, or his wife or children, or
of any of them separately, valuing the wife and clildren, if purchased into liberty by the father of tlle
family, at half only of their marketable values: provided that the said father shall bind himself in a
penalty of for the good behavior of his children.
Of the same.
