The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)

A

LETTER

TO

THE RIGHT HON. HENRY DUNDAS,

ONE OF HIS MAJESTY'S PRINCIPAL SECRETARIES OF STATE.

WITH THE

SKETCH OF A NEGRO CODE.

1792

Dear Sir,—I should have been punctual in sending you the sketch I promised of my old African Code, if some friends from London had not come in upon me last Saturday, and engaged me till noon this day: I send this packet by one of them who is still here. If what I send be, as under present circumstances it must be, imperfect, you will excuse it, as being done near twelve years ago. About four years since I made an abstract of it, upon which I cannot at present lay my hands; but I hope the marginal heads will in some measure supply it.

If the African trade could be considered with regard to itself only, and as a single object, I should think the utter abolition to be on the whole more advisable than any scheme of regulation an reform. Rather than suffer it to continue as it is, I heartily wish it at an end. What has been lately done has been done by a popular spirit, which seldom calls for, and indeed very rarely relishes, a system made up of a great variety of parts, and which is to operate its effect in a great length of time. The people like short methods; the consequences of which they sometimes have reason to repent of. Abolition is but a single act. To prove the nature of the trade, and to expose it properly, required, indeed, a vast collection of materials, which have been laboriously collected, and compiled with great judgment. It required also much perseverance and address to excite the spirit which has been excited without doors, and which has carried it through. The greatest eloquence ever displayed in the House has been employed to second the efforts which have been made abroad. All this, however, leads but to one single resolve. When this was done, all was done. I speak of absolute and immediate abolition, the point which the first motions went to, and which is in effect still pressed; though in this session, according to order, it cannot take effect. A remote, and a gradual abolition, though they may be connected, are not the same thing. The idea of the House seems to me, if I rightly comprehend it, that the two things are to be combined: that is to say, that the trade is gradually to decline, and to cease entirely at a determinate period. To make the abolition gradual, the regulations must operate as a strong discouragement. But it is much to be feared that a trade continued and discouraged, and with a sentence of death passed upon it, will perpetuate much ill blood between those who struggle for the abolition and those who contend for an effectual continuance.

At the time when I formed the plan which I have the honor to transmit to you, an abolition of the slave trade would have appeared a very chimerical project. My plan, therefore, supposes the continued existence of that commerce. Taking for my basis that I had an incurable evil to deal with, I cast about how I should make it as small an evil as possible, and draw out of it some collateral good.

In turning the matter over in my mind at that time and since, I never was able to consider the African trade upon a ground disconnected with the employment of negroes in the West Indies, and distinct from their condition in the plantations whereon they serve. I conceived that the true origin of the trade was not in the place it was begun at, but at the place of its final destination. I therefore was, and I still am, of opinion that the whole work ought to be taken up together, and that a gradual abolition of slavery in the West Indies ought to go hand in hand with anything which, should be done with regard to its supply from the coast of Africa. I could not trust a cessation of the demand for this supply to the mere operation of any abstract principle, (such as, that, if their supply was cut off, the planters would encourage and produce an effectual population,) knowing that nothing can be more uncertain than the operation of general principles, if they are not embodied in specific regulations. I am very apprehensive, that, so long as the slavery continues, some means for its supply will be found. If so, I am persuaded that it is better to allow the evil, in order to correct it, than, by endeavoring to forbid what we cannot be able wholly to prevent, to leave it under an illegal, and therefore an unreformed existence. It is not that my plan does not lead to the extinction of the slave trade, but it is through a very slow progress, the chief effect of which is to be operated in our own plantations, by rendering, in a length of time, all foreign supply unnecessary. It was my wish, whilst the slavery continued, and the consequent commerce, to take such measures as to civilize the coast of Africa by the trade, which now renders it more barbarous, and to lead by degrees to a more reputable, and, possibly, a more profitable connection with it, than we maintain at present.

I am sure that you will consider as a mark of my confidence in yours and Mr. Pitt's honor and generosity, that I venture to put into your hands a scheme composed of many and intricate combinations, without a full explanatory preface, or any attendant notes, to point out the principles upon which I proceeded in every regulation which I have proposed towards the civilization and gradual manumission of negroes in the two hemispheres. I confess I trust infinitely more (according to the sound principles of those who ever have at any time meliorated the state of mankind) to the effect and influence of religion than to all the rest of the regulations put together.

Whenever, in my proposed reformation, we take our point of departure from a state of slavery, we must precede the donation of freedom by disposing the minds of the objects to a disposition to receive it without danger to themselves or to us. The process of bringing free savages to order and civilization is very different. When a state of slavery is that upon which we are to work, the very means which lead to liberty must partake of compulsion. The minds of men, being crippled with that restraint, can do nothing for themselves: everything must be done for them. The regulations can owe little to consent. Everything must be the creature of power. Hence it is that regulations must be multiplied, particularly as you have two parties to deal with. The planter you must at once restrain and support, and you must control at the same time that you ease the servant. This necessarily makes the work a matter of care, 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 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 much 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.

I. The rules for qualifying a ship for the African 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. The 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 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:

Ships to be registered.Be it therefore enacted, that every ship or trading vessel which is intended for the 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:

Measured and surveyed.1. The same entry and register shall contain an account of the greatest number of 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,) 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.

Number of slaves limited.2. And be it enacted, that no ship employed 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 thereof.5. And be it enacted, that no ship shall be permitted to proceed on the said voyage or adventure, until the searcher of the port from whence the said vessel shall sail, or such person as he shall appoint to act for him, shall report to the collector that he hath inspected the said stores, and that the ship is accommodated and provided in the manner hereby directed.

Guns for trade to be inspected.6. And be it enacted, that no guns be exported to the coast of Africa, in the said 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.

Owners and masters to enter into bonds.7. And be it enacted, that, before any ship as aforesaid shall proceed on her voyage, 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 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 established on the coast.1. Be it hereby enacted, that the coast 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 and counsellors.2. That the directors of the African Company 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.

Ships of war stationed.3. And be it enacted, that the Lord High 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.

Inspectors appointed.4. And be it enacted, that the Lord High Treasurer, or the commissioners for executing 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, the 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.

Lands may be purchased.5. That the said African Company is hereby authorized to purchase, if the same may 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.

Churches and schoolhouses, and hospitals to be erected.