Page images
PDF
EPUB

No. 1. Copy of the Confolidating A&t relating to Slaves, and giving them further Protection and Security, &c.; dated 11th May 1797

PP. 3 to 15. B.

No. 2. Copy of a Letter from Governor Dowdeswell to the Duke of Portland; dated 9th December

[ocr errors]

P. 16. B. No. 3. Return of Slaves, &c. in the Island of New Providence; dated 2d April

1801

[ocr errors]

P. 17. B.

B.

BAHAMA ISLAND S.

(Copy.)

An Act to confolidate and bring into one Act, the feveral
Laws relating to Slaves, and for giving them further
Protection and Security; for altering the Mode of Trial
of Slaves charged with capital Offences; for fufpending
the feveral Acts and claufes of Acts therein mentioned;
and for other Purposes.

Certain Laws fufpended for

and during the continu

WHEREAS it is expedient that the Laws which have been enacted for the Preamble. government of Slaves fhould be confolidated and brought into one Act; that fome further provisions should be made for their protection; and that the mode of trying Slaves charged with capital offences fhould be altered and regulated, as nearly as local circumstances will admit, according to the rules of the common Law; May it therefore please your Majefty, that it may be enacted, and be it enacted by his honour John Forbes, efquire, your Majefty's Lieutenant-Governor and Commander in Chief, the Council and Affembly of your Bahama Islands, and it is hereby enacted and ordained by the authority of the fame, that from and after the paffing of this Act, all and every the hereinafter mentioned Laws and claufes, and parts of Laws, fo far forth as the fame do relate to Negro or other Slaves, be and the fame are hereby fufpended for and during the continuance of this Act, any thing in the faid Laws and claufes of Laws, or in any other Law to the contrary notwithstanding; that is to fay, an Act, paffed in the seventh year of your Majesty's reign, intituled, "An Act for governing of Negroes, Mulattoes, and Indians;" alfo one other Act, paffed Act. in the eighth year of your Majefty's reign, intituled, "An Act for fufpending a claufe in an Act, intituled, "An Act for governing of Negroes, Mulattoes, and Indians, and for amending the faid Act," alfo one other Act, paffed in the twentieth year of your Majefty's reign, intituled, " An Act for fufpending parts of certain Claufes and amending other Claufes in an Act, intituled, An Act for governing Negroes, Mulattoes, and Indians;" alfo one other Act, paffed in the year last aforefaid, intituled, "An Act for governing Negroes, Mulattoes, Muftees, and Indians, and for fufpending feveral Acts therein mentioned;" alfo one other Act, paffed in the fame year laft aforefaid, intituled, "An Act to amend a Claufe in an Act paffed in the feventh year of His prefent Majefty's reign, intituled, An A&t for governing Negroes, Mulattoes, and Indians."

2. And whereas it is due to good policy as well as to humanity and juftice, that the condition of Slaves fhould be rendered as comfortable as poffible, by fupplying them with good, wholefome, and fufficient provifions, with proper cloathing and other neceffaries, and it is expedient that the fame fhould be regulated by Law; be it enacted, That the Mafter, Owner, or Poffeffor of every plantation, pen, or other lands whatfoever within thefe iflands, fhall provide and give to every Slave above the age of ten years, at and after the rate of one peck of unground Indian or Guinea corn, or twenty-one pints of wheat flour, or feven quarts of rice, fifty-fix pounds of potatoes, cocoes, or yams per week, over and above a fufficient quantity of land, as and for the proper ground of every fuch Slave, and one-half of the aforefaid allowance to each child below the aforefaid age of ten years.

[blocks in formation]

3. And

ance of this

Slaves, their provifions regulated and eitablished.

[blocks in formation]

3. And be it further enacted by the authority aforefaid, That no Mafter, Owner, or Poffeffor of any Slave, whether in his or her own right, or as Attorney, Guardian, Trustee, Executor, or otherwife, fhall difcard or turn away any fuch Slave by reafon of fuch Slave being rendered incapable of labour by fickness, age, or infirmity, but every Mafter, Owner, or Poffeffor, fhall be and he is hereby obliged to keep every fuch fick, infirm, difabled, or fuperannuated Slave on his eftate or premifes, and to find and provide fuch Slave with wholesome neceffaries of life, and not to fuffer fuch Slave to be in want thereof, or to wander about and become burthenfome to others, under the penalty of ten pounds for every offence, to be recovered in a fummary manner before any two Juftices of the Peace, who are hereby authorized and required to cause any Master, Owner, or Poffeffor offending in the premises, or his, her, or their Attorney or Agent, and fuch other Perfons as they shall judge neceffary to be summoned before them, to enable them to judge of the juftice of any fuch charge, and to determine whether fuch Master, Owner, or Poffeffor ought to incur the aforefaid penalty; and in the mean time and until fuch trial can be had, the faid Juftices of the Peace, on their view, or on the information of any white perfon on oath, are hereby required to take up any fuch wandering, fick, aged, or infirm Slave, and to lodge him or her in the nearest workhoufe or other place of fecurity, there to be clothed and fed, but not compelled to work, at the expence of fuch Mafter, Owner, or Poffeffor, until fuch trial aforefaid can be had; and if it fhall appear to the faid Juftices upon fuch trial that the party or parties complained of is or are guilty of the offence alledged, and he, she, or they, fhall refufe to pay the faid penalty, together with the workhouse fees and charges of conviction, the faid Juftices are hereby authorized and required to commit fuch offender or offenders to the next common gaol, there to remain until he, fhe, or they, fhall pay the fame.

The Veftry to lay a tax

4. And whereas by reafon of deaths or removals of Proprietors of Slaves, of their being manumitted without any fuitable provifion being made for their maintenance, and from other caufes, fome unhappy objects, rendered unable to labour by disease, old age, or other means, have become burthenfome to the inhabitants; for remedy whereof, be it further enacted by the authority aforefaid, That it shall and may be lawful for the Veftries of the feveral parishes and islands once in every upon the inhabitants once year to lay a tax upon the inhabitants in the fame manner as the parochial in every year, for the pur- taxes are ufually laid, for the purpofe of raifing fuch fum as they fhall pofe of raifing a fum for judge neceffary for the maintenance, cloathing, medical care, and attendthe maintenance of fuch ance, of all fuch Negro, Mulatto, or other Slaves, or other unhappy Negroes, and who from the deaths or removals of objects; and any two Juftices of the Peace are hereby authorized and Proprietors thereof, of their required, upon application being made to them, to order all fuch being manumitted, without objects as aforefaid to be removed and conveyed to the workhouse of any fuitable provifion being the parish, where (if a Slave) the former Owner or Owners, Proprietor or Proprietors lived or refided, or (if a perfon of colour made free) where the perion or perfons who manumitted or fet free fuch person of colour refided before his or her manumiffion, there to be lodged and taken care of; and the Juftices of the Peace, and Veftries of the feveral iflands and parishes, are hereby authorized and required from time to time to make fuch humane regulations for the purposes aforefaid, as to them shall feem neceffary and expedient.

made for the maintenance of the fame.

5. And be it further enacted by the authority aforefaid, That every Mafter or Owner fhall provide and give to every Slave in his or her poffeffion, two fuits of proper and fufficient cloathing in the course of every year, under the penalty of fifty pounds for each offence.

Every Mafter or Owner of Slaves fhall give them two fuits of clothes every year, under penalty of £50. Every Mafter 6. And be it further enacted by the authority aforefaid, That all Masters and or Owner of Owners, or in their abfence their Overfeers, fhall, as much as in them lies, endeavour Negroes thall inftruct them to inftruct their Slaves in the Chriftian Religion, and fhall do their endeavours to fit in the Chri- them for Baptifm, and as foon as conveniently may be, fhall caufe to be baptized all tian religion. fuch Slaves as they can make fenfible of a Deity and of the Christian faith.

No Slave to

7. And be it further enacted by the authority aforefaid, That any Master, Owner, be mutilated. or other perfon whatfoever, who fhall wilfully mutilate any Slave, or caufe, permit,

or

or fuffer any Slave to be mutilated with his or her privity or confent, fhall be liable to be indicted and profecuted in the General Court for the fame, and upon conviction shall be punished by fine not exceeding one hundred pounds, and imprifonment not exceeding twelve months for every offence, and fuch punishment is declared to be without prejudice to any action that could or might be brought by the Owner or Proprietor for recovery of damages for or on account of the fame; and in cafes where the Owner of any fuch Slave shall be guilty of any fuch offence, it shall and may be lawful for the Court, if it shall seem neceffary for the future protection of fuch Slave, to declare him or her to be free and difcharged from all manner of fervitude, to all intents and purposes whatever; and in all fuch cases it fhall and may be lawful for the Court to order the fine to be paid to the Veftry of the parifh to which fuch Slave belonged, to the ufe of the faid parish, the Veftry in confideration thereof paying to fuch Slave fo made free an annuity of ten pounds during life; and in cafe any Slave or Slaves fhall fuffer fuch mutilation as aforefaid, any Juftice of the Peace is hereby authorized and required, on view of the fact, to fend fuch Slave to the nearest workhouse, there to be kept and carefully attended at the expence of the parish, until fuch time as there can be a meeting of the Juftices and Veftry of fuch Parish, which Juftices and Vestry are hereby created a Council of Protection for fuch Slaves, and are authorized and required to make full enquiry refpecting the mutilation of fuch Slave; and if to them it fhall appear proper fhall caufe the Owner or Owners of fuch mutilated Slave to be indicted and profecuted, the expences of which profecution fhall be paid by the parish where fuch offence fhall be committed; and in cafe the Owner or Owners of fuch Slave or Slaves fhall be able to pay the cofts and charges of fuch profecution, the Churchwardens and Veftry are hereby required to commence a fuit or fuits againft fuch Owner or Owners, in which they fhall recover all cofts and charges by them laid out and expended in fuch criminal profecution and civil action; and the Keeper of the workhoufe to which any fuch Slave has been committed is hereby required, upon due notice of the meeting of fuch Juftices and Veftry, to produce fuch mutilated Slave or Slaves for their infpection, under the penalty of twenty pounds for every neglect.

8. And be it further enacted by the authority aforefaid, That it shall not be lawful for any Court or Juftice to pass any fentence whereby any Slave fhall be directed to be mutilated or maimed for any offence

whatever.

No Court or Justice to pass any fentence whereby any Slave fhall be di

rected to be mutilated

Slave, or

9. And be it further enacted by the authority aforefaid, That if any Perfon fhall Any perfon wilfully and with malice aforethought, kill, or caufe to be killed any Negro or other killing a Slave, every fuch Perfon fhall be adjudged guilty of felony and murder, and fall fuffer death without benefit of Clergy; provided always, that no fuch conviction fhall extend to the corruption of blood, or the forfeiture of lands or tenements, goods or chattels; any law, cuftom, or ufage to the contrary notwithstanding.

fame to be done, fhall be

confidered murderers.

Icth. And be it further enacted by the authority aforefaid, That if any perfon Perfons anyfhail wantonly or cruelly whip, maltreat, beat, bruife, wound, imprifon, or keep wife ill-treatin confinement, without fufficient fupport, any Slave or Slaves, he, he, or they fubject to be ing Slaves fhall be fubject to be indicted for the fame in the General Court, and fhall fuffer indicted in fuch punishment by fine or imprisonment, or both, as the Court fhall think proper the General to infict; and fuch punishment is declared to be without prejudice to any action that Cour, &c. may be brought for recovery of damages, in cafe fuch Slave fhall not be the property of the offender.

No Slave fhall receive more than 20

lashes at any

11. And in order to reftrain arbitrary punishments, be it further enacted by the authority aforefaid, That no Slave fhall on any account receive more than twenty lathes at any one time, or for any one offence, unless the Owner or Employer of fuch Slave or Supervisor of the workhoufe or Keeper of the gaol fhall be prefent; and that no one time, or fuch Owner, Employer, or Supervifor, or Goal-keeper, fhall on any account punifh for any one a Slave with more than 39 lashes at one time, and for one offence, nor inflict or crime, &c. fuffer to be inflicted any fecond punithment on the fame day, nor until the delinquent 2 B

119.

fhall

Owners of Slaves committing them to gaol, the Provet Mar

fhal autho

rized to re

ceive them,

&c.

Affixing iron collars with projecting

bars on the necks of

ful.

shall have recovered from the effects of any former punishment, under the penalty of ten pounds for every offence.

12. And whereas it is customary for Owners to commit their Slaves to the common gaol for flight offences, which are no: punishable by this Act; be it therefore enacted, That in all cafes where any Owner or Poffeffor of a Slave fhall fend him or her to gaol for any fuch trivial offence, the Provoft Marshal, or his deputy or gaoler, fhall forthwith take and receive fuch Slave into cuftody, and him or her fafely keep until releafed by the Owner; and fhall receive for his trouble three fhillings, together with one fhilling for every day fuch Slave fhall have remained in gaol, provided fuch Slave fhall have been maintained by the Provost Marshal.

13. And whereas a mifchievous practice hath prevailed in fome of the Colonies, of punishing ill-difpofed Slaves, and fuch as are apt to abfcond from their Owners, by fixing iron collars with projecting bars or hooks round their necks; be it enacted and declared, That fuch practice is utterly unlawful, and that no perfon fhall on any Slaves unlaw- account whatever punifh any Negro or other Slave, whether his own property or otherwife, by fixing or caufing to be fixed any iron or other collar round the neck of fuch Slaves, or by loading the body or limbs of fuch Slaves with chains, irons, or weights of any kind, other than fuch as are abfolutely neceffary for fecuring the perfon of fuch Slave while in confinement, under the penalty of fifty pounds; and any Juftice of the Peace is hereby empowered, authorized, and required, on information or view of fuch offence, to order fuch collar, chains, irons, or weights, to be immediately taken off, under the penalty of one hundred pounds for every neglect or refufal.

Christmas, holiday allowed to Slaves.

14. And be it further enacted by the authority aforefaid, That every Slave within these Islands fhall be ailowed the usual number of Christmas holidays, to wit, Christmas day, and the two following working days.

Overfeers abfenting themfelves from their Plantations on Christmas holidays, without leave of their Employers, to forfeit .5. per

day.

An account of the deaths

and births of Slaves on

each Plantation to be given

in upon oath to the Church

wardens annually.

15. And be it further enacted by the authority aforefaid, That every Overfeer who fhall abfent himself from the eftate under his care or management on any of the aforefaid holidays, without leave of his Employers, fhall for every fuch offence forfeit the fum of five pounds. for each day.

16. And be it further enacted by the authority aforefaid, That on the first day of January which will be in the year of our Lord 198, and on the first day of January in every fucceeding year, or within thirty days after the Owner, Manager, or Overfeer of every plantation or settlement within thefe Iflands, fhall give in upon oath to the Churchwardens and Veftry of the parish, an account of all the births and deaths of the Slaves of fuch plantation or fettlement, under the penalty of fifty pounds, to be recovered from the Owner of fuch plantation or fettlement.

fuch account fhall be

of

[ocr errors]

If the not giving in of 17. And be it further enacted by the authority aforesaid, That if the through neglect, to be not giving in fuch account fhall be owing to the neglect of any Overfeer flopped out of the wages or Manager, it fhall and may be lawful for the Owner, Proprietor, or the Overfeer neglecting the Poffeffor of fuch plantation or fettlement, to ftop and detain the penalty which he or she fhall be compelled to pay, together with his or her cofts and charges, out of the wages of fuch Manager or Overseer.

fame.

No Slaves fhall leave

their Owner's plantation without a ticket from them.

18. And whereas it is abfolutely neceffary that Slaves fhould be kept in due obedience to their Owners, and in proper fubordination to the White Inhabitants in general, that opportunities of committing rebellious confpiracies fhould as much as poffible be taken away, and that adequate punishments fhould be appointed for all crimes committed by Slaves, be it further enacted by the authority aforefaid, That no Slave (fuch only excepted as are going with firewood, grafs, fruit, provisions, or small stock, and other goods which they may lawfully fell, to market, and returning therefrom) fhall hereafter be fuffered to go out of his or her Master's or Owner's plantation or fettlement, or to travel from one place to another, unless fuch Slave shall have a

ticket,

« PreviousContinue »