FIRST PRINTED IN LONDON.

MDCCLXIX.

CONTENTS.

_The occasion of this Treatise. All Persons during their residence in_ Great Britain _are subjects; and as such, bound to the laws, and under the Kings protection. By the English laws, no man, of what condition soever, to be imprisoned, or any way deprived of his_ LIBERTY, _without a legal process. The danger of_ Slavery _taking place in England.

Prevails in the Northern Colonies, notwithstanding the people's plea in favour of_ Liberty. _Advertis.e.m.e.nts in the New-York Journal for the sale of_ SLAVES. _Advertis.e.m.e.nts to the same purpose in the public prints in England. The danger of confining any person without a legal warrant.

Instances of that nature. Note, Extract of several American laws, Reflexions thereon._

EXTRACT, &C.

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

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

Page 20. An English subject cannot be made a slave without his own free consent: but--a foreign slave is made a subject with or without his own consent: there needs no contract for this purpose, as in the other case; nor any other act or deed whatsoever, but that of his being landed in England; For according to statute 32d of Henry VIII. c. 16. Sect. 9.

"_Every alien or stranger born out of the King's obeisance, not being denizen, which now or hereafter shall come into this realm, or elsewhere within the King's dominions, shall, after the said first of September next coming, be bounden by and unto the laws and statutes of this realm, and to all and singular the contents of the same._"

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

This binding, or obligation, is properly expressed by the English word _ligeance, (a ligando_) which may be either perpetual or temporary.

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

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

This act is expressly intended for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas. It contains no distinction of "_natural born, naturalized, denizen, or alien subject; nor of white or black, freemen, or even of bond-men_,"

(except in the case already mentioned _of a contract in writing_, by which it shall appear, _that the said slave has voluntarily bound himself, without compulsion or illegal duress_, allowed by the 13th Sect. and the exception likewise in the 14th Sect. concerning felons) but they are all included under the general t.i.tles of "_the subject, any of the said subjects, every such person_" &c. Now the definition of the word "_person_," in its relative or civil capacity (according to Wood.

b. I. c. 11. p. 27.) _is either the King, or a subject_. These are the _only capital distinctions_ that can be made, tho' the latter consists of a variety of denominations and degrees.

But if I were even to allow, that a _Negroe slave_ is not a subject, (though I think I have clearly proved that he is) yet it is plain that such an one ought not to be denied the benefit of the King's court, unless the slave-holder shall be able to prove likewise that he is not, a _Man_; because _every man_ may be _free_ to sue for, and _defend his right in our courts_, says a stat. 20th Edw. III. c. 4. and elsewhere, according to law. And _no man, of what estate or condition_ that he be, (here can be no exception whatsoever) _shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law_. 28th Edw.

III, c. 3, _No man_ therefore, _of what estate or condition that he be_, can lawfully be detained in England _as a slave_; because we have no law whereby a man _may be_ condemned to _slavery_ without his own consent, (for even convicted felons must "_in open court pray to transported_.") (See Habeas Corpus act, Sect. 14.) and therefore there cannot be any "_due process of the law_" tending to so base a purpose. It follows therefore, that every man, who presumes to detain _any person_ whatsoever as a slave, otherwise than by virtue of a written contract, acts manifestly without "_due process of the law_," and consequently is liable to the slave's "_action of false imprisonment_," because "_every man may be free to sue_," &c. so that the slave-holder cannot avail himself of his imaginary _property_, either by the a.s.sistance of the common law, or of a court of equity, (_except it appears that the said slave has voluntarily bound himself, without compulsion or illegal duress_) for in both his suit will certainly appear both unjust and indefensible. The former cannot a.s.sist him, because the statute law at present is so far from supposing any man in a state of slavery, that it cannot even permit such a state, except in the two cases mentioned in the 13th and 14th Section of the Habeas Corpus act; and the courts of equity likewise must necessarily decide against him, because his mere mercenary plea of _private property_ cannot equitably, in a case between _man and man_, stand in compet.i.tion with that _superior property_ which every man must necessarily be allowed to have in his own _proper person_.

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

--I have before observed, that the general term, "_every alien_,"

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

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

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

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

See the account of the European settlements in America, Part VI. Chap.

11. concerning the "_misery of the Negroes, great waste of them_," &c.

which informs us not only of a most scandalous profanation of the Lord's day, but also of another abomination, which must be infinitely more heinous in the sight of G.o.d, viz. oppression carried to such excess, as to be even destructive of the human species.

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

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

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

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

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

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

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

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

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

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

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

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

"_Horses, Tim Wisky, and black Boy_, To be sold at the Bull and Gate Inn. Holborn, _A very good Tim Wisky_, little the worse for wear, &c."

Afterwards, "_A Chesnut Gelding_;" then, "_A very good grey Mare_;" and last of all, (as if of the least consequence) "_A well-made good-tempered black Boy_, he has lately had the small-pox, and will be sold to any gentleman. Enquire as above."

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

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

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

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

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

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

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

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

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

If such a toleration should ever be generally admitted in England, (which G.o.d forbid) we shall no longer deserve to be esteemed a civilized people; because, when the customs of uncivilized nations, and the _uncivilized customs which disgrace our own colonies_, are become so familiar as to be permitted amongst us with impunity, we ourselves must insensibly degenerate to the same degree of baseness with those from whom such bad customs were derived; and may, too soon, have the mortification to see the _hateful extremes of tyranny and slavery fostered under every roof_.

Then must the happy medium of a well regulated liberty be necessarily compelled to find shelter in some more civilized country: where social virtue, and that divine precept, "_Thou shalt love thy neighbour as thyself_," are better understood.