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Whether further observation will or will not verify the conjecture, that nature has been less" bountiful to them in the endowments of the head, I believe that in those of the heart she will be found to have done them justice. That disposition to theft with which they have been branded, must be ascribed to their situation, and not to any depravity of the moral sense... The man, in whose favor no laws of property exist, probably feels himseif less bound to respect those made in favor of others. When arguing for ourselves, we lay it down as a fundamental, that laws, to be just, must give a reciprocation of right; that, without this, they are mere arbitrary rules of conduct, founded in force, and not in conscience and it is a problem which I give to the master to solve, whether the religious precepts against the violation of property were not framed for him as well as his slave? And whether the slave may not as justifiably take a little from one, who has taken all from him, as he may slay one who would slay him? That a change in the relations in. which a man is placed should change his ideas of moral right or wrong, is neither new, nor peculiar to the color of the blacks. Homer tells us it was so 2600 years ago.

'Emisu, ger l'aretes appoainutai euruopa Zeus
Haneros, eut an min kata doulion ema elesin.
Odd. 17-323.

Jove fix'd it certain, that whatever day
Makes man a slave, takes half his worth away.

But the slaves of which Homer speaks were whites. Notwithstanding these considerations

which must weaken their respect for the laws of property, we find among them numerous instances of the most rigid integrity, and as many as among their better instructed masters, of benevolence, gratitude, and unshaken fidelity.... The opinion, that they are inferior in the faculties of reason and imagination, must be hazarded with great diffidence. To justify a general conclusion, requires many observations, even where the subject may be submitted to the anatomical knife, to optical classes, to analysis by fire, or by solvents. How much more then where it is a faculty, not a substance, we are examining; where it eludes the research of all the senses; where the conditions of its existence are various and variously combined; where the effects of those which are present or absent bid defiance to calculation; let me add too, as a circumstance of great tenderness, where our conclusion would degrade a whole race of men from the rank in tne scale of beings which their Creator may perhaps have given them. To our reproach it must be said, that though for a century and a half we have had under our eyes the races of black and red men, they have never yet been viewed by us as subjects of natural history. I advance it therefore as a suspicion only, that the blacks, whether originally a distinct race, or made distinct by time and circumstances, are inferior to the whites in the endowments both of body and mind. It is not against experience to suppose, that different species of the same genus, or varieties of the same species may possess different qualifications. Willnot a lover of natural history then, one who views

the gradations in all the races of animals with the eye of philosophy, excuse an effort to keep those in the department of man. as distinct as nature has formed them? This unfortunate difference of colour, and perhaps of faculty, is a powerful obstacle to the emancipation of these people. Many of their advocates, while they wish to vindicate the liberty of human nature are anxious also to preserve its dignity and beauty. Some of these, embarrassed by the question What further is to be done with them?" join themselves in opposition with those who are actuated by sordid avarice only. Among the Romans emancipation required but one effort. The slave, when made free, might mix with without staining the blood of his master. But with us a second is necessary, unknown to history. When freed, he is to be removed beyond the reach of mixture.

The revised code further proposes to proportion crimes and punishments. This is attempted on the following scale.

50.

I.

Crimes whose punishment extend to LIFE.

Labor VI. years

4. Asportation of vessels.

Labor V. years

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2. Sodomy.

3. Maiming. Disfiguring.

Dismemberment.

Retaliation, and the forfeiture of half of the lands and goods to the sufferer.

III. Crimes punishable by LABOR. 1. Manslaughter, ist offence. 2. Counterfeiting money

3. Arson

Labor VII. years for the public. Forfeiture of half, as in murder.

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1. High treason.

Death by hanging. Forfeiture of lands and goods to the commonwealth.

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Death by hanging. Dissection. Forfeiture of half the lands and goods to the representatives of the By poison. Death by poison. Forfeiture of one-half, as before.

2.

In duel. Death by hanging. Gibbeting, if the challenger.

[party slain.

[monwealth.

3. In any other way.

Forfeiture of one-half as before, unless it be the party challenged, then the forfeiture is to the comDeath by hanging. Forfeiture of one-half as before.

The second offence is murder.

II.

Forfeiture of lands and goods to the commonwealth.

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Labor I. year.

II Pretensions to witchcraft,

&c. Ducking

Reparation. Pillory. Stripes.

12. Excusable homocide

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Pardon and privilege of clergy are proposed to be abolished; but if the verdict be against the defendant, the court in their discretion, may allow a new trial. No attainder to cause a corruption of blood, or forfeiture of dower. Slaves guilty of offences punishable in others by labour, to be transported to Africa, or elsewhere, as the circumstances of the time admit, there to be continued in slavery. A rigorous regimen proposed for those condemned to labour.

Another object of the revisal is, to diffuse knowledge more generally through the mass of the people. This bill proposes to lay off every county into small districts of five or six miles square, called hundreds, and in each of them to establish a school for teaching reading, writing, and arithmetic. The tutor to be supported by the hundred, and every person in it entitled to send their children three years gratis, and as much longer as they please, paying for it. These schools to be under a visitor who is annually to choose the boy, of best genius in the school, of those whose parents are too poor to give them further education, and to send him forward to one of the grammar schools, of which twenty are proposed to be erected in different parts of the country, for teaching Greek, Latin, Geography, and the higher branches of numerical arithmetic. Of the boys thus sent in one year, trial is to be made at the grammar schools one or two years, and the best genius of the whole selected, and continued six years, and the residue dismissed. By this means twenty of the best geniusses will be raked from the rubbish annually, and be instructed, at the public expence, so far as the grammer schools go.

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