Sitting of 8 February 1830

MINUTES.
GERARD CALLAGHAN, Esq. took the Oath and his Seat for Cork City.—Sir J. MACDONALD moved for a new writ for Calne in the room of the Right Hon. James Abercrombie, Lord Chief Baron of the Exchequer, Scotland; Sir C. COOTE moved for a new writ for Clonmell, in the room of James Hewitt Massey Dawson, Esq. Chiltern Hundreds; and Mr. G. LAMB moved for a now writ for Knaresborough in the room of the Right Hon. Geo. Tierney deceased.
Lord F. Osbornepresented a petition from Cambridge for the repeal of the Malt and Beer duties, and several other petitions from places in Cambridgeshire with like prayer, and praying for measures to alleviate the distressed state of agriculture.
Sir J. Grahampresented a petition from the County of Cumberland, complaining of the distress of the Agricultural and Mining population, praying the House to inquire whether those distresses were not brought on by the return to small payments in gold and silver, without a corresponding decrease at the same time in taxation. He did not intend to go into the whole of the important questions which the petition embraced until they came to be singly discussed. With regard, however, to the question whether the additional increase of the value of the currency is not an additional increase of taxation, he should take an early opportunity of moving that the amount of salary of all persons employed in the civil and military service of the country should be reduced to the scale of 1797, as far as was consistent with a strict regard to engagement and the effici-
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ency of the public service. His hon. friend, the member for Aberdeen, had, however, given notice of a motion on the same night which he intended moving (Friday). He should therefore beg of his hon. friend to allow his motion to take precedence: it would perhaps be a good preliminary to that of his hon. friend.
Mr. Humeobserved, in reply, that the motion the hon. member had given notice of would probably occupy some time; and, as he (Mr. Hume) did not wish to bring his own on late in the evening, he would postpone his own motion till Monday next; besides, it would take natural precedence of his motion: if there were to be reduction of expenditure the House would be more strongly justified in demanding diminution of taxation.
Mr. Alderman Woodmoved for accounts of the total number of Barrels of Beer exported from England and Scotland to Ireland, and from Ireland to England and Scotland; distinguishing the number of barrels so exported to each kingdom, as likewise the number of barrels exported from each kingdom to foreign countries, with the amount of drawback paid thereon from 5th January 1829 to 5th January 1830: of the quantity of all the different sorts of beer, stated by barrels, made in each year, from 5th January 1825 to 5th January 1830; the rates of duty per barrel in each year, and total amount thereof in each year in each kingdom; showing,

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so far as can be done, the number of quarters of malt used in each kingdom in each year in making that beer: of the number of barrels of strong beer exported in each year: of the number of barrels of strong, table, and intermediate beer, chargeable to the duties of Excise, brewed in England, Scotland, and Wales, from 5th January 1829 to 5th January 1830; distinguishing the number of barrels brewed within the limits of the chief Office of Excise, and within each of the several collections, particularizing the quantity brewed by public brewers, licensed victuallers, retail brewers, and intermediate brewers. Of the number of brewers, retail brewers, licensed victuallers, and intermediate brewers, in England, Scotland, and Wales; distinguishing the number of them within the limits of the chief Office of Excise, and each of the several collections, and setting forth the number of licensed victuallers who brew their own beer, during the above period. Of the total number of acres of land in Great Britain under the cultivation of hops, in the year 1829; distinguishing the number of acres in each parish. Of the duty on hops of the growth of the year 1829; distinguishing the districts, and the old from the new duty; of the quantity of hops exported from, and imported into, Great Britain; distinguishing the places, for the year ending 5th January 1830. Of the number of bushels of malt charged with duty in the United Kingdom, and the amount of duty thereon, separating each country, in each year from 5th January 1825 to 5th January 1830; distinguishing the quantity in each year used by brewers and victuallers, and the quantity used in the distillery, so far as the same can be ascertained. Of the number of bushels of malt made, and the amount of duties paid in each collection of Excise, upon the same, in the United Kingdom, from 5th January 1829 to 5th January 1830. Of the wine gallons of proof spirits that paid duty, in each kingdom, for the home consumption of that kingdom, in each year, from 10th October 1823 to 10th October 1825, and from 10th October 1825, to 5th January 1826, and imperial gallons of proof spirits, in each year, from 5th January 1826 to 5th January 1830, and showing for each kingdom, in each of these seven periods, the difference of gallons betwixt the whole that so paid duty, and what gallons malt drawback was paid on under 4 Geo. 4th, c. 94, and 6
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Geo. 4th, c. 58, as also the total difference of gallons, for each kingdom, during the whole period from 10th October 1823 to 5th January 1830. Of the imperial gallons of proof spirits distilled in each kingdom, exported from Scotland to England, from Ireland to England, and from Scotland to Ireland, and that paid duty in each kingdom for home consumption, the full rate of duty per imperial gallon applying to these spirits for home consumption in each kingdom, and amount thereof at that rate, in each quarter, from 5th January 1829 to 5th January 1830, and showing the totals of all these for each kingdom, and for the United Kingdom, for the year: of the amount of money paid distillers, in each kingdom, as drawback on malt, under 1 and 2 Geo. 4th, c. 82, from 5th January 1829 to 5th January 1830: and of the total number of gallons of proof spirits, of the manufacture of the United Kingdom, that paid duty, and the amount thereof for horse consumption, in each kingdom; also the total number of gallons of proof rum, brandy, geneva, and all other foreign spirits, that paid duty in each kingdom; the number of gallons of each kind, and the duty thereon for each kingdom; also, the total number of gallons of spirits of all kinds that paid duty, and total amount thereof, in each kingdom and total number of gallons, and total duty thereon, in the whole United Kingdom, in each year, from 5th January 1825 to 5th January 1830.
Mr. O'Connellpresented a petition on the subject of Negro Slavery. He said that by right of law, no man could be a slave; that if the law were to extend to the colonies, the case would be as it was here, the moment alleged slaves came within the reach of the remedy, of the lord chief justice's power, they were free. He should in the course of the session move a bill on this subject. The petition was from Cork.

ANSWER TO THE ADDRESS.
Mr. Secretary Peelappeared at the bar with, and presented His Majesty's Answer to, the Address on the Lords Commissioners Speech: it was as follows.—
I thank you for this loyal and dutiful Address.
I rely with confidence on your attachment and support, and you may depend upon my unwearied endeavours to main-

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tain the National Honour, and upon my constant and anxious disposition to watch with equal care over the interests of all classes of my subjects.
Ordered to be entered on the Journal.

SLAVES.
Mr. W. Peelthen presented the Order in Council for consolidating the several laws for improving the condition of Slaves in his majesty's colonies. [For which paper see the preceding report of the Lords.]
CORK CITY ELECTION.
Mr. O'Connellpresented a petition from Francis Lyons and others, complaining of the undue return of G. Callaghan, esq.—ordered to be taken into consideration upon Thursday the 25th day of this instant February, at the same time that the petition of Daniel Meagher, and others, electors, is ordered to be taken into consideration; and Mr. Speaker to issue his warrants for persons papers and records.
WEXFORD TOWS ELECTION.
A petition of Charles Roper, esq., and others, complaining of that election [presented 24th June 1829] was read:—ordered to be taken into consideration upon Tuesday the 2nd day of March next, at three of the clock in the afternoon; and Mr. Speaker to issue his warrants for persons papers and records.

MALT AND BEER.
Mr. Denisonpresented a petition from the Corn Market in London, praying—first, for the repeal of the Malttax;—secondly, that the trade in Beer should be free;—thirdly, that there should be a reduction in the army, navy, and civil list; and fourthly, that the interest on a debt contracted in one currency should not be paid in another. The hon. member for Essex (Mr. Western) had, on the first night of the session, called on members to state the condition in which they had left their constituents; and he, in obedience to that call, had, with sorrow, to declare that the farmers of Surrey were in the most distressing condition; most of them living upon their capital rather than their profits, and many of them worse off than the very labourers. And as to the agricultural labourers, their distress was extreme. He was as much disposed as any one to do full credit to the obligations which the country owed to the duke of
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Wellington; to him they were all indebted for the repeal of the Test and Corporation acts, and for the emancipation of the Catholics; much, however, still remained to be done, and all the country looked for reduction—not the reduction of a few paltry clerks, but of such offices as the Lord-lieutenancy of Ireland, together with every other useless place and sinecure.
Mr. Broughamsaid, though agreeing in the greater part of what had fallen from his hon. friend, yet he could not but deplore one observation which he had made and which certainly must have escaped him in the hurry of speaking. No one felt more strongly than he did the gratitude the country owed to the Duke of Wellington for a great portion of his public services, and more especially for the carrying of the great question of Catholic Emancipation. But with respect to the repeal of the Test and Corporation acts, the credit of that measure was due to his noble friend (lord J. Russell); and he (Mr. Brougham), therefore, could not sit still and suffer it to be said that the country had to thank the noble Duke for that measure. When the measure was brought forward by his noble friend, government opposed it; but after a majority of about forty in favour of it, the right hon. gentleman (Mr. Peel) withdrew his opposition, and certainly furthered the bill through its subsequent stages; and without the support of the Duke of Wellington in the other House, it was possible that the bill might have been there thrown out. These things were not immaterial, for in taking away the credit of carrying a measure, when it had been carried contrary to the fate which usually attended such measures, one motive that tended to induce public men to act was taken away.
Mr. Huskissonsaid, he had to complain of the mistake which had been made in attributing to Mr. Canning a determined opposition to the repeal of the Test and Corporation acts: all that his right hon. friend had contended against was, the passing of this measure by itself, to the detriment of the Roman Catholic question, which was the more important one.
Mr. W. Smith.—In private conversations which he had held with Mr. Canning, that gentleman declared that he would not oppose the repeal of the Test and Corporation acts when the proper opportunity for removing them arrived.
Sir R. Wilsonsaid, when Mr. Canning was asked whether he would assist in car-

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rying the repeal of the Test and Corporation acts, he expressed his unwillingness to do so, lest he might thereby injure the interests of the Roman Catholics.
Mr. O'Connellsaid, the hon. member for Surrey had proposed the abolishment of the Lord-lieutenancy of Ireland. To this he (Mr. O'Connell) objected. There were seven thousand persons in Dublin living on the charity of three-halfpence a day; and if the duke of Northumberland did not spend his thirty thousand pounds a-year (which he drew from this country) among them, there would be many more in the same condition, or those seven thousand would be still worse off. If the hon. gentleman wanted reduction, let him begin with the lords of the bed-chamber, the lords of the Admiralty, or the lords of the Treasury, and he should have his most cordial assistance.
Mr. Humesaid, if the hon. member for Clare was right in his principle, every sinecurist would have a right to say, "continue my income, and I will spend it for the good of the country." [hear, hear] The only question was, whether the duties of the Lord-lieutenant could not be dispensed with: he considered that they could be, and that the office might be usefully abolished.
Petition ordered to be printed.
Mr. Wodehousegave notice of his intention to bring in a bill, on Tuesday the 2nd of March, to alter the act of the 59th of the late king, entitled "An Act to amend the Laws for the Relief of the Poor"—as it regards the rating of the owners of lodging houses, and to extend it to all houses, &c. let under ten pounds a year.
Mr. Wodehousealso gave notice of his intention, after Easter, to move for a committee to inquire into the duties and regulations respecting sea-borne coals.

MEXICO—CUBA—SPAIN.
Sir Robert Wilsonwished to put some questions to the right hon. gentleman opposite (Mr. Peel) which he considered of a very serious character as regarded the due exercise of our power as a nation, and a just respect on our part for national good faith: he alluded to the subject of our conduct between Spain and the states of Colombia and Mexico [hear]. This was a matter of the most important nature, and one calling for the maturest consideration, in the present distressed state of the country; inas-
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much as it affected our commercial, manufacturing, and financial interests, in a very serious degree. The right hon. member for Liverpool (Mr. Huskisson), whom he trusted he might be permitted to call his right hon. friend, mentioned the subject the other evening, and a noble lord, on the occasion of voting the Address, had adverted to some of the circumstances connected with it; but both alluded to the facts of the case hypothetically, not being in possession of any authentic information on the subject. He was about to speak from authority, upon the evidence of facts and circumstances which had come within his own knowledge. In the year 1824, the South American governments, finding themselves much oppressed and harassed by the continuance of the Spanish war from the islands of Cuba and Porto Rico, determined to undertake an expedition against those islands. At that period Colombia had an army and maritime squadron commanded by admiral Brion: there was another force belonging to Mexico at Vera Cruz, under admiral Porter; and the united armaments were superior to any force that Spain could collect in that quarter of the globe. He trusted [there being much noise in the House at the time] that the subject would have a fair hearing, as it was a question upon the answer to which millions of property must depend, [hear] These preparations were proceeding, when Mr. Canning obtained information upon the subject, and being apprised of what was likely to occur, sent for Messrs. Hurtado and Michelano, the Colombian and Mexican envoys in this country; and told them, that having heard of the intention of their respective governments, and knowing that the preparations against Cuba were in an advanced state, it was his duty to inform them that it would be impossible for England to permit the expeditions to proceed, —that, independently of other matters, an armed force descending upon Cuba from the Spanish Main might occasion a negro insurrection, cause the establishment of another at St. Domingo, [hear] and be attended with circumstances of the mightiest and most deplorable calamity to all our West-Indian possessions. It was added that there also existed other collateral circumstances which rendered it extremely unadvisable that an expedition should proceed against Porto Rico or Cuba, at that period. Mr. Canning, in

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fact, gave Mr. Hurtado and Mr. Michalano notice that this country could not sanction the meditated attack, which must not be permitted to proceed. This was the nature of the communication made by Mr. Canning to the South American envoys, who apprised their respective governments of the circumstances. General Bolivar and the Mexican government acquiesced; in the wishes of this country and dispersed their forces; but at the same time forwarded a communication to the English government, through their envoys, stating that they trusted this deference to the wishes and compliance with the policy of Great Britain would not subject them to the inconvenience of attacks by armaments proceeding from Cuba and Porto Rico, with a view to a descent upon the Spanish Main. Afterwards, Spain, recovering herself from the effects of her internal difficulties, collected a considerable force at Cuba, and a squadron, under the command of admiral Laborde, swept the sea of all vessels belonging to the South American colonies. The government of those states being incapable of supporting the heavy expenses entailed upon them by the maintenance of naval armaments, had dispersed them, disbanded their men, and laid their vessels up in ordinary. It was under such circumstances that Mexico and Colombia applied to the British government to be protected from the menaced attacks about to be made upon them from Cuba and Porto Rico; and as they had given up their preparations against those places at the instance of this country, they asked to be made strictly neutral territories as respected them; they did not ask protection against direct attacks from Spain, but merely against armaments proceeding from Cuba and Porto Rico, which they had been prohibited by England from attacking. This took place in 1827; reclamations were made to the British government by the ministers of Mexico and Colombia, who represented all the evils that must arise from the threatened attacks, and called upon us for the protection to which they were entitled by the faith of treaties which guaranteed their respective countries as favourable treatment as any other states. When general Barrados's expedition was about to sail from Cuba, an application was made to the British admiral upon the station to prevent his sailing, but this was not granted, and the armament put to sea. That
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hope being disappointed, admiral Laborde put to sea, and general Barrados made his attack. But although the illusion ceased when the expedition failed—he meant the illusion which induced the Spanish government to suppose that if a small force planted the standard of Spain in South America, it would be speedily flocked to by numerous adherents.—Notwithstanding this illusion was dissipated by the defeat of the expedition, the evil did not cease here, for the South American governments were obliged to keep up the same expensive establishments as before, in order to be ready to repel invasion. Moreover, at the present moment, it was the more necessary that this state of things should not be permitted to continue, because it was well known in this country that the Spanish government, so far from abandoning its intention to recover possession of Mexico, was organizing another expedition for its conquest, the rendezvous of which was to be against Cuba. It was therefore now necessary to have a further understanding on the subject, that Mexico might no longer have reason to complain of our equivocal, or (if he might use the expression) partial neutrality; that our credit for national good faith, independence, and fair dealing might not be exposed to the suspicion of favouring despotism; and that the property embarked in that country might not suffer from predatory attacks, or by actual confiscation. He would mention two or three facts to show the great value of Mexico and Colombia to England, and the mischief which must ensue, not only to our national character, but to our internal condition, from a continuance of an unsettled state of things in those countries. When Admiral Laborde took the sea in 1827, and proceeded to Porto Rico, he learned that an insurrection had been planned in Colombia, and in consequence of this information hovered over the coast of Colombia for forty days, with troops and arms aboard; but hearing that no insurrection had broken out as he expected, he returned without accomplishing any thing decisive. But the direct consequence of his hovering about the coast was to oblige the commandant of Venezuela to collect a force to resist a descent, and call out the militia, so that a sum of 300,000 dollars, collected to meet dividends due to the British creditor, was devoted to defray the expenses necessarily incurred by these

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preparations, instead of finding its way to England. The same happened with regard to General Barrados's expedition. He had the best authority for what he was now about to state; namely, that an arrangement had been made by which the Mexican bondholders in this country were to have received their dividends in November, when, General Barrados having put to sea, and great expenses being incurred by the government of Mexico in consequence of his expedition, the funds intended for the payment of the bondholders were diverted to other purposes, and such an outlay of money was caused in Mexico, as to remove the hope of payment till (he apprehended) a distant day. What was the state of Mexico with regard to the advantages which it held out to England by an increased production of the precious metals, had been alluded to by the right hon. member for Liverpool (Mr. Huskisson) upon a former occasion: and it was proved that a necessity existed, as regarded our own circumstances, that we should do what we could for the internal security and improvement of a country from which so many advantages might be expected to accrue to England. These statements were perfectly capable of being verified by facts. In 1827, the mines of Mexico consumed only 379,379 lb. of quicksilver exported from this country: in 1828, the consumption of quicksilver was 361,351 lb.: but, during 1829, and up to the present month, 1,310,400 1b. weight of quicksilver had been exported. Could there be a greater proof of the increased working of the mines, and of the advantages which must accrue to us if the South American colonies were allowed full scope of improvement by the enjoyment of tranquillity, than was to be found in these simple statements? But this was not all—it was not merely the quantity, but the price of the quicksilver exported, that was to be taken into account. We find that in 1827 and 1828, the price of quicksilver was only 45 dollars a quintal, but during the last year it reached 80 and 100 dollars. It was clear that we must derive great commercial and financial advantages from an intercourse with the Spanish American states, under favourable circumstances: but it was not on this account alone, that he asked the government to consider the situation of these states, but upon still higher grounds. We ought to do nothing which would give a colour or foundation
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to accusations against this country of a partiality which must degrade us by affording currency to the idea that we were ready to abuse the power which we possessed, in contradiction to the faith of treaties; not to say that such abuse must collaterally affect our own interests. The questions which he had to propose to the right hon. gentleman were—1st, whether the prohibition, which went to restrain Mexico and Colombia from making any attempt upon Cuba or Porto Rico, was to be maintained?—2dly, if the prohibition were to be maintained, in that case, was the same restriction to be imposed upon Spain as far as Cuba and Porto Rico were concerned; and were these and the South American republics to be considered as strictly neutral territories in relation to one another? These were the inquiries which he wished to make; and which of course referred to the intermediate state of Guatemala. If such a prohibition had formerly existed against any hostile operations on the part of Mexico, he wished to know whether it would not now be considered in the nature of a dropped order in that House, and that Mexico would be at liberty, in the case of any further hostile interference from Spain, to invade Cuba, as long as she observed the obligations and acted according to the laws of war?
Mr. Secretary Peelsaid, he could assure the hon. gentleman that on this, as upon every other occasion, it was his desire to answer any question put to his Majesty's Government in that House respecting the foreign policy of the country, as frankly and as clearly as was consistent with the general interests of the State. But he felt the questions now put to involve a point of such deep importance, that the House would excuse him if he did not content himself with giving a simple answer to the questions of the hon. Gentleman, but enter into a short explanation of the facts, and of the intentions and policy of the Government. When a noble friend of his on a former night put a question to him upon the same subject, he answered it upon the strength of his recollection; and if he then fell into any mistake as to the occurrences which had been referred to, he was sure the House would readily pardon him when they considered that seven or eight years had intervened since they took place, and since any circumstances had very particularly required him

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to refer to the several documents. But in the interval since that discussion he had referred to the documents, and found that his recollection upon all the substantial points was correct. He had stated his impression of the facts to be, that in the year 1823, Mr. Canning, then being Secretary of State for Foreign Affairs, made a public declaration that England would not resist any attempt made by Spain to reestablish her power and authority over her revolted colonies. He declared that England could not interfere in any contest that might arise between the mother country and the colonies; but, at the same time Mr. Canning avowed that England would not recognize the right of any other foreign power to ally herself to Spain for the purpose of aiding her in such an attempt; that if it were made by the mother country, and by her own resources, then that this Government would not interfere, but observe a strict neutrality between the contending parties. His noble friend had said that something more was added, about the difficulty of maintaining a strict neutrality; and it had been further asserted that Mr. Canning prohibited any counter attempt upon Cuba on the part of the South American States. His answer to that was, that if any prohibition were issued by Mr. Canning, prohibiting Mexico from attacking Cuba, he was confident that it had been made upon some peculiar ground, involving perhaps the common interests of humanity, or some particular and paramount interest of this country. Though there was no record of a particular conference that had been referred to, he found upon examining the records of these transactions, that the view of Mr. Canning's motives had been the true one. In the notes of a conference between Mr. Canning and the Prince de Polignac, which took place on the 9th of October, 1823, he found that Mr. Canning made this important declaration: "That the British government would not only abstain from interfering to prevent Spain from resorting to any negotiations for the recovery of her colonies, but would aid her in such negotiations; and in any case be strictly neutral, even if war should be resorted to by Spain herself. But that, if Spain should form a junction with any other foreign power that should aid her in the war, then that the British government would consider another case to have arisen, and its conduct would be in-
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fluenced by other views." This was the ground taken by Mr. Canning, and he referred with pleasure to another part of the document, in which the Prince de Polignac, on the part of France, disclaimed in any case the intention of joining in hostile measures against the South American colonies. Thus far the declarations of Mr. Canning on the question were in their possession. He had no recollection of any others, and there was no record of any such prohibition as that which had been alluded to, the strictest search had been made but no record could be found. If any such had been made, the probability was, that it had been verbal; and of this he was certain—that it was made as an exception to the general rule, and justified by some peculiar considerations growing out of the circumstances of the case, either relating to the common interest of humanity, as he had said before, or to some paramount considerations of state. He had said that there was no record of the act, or of the motives which dictated it; but if Mr. Canning did make such a prohibition, he should think it rather referred to the manner in which the war was likely to be carried on. This he was bound to state in justice to the memory of Mr. Canning: so strongly did Mr. Canning feel the desire of promoting the tranquillity of the South American colonies—so anxious was he to prevent the revival or the opening of fresh hostilities between them and the mother country, that in the year 1824, just previous to our recognition of their independence, he offered Spain to guarantee to her the possession of Cuba, upon condition of her entering into negotiations, the basis of which should be, that their independence should be formally recognized, [hear] If, therefore, any such prohibition was ever declared by Mr. Canning, he was satisfied that it must have been made upon some special grounds. He was the more confirmed in this conclusion, because there was on the part of the United States of America a declaration of such an intended amicable interference, in which special grounds were pointed out. In a note of Mr. Clay, the minister of the United States, dated December, 1825, that government, then having recognized the independence of Mexico and the other republics, he declared its intention to preserve a strict neutrality in the case of a war between them and her former colo-

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nies. The terms of that declaration were, however, that if Spain should persist in carrying on war without the prospect of success, the republics of Colombia and Mexico would probably retaliate, by making an attack upon Cuba, that being the point d'appui from which Spain could carry on her operations; and that if a war carried into that island by the republics should prove to be one of a desolating nature, such as the putting of arms into the hands of one class of the inhabitants against another class, then it would be necessary for America to interfere and to prevent such a war of extermination from proceeding. This was the ground which America had taken. What she said was, that she would not interfere so long as the war was conducted on both sides according to the laws of civilized nations; but she would not see such a course taken as must lead to the depopulation of the island of Cuba, and leave it to be transferred to the possession of some European power. If Mr. Canning ever made any declaration, he was satisfied it must have been one of this nature. With regard to the recent expedition sent out by Spain against Mexico, it was, he believed, almost entirely sent from the Havannah. Almost the only person in it who proceeded from the mother country, he believed, was the commander of the troops. How then could this country interfere? He could assure the hon. gentleman, whatever he might think, that it would have been extremely difficult for England to have prevented the sailing of that expedition by remonstrance alone. So much for what had been done; and now for the intentions of the government as to the future. They felt a deep interest in the welfare and the prosperity of these infant States. They had recognized their independence, and were anxious to see that independence consolidated by their tranquillity, and by their security from foreign attack, so long as they gave no just cause of interference to other powers. He therefore hoped that the South American States would now turn to their own resources and be able to compose their internal quarrels; in that, he repeated, they would find their chief safe-guards against attacks from without. Ministers had hoped that Spain herself would ere now have been convinced of the propriety and policy, if not of recognizing their independence, at least of abstaining from ac-
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tual hostilities against the South American republics. They had hoped that she would at least have observed the principle upon which she proceeded in the contest with her Flemish colonies, where, long before there independence was recognized, she tacitly assented to a suspension of hostilities. The forbearance of Spain in that instance justified us in the hope that she would display like wisdom and moderation in this. And it might be here observed, that for several years she had abstained from issuing letters of marque against the States of South America, and so consulted the interests of humanity, and avoided many of the atrocities which, under the sanction of such an authority, had disgraced the flags of other nations. If there were a chance of the permanent revival of hostilities between Spain and South America, the policy of England would be—1st, to endeavour to effect an amicable termination of the contest, and to bring about a peace, a common object not less interesting to Spanish America than to ourselves; but if all our endeavours should fail,—if Spain determined to persevere in the attempt to recover possession of her colonies,—he had no difficulty in thus publicly declaring, on the part of his majesty's government, that so far as the laws and operations of civilized warfare were concerned, this country would for herself act between the contending parties on the principle of strict impartiality. [hear]
The conversation here dropped.

LORDS COMMISSIONERS SPEECH..
Mr. G. Lamb[on the motion that the Lords Commissioners Speech be taken into consideration], rose.—He said, he wished briefly to state his reasons for having voted for the Amendment to the Address on the first night of the session, not having had a previous opportunity of addressing the House, and finding himself compelled to differ from most of those with whom he generally acted, he felt bound to state shortly the grounds on which he gave that vote for the Amendment on the first day of the session. Some friends of his, upon that (the Opposition) side of the House, had stated that they voted for the Amendment through the delicate fear, not generally entertained in that quarter, of turning the ministers out. The hon. member for Norwich (Mr. W. Smith) vaunted his experience; though

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he held this opinion, his experience might have taught him that such a fear was chimerical. Many stated that they thought if the present Ministers were removed they would be followed by others, from whom they totally differed. If he had any confidence in Ministers (and he had none) he would still have voted for the Amendment, as containing a true representation of the state of the country, and a pledge of inquiry into measures of relief. It did not seem to him that gentlemen opposite had any measures of relief to propose. There certainly was an allusion to reductions in some quarter or another, but they were so ambiguous that no two persons could agree as to the quarter in which they were to be effected. Hitherto be had been a silent voter for a metallic currency, and he did not now wish the country to be deluged with paper; but looking at our condition, he doubted whether the last screw of the vice,—the withdrawal of the country small notes,—might not have added to the difficulties of the country. Whether the restriction of the one-pound notes had or had not done mischief, still he was not prepared to tell the country that he would not inquire into the subject. But if the Ministry were, as the hon. Mover of the Address had called them, Whigs at home, certainly he must say, that on the continent they were found to be most tremendous Tories. [hear] On these grounds he had supported the Amendment rather than the original Address, with respect to that part which related to the internal affairs of the Empire. If, however, the Ministers were accused of recklessness and carelessness of every thing connected with domestic policy, what was to be said with reference to their conduct upon every thing relating to Foreign Affairs? If Ministers were charged with too great a resemblance of Whigs in their management of domestic affairs, on the Continent they were considered the most confirmed Tories that ever appertained to any party in this country. [hear, hear] And he really felt there was but too much justice in the observations of the noble Lord, the Member for the University of Cambridge (Lord Palmerston), when he declared, on Friday evening, that the character of England was disgraced and detested on every part of the Continent. He confessed it was with the greatest pain and regret that he heard the right hon. Gentleman, the Secretary for the Home Department (Mr. Peel), hold so
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low a tone on the subject of the position of this country, with reference to the Continent, and almost admit that the fear of war was the sole cause of that temporising; system of policy which was so loudly complained of. That tone was indeed so low as to form a remarkable contrast with the language used scarcely two years ago by the Minister who then directed the councils of this country. The nation reposed confidence in Mr. Canning, because he had raised its name to that great and exalted station which it ought to occupy among the states of the Continent; and when he unhappily descended to the grave, he bequeathed to his country, as a legacy, an example of the consequences of a liberal but straight-forward and determined course of policy, which it was fondly hoped would be followed by his successors. The confidence, therefore, which the nation felt in Mr. Canning had been continued to his successors, and what had been the result? Why, that they had obtained the reputation of being considered the foes of every liberal institution, and of having leagued themselves in strict alliance with feeble sovereigns and bigoted ministers. [hear, hear] The whole mind of the people of these countries, whose good opinion, he contended, it was the true policy of England to maintain, had been alienated by this course, and, instead of being considered the friend, England was held to be the enemy of all liberal institutions. The whole feeling of the Continent was against England. He was told, however, by the right hon. Gentleman, that war must be avoided, and that this was the cause of their adopting the policy of non-interference; but he trusted that there would now be an end of the confidence which the country had reposed in them, as to the conduct of our foreign policy, who maintained such a doctrine. He would tell them that by their abstaining from all that was liberal and just, through the apprehensions of war, the time might come when the question would be, not whether they were to abstain from a particular act because it might lead to war, but whether they would not have war forced on them, and forced on them, too, when they had deprived themselves of the assistance and the good wishes of all the friends of freedom, and of every valuable ally. Having referred to that part of the Speech in which Portugal was mentioned, he observed, that as they were told all hope of a reconciliation

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between the two branches of the House of Braganza was at an end, they must now be prepared, he supposed, for the disgrace of the formal recognition of Don Miguel. How, he would ask, was this recognition to be effected? By what artifice was it to be managed? or after what form and in what language was the sovereign of Eng-land to enter into terms of amity and friendship with an usurper, who was acknowledged to have even broken the sacred word of royalty, or to have been guilty of crimes that would have crushed any private individual? Of the doctrine of non-interference, which the right hon. Gentleman had contended for, he should say no more than that it always appeared to him to labour under two objections—one was, that it was utterly impossible to persevere in it as a system; and the other was, that no nation in Europe would give this country credit for sincerity if it attempted it. [hear] As to another point, he trusted he should hear it denied that France owed her present ministry to the intrigue of the British cabinet. If it were true, it was the most profligate interference that ever disgraced any cabinet; any ministry. With respect to Turkey, the right hon. Gentleman had quoted the opinions of eminent statesmen in favour of the position that it was important to preserve the integrity of the Turkish Empire. But it was most unfortunate for the right hon. Gentleman and his argument that, at the very moment when this country for a long series of years had acknowledged Turkey as an ally, that moment Turkey found an enemy before the very gates of her capital. Now, whatever might be the well-merited diffidence with which the people of this country regarded the wisdom and experience of the present Ministers, with regard to our domestic and commercial policy they surely had been fully justified in placing the utmost reliance in their military knowledge, when they saw how many distinguished military men held situations in the present Administration—when they saw a field-martial Premier, and recollected the high rank and experience of his right hon. friend the Secretary of the Colonies (sir G. Murray), and of his other right hon. friend, who held so distinguished a place in the Ordnance (sir H. Hardinge), —they could not but feel surprise at the confidence which seemed to have been entertained with respect to the impregnability of the passes of the Balkan, after
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they saw they were travelled over by the enemy with as much ease as if it had been the turnpike road to Walmer Castle. [hear] He had declared he felt no confidence in the present Ministry; and if an individual so little distinguished as he was should be considered worthy of any reply, he trusted he should not be met with the hacknied language of Who are fit to take their places? He hoped he never should be told that the House of Commons did not supply a number of men who were well qualified to guide the councils of the country, and worthy of the confidence of the Sovereign. It had been the fashion of late to fill the posts of Administration by recruiting among the ranks of their enemies:—the present had gone all round the House for support. They had come to the Opposition benches for a Paymaster of the Forces (Mr. Calcraft); then they sought an Attorney General (Sir J. Scarlett), from among the Whigs. They sought for a Master of the Mint in an hon. Member who had been amongst their greatest opponents; and unless they made another turn, and took a "saint" into their councils, he knew not what could save them. [hear and a laugh] He looked on this, not as an attempt to increase the strength of the Ministry, but as means adopted to soften hostility; and he objected to it as calculated to destroy the independence of the House of Commons by endeavouring to put an end to the existence of parties, and rendering every man in it an official expectant, [hear] He begged pardon for troubling the House so much at length; but he felt strongly on these subjects, and he knew this was the only occasion on which he could state his opinions.
Mr. Secretary Peelsaid, he trusted the House would indulge him for a very few moments, while he endeavoured to explain one or two points of his former observations, which had been very much misconstrued by the hon. Member for Dungarvon (Mr. Lamb). That hon. Member had assumed that he (Mr. Peel) argued for the necessity and propriety of non-interference, on the ground, that they could not depart from that course, through the fear of being called on to engage in war. Now, so cautious had he been against any misconstruction of his language with regard to war, that throughout the whole of the observations he addressed to the House on the subject of the foreign policy of the country, he most studiously avoided the

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mention of the word peace, without at the same time declaring that peace was not worth having, unless it could be preserved in a manner consistent with the honour and interest of the country and the integrity of its power; and he repeated, that he did so expressly for the purpose of avoiding that very misrepresentation—a misconstruction into which the hon. Member for Dungarvon, he had no doubt quite undesignedly, had fallen on this occasion. England might well afford to avow her love of peace; because she was strong enough and powerful enough to feel no fear of the consequences of war: and, (said Mr. Peel) let me tell those who ascribe such motives to this country, that those who have from principle, from humanity, and from a sense of its good policy, laboured to maintain a just peace among nations, will always be found the most able to sustain the consequences of a just and necessary war. [hear] I shall take leave to add one word on a subject to which the hon. Member has also alluded very pointedly, in the course of his speech, and which I know has made considerable impression, both here and elsewhere. The hon. Gentleman has in effect declared, that it is well known both in France and in England that the present Ministry of France owes its appointment to the Government of this country. I have no doubt that the other impressions of the hon. Member are founded on authority equally erroneous; but of that I shall now say at once, there never was any report so utterly unfounded, so wholly devoid of truth, as that any communication, either direct or indirect, was sent by any individual holding any situation in the Government of this country to any member of any party, or holding any situation in France, with respect to the appointment of prince Polignac to the head of its ministry, [hear, hear]
Lord Mandevillesaid, he could not lose the opportunity of expressing his approbation of that part of his Majesty's Speech which promised a reform of the Court of Chancery; and observed, that although it must be admitted there was considerable distress at present, he hoped the day was not far distant when the country would again enjoy prosperity.
Mr. Alderman Waithmansaid, he thought it necessary to observe, that although his Majesty's Speech declared the distress to be temporary, and confined to the agricul-
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turists, it would be found that it extended to almost every class in the country. No notice was taken of the retail dealer; but it had been asserted in another place, that their prosperity was a proof of the limited nature of the distress; an assertion which he had heard of with amazement. He did not know where the Ministers got the information; but he, who knew a little more of the retail trade than they did, could tell them that the trade was suffering greater losses than it ever sustained before, as the numerous bankruptcies and insolvencies would abundantly prove, [hear] The members of his Majesty's Government, probably, drew their opinions of the prosperity of trade from the exhibition of a number of fine shops in Regent-street, which, he supposed, they sometimes visited in their rides; but he could tell them that the prosperity there and elsewhere was more in appearance than in reality, as the several failures fully proved. Five out of every six failed in business, and all confidence was lost between man and man. This was the state of the retail dealers; their distress was as great or greater than even that of the agriculturists; and, for his part, he would say, that he had no confidence left in the Ministry; and he believed, in saying so, he repeated the opinions of the great majority of the people. His constituents would have petitioned the House on the subject of the great distresses of the metropolis and of the country, and of the retail dealers amongst others, only they had thought it would be well to wait to see what were the remedies of the Ministers to alleviate the general distress. None being proposed, there was just ground for the withdrawal of all confidence in them. [hear]
Mr. Robinsonbegged to state that he had voted for the Amendment the other night merely because it stated more truth than the Address. At the same time, he approved of the pacific policy recommended in the Speech, and enforced by the Ministers, and he was not one of those who desired any alteration in the currency. He meant to vote for all inquiries that should be proposed this session, and in that spirit he voted for the Amendment. The Chancellor of the Exchequer had warned them against voting for the Amendment, on the supposition that the hon. Baronet (Sir Edward Knatchbull) was actuated by some sinister motive in pro-

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posing it. Now he believed the hon. Baronet to be incapable of such conduct; but, for his own part, his vote was given without any sinister motive.
The Chancellor of the Exchequersaid, the hon. Member who had just sat down had somewhat irregularly charged him with having imputed sinister motives to the hon. Member for Kent. Now he was too old a Member of Parliament not to know that it was improper to impute any motives to hon. Members, and as far as the hon. Member for Kent was concerned, he was the last man to whom he (the Chancellor of the Exchequer) should be inclined to impute sinister motives.
Lord Normanbyonly begged to say one word upon a subject to which so many gentlemen had adverted,—he meant our foreign policy, and the estimation in which we were held on the Continent. Certainly, in the eyes of foreigners, the whole tenour of our foreign policy was changed. They believed it to be the very reverse of that upon which we had acted two years ago. How we should recover the character we had thus lost he did not know; we could not do better than to act honestly and profess sincerely, but he feared it would be a long time first, though he was convinced that the declaration, which he had heard with so much pleasure from the right hon. Gentleman (Mr. Peel) that night, would be sincerely acted on.
Mr. H. Davissaid, he had heard one or two circumstances within the last few days, which went far to illustrate the partial nature of the distress. He had conversed with a gentleman connected with a great manufacturing house in Gloucestershire, who told him that their business was so good that the house had written to him to take no more orders, as they could not in six months comply with all they had already received, and that every hand which they had ever employed was in full work. He had also dined the other day with a gentleman who had been lately in Dublin, in Ireland, [a laugh] and who had extensive connection with the receivers of rents in Ireland; and that gentleman told him, that in one estate of 30,000 l. a year, there had not been one single defaulter. In others the payments were as good, and altogether the agriculturists were flourishing in Ireland. He mentioned this as a proof that the distress was not universal. He believed that the withdrawal of the small notes so suddenly
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might have produced much distress; and he did not see why bankers should not be allowed to issue notes as formerly, if they gave adequate security to meet their issues.
Mr. Sadlersaid, it was quite unfair to urge the prosperous condition of some districts, or the thriving trade carried on by certain overgrown capitalists engaged in manufactures, as proofs of the general prosperity of the country. Such statements were calculated only to mislead the public mind, if, indeed, it did not already too severely feel the general pressure to be misled by any statements to the contrary. The hon. Member had stated, that a great number of hands were employed by the manufacturers; but the fact was, that in many cases those hands were retained in order that they might have the means of existence. He also differed entirely from some hon. Members in attributing the distress which existed in the agricultural districts to a bad harvest. He had never asserted that the distress in the country was so universal that there was no instance to be found of a single class of persons by whom it was not felt. He admitted that there were some exceptions to the universality; but, as in other cases, the exceptions only established the general rule. The members of the Stock Exchange, the great capitalists, for example, were probably among those exceptions. But the industrious and productive classes of the people, those by whom the greater number of the Members of that House were sent thither, were suffering severe distress. Attempts had been made by various hon. Members to understate the real condition of the country's affairs; but there were sources of information which, if they would apply to them, would show them the fact. If they wished to know the state of the commercial interest, let them look at the bankrupt list; if they wished to know the state of the lower classes, let them look at the amount of the poor-rates: those were the best criteria by which they could judge of the general state of the country. He had that morning seen a document, the result of a meeting in a populous district near Manchester. This document was signed by the Chairman; and it stated that the distress was overwhelming. He would abstain from saying anything on the state of the currency, because that was a subject which would probably soon be brought under the consideration of the

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House, when he should perhaps offer a few observations upon it.
Sir J. Stewartsaid, he had supported the Address, because he could not concur with those members who drew so melancholy a picture of the state of the country. He had recently returned from Scotland, and certainly he had not seen any thing of the agricultural distress which some gentlemen talked of. There might, it was true, be some delay in the collection of rents as compared with former years, but there was nothing of that overwhelming distress of which he had heard. Whatever of distress was felt, and he did not deny that some existed, arose from the state of the seasons, and from other causes which human foresight could not have prevented He denied the accuracy of the statement that the distress in Scotland was severe, and unprecedented. The harvest of 1828 had exceeded in Scotland the general average in England; so that the Scotch had been enabled to export corn to supply the markets of England. He was satisfied that the distress in England arose from circumstances over which it was impossible that either his Majesty's Ministers or any other persons could have any control.
Mr. O'Councilrose merely for the purpose of adverting to what had fallen from the hon. Member for Bristol with respect to the state of Ireland, and he must observe that he had that morning received letters in which the distress existing in that country was painted in the strongest colours. He was sure that nothing would strike the Irish people with more astonishment than to hear that any doubt was entertained in this country of the distress under which they were labouring.
Mr. Fylersaid, he could bear testimony to the existence of extreme distress in those parts of the country with which he was acquainted. In the city and county of the city of Coventry, and in many parts of Warwickshire, and in other places, there were thousands in such a state of distress as not to be able to support themselves. He could also state from information received from the directors of the poor, that many persons who were formerly in comfortable circumstances were in that state, that they were withheld solely by feelings of shame from receiving parochial aid. In one district of the county of Warwick, there was a parish containing
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a mixture of manufacturers and agriculturists. The population amounted to seven thousand one hundred persons, on a space of six thousand five hundred acres. Of these there were two thousand receiving parochial relief,—two thousand one hundred not receiving relief, but not able to contribute any thing to the rates, the whole weight of which was borne by five hundred heads of families, the representatives of the other inhabitants. Thus, it might be said, that in some instances, one individual was nearly supporting ten persons. These were facts which spoke for themselves, and no doubt many similar could be adduced, if every hon. Member were to answer the call that had been made upon him, and state candidly what was the actual condition of the people in that part of the country with which he was connected. All he could learn proved that the distress of the productive classes—instead of being partial, was general and universal. He contended that the arguments as to the prosperous state of the country which had been drawn from the increase of our exports and the increased business on some of our canals, were utterly without foundation. To prove that these were instances of prosperity, it should be shown that the increased exports were a profitable and not a losing-trade, and that the increased business on the canals which had been named, had not been the result of the diversion of the trade of other canals in that particular direction, or the result of the diminution of land-carriage in the same line. He rejoiced at the manly view which had been taken of the state of the country by the right hon. Member for Liverpool, (Mr. Huskisson) and he hoped that that right hon. Gentleman, seeing the course which had been adopted by so many other states with respect to their trade, would feel it necessary to reconsider the subject of the free-trade system. He was glad to hear the promise of economy which had been held out in the Speech, but he was sure the noble Duke at the head of the Government, to do any thing effectual, must bring down our expenditure to the level of the country's means, or raise our resources so as to enable the country to meet such an expenditure.
Mr. A. Baringsaid, he did not rise on this endless subject to follow any of the several hon. Members who had preceded him into the theories which each raised as

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to the causes of the present distress. It was not to be denied that distress existed at present in the country to an extent which had not been felt for many years; and it was the more severely felt, because now, at the end of fifteen years of peace, when we had reason to expect that our condition would be much improved, it was rather in a worse condition than at the commencement of that period. Reason upon it which way they would, we could not shut our eyes to the fact, and it struck him as useless to be endeavouring to ascribe it to this or that particular cause, for to no one of the causes mentioned could it be fairly ascribed. It would be better therefore to apply ourselves to the remedy: distress so general in its nature must be ascribed to some general cause. He was ready to confess his ignorance of the general operating cause, but he had his own opinion as to the several causes which had been assigned, but he owned he could not bring himself to believe that it was to be attributed to any one of them; let it be recollected that if we felt distress, we were not the only nation in that condition: it pervaded every country, from one end of Europe to the other, and extended to countries beyond the Atlantic. The situation of England was not peculiar, [hear] Distress, then, which was so general in its extent must, as he had stated, have some general cause. That in a country like ours, with such vast and complicated sources of trade and industry, the effects should be more severely felt than among nations whose mode of trade and commerce were more simple and less extensive, should not excite surprise; but as it was felt to a greater or less extent in all, it would be idle to attribute it to the operation of this or that particular measure, but to some general cause pervading the whole: what that cause was, he must own he could not state, but he thought that man must be extremely ignorant of the nature and extent of the evil who should say, "Government must know it; Government must apply the remedy;" or, as the fanners said in some places, "Government must do some' at." What could the Government, or what could that House, do to remedy the evil? He should like to see any man point out the course that ought to be pursued, and say "that's the remedy." He should be happy to concur in any inquiry that might lead them to
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as certain the cause, or causes of the distress; but, he must indeed be an ignorant man who, looking at the reports of the many committees which had sat for the last ten or twelve years to consider of almost every public question affecting the national welfare, should say, that that House at least had not been earnestly employed in inquiring into our condition. [hear] No blame could attach to them for not devising some general remedy. At the same time, if any hon. Member should bring forward any specific plan, he should be happy to give it his support when he saw what it was, if it should be one which would tend to remove the evil complained of. He would admit with those gentlemen who advocated the agricultural interest, that that body was suffering in a greater degree than any other class of the community. Yet it would not be denied that this distress existed without any very low prices of corn; for corn was not on the average at a higher price for the last five years than it was last year, and up to the present time. But the difficulty felt by agriculturists was this: they had two bad years, and the farmer, owing to the nature of the Corn-laws, obtained in one year the high price which would be a compensation to him for low prices in the preceding. Of these laws, however, the farmer could not complain, for they were made for his protection. He might, perhaps, say, that he had not that protection to which he was entitled. In his opinion, a higher rate of protection to the farmer could not be compensated by him to the country in a year of great scarcity; and if he obtained it, it would be at the expense of a starving population, [hear] It had always been a doubt in his mind whether the country could stand that kind of protection which the agricultural interest required. At the same time he would not do away with those Coin-laws which now existed, for that would be in effect to dispossess an immense portion of the landowners; for such were the charges upon land in a variety of shapes, that if protection were withdrawn, it would leave the present landowners little more than mere nominal proprietorship. Nine-tenths of the property of the country were suffering under mortgage and incumbrances. It was therefore only in a case of the greatest necessity that be could consent to any alteration in the present system of our

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Corn-laws. Yet still be owned that the question altogether was a problem which had not yet been solved: for he doubted whether the manufacturers could afford the protection required by the agriculturists. The question of the currency had been touched upon by many gentlemen who had very different views respecting it. He was not going to enter upon it at that time, but he must admit that the withdrawing of the small-note circulation, however much he considered it as a measure of sound policy, was still one which had been productive of much suffering. He had concurred in it on the ground he had stated, for he believed that the continuance of that currency would be productive of evils much worse than its removal had created; he had always contemplated that the withdrawal of the small-note circulation would be attended with sonic suffering, but that the removal had created mere suffering and distress than had been anticipated at the time, he could not deny. [hear] But he did not think that the evil was such as to create a main ingredient in the present general distress. It was said, in answer to the objections against the removal of the small-notes, that there was at present a greater money circulation in the country than existed when the notes were issued. That might be true; but then it did not circulate into those minute channels through which the small country notes passed, and by which much activity of business was kept up in small towns. It was in those places that the loss of the small-note circulation pinched most severely. In such places there was usually a small banker whose notes circulated in the town and a little district round it, beyond which they scarcely ever went. Their circulation kept up and gave energy to the small circle in which it moved. He would readily admit that the system, as it was carried on, was open to a thousand objections, and was liable to serious abuses; but the impression on his mind, as to the result of the withdrawal of the paper circulation from such places, was—that though it formed part of a general measure, which on the whole was salutary, yet it left to those places no adequate compensation. To the man in middling circumstances, who had long felt the benefit of the small bank in his neighbourhood, and who now deplored the loss of its small-note issues and
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complained of a want of circulation and accommodation, it was no answer to say, "There's plenty of cash to be had in Lombard-street: money never was so plentiful." [hear] That might be true; but, in Lombard-street, the credit and connections upon which he could have obtained assistance from the small banker in his own town were wholly unknown. The branch banks, established in several parts of the country, though they tended in a great measure to lessen the inconvenience, did not so extend their dealing; as to meet the kind of cases to which he had alluded.
With all these inconveniences, he must repeat that he was one of those who would not easily yield to a restoration of the paper-currency as it had existed, he should assent with regret to any renewal of it. He did not think that the distresses generally felt were the effects of the removal of a paper circulation, nor did he think those he had alluded to more particularly as the effects of the withdrawal of that circulation in small towns were hopeless of remedy without the recurrence to that system. He could not see cause for that despondencey which some expressed. The distress of the manufacturers he admitted to a certain extent; but, compared with the condition of other interests, they were in a state of prosperity. It was no proof of distress in manufacturing districts to say that business was absorbed by a few large capitalists, for these things should be considered in the general state of the trade. The iron trade and the silk trade were certainly suffering most deeply; but he believed that the woollen trade of Yorkshire, notwithstanding the representations of a honourable Member, (Mr. Sadler) was by no means in a state of distress. Although it, no doubt, did not now enjoy the prosperity which it enjoyed in former times, he had seen a letter, in which it was stated that the manufacturers had nothing to complain of. Great complaints had been made of the distress occasioned by the introduction of machinery. It was certainly true, that to take labour from the hand, and to perform it by a steam-engine, was the cause of great individual injury, which was much to be lamented. It was like the consolidation of a number of small farms into a large and overgrown one. But it was one of the natural operations of

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industry and knowledge; one of those operations which all the best authorities on the subject concurred in declaring ought to be left unshackled by any legislative interference. The trade or agriculture must still be considered as a whole, without reference to the minor changes which may have taken place in its mode of management. Having said thus much on the chief topics which had been introduced into the discussion connected with our internal economy, he would now say a word as to another subject which bad been introduced—he meant our Foreign Policy; and on this he owned he differed widely from those who blamed the Government of this country for non-interference in foreign disputes. Some gentlemen who from year to year spent their summers in travelling on the Continent, and who did not meet in the several towns through which they passed with all that attention which they considered due to them—who were not considered sufficiently important to be received with marked distinction, and to form a topic of conversation at the tables d'hâte, took it, forsooth, into their heads, that Englishmen were not respected! and that the English name was brought into contempt, because its Government was not constantly interfering in every squabble in the continental courts, [hear] In the policy adopted by France, Prussia, Austria, and other continental Powers, many things might be important in continental affairs, which to us, situated as we were, ought to be matters of utter indifference; for in our insular position, if a province of France, or the Netherlands, or any other continental state, were offered to us, he did not suppose there were ten men in the country so senseless as to think we ought to accept it. It was sufficient for us to take care that danger did not come too near our own shores: but it would be beneath our dignity to enter into those squabbles in which some would involve us. It might, indeed, be matter of importance to take care what Power was placed at the mouth of the Tagus or the Scheldt, but we should be utterly indifferent to the squabbles which might take place among the petty princes of Germany, or other small Powers with which we had no concern. Undoubtedly, our long relations, political and commercial, with Portugal, rendered the affairs of that
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country matters in which we were interested, but this did not extend to an interference in her internal government. It was true that Don Miguel who now occupied the throne of that kingdom was a disgrace to the crowned heads of Europe, but nevertheless, he (Mr. Baring) felt grateful to our Government, that it did not go to war for the purpose of removing him. He would prefer that the authority of the other claimant of the crown should be triumphant and be recognized; but why we should involve ourselves in war to procure the recognition was what he could not see. Nothing, he believed, was more generally acknowledged by all parties than the expediency of adhering to a pacific policy in the present state of the country. Foreign peace and domestic good order would produce tangible benefits which must prove equally advantageous to the agricultural, manufacturing, and commercial interests, and in short to the people at large, into whatever classifications they may be nominally subdivided.
Amongst other topics, he could not overlook the happy results which had followed a late important measure for restoring tranquillity to part of his Majesty's dominions. He alluded to the complete pacification of Ireland, and was gratified at length to see the conclusion which had been put to that solemn mockery so long subsisting in defiance at once of the Legislature and the Government. [hear]
On the subject of our relations with Mexico, he could not express himself with so much satisfaction. While that country continues in its existing anomalous and unsettled condition, it must be placed under the temporary domination of one military chieftain or another—such as Santa Anna or Bolivar,—and various evils, which will more or less affect ourselves must ensue. Those who venture money would of course be obliged to take their chance; but such a state of things must necessarily prevent the growth and settlement of their civil establishments, and the capital invested by English merchants in mines and otherwise would be so far embarrassed, if not put in jeopardy altogether. The attempts on the part of Spain to recover her colonies had already proved unavailing; and he thought it was now high time to see a proper footing established from henceforward between them. We at least ought to have observed a consistent course

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of conduct between the parties. If interference was justifiable in the case of the Mexicans as assaillants, we had surely an equal right to interpose when Barrados made his descent from the Island of Cuba. This project was executed so late as 1829, and yet with no better success than before. Since 1823, when the declaration was made, no change had taken place, although the interval consisted of no less a space of time than seven years. The whole political world were now satisfied to conviction that the efforts of Spain had been totally abortive and unavailing, and that the question was therefore solved against her. He hoped that the right hon. Gentleman opposite would be induced by those considerations to use their most earnest persuasions with the Spanish monarchy, in order to attain a permanent cessation of hostilities. According" to the present tone of Ministerial arguments, it would appear that the principle of de facto government was likely to be maintained in the case of Portugal; and if so, undoubtedly the same argument would apply here. Mexico likewise had a de facto government, which was undisturbed by any of the attempts which had been hitherto directed against it. [hear] He would ask whether Spain was so scrupulous in the struggle between England and her colonies? Did she wait until belligerent operations had terminated, and peace was declared? No, on the contrary, that state interfered in the very middle of the war, and acknowledged, with a premature alacrity, the independence of the English colonies. Then might not the, argumentum ad hominem be justly applied to Spain, [hear]
He took this opportunity of expressing his sentiments, as he had not done so on the first day of the session. Before he sat down, in justice to the Ministers, he must say, that judging of the general operation of their measures throughout the country, he could discover nothing of an unfortunate character which could with propriety be laid at the door of Government, and he should, on that account, be sorry to see the Administration embarrassed or disturbed, [hear, hear]
Mr. Attwoodsaid, he by no means agreed with the opinions of the hon. Gentleman, who seemed to think that all the measures of the existing Ministry had tended to promote the general interest of the country, and had been the result of deliberate wis-
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dom and prudent political calculation. He could not agree that the cause of the distress was not attributable to Ministers. In sentiments couched in such sweeping and unequivocal terms, he could not acquiesce. The notoriously distressed and disastrous state of the British population offered, in his judgment, a decided contradiction to so unmerited a panegyric. Our general impoverishment was very easy of explanation, being mainly attributable to the change in the currency and the consequent alteration of the value of money. That single measure (which it was said would only effect a charge to the extent of 3 per cent) had imposed an additional burthen of 25, 30, or 40 per cent on every man in the community, in all cases of deed, mortgage, settlement, or contract. It had been first introduced in 1819, but the public distress prevented its being brought into immediate operation. It was grappled with again in 1823, and in the year 1826, the system might be considered to be perfectly matured and carried into effect. He regretted that his hon. friend had deemed it fitting to indulge so much in a laudatory strain; as, for his own part, he should wish to witness more of modesty within doors, and less of vituperation without. Every one was by this time aware that the nation in general entertained but an humble opinion of the wisdom of Parliament. The people reproached their representatives collectively with inefficiency for the adequate discharge of the great functions which were imposed on them as Members of that House. The operations of the Legislature had originated the distress, and were also calculated still further to increase it. The report of the Committee of Inquiry into the state of agriculture in the year 1824 supported the opinions which he had always expressed upon the subject. He could not allow the hon. Member (Mr. Baring's) remarks to pass unnoticed, because they were at variance with many positions formerly maintained by him [hear].
Mr. Trantsaid, he wished to know what was to become of the farmer, or how he was to gain a livelihood, when told by a high parliamentary authority that overproduction was the cause of all his distress? When the loaf was 1s. 2d. the farmer was much better off. As to the other classes, and equal sufferers, he should only say that they might legislate

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how they would, but while manufactures were to be produced by boiling a kettle, so long would starvation dog the artisan who had been bred to work in a manufactory for his support.
Mr. Maberlysaid, he was of opinion that it would be highly impolitic for the Legislature to extend a remunerative protection to the agricultural interest any more than to those who were concerned in cotton, iron, or linen. Agriculture ought to be protected only in the same ratio with whatever else paid a duty; for example— in the same proportion with glass. The profits of agriculture were abated by the payment of tithes, which so far entitled the parties interested to be placed on a footing-similar with those rated in another form. He attributed the distress of such numbers of the people to the want of a local circulation; and in practical proof of the correctness of such reasoning he could demonstrate that money was scarce broughout the whole of the kingdom, while on the other hand articles of consumption were plentiful. It was very possible that the real privations of the people were, in a great degree, to be ascribed to the affluence and strength of the national resources. In his elaborate treatise on political economy, Mr. Ricardo, if he remembered rightly, had explained the principle by stating that when great and opulent nations had a redundancy of wealth, capital naturally competed with capital, and in the end produced low profits to the working classes: yet that low profits were proofs not of poverty but of wealth. Thus, although the wealth of the country might continue the same, public distress would nevertheless arise. To this state of things, in his opinion, we had now come. He apprehended that the people would for a long time suffer from low prices; and yet perhaps, high prices were the greater evil of the two. If labour were remunerated at high wages, we could not exchange it profitably in other parts of the world, and so bad would become worse. As to steam machinery, he considered it a principal source of our prosperity. In fact, it was to that we were chiefly indebted for our ability to pay taxes. [hear] He hoped, that Ministers would adopt his recent suggestion with respect to the currency, as it would prove a material and grateful relief to all ranks of the people.
Mr. Humesaid, he hoped, that before the House should be called on to vote the supplies, Ministers would lay before them a statement of the promised reductions in public expenditure. The custom had been too much neglected of late years, but he expected that a complete preliminary view of ways and means would on this occasion be submitted. Indeed, in the event of any reluctance to do so being manifested, the House would be wanting to itself if it proved backward to enforce it; he for one should use his utmost endeavour to enforce such preliminary explanation.
The motion, pro forma, that the House go into a Committee on the Speech was then agreed to.

COMPOSITIONS FOR TITHES.
Mr. Greenerose to move for leave to bring in a bill to enable incumbents of livings in England and Wales to enter into renewable Compositions for their Tithes, by agreement with the owners of land in their respective parishes. He conceived it to be needless to detain the House at any length, in moving for leave to bring-in the bill. Addressing landowners, he need not inform them of the inconveniences they sustained from the present system of tithes; and an extensive correspondence in which he had been engaged with parochial clergy, satisfied him that they were as anxious as the landholders for some change in the mode of collecting tithe. He felt the importance of not approaching such a subject rashly and inconsiderately; and he was therefore glad to avail himself of the precedent, which had been set in the numerous private acts passed on this subject. To each of these the consents of the bishop, the patron, the incumbent, and the landowners, had been given, and he therefore felt assured, that from a measure following strictly the course that had been adopted in them, no injury could accrue to any party. The present bill was of a permissive nature. It only went to authorise the appointment of commissioners at once, instead of requiring a private act in every instance. Those commissioners being necessarily men of education—men placed beyond, the suspicion of countenancing anything unfair—justice might reasonably be expected to be done to all parties. They would be judges of the reports of the tithe valuers, by whom the, value of the tithes

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of any parish for the preceding fourteen years should be ascertained, and whatever that might prove should be affixed as a rent-charge upon the parish for ever, variable, however, by averages of the price of wheat to be struck every seven years, so as to meet the changes in the value of money. In order further to provide against alterations which might take place in the value of agricultural produce, inclosure and improvement of land, each party at the end of twenty-one years might call for a fresh commission to ascertain the actual value of all such matters as might have been decided by the award of the first commissioners to be titheable, but they were to have no power to disturb the determinations of the former commissioners respecting moduses, or other partial or entire exemption. This scheme, he admitted, was not new, and he regarded its want of novelty as a strong recommendation to it. It had been tried partially, and found to answer, and a plan similar to this had been submitted to the House in the Report of the Commissioners of Land Revenue in 1792. In conclusion he begged to express the sincerity and warmth of his attachment to the church establishment, and his firm conviction that, the bill which he now proposed to introduce, if passed into a law, was calculated to afford ease and comfort to the clergy, to secure to them permanent and settled incomes; and while it relieved the landowner from many of the inconveniencies which press on him, would also relieve the clergyman from much that was painful to him, and must tend to enlarge his sphere of usefulness. He called on the House to support the measure.
Mr. Humesaid, he was not sorry to see this subject again brought under the consideration of the House. He, however, must deprecate a clause which it was proposed to introduce; namely, that enabling the clergy to enjoy the effects of capital expended in the improvement of land, and so far discouraging the honest industry employed in its cultivation. The peculiar feature of—thence the peculiar objection to—a tithe-tax was, that it was a tax upon industry, increasing with the application of labour to agriculture, and as a consequence tending to restrict that application. When it was first levied, it was paid in kind, solely because there existed no other mode of payment equally convenient; but since commerce and the change
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of manners and institutions had induced a far different state of things, payment in kind was no longer desirable. He saw no reason whatever against changing the system altogether, and for not paying the clergy according to the mode pursued in the army and navy. The measure proposed by the hon. Member appeared to him objectionable, because it did not go far enough; he, however, would give it his support as a step towards improvement; he should indeed have preferred a plan of more extent—one, for example, which would institute a commission to value the tithes of every parish in the kingdom. There were two species of tithe obligations —lay and clerical—the commission would embrace the valuation of both. He would give the commissioners a power to sell at a fair market-value those tithes which belonged to lay proprietors. He said at a market value, for those tithes were a matter of daily sale—in fact were advertised in newspapers, and sold as common as a two penny loaf; [hear, and a laugh] so that there could be no difficulty in determining their fair value. With respect to the tithes belonging to clerical incumbents, he would pursue a different course; he would have them consolidated in one fund, from which the clergy should be allowed a fixed stipend, in proportion to their rank and amount of bona fide duty. By this means, all the evils consequent upon tithe-litigation would be avoided, and the meritorious and zealous minister would be rewarded; while the present system of idle and corrupt pluralities would be put an end to. He saw no objection to either arrangement. By purchasing up lay tithes at a fair market price, the lay proprietor would be fairly compensated for his property; by paying the clergy a fixed stipend, much that was objectionable in the present system would be precluded. This would relieve the agriculture of the country, and thousands he might almost say millions—of persons now unemployed would then find employment; for many who now avoided investing their money in property liable to tithe according to its increased value, would then endeavour to make improvements in it, and by so doing, would give employment to a great number of persons. It could not now be said that church property was sacred; that to touch it would be an act similar in kind to the spoliation of private property; for

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the Tithe Commutation act of the present Chancellor of the Exchequer recognised and acted upon the principle of interference. [hear] When he (Mr. Hume) proposed such a measure, he was scouted by the right hon. Gentleman and his colleagues, as one who had proposed to rob the church of what as much belonged to it as any man's house or chattels to him; and yet, within one year, the right hon. Gentleman himself proposed, and, while in office, passed, the very same measure. He would support the proposed measure of the hon. Member for Lancaster, though he could not approve of the twenty-one years' valuation clause.
Mr. Trantsaid, he thought that a measure of such extensive interference would be neither more nor less than a positive spoliation of property. When gentlemen purchased land, and farmers took it on lease, they did so having made calculations of the amount to be mutually deducted from the purchase-money or the rent, as tithes. He was sure the country gentlemen of England would never suffer the vested rights of the clergy to be thus invaded. He never wished to see the clergy made the subject of spoliation.
Mr. Humebegged, in reply to any such language, to be permitted to deny that he contemplated anything in the way of what was termed "spoliation;" he wished every thing to be done on the principle of fair and equitable compensation, and he disclaimed any intention or desire to deprive the clergy of their just claims to public support.
Mr. Greenereplied.—His great object was, to put an end to those litigations which so much disturbed the harmony between clergymen and their parishioners.
Leave was given to bring in the bill.

MINUTES.
The LORD CHANCELLOR gave notice, that it was his intention to lay on their lordship's table, in a few days, a Bill respecting the Court of Chancery.—The EARL of SHAFTESBURY moved, that no Petition or Private Bill be received after Wednesday, March 25; and that no Report from the Judges be received after Monday, April 21.—Ordered.

GREECE.
Lord Holland, perceiving from his Majesty's Speech that the final settlement of the affairs of Greece was not yet accomplished, should take an early opportunity to call on their Lordships to express an opinion on the subject; and he then rose to give notice of his intention, and to move that their Lordships should be summoned for Friday next. If he consulted his own convenience he should fix a more distant day; but as he apprehended the settlement would soon be accomplished, to do justice to the motion it was necessary to submit it to their Lordships on an early day. He had not yet settled in his own mind what would be the words of his motion, but it would be in the form of a resolution to this effect:—"Resolved, That no plan for the pacification of Greece can be approved as advantageous, or as honourable to his Majesty's Crown, which does not give to that country a territory sufficient to maintain a national defence,
At the Court at Windsor, the 2nd of February, 1830,
PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.
1. [Recital and repeal of all the laws for improving the condition of slaves, made in the crown colonies since the Trinidad order in council of the 10th of March, 1824, including that order. The repeal not to bar prosecutions for past offences, nor to destroy any vested rights.] WHEREAS, on the 10th of March, 1824, an order was made by his majesty, with the advice of his Privy Council, making provision for the religious instruction of the Slaves in his majesty's Island of Trinidad, and for the improvement of their condition: And whereas, on the 7th day of September, 1825, an ordinance for the religious instruction of Slaves in his majesty's united colonies of Demerara and Essequibo, was enacted by the lieutenant-governor and court of policy of the said colonies: And whereas, on the 25th day of September, 1826, an ordinance for promoting the religious instruction, and bettering the state and condition of the Slave-population in his majesty's colony of Berbice, was enacted by the lieutenant-governor, and the council of government of that colony: And whereas, on the 8th February, 1826, an ordinance was enacted by the governor of his majesty's Island of St. Lucia, with the advice of the council of government of the said Island, for the better government of Slaves in St. Lucia, and for improving their condition: And whereas, on the 19th day of June, 1826, an ordinance was enacted by the lieutenant-governor of the colony of the Cape of Good Hope, in council, for improving the condition of the Slaves at the Cape of Good Hope: and whereas, on the 7th day of February, 1829, an ordinance was passed and enacted by the governor of his majesty's Island of Mauritius in council, for improving the condition of Slaves in that Island, and its dependencies: And whereas, in the said colonies, or some of them, laws and ordinances, or proclamations, have been enacted for the explanation or amendment of the order of his majesty in council, and the several ordinances hereinbefore mentioned, or some of them: And whereas, on the 5th day of February, 1827, there were laid before his majesty in council, four petitions from various proprietors and mortgagees of estates in the colonies of Demerara and Berbice, praying that no
and such a system of Government as is consistent with the wishes of the people, and calculated to be secured against the control of foreign Governments."

ANSWER TO THE ADDRESS.
The Duke of Montrosepresented his Majesty's Answer to their Lordships Address; it was as follows:—
"My Lords:—I thank your Lordships, for your loyal and dutiful Address; and I rely with great confidence upon your zealous co-operation in all measures calculated to improve the condition of my subjects, and to maintain the honour and high character of the country."
The Address, on the motion of the Duke of Wellington, was ordered to be printed and published.

CONDITION OF THE SLAVES IN THE WEST INDIES.
Earl Bathurst, by command of his Majesty, presented the following ORDER of the KING IN COUNCIL for consolidating the several laws recently made for improving the condition of the Slaves in his Majesty's Colonies of Trinidad, Berbice, Demerara, St. Lucia, the Cape of Good Hope, and Mauritius.
order in council might issue, allowing the Slaves in Demerara, to purchase their freedom without the concurrence of their masters; and that so much of the order so passed as aforesaid by the lieutenant-governor and council in Berbice, as allows Slaves so to do in that colony, might be rescinded: And whereas, on the said 5th day of February, 1827, his majesty was pleased to refer the consideration of the said petitions to a committee of his privy council, and the said committee having proceeded to take the said petitions into their consideration, and having heard what was alleged on the behalf of the said petitioners, did, on the 18th day of March, 1829, report to his majesty in council their opinion that no sufficient cause had been shewn why his majesty should rescind so much of the said ordinance of the said lieutenant-governor of Berbice in council, as enables the Slaves within the said colony to effect the purchase of their freedom upon an appraisement in cases where the owners of any such Slaves might not be consenting, or by reason of some legal disability, might be unable to give any valid consent to such purchase, and that it might be expedient for his majesty in his privy council to issue an order confirming and giving effect to the said ordinance of the said lieutenant-governor in council, with such modifications with a view to the more effectual execution thereof, as might appear advisable, regard being had to the laws of the said colony, which laws his majesty had been graciously pleased to preserve and maintain: And whereas, on the 18th day of March, 1829, his majesty, with the advice of his privy council, was graciously pleased to confirm and approve the said report: And whereas, it is expedient that the laws for improving the condition of the Slaves within the said several colonies should be uniform, so far as may be practicable, due regard being had to the local circumstances and peculiar laws of the said colonies respectively; and it is therefore expedient to revoke the said order of Ins majesty in council of the 10th day of March, 1824, and the several laws, ordinances, and proclamations so passed and enacted as aforesaid in the said several colonies, and to consolidate and bring into one law applicable to all the said colonies, such provisions as it is necessary to make for improving the condition of the Slaves therein: it is therefore hereby ordered by the king's most excellent majesty, by and with the advice of his privy council, that the said order of his majesty in council of the 10th day of March, 1824, and the said ordinance of the lieutenant-governor and court of policy of Demerara of the 7th day of September 1825, and the said ordinance of the lieutenant-governor and council of the colony of Berbice of the 25th clay of September 1826, and the said ordinance of the governor in council of Saint Lucia of the 8th day of February 1826, and the said ordinance of the lieutenant-governor of the colony of the Cape of Good Hope of the 19th day of June 1826, and the said ordinance of the governor in council of Mauritius of the 7th day of February 1829, together with all laws, ordinances, and proclamations, passed, enacted, or promulgated within the said several colonies, or any of them, for the explanation or amendment of the said order in council of the 10th day of March, 1824, and of the said several ordinances, or any of them, shall be, and the same are hereby respectively revoked, repealed, and annulled: Provided nevertheless, that the said repeal shall not take effect within any of the said colonies until this present order shall in manner hereinafter mentioned, have been duly promulgated and made known in such colony: Provided also, that notwithstanding the repeal of the said order in council of the 10th of March, 1824, and of the several ordinances, laws, and proclamations, aforesaid, all crimes or offences committed against the same, or any of them, and all fines, penalties, and forfeitures incurred under the same, or any of them, shall continue liable to be punished, sued for, recovered and applied in such and the same manner as if this present order had not been made; and that all rights of what nature or kind soever, which under and by virtue of the said order in council of the 10th of March, 1824, and of the said several ordinances, laws, and proclamations, or any of them, had actually accrued to, and become invested in, any Slave or Slaves, or other person or persons, before or at the time of such repeal as aforesaid, shall be preserved to and continue vested in such Slaveor Slaves, or other person or persons, as fully and effectually in all respects as though this present order had not been made.
II. [The appointment of a protector of slaves in each of the crown colonies, saving existing offices.] And it is further ordered that within each of the said several colonies of Trinidad, Demerara, Berbice, St. Lucia, the Cape of Good Hope, and Mauritius, there shall be an officer to be called the Protector of Slaves, who shall hold such his office at his majesty's pleasure, and shall from time to time be appointed to the same by his majesty: Provided, nevertheless, that any person now holding the office of Protector of Slaves in any of the said colonies, under the said order in council of the 10th March, 1824, or under the said ordinances or any of them, shall without any new or further appointment be and become the Protector of Slaves in such, colony, as fully to all intents and purposes, as if he had been appointed to such his office, under and in pursuance of this present order.
III. [The salary of protectors of slaves, and the oaths to be taken by them.] And it is further ordered that each of the said Protectors of Slaves shall receive such a salary as his majesty shall be pleased to appoint, and that before any such Protector shall enter upon the duties of such his office, he shall appear before the governor of the colony to which he may be so appointed, in whose presence he shall take and subscribe an Oath, which such governor is hereby required to administer in the following terms; "I, A, B. do swear that I will, to the best of my knowledge
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"and ability, faithfully execute and perform the duties of the office of Protector of Slaves in "the colony of without fear, favour, or partiality. So help me God."
IV. [The protectors to keep offices, the hours of their attendance, and the custody of their records.] And it is further ordered, that the said protector of slaves shall establish and keep an office in the principal town or seat of government in each of the said colonies respectively, and shall regularly attend at such office on such days, and during such hours of the day, as the governor of the colony, by any general or special order to be by him for that purpose issued, may appoint; and shall at such office, and not elsewhere, keep, deposit, and preserve the several records, books, papers, and writings hereinafter directed to be kept by him.
V. [The protectors not to be owners or managers of slaves on paying of a forfeiture of office. Until that forfeiture is publicly declared, all intermediate acts are to be valid. The protector may hire slaves for his domestic service if unable to hire free servants.] And it is further ordered, that no such protector of slaves shall himself be the owner of any slave, nor have any share or interest in, or any mortgage or security upon, any slave, nor be the proprietor of, nor have any share, or interest, or mortgage, or security, upon any land, cultivated by the labour of slaves, and he is hereby declared to be incompetent to be, or to act as the manager, overseer, agent, or attorney, of, for, or upon any plantation, or estate within the colony to which he may be so appointed; and in case any such protector of slaves shall acquire, have, hold, or possess, either in his own right, or in right of his wife, or as guardian of, or in trust for, any other person or persons, any slave, or any land, cultivated by the labour of slaves, or any share or interest in, or any mortgage or security upon any such land or slaves, or shall act as such manager, overseer, agent, attorney, guardian, trustee or executor as aforesaid, he shall thenceforth, de facto, cease to be such protector of slaves, and forfeit such his salary, and some other fit and proper person shall forthwith be appointed to succeed to his said office: Provided nevertheless, that all acts which may be done by or by the order of any such protector of slaves, after any such avoidance as aforesaid of such his office, and before the same shall, by public notice in the Gazette of the colony to which he had been appointed, be declared void, shall be as valid and effectual in the law as if no such avoidance had occurred: Provided that nothing herein contained, shall prevent any such protector of slaves from hiring, and employing any number of such hired slaves, for and in the domestic service of himself or any members of his family, if it shall be first made to appear by such protector, to the satisfaction of the governor of the colony to which he may belong, that it is not in his power to hire free persons to perform such domestic services.
VI [The protectors to be constantly resident except by the licence of the secretary of state. In case of sickness the governor may grant a leave of absence for a limited time.] And it is further ordered, that every such protector of slaves shall, at all times, be resident within the colony to which he shall have been appointed, and shall not quit the same without a special licence to be granted for that purpose by his Majesty, through one of his principal secretaries of state: Provided, nevertheless, that if it shall be made to appear to the governor of any such colony, as aforesaid, that the absence of the protector of slaves of such colony is essential to his health, then, and not otherwise, such governor may grant to such protector a leave of absence for any lime not exceeding twelve months in the Cape of Good Hope and Mauritius, nor exceeding six months in the colonies of Trinidad, Saint Lucia, Demerara, and Berbice.
VII [On the death of protectors or other avoidance of office, temporary assistants to be appointed with salaries, and to be qualified (if possible) in the same manner as the principals.] And it is further ordered, that upon the death, suspension, removal, or resignation of any such protector of slaves, or in the event of the bodily or mental incapacity of any such protector, or during his absence from the colony to which he may have been appointed, it shall be lawful for the governor of such colony to appoint some other person to act as protector of slaves until his Majesty's pleasure shall be known, and in any such interim protector shall receive such allowance, to be deducted from the salary of the protector, if living, as the governor for the time being of such colony shall appoint: Provided always, that no person shall be so appointed or shall act in any of the colonies aforesaid, by virtue of such appointment, who, according to the provisions of this order, would be incompetent to act as protector of slaves, unless it shall appear to the governor of such colony that a proper person, duly qualified and willing to act as such, cannot be found: And all persons so appointed shall, during their continuance in any such office, have, exercise, and enjoy, all and every the powers hereby vested in the protectors of slaves, and shall be subject and liable to all such rules, regulations, and penalties, as are hereby made and provided with respect to such protectors. Provided also, that all protectors of slaves in the said colonies, shall at all times perform their duty in person, and not by deputy.
VIII. [Assistant protectors to be appointed to execute all lawful instructions of the protector.] And it is hereby further ordered, that assistant protectors of slaves shall be appointed by the governors of the said several colonies respectively, in each of the districts thereof, and such assistant protectors shall and are hereby required, in their several districts, to be assisting to the respective protectors of slaves of the said colonies, in the execution of the powers hereby committed to them, and for that purpose to obey and carry into execution such lawful instructions as they may, from time to time, receive from such protectors of slaves respectively, in relation to the matters herein contained, or any of them.
IX. [In cases of complaints by or against slaves, the protector or assistant protector cannot act us a magistrate.] And it is hereby further ordered, that no protector, or assistant protector of slaves, within the said colonies, shall be competent to act as a magistrate or otherwise, for the decision of any complaint preferred by or against a slave, or for the punishment of any offence committed by or against any slave.
X. [The protector or assistant protector is to have notice of all prosecutions against slaves in capital or transportable cases, and of suits affecting their freedom and property, and of prosecutions for offences against their persons, and is to attention behalf of the slave.] And it is further ordered, that in all actions, suits, and prosecutions, which may at any time hereafter be brought or commenced in any tribunal or court of justice, within any of the said colonies wherein any slave may be charged with any offence punishable by death or transportation, or wherein any question may arise as to the right of any alleged slave to freedom, or wherein any person may be charged with the murder of any slave, or with any offence against the person of any slave, or wherein any question may arise respecting the right of any slave to any such property, as he or she is hereinafter declared competent to acquire; then, and in every such case such notice shall be given to the protector, or assistant protector of slaves for the district in which such accused slave may be resident, of every such action, suit, or prosecution, as according to the law of such colony would be given to the said slave, if he or she were of free condition; and such protector or assistant protector, shall and is hereby required, to be present at the trial and all other the proceedings in every such action, suit, or prosecution as the protector of such slave, and on his or her behalf.
XI. [The protector or assistant protector on receiving notice of an injury done to a slave is to inquire into the case, and, if necessary, is to sue or prosecute the wrong-doer.] And it is hereby further ordered, that if complaint shall be made to any such protector or assistant protector as aforesaid, of any wrong or injury inflicted upon, or received by, any slave within the respective colonies aforesaid, or if it shall come to his knowledge that any such wrong or injury hath been so inflicted or received, it shall be the duty of such protector or assistant protector, to inquire into the circumstances of the case, and if in the result of such inquiry it shall appear expedient to such protector or assistant protector, that a civil action be brought, or a criminal proceeding instituted, against any person or persons in respect of any such wrong or injury, it shall be his duty and he is hereby required, to institute a civil action or a criminal proceeding, as the case may be, against any such offender or wrong-doer, and to conduct such action or proceeding to its close by himself or any advocate or solicitor to be by him employed for that purpose.
XII. [Sunday markets absolutely prohibited.] And whereas the custom of holding public markets on Sunday hath prevailed in the said colonies, or some of them, it is hereby declared that such markets are unlawful, and that the same shall henceforth absolutely cease and determine.
XIII [Proceedings to be had for the dispersion of markets holden on the Sunday.] And it is further ordered, that if any free persons or slaves shall on any Sunday hold any market, or assemble for the purpose of holding any market, in any town or other place within any of the said colonies, it shall be the duty of the officers of police acting in and for any such town or place, and they are hereby required to make proclamation calling upon all persons present at any such market or assemblage forthwith to disperse, and any person who after such proclamation made shall continue present at any such market or assemblage, or shall return thither for the purpose of holding any such market as aforesaid, shall forfeit a sum not less than five, nor exceeding twenty shillings for every such offence.
XIV [The prohibition of the public sale of goods on Sunday in shops or elsewhere] And it is hereby further ordered, that if any slave or slaves, or free person or persons, shall, at any place within any of the said colonies, sell or expose for sale, on Sunday, any merchandize, goods, or effects whatever, it shall be lawful for any officer of the Police of such colonies respectively to seize any such merchandize, goods, and effects, and cause them to be taken before any judge or magistrate of police of such colony, who, upon view of the articles so seized, shall either order the same to be sold, or cause the same to be tendered to the person or persons from whom they were so taken, and restored to them, him, or her, upon payment, by any such person or persons, of a sum not less than ten, nor more than twenty shillings; and the proceeds of every such sale, or the money so to be paid for the redemption of any such goods, shall be applied, one half for the benefit of the poor of the town or place in which such seizure shall be made, and the other half shall be paid to the person or persons making such seizure.
XV. [The sale of certain perishable articles permitted, except during divine service.] Provided always, and it is further ordered, that nothing herein contained shall extend, or be construed to extend, to prevent the sale of medicines, or of provisions for consumption in any inns or victualling houses, on Sunday, nor to prevent the sale of milk, fresh meat, fish, or turtle, in any shop or store on Sunday, between the hours set apart for the celebration of divine service on that day.
XVI. [The governor is to appoint one market day in each week.] And it is hereby ordered, that it shall be lawful for the governor of each of the said colonies respectively, and he is hereby required by a public proclamation or proclamations, to be by him from time to time for that purpose issued, to appoint one day in each week for holding markets, at all places within the
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said colony, at which it hath heretofore been customary to hold markets on Sunday, and to determine the hours of the day during which such markets shall be holden; and from time to time, as occasion may require, to alter the day, or the hours of the day, so to be appointed, as aforesaid; and on any such weekly market-day it shall not be lawful to seize in execution, under any civil process whatever, any slave resorting to, or being at, or returning from any such market, but every such seizure shall be absolutely null and void to all intents and purposes.
XVII. [Prohibition of labour on Sunday.] And it is further ordered, that no slave within any of the colonies aforesaid, shall be liable, except as hereinafter excepted, to labour for the benefit, profit, or advantage of his or her owner or manager, or of any person or persons whatsoever, on any Sunday throughout the year.
XVIII. [Penalty on persons working their slaves on Sunday.] And it is further ordered, that if any person shall compel, or shall by any means hire or induce any slave to perform or engage in any labour on any Sunday, except in the cases hereinafter excepted, the person so offending shall, in respect of every such slave, incur a fine of not less than twenty shillings, nor more than three pounds.
XIX. [Exception of the labour of domestic servants.] Provided nevertheless, and it is further ordered, that nothing herein contained shall extend to any domestic work or labour which may be performed on Sunday, by any slave usually employed as a domestic, nor to any labour performed by any slave in the tending or care of cattle.
XX. [Slaves may be employed on Sunday in works of necessity. The governor, by proclamation, to define what works are necessary. Notice to be given to the protector of every such employment of slaves.] Provided also and it is further ordered, that nothing herein contained shall prevent the employment of slaves, in any of the colonies aforesaid, on Sunday for the performance of any work of necessity. But for the prevention of abuses herein, it is further ordered that the governors of the said colonies respectively, shall from time to time, by proclamations to be by them for that purpose issued, define, with all possible precision, every work of necessity in which any such slave may be so employed on Sunday, and restrict and limit any such employment by such conditions as to them respectively may seem just: and every person who, on the ground of any such necessity, shall employ any slave or slaves to labour on Sunday, shall give to the protector or assistant-protector of the district in which such slave or slaves shall be resident, a previous notice in writing of his or her intention so to employ such slaves; or, if by reason of any unforeseen emergency it shall not be possible to give such notice previously to the actual employment of such slave or slaves, then a notice in writing that any such slave or slaves hath or have been so employed, shall, within forty-eight hours next after such employment, be given to such protector or assistant-protector, and no person employing any slave to labour within any of the said colonies on Sunday, on the ground of necessity, shall be exempted from the penalties hereby imposed, unless such written notice as aforesaid be given within the time aforesaid to such protector or assistant-protector; nor unless the necessity shall be such as shall have been defined by a proclamation so issued by such governor as aforesaid, nor unless the conditions and restrictions in any such proclamation contained shall be observed and performed.
XXI. [The whip may not be carried in the field as a stimulus to labour, nor as an emblem of authority, nor used except for the punishment of a fault previously committed.] And it is hereby further ordered and declared, that it is and shall henceforth be illegal for any person or persons within any of the said colonies while superintending the labour of any slave or slaves in any agricultural or manufacturing operation, to carry any whip, cat, or other instrument, usually employed in the punishment of slaves, or to exhibit any such whip, cat, or other instrument, as a mark or emblem of the authority of the person or persons so carrying or exhibiting the same over any slaves or slave, or to strike, beat, or scourge any slave or slaves with any such whip, cat, or other instrument, unless for the punishment of some fault by such slave or slaves previously committed; and any person who in contravention hereof shall so carry, exhibit, or use any such whip, cat, or other instrument, or direct, authorize, procure, or be assisting in or towards the commission of any such offence, shall be and be deemed guilty of a misdemeanour.
XXII. [Females may not be punished by whipping. Males may not receive more than twenty-five stripes for one offence, nor more than twenty-five lashes in one day, nor any whipping so long as any unhealed sears remain on the body, nor unless one free witness, or six slaves, be present.] And it is further declared and ordered, that it is, and shall be illegal to correct or punish any female slave within any of the said colonies by the flogging, whipping, scourging, or beating of her person, and that it is and shall henceforth be illegal to correct or punish any male slave within any of the said colonies by the flogging, whipping, scourging, or beating of his person, if the whole number of stripes inflicted on such male slave for any one offence, shall exceed twenty-five, or if by any number of successive punishments, more than twenty-five stripes in the whole be inflicted on any such male slave, within twenty-four hours; or, if at the time of inflicting any such punishment there shall be on the person of such slave, any unhealed wound or laceration occasioned by any former punishment; or, if some one person of free condition, not being either the person inflicting, or the person authorizing
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the said punishment, be not present at and witnessing the infliction of such punishment, or in cases where the attendance of no such free witness can be procured, then if six adult slaves at the least, be not present at, and witnessing the infliction of such punishment; and any person or persons who, in contravention hereof shall correct or punish any female slave by the flogging, whipping, scourging or beating of her person, or inflict upon any male slave any punishment to an amount or under circumstances so prohibited and declared illegal as aforesaid, or direct, authorize, or procure, or be assisting in or towards the commission of any such offence, shall be and be deemed guilty of a misdemeanour.
XXIII [Exception of judicial punishment.] Provided nevertheless, and it is hereby ordered, that nothing herein contained shall extend to any punishment which may be inflicted upon any male slave by virtue of the sentence of any court of competent jurisdiction within any of the colonies aforesaid.
XXIV [Punishments of female slave children excepted, if not mure severe than punishments legally inflicted in schools on children of free condition.] Provided also, that nothing herein contained, extends, or shall be construed to extend, to prevent the owner or manager of any female slave under the age of ten years, from causing her to be punished for any fault by her committed, in the same manner, and to the same extent, as any female child of free condition may lawfully be, and usually is punished in any schools for the education of youth in the said colonies respectively.
XXV. [The governors authorized to prescribe the modes of punishment which in the case of female slaves are to be substituted for punishment by the whip.] And whereas, it is necessary that effectual means should be adopted for the punishment of such offences as may hereafter be committed by female slaves within the said colonies, but regulations of that nature cannot conveniently be made, except by persons resident within the said colonies, it is therefore ordered, that any female slave, who shall commit any offence within any of the said colonies, which by the laws in force there, was heretofore punishable by whipping, shall, for such her offence, be subject and liable to imprisonment, or to confinement in the stocks, or to such other punishment as may be specially authorized by any proclamation or proclamations, from time to time to be for that purpose issued, by the governors of the said colonies respectively; and in such proclamations the said governors shall prescribe with all practicable precision, the nature and extent of the punishments so to be substituted for the punishment of whipping in the case of female slaves, and shall make such rules and regulations as may be necessary for preventing and punishing any abuses in the infliction of such substituted punishments.
XXVI. [The protector in each colony is to deliver to every manager of slaves, annually a book for keeping a record of all punishments inflicted on plantation slaves.] And it is further ordered, that the protector of slaves in each of the said colonies, and every assistant protector in his district, shall in the month of December, in each year, on application to him and them for that purpose made, deliver to every manager of slaves employed in any agricultural or manufacturing labour within the said colonies, a printed blank book to be called the Punishment-record Book, and to be made up for, and to be used during the year commencing on the 1st day of January then next ensuing; and for every such book, every such protector or assistant protector of slaves, as the case may be, shall be entitled to demand and receive the sum of one shilling, and no more; and every such manager of slaves shall, and is hereby required to supply himself with a copy of such printed blank book on payment of the sum aforesaid to such protector or assistant protector; and if any person shall at any time during the year next ensuing, upon any such month of December, and after the commencement of such year, enter upon the management of any slaves employed in any such labour as aforesaid, every such person shall, and is hereby required, to supply himself or herself with a copy of such printed blank book, on payment of the sum aforesaid to such protector or assistant protector.
XXVII. [The manager is to insert in the books an account of every punishment, the age and sex of the slave, the offence, the time, and place where committed, the extent of punishment, by whom authorized and inflicted, and the witnesses present.] And it is hereby further ordered, that every manager of slaves employed in agricultural or manufacturing labour, within any of the said colonies, shall insert in such printed blank book as aforesaid, an exact and true account of every punishment by him or her, or by his or her authority inflicted upon each and every such slave, specifying the age and sex of the slave so punished, and the nature of the offence in respect of which such punishment may have been inflicted, and the time at which, and the place where such offence was committed, and the time at which, and the place where such punishment was inflicted, and the nature and extent of the punishment; and the name of the person by whom, and by the authority of whom the punishment was inflicted, and the name or names of the witness or witnesses present and attending at the infliction of every such punishment; and in the cases of any male slaves, who shall be punished by whipping, the number of stripes actually inflicted upon the offender.
XXVIII. [Penalties on omitting to make entries and on false or fraudulent entries, erasures, &c.] And it is further ordered, that if the manager of any plantation slaves within any of the said colonies, shall neglect or omit to make in the said punishment-record book any entry which, according to the provisions of this order ought to have been made therein, or shall not make such entry within two days next after the infliction of the punishment to which such entry may
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refer, the persons so offending shall incur a fine not exceeding twenty pounds, nor less than two pounds: and if any person or persons shall wilfully or fraudulently make, or cause or procure to be made any false or fraudulent entry or erasure in any such punishment-record book, or shall wilfully or fraudulently burn, destroy, cancel, or obliterate the same, or any part thereof, he, she, or they shall be deemed to be guilty of a misdemeanour.
XXIX. [Half-yearly returns to be made of the entries in these books, on the oath of the manager.] And it is further ordered, that every manager of any plantation-slaves within the said colonies, shall on or within five days next after the first Monday which shall happen next after the 5th day of April and the 29th day of September in each year, repair to the protector, or the assistant protector of slaves for the district in which such slaves shall then be resident, and shall then and there produce before him an exact transcript of every entry which, during the half-year next preceding, may have been made by such manager in his or her punishment-record book, and shall then and there take and subscribe before such protector or assistant protector, an affidavit to be annexed to the said transcript in the following words, that is to say—
"I,A. B. do make oath, and say, that the paper writing hereunto annexed contains a "true and exact copy of every entry, which, since the day of last, "hath been made in the punishment-record book of the plantation-slaves under my management. And I do further swear, that the said punishment-record book hath been punctually "and accurately kept since the said day of in the manner by law required, and that no fraudulent erasure or false entry hath been made therein by me or by any person by my procurement, or with my consent, or to my knowledge and belief. So help me God."
XXX. [In cases where the manager cannot write, he may employ another person to keep the record, and is to be sworn in a different form.] And whereas some persons having the management of plantation-slaves in the said colonies may be unable to write or keep such records as aforesaid, it is further ordered, that it shall and may be lawful for any such person to employ any other person to keep such record of punishments on his or her behalf, and to every such illiterate person as aforesaid, instead of the oath hereinbefore mentioned, the protector or assistant protector of slaves, as the case may be, shall, and is hereby authorized to administer an oath in the following words, viz.—
"I, A. B. do make oath and say, that I am unable to write. I do further swear, that the "punishment-record book of the plantation-slaves under my management, hath, to the best of my belief, been punctually and accurately kept since the day of in the manner by law required, by C. D., of whom I have employed for "that purpose: and I do swear, that no fraudulent erasure or false entry hath been made therein "by me, or by any person by my procurement, or with my consent, or to my knowledge or belief. So help me God."
XXXI. [In cases where no punishments have been inflicted during the half-year, a special return on oath to be made of that fact.] And in case any such manager as aforesaid shall not, since the time of making his said last preceding return, have inflicted, or authorized to be inflicted, any such punishment as is hereinbefore required to be recorded in the said book, then, and in every such case, in lieu of the oath aforesaid, such owner or manager shall, at the time and place aforesaid, take and subscribe an oath in the following words, that is to say—
"I, A. B., do swear, that since the day of now past, no punishment hath been inflicted by me, or by my order or authority, or to my knowledge or belief, upon any plantation-slave under my management. So help me God."
XXXII. [The protector is to supply all managers with blank forms of returns, and to publish the time and place when he will attend to receive them. In case of sickness the manager to be attended at his own home.] Provided always, and it is further ordered, that the protector or assistant protector of slaves, within each of the said colonies shall, fourteen days at the least before the time appointed for making the said returns, transmit to the manager of all plantation-slaves within their respective districts, a printed blank form of each of the before-mentioned affidavits, together with a notice of the time and place at which he will attend for the purpose of receiving the said returns, and administering the oaths aforesaid, and the said assistant protectors of slaves shall, and they are hereby required, to attend accordingly from day to day for six successive days, and no more, for the purposes aforesaid; and in case it shall be made to appear to any such protector or assistant protector, by the oath of any medical practitioner, which oath such protector or assistant protector is hereby authorized to administer, that any person liable to make such return is, by reason of sickness, incapable of attending for that purpose at the time and place so to be appointed as aforesaid, then, and in every such case, such assistant protector shall, and he is hereby required, to attend any person so incapacitated, at his or her place of abode, for the purpose of receiving the said returns, and administering such affidavits as aforesaid.
XXXIII. [Penalties on persons omitting to make their Returns.] And it is hereby ordered that if any person shall refuse or neglect to make any return hereby required of him or her, or to make or take and subscribe any oath which he or she is hereby required to take and subscribe, the person so offending shall incur a fine not less than ten pounds, and not exceeding fifty pounds.
XXXIV. [The assistant protectors are to transmit their returns to the protector, with a list of defaulters, and the assistant protectors are to make their own returns to the protector himself] And it is hereby further ordered, that the assistant protector of slaves of each district within the said respective colonies, shall, and he is hereby required to transmit to the protector of slaves of such colony the whole of the returns so to be made to him as aforesaid, together with the original affidavits, thereunto annexed, within fourteen days next after the latest day so to be appointed as aforesaid for receiving the same, together with a list of all managers of slaves within the district to which such assistant protector may belong, who shall not have completed or made the returns required from them by law; and if any such assistant protector shall himself be the manager of any plantation slaves, he shall within such time as shall by the said protector of slaves be for that purpose appointed, deliver or transmit to the said protector, a transcript of the entries in his own punishment-record book, together with an affidavit to be by him sworn before the said protector of slaves or before any other person to be by such protector for that purpose appointed, in the manner and form herein prescribed, and under such and the like penalty as is hereinbefore mentioned in the case of other persons refusing or neglecting to make their returns or to take the before mentioned oaths.
XXXV. [The protector may send back for correction returns improperly or irregularly made.] And it is hereby further ordered, that if any such return as aforesaid shall be irregularly or improperly made, it shall be lawful for the protector or assistant protector of slaves to refuse to receive, or, having received, to send back such return for correction, and to limit the time within which such return shall be so corrected and sent back to him. And no return hereby required shall be deemed to have been made according to law until any such irregularity or impropriety as aforesaid shall first have been corrected by the person making the same: Provided that during the period so to be limited for correcting any such return, no penalty shall be incurred by the person making the same, by reason of any such irregularity or impropriety as aforesaid.
XXXVI. [The protector is to enrol in books all the returns which he may receive.] And it is hereby further ordered, that the said protector of slaves shall transcribe and record in books to be by him kept for that purpose, the whole of the returns so to be made to him, and shall keep and preserve in his office the said original returns and affidavits: And for the better and more convenient keeping of the said records, it is further ordered, that the said protectors of slaves shall keep distinct books for the different districts of the said colonies respectively, and shall therein transcribe each of the said returns in alphabetical order, according to the names of the persons making the same, and shall also keep full and exact indexes of the said books.
XXXVII. [Slaves are declared competent to marry.] And it is hereby further ordered and declared, that no person within the said colonies respectively is or shall be incapable in law of contracting marriage by reason that such person is in a state of slavery.
XXXVIII. [A slave desiring to marry must apply for a licence to the protector, and produce the owner's consent. If the owner refuses, he is to be summoned before the protector; and if the protector is not satisfied that the marriage would be injurious to the slave, he is to grant a licence to any English, Scotch, or Roman Catholic clergyman, or Dissenting minister, to celebrate it.] And it is further ordered, that any person in a state of slavery in any of the said colonies who may be desirous to contract a marriage, shall, at his or her election, apply either to the protector or to the assistant protector of slaves, of the district in which the woman may reside, for a marriage licence: and as an authority to him to grant the same, shall produce the consent, in writing, of the manager of any such slave, or of the managers of both of such slaves, if both parties shall be in a state of slavery, to the celebration thereof; but in case the manager or managers of either or both of such slaves, shall refuse to give such written consent for the celebration of any such marriage, then, and in every such case, the protector or assistant protector of slaves, as the case may be, shall forthwith issue a summons under his hand, requiring the manager or managers of such slave or slaves to appear before him, by themselves or their agents, at some convenient time and place, to be in such notice for that purpose appointed, such time being not more than fourteen days distant from the time when such application as aforesaid shall be received by such protector or assistant protector of slaves as aforesaid; and if on the appearance of such manager or managers, or in the absence of him, or them, after due citation by the delivery to him or them of such notice, no sufficient cause shall appear to satisfy such protector, or assistant protector, that such proposed marriage would be injurious to the said slaves, or either of them, then, and in every such case, the said protector or assistant protector of slaves shall, without fee or reward, issue a licence under his hand and seal for the solemnization of the marriage of the said slave or slaves, and it shall be lawful for any clergyman of the Established Church of England and Ireland, or any minister of the Kirk of Scotland, or any priest or curate professing the Roman Catholic religion, or any teacher of religion, within any such colony, carrying on there no other profession, business, or occupation of profit, except that of a schoolmaster, to solemnize the marriage of the said slave or slaves, and the same, when so solemnized, shall to all intents and purposes be binding, valid, and effectual in the law.
XXXIX. [Marriages among slaves are not to be valid in cases prohibited by law among free persons.] Provided nevertheless, and it is further ordered, that nothing herein contained shall extend to render any marriage between persons in a state of slavery, or between a slave and a free person, valid, or effectual, which would be illegal or void if both such persons were
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of free condition and had been intermarried by a priest in holy orders of the Church of England.
XL. [Slaves are not, by marrying, to acquire rights inconsistent with the legal rights of the owner.] Provided always, that no marriage which may be solemnized between any slaves in any of the said colonies, shall invest the parties contracting such marriage, or their progeny, with any rights at variance with the legal title of the owners or managers of such slaves, to the services of such slaves or their progeny, or with the duties which such slaves or their progeny are bound by law to render to such their owners or managers.
XLI. [Registries to be kept of the marriages of slaves.] And it is further ordered, that every person by whom any such marriage shall be solemnized, by virtue of any such licence as aforesaid, shall within fourteen days next after the solemnization thereof, under a penalty of not less than five pounds, nor more than twenty pounds, transmit to the said protector of slaves, and to the assistant-protector of the district in which the woman may reside respectively, certificates of the solemnization of such marriage; and the said protector of slaves, and the said assistant-protector respectively, shall register in books, to be by them kept for that purpose, every marriage which shall be so solemnized, with the date thereof, and the names, descriptions, and places of abode of the parties contracting, and of the persons solemnizing every such marriage.
XLII. [Slaves may acquire property of any amount, and bring and defend actions for it.] And it is hereby further ordered and declared, that no person within the said colonies being in a state of slavery, is or shall be deemed to be by reason or on account of, such his or her condition, incompetent to purchase, acquire, possess, hold, or enjoy, alienate, devise, or bequeath property of any amount or of any description whatsoever, not hereinafter excepted; but every such slave shall and is hereby declared to be competent to purchase, acquire, possess, hold, enjoy, alienate, devise and bequeath property of any amount or of any description, not hereinafter excepted, and to bring, maintain, prosecute, and defend any action in any court of justice, for and in respect of any such property, as fully and amply to all intents and purposes as if he or she were of free condition.
XLIII. [Slaves may not be proprietors of boats, ammunition, &c.] Provided always, that no slave in any of the said colonies shall be competent to become the proprietor of, or to hold or retain any boats, or other craft or vessels, or any share or interest therein, or any gunpowder or other ammunition, fire arms, or military weapons, of whatever nature or kind soever.
XLIV. [Slaves may not be proprietors of slaves.] Provided also, and it is hereby further ordered, that no person in a state of slavery shall be competent in the law to acquire or possess any slave or slaves, or any interest in any slave or slaves.
XLV. [Slaves may not be taken in execution in satisfaction of debts contracted by themselves.] Provided also, and it is hereby further ordered, that no slave shall be liable to be taken in execution or detained in prison, or in any other confinement, upon any process issuing out of any court of justice in any of the said colonies, in any civil action against any such slave, or in any civil proceeding depending in any such court, to which any such slave may be a party.
XLVI. [Slaves not to be separated wider legal process if bearing to each other any of the relations herein-mentioned..] And it is further ordered, that it shall not be lawful in the execution of any judgment, sentence, decree, or order, of any tribunal, or of any court of justice, within any of the said colonies, to seize or take in execution, or sell any slave separate and apart from any other slave to whom he or she may bear the relation of a husband or wife or the relation of parent or child, or to whom he or she shall be reputed to bear any of those relations, and who may also be the property of the person or persons against whom any such judgment, sentence, decree or order has been pronounced; but in the execution of every such judgment, sentence, decree or order, all slaves being the property of the same person or persons, and bearing to each other any such relation, or reputed relation, as aforesaid, shall be sold together, and in one and the same lot, and to the same person or persons; and if any slave shall be seized or sold in contravention hereof, every such seizure, execution, and sale, shall be, and the same is hereby declared to be absolutely null and void, to all intents and purposes whatsoever, so far as respects any such slave or slaves.
XLVII. [Separation of families are not to take place on the death of their owners intestate.] And it is further ordered, that in the succession and inheritance to the estate of any person who may have died intestate, no severance shall be made of slaves bearing to each other either of the relations, or reputed relations, aforesaid; but, that if such slaves shall descend to different persons, the Supreme Court of civil justice for such colony shall, and is here by required, on the application of the protector of slaves thereof, to make order for the sale of such slaves together and in one lot, and to the same person or persons, if it shall be made to appear to the said court that the separation of such slaves cannot otherwise be prevented; and the money arising from any such sale shall belong to and become the property of the persons entitled to the said slaves, and such court shall, on the summary application of any of the parties interested, make such order for the application of any such money as may be just.
XLVIII. [Husbands and wives, parents and children, may not be separated from each other by conveyance, contract or will.] And it is further ordered, that where any two or more slaves in the said colonies, belonging to the same owner or owners, shall bear to each other, any such relation
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or reputed relation as aforesaid, such slaves shall not be sold, alienated, or disposed of separate and apart from each other, and that any private contract, sale, conveyance, donation, will, or other mode of alienation whatsoever, whereby any such slave shall be sold, alienated or disposed of separate and apart from the slave to whom he or she may bear such relation or reputed relation, shall, as far as respects any such slave, or slaves be absolutely, and to all intents and purposes, null and void and of no effect.
XLIX. [In cases where, it is unknown or doubtful whether a slave has any such relations, the protector is to inquire into and certify the fact.] Provided also, that if upon any intended contract, sale, conveyance, or alienation, or upon the intended seizure in execution under process of law, of any slave, it shall be unknown or doubtful whether such slave doth or doth not bear any such relation as aforesaid, to any other slave, being the property of the same owner or owners, it shall be lawful for any of the parties interested in any such contract, sale, or conveyance, alienation or seizure, to require the protector of slaves to inquire into and ascertain the fact, and such protector shall thereupon, by inquiries addressed to the slaves themselves, and by all other lawful ways, ascertain whether any such slave doth or doth not bear any such relation, or reputed relation, to any other slave or slaves being the property of the same owner or owners; and such protector shall deliver to the party or parties interested a certificate under his hand, of the result of any such inquiry; and if, in and by any such certificate, such protector shall certify that the slave respecting whom any such inquiry is made doth not, to the best of his, the said protector's belief, bear any such relation, or reputed relation, as aforesaid, to any other slave or slaves, being the property of the same owner or owners, nothing herein contained shall prevent, or be construed to prevent, any slave respecting whom any such certificate may be so given, from being separated from any other slave, or shall affect the validity of any contract, sale, conveyance, will, or other instrument or alienation which may be made, or of any legal process which may be executed for that purpose.
L. [If Slaves standing in the prescribed relations to each other shall signify to the protector their willingness to be separated, and if the protectors should consider the separation neither injurious to the slaves, nor improper in itself, he may authorize the separation, except in the cases of husbands and wives.] Provided also, that if any Slaves bearing to each other any such lawful or reputed relation as aforesaid, other than the relation of husband and wife, shall signify to the protector of slaves of the colony to which they belong, both parties being first privately examined by him, their full and free consent to any such separation as aforesaid, and if such protector of slaves shall be of opinion that such separation would not be injurious to the slaves themselves nor involve the violation of the duties owing by such slaves to each other, and if the said protector shall thereupon certify under his hand, his consent on the behalf of such slaves to such proposed separation, then and in that case, nothing herein contained shall prevent or be construed to prevent the separation of such slaves from each other, or affect the validity of any contract, sale, conveyance, or will, or other instrument or alienation which may be made, or of any legal process which may be executed for that purpose.
LI. [Slave children above the age of 16 may be separated from their parents.] Provided nevertheless, that nothing herein contained shall prevent or extend to the separation of any child of the full age of sixteen years from his or her father or mother, or reputed father and mother.
LII. [All fees of office and duties on manumissions abolished.] And it is hereby further ordered, that no duty, tax, or impost, or fee of office, shall hereafter be levied, demanded, or payable, within any of the said colonies, upon, for, or on account, in respect of the manumission of any slave, or the enrolment or registration of any deed of manumission, save and except a fee not exceeding twenty shillings, which shall, by the said protector of slaves, be paid for enrolling and registering every such deed of manumission among the records of the Supreme Court of civil justice of every such colony, and which fee shall be repaid to such protector of slaves out of the public revenue of the colony to which he may belong; and, if any person in any of the said colonies shall hereafter demand, accept, or receive any such duty, tax, impost, or fee of office, save as aforesaid, the person so offending shall incur and become liable to the payment of a fine amounting to not less than 10 l. nor more than 50 l. over and above the amount of the tax, duty, impost, or fee, so by him received.
LIII. [All persons may manumit slaves, belonging to them, with the concurrence of all the joint-owners.] And for the prevention of doubts as to the power of the owners of slaves to manumit such slaves at their pleasure, it is hereby further ordered and declared, that subject to the regulations hereinafter made, any person being the owner of any slave in any of the said colonies, may, by his or her last will, or by deed under his or her hand and seal, at his or her pleasure, manumit, and set free any such slave, so far as relates to the interest of every such testator or grantor, and that every such manumission shall, as far as relates to the interest of the testator or grantor, as the case may be, but no further, or otherwise, be valid and effectual in the law for the perpetual enfranchisement of any such slave. Provided nevertheless, that no person having a partial or temporary interest in any slave, may, to the extent of such interest, effect his or her manumission gratuitously, unless all other persons having a partial, future, or reversionary interest, in such slave, shall consent, or be parties to such manumission, or unless such partial, future, or reversionary interests shall be purchased in the manner hereinafter provided.
LIV. [If the slave is manumitted gratuitously, bond must be given for his maintenance if he be
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less than six or more than fifty years old, or in a state of disease.] And, in order to prevent the fraudulent manumission of slaves incompetent from age or disease to earn their own living, it is further ordered, that in case any such deed of manumission shall be executed gratuitously and without any valuable consideration passing to the owner or other person effecting the same, the slave so to be manumitted shall, previously to the actual execution of any such deed, appear before the protector of slaves, or the assistant protector of slaves, for the district in which the slave is resident; and if it shall appear to the said protector or assistant protector, that such slave is under the age of six years, or above the age of fifty years, or is labouring under any habitual disease or infirmity of mind or body, the owner or person effecting such manumission shall, under his or her hand and seal, execute and deliver to the said protector or assistant protector, a bond to his majesty in the penal sum of 200 l. with a condition there under written for the defeasance thereof, if such slave shall be properly fed, clothed, and maintained until the age of fourteen years in the case of infants, or during the term of his or her natural life in the case of adults of the age of fifty years, or labouring under any such sickness, disease, or infirmity as aforesaid; and no such gratuitous manumission shall be valid and effectual in the law, or shall be received for enrolment at such office of registry, until such bond as aforesaid shall be duly executed, registered, and deposited in the said office.
LV. [The bond not necessary in case of testamentary manumissions, but the estate of the testator to remain liable as though such bond had been given.] Provided nevertheless, and it is further ordered, that no such bond, as aforesaid, shall be required in the case of any manumission by will; but, if at the time of the death of the testator, the slave so manumitted shall be under the age of six years, or above the age of fifty years, or labouring under any such disease or infirmity, as aforesaid, the estate of every such testator shall be liable to, and chargeable with, the maintenance of such slave, until the age of fourteen years in the case of infants, or during the term of his or her natural life in the case of adults, or of slaves labouring under any such disease or infirmity, as fully as if the said testator had, in his or her life-time executed such bond as aforesaid.
LVI. [With the concurrence of the protector, slaves may contract with their owners for the purchase of their freedom.] And, to prevent ignorant slaves effecting the purchase of their freedom from persons unable to make any valid title to the same, it is further ordered and declared, that it is and shall be lawful for any person, being the owner of any slave in any of the said colonies, to contract with such slave, through the agency of the protector of slaves of such colony, acting for and on behalf of such slave, but not otherwise, for the manumission of the said slave, at a price to be agreed upon between the said owner and protector of slaves respectively; and, in case of any such contract, it shall be the duty of the said protector of slaves to obtain from the office of registry of slaves a certificate of the name or names of the person or persons by whom such slave was last registered as his, her, or their property; and it shall also be the duty of the said protector of slaves to give notice by advertisement in the public gazettee of such colony of such intended manumission, fourteen days, at the least, before the same is effected; and if from such certificate, as aforesaid, it shall appear that the person or persons proposing to contract for the manumission of any such slave, is, or are not, the registered owner or owners of such slave, or if any person shall give to the said protector of slaves notice that there exists any charge or mortgage upon or affecting (or alleged to be upon or to affect) such slave, or that any future or reversionary interest in such slave is vested in any person or persons who is, or are not, a party or parties to, or consenting to, such proposed manumission, the said protector shall, on behalf of such slave refuse to proceed with such contract. And it shall also be the duty of the said protector of slaves, on behalf of the said slave, to satisfy himself that the person proposing to effect the said manumission has good right and title in the law, and is competent to effect the same; and it shall also be the duty of the said protector of slaves, without fee or reward, to prepare, in every such case, the proper deed of manumission, which shall in all cases be executed in the presence of, and attested by the said protector of slaves, or some proper person to be especially appointed by him to be such witness thereto; and every such deed being so executed shall, by such protector of slaves, be enrolled in the supreme court of civil justice, in and for the colony to which he belongs, within one calendar month next after the date and execution thereof, on payment of a fee for such enrolment, to the person enrolling it, not exceeding the sum of twenty shillings; and in case any such deed shall not be so enrolled by the said protector of slaves, within the said period of one calendar month, the said protector of slaves shall incur, and be liable to the payment of a fine of not less than ten pounds, nor more than fifty pounds.
LVII. [Slaves may effect the purchase of their freedom by a compulsory process. If the owner be unwilling-or unable to effect the manumission, or labour under any incapacity, or if an excessive price be demanded, the chief judge is to cite all persons having an interest in the slave to attend him.] And to provide for the manumission of slaves, in cases where the owners of such slaves may be unwilling or unable to contract for such manumission, it is hereby further ordered, that if the owner of any slave in any of the said colonies, or any person having any interest in any such slave, shall be unwilling to effect his or her manumission, or shall, by reason of any mortgage or settlement, or lease or charge upon, or interest in such slave being vested in any other person or persons, be unable to execute a valid and effectual manumission of such slave: or if the owner, or any other person having a charge upon or interest in any such slave shall be a minor
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or a married woman, or idiot or lunatic, or if the real owner of any such slave shall be absent from the colony to which the slave belongs, or shall not be known; or if any suit or action shall be depending in any court of justice in the said colony wherein the title to the said slave, or the right to his or her service shall or may be in controversy, or if the owner of any such slave shall demand as the price of his or her freedom, a greater sum of money than may appear to the said protector of slaves to be the fair and just value thereof, then and in each and every of the cases aforesaid, the chief civil judge of such colony, on application to him for that purpose made, by the protector of slaves of such colony shall issue a summons under his hand and seal, requiring the owner or the manager of such slave to appear before him, by themselves or their agents, at some convenient time and place, to be in such summons for that purpose appointed, and notice shall be published by the said protector of slaves in the public gazette of such colony, of the time and place appointed for the purpose aforesaid; and in such notice, all persons having or claiming" to have any title or interest to, or in the slave proposed to be manumitted either in their own right, or as the agents, guardians, attornies, trustees, or representatives of any other person, shall be required to attend and prefer such claims.
LVIII. [On proof made to the judge of such incapacity, &c he is to require the protector and owner each to name an appraiser, and is himself to name an umpire. The judge when necessary is to nominate the appraiser also.] And it is hereby further ordered, that at the time appointed for any such meeting, as aforesaid, the chief civil judge of such colony, in the presence of the protector of slaves thereof, and also in the presence of the owner or manager of the slave proposed to be manumitted, or upon proof being made to him upon oath of the due service and publication of such notice as aforesaid, then, if necessary, in the absence of such owner or manager, shall proceed to hear in a summary way what may be alleged by the said protector of slaves, and by the owner or manager, or other persons claiming any interest in the said slave proposed to be manumitted, and attending in pursuance of any such notice; and in case the said parties, or any of them, shall refuse to effect such manumission at a price approved by the said protector of slaves, or in case it shall be made to appear to the said chief civil judge that a valid and effectual manumission of such slave cannot legally be effected by private contract, or that the owner of such slave, or any person having any charge upon or interest in such slave is a minor, or a married woman, or idiot, or lunatic, or that the real owner of such slave, or any person having any charge upon or interest in such slave is absent from the said colony, or is unknown, or cannot be found, or that any action is depending in any court of justice in such colony wherein the title to such slave, or the right to his or her services, is in controversy, then, and in every such case, the said chief civil judge shall require the protector of slaves, and the owner or manager of such slave, if attending in pursuance of this notice, each to nominate an appraiser of his or her value, and the said judge shall himself nominate an umpire between such appraisers; but if such owner or manager, being duly summoned as aforesaid, shall fail to attend, or attending, shall refuse or omit to nominate an appraiser, then the said judge shall not only nominate such umpire as aforesaid, but shall also nominate an appraiser on behalf of such owner or manager.
LIX. [The appraisers to make a valuation in seven days, failing which the umpire is to make the valuation.] And it is further ordered, that the appraisers so to be nominated as aforesaid, shall be duly sworn by and before the said chief civil judge, to make a fair and impartial appraisement of the slave so proposed to be manumitted, and within seven days next after such their appointment, such appraisers shall make a joint valuation of the said slave, and shall certify such their valuation to the said chief civil judge under their hands and seals, and in case such joint certificate shall not be so made and delivered to the said judge within the said term of seven days, then the said umpire being duly sworn in manner aforesaid, shall within the next succeeding seven days certify his valuation to the said judge, and the valuation to be made in manner aforesaid, either by the said joint appraisers, or in their default by the said umpire, shall be binding and conclusive, and shall be entered and enrolled among the records of the supreme court of civil justice in and for such colony.
LX. [On proof to the judge of fraud or injustice in making the valuation, he may set it aside, and so on till an unobjectionable valuation is made.] Provided nevertheless, that if it shall be made to appear to the said judge within one calendar month next after such valuation shall have been made, that in the making thereof the said appraisers or umpire, or any of them, acted fraudulently or unjustly, or under the influence of any improper motive, then, but not otherwise, it shall be lawful for the said judge to set aside the said valuation, and to declare the same to be void, and to direct another valuation to be made in manner aforesaid, for which purpose new appraisers and a new umpire shall in manner aforesaid be appointed and sworn, and shall proceed to make a second valuation, which being certified to the said judge in manner aforesaid, shall be to all intents and purposes binding and conclusive: Provided that such second or any subsequent valuation may in like manner be set aside by any such judge on the grounds aforesaid, until a valuation is made not open to any such objection.
LXI. [lf the amount is not paid in three months, the proceedings cancelled, and no new valuation can be made for twelve months.] Provided also, that if the amount of any such valuation shall not be paid in manner hereinafter mentioned, within three calendar months next, after the enrolment thereof, such enrolment shall be cancelled, and it shall not be lawful for any such
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slave, or for the protector of slaves, on his or her behalf, again to institute such proceedings as before mentioned for his or her manumission, until the expiration of twelve calendar months, to be computed from the date of such former valuation.
LXII. [In making the valuation the appraises are to take into account all the qualities of the slave and other facts which they may think material.] And it is further ordered, that in making any such valuation as aforesaid, the said appraisers or umpires as the case may be, shall, and they are hereby required, to take into their consideration the qualities of the slave proposed to be manumitted, as well as his or her skill in any domestic service or employment, or other labour whatsoever, with any other facts or circumstances which, in the opinion of such appraisers or umpire, ought to influence their or his judgment, as to the price to be paid by such slave for his or her manumission.
LXIII. [If it is proved to the satisfaction of the judge that the money to be paid by the slave has been acquired by a donation? inter vivos, made with the intent of enabling the slave to purchase his freedom, the proceedings are to be stayed.] Provided also, and it is further ordered, that if after any such valuation shall have been made as aforesaid, and before the same has been enrolled as aforesaid, it shall be alleged by, or on behalf of the owner or manager of the slave proposed to be manumitted, that the money to be paid by such slave as the price of his or her freedom, or any part of that money, has been acquired by such slave by a donation inter vivos, made by any person or persons with the intent of enabling or assisting such slave to effect the purchase of his or her freedom, it shall be incumbent on such judge to stay the enrolment of such valuation until he shall have inquired into the truth of such allegation, and if by any evidence given on oath before the said judge it shall be made out to his satisfaction, that the money about to be paid by such slave as the price of his or her freedom, or any part of that money, has been acquired by such slave by a donation inter vivos, made with the intention of enabling or assisting such slave to effect the purchase of his or her freedom, then and in every such case the said judge shall order all further proceedings to be stayed, but without prejudice to the re-renewal by the said slave, or by the said protector of slaves, on his or her behalf, of such proceedings as aforesaid, for the manumission of such slave at any future time; and failing any such proof as aforesaid, the said judge shall overrule such objection to the proposed manumission, and shall order the valuation of such slave to be recorded in manner aforesaid.
LXIV. [If it be proved that within five years the slave has committed any robbery, the proceedings are to be stayed till the end of that term.] Provided also, that if at any time before the enrolment of any such valuation, it shall be alleged before the said judge by the owner or manager of the slave proposed to be manumitted, that such slave hath, within five years next preceding the date of the application, made to such judge on his or her behalf for such manumission, as aforesaid, committed any robbery or theft, the said judge shall inquire into the truth of such allegation, and if it shall be made to appear to him, by good and sufficient evidence on oath, that such slave hath, within the said term of five years, committed any robbery or theft, the said judge shall, and he is hereby required to make an order for staying such enrolment as aforesaid, and thereupon the same and all other proceedings for the manumission of any such slave shall be stayed until the expiration of the full term of five years from the time of the commission of any such theft or robbery.
LXV. [The protector may pay to the colonial treasurer the price of the slave in three months from the valuation, and enroll the receipt in the supreme court, after which the slave to be free.] And it is hereby further ordered, that upon or within three calendar months next, after the enrolment in the supreme court of justice of any such colony, of any such valuation as aforesaid, it shall be lawful for the protector of slaves of such colony, out of any monies to be supplied to him for that purpose, by the slave proposed to be manumitted, to pay to the treasurer of any such colony the appraised value of such slave, taking a receipt in writing from such treasurer for every such payment: and the chief civil judge of such colony shall, upon application to him for that purpose made by the said protector of slaves, make an order for the enrolment in the said supreme court of justice of such receipt, and the said chief judge shall by such order, further proceed to declare and adjudge that the slave, by or on behalf of whom such money hath been paid, is manumitted and free; and such slave shall thereupon be, and be deemed, taken, and reputed to be free to all intents and purposes.
LXVI. [The governor is to establish a table of fees to be taken on this process.] And be it further ordered, that the governor of every such colony as aforesaid, by a proclamation to be by him issued for that purpose, shall establish a moderate and reasonable table of fees and expences, to be paid and incurred in making such appraisements as aforesaid: and such fees and expences shall in all cases be established at the lowest rate which may be consistent with the effective discharge of the duties of such appraisers, and not by way of poundage or per centage on the value of the slave; and any appraiser or other person who shall demand or receive for any services by him or her rendered, in or about any such appraisement, any greater or other fee, sum of money, advantage or emolument whatsoever, than such as shall be authorized by such table, shall incur a penalty of not less than five pounds, nor more than fifty pounds, in addition to the amount of any such unlawful fees, sum of money, advantage or emolument 50 received.
LVXII. [In what manner the expence of the proceedings is to le borne.] And it is further ordered,
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that if any such appraisement as aforesaid, shall have been rendered necessary by any difference of opinion between the protector of slaves, and the owner or owners, or manager respecting the price to be paid for the slave proposed to be manumitted, the expence of such appraisement shall be borne by the slave and be added to the amount of the valuation, if such slave shall be appraised at a sum exceeding, or equal to the price demanded by such owner or owners, or exceeding the sum offered by the slave, or by the protector on his or her behalf as the price of his or her freedom; but if the appraised value of such slave shall be less than the price previously demanded by his or her owner or owners, then the expence of such appraisement shall be wholly borne and defrayed by such owner or owners; and in case any such appraisement shall have bean rendered necessary by any other cause than a difference of opinion as to the price to be paid for the manumission of the slave, the expence of the appraisement shall be equally divided between such slave, and his or her owner or owners.
LXVIII. [How the purchase money is to be invested when necessary.] And it is further ordered, that the money to arise from the manumission of any slave by virtue of the proceedings before mentioned, shall remain in the hands of the public treasurer of such colony, and shall bear interest at and after the rate of 5 per cent per annum, and his majesty's revenue in every such colony shall, and is hereby declared to be pledged and responsible for the due payment of such principal money and interest; or shall in the discretion of such treasurer be invested in the purchase in his name of any public funds or securities of Great Britain and Ireland; and the chief civil judge of any such colony as aforesaid shall, and he is hereby authorized upon application to him for that purpose made, to direct that any such money be laid out and invested in the purchase of any other slave or slaves, and the slave or slaves so to be purchased as aforesaid, or in case of no such purchase being made, then the money in the hands of the said treasurer, and the interest accruing on such money, or the public funds of Great Britain and Ireland so to be purchased as aforesaid, and the dividends payable thereupon, shall be the property of the person or persons who was or were the owner or owners of such manumitted slave, and shall be subject and liable to all such and the same uses, trusts, limitations, conditions, mortgages, claims, and demands of what nature or kind soever, as such slave was held upon, under or subject unto at such time of his, her or their manumission. And the said treasurer shall hold the said money and the interest accruing thereupon, or the said public funds and dividends subject to such order as such chief judge of any such colony may upon a summary application of any person interested therein, and upon notice to all other persons interested therein, or their agents, see fit to make; and such principal money and interest shall by such treasurer be paid and disposed of in pursuance of and in obedience to any such order.
LXIX. [The judge is to make all necessary rules for the conduct of the proceedings on compulsory manumissions.] And it is hereby further ordered, that it shall and may be lawful for the chief civil judge of every such colony as aforesaid, to make and prescribe, and from time to time to revoke and alter as occasion may require, all such rules and orders as may be necessary for the regular and proper exercise of the jurisdiction hereby in him vested, and for regulating the proceedings of all persons, who may be parties to or interested in any question so depending before him.
LXX. [The evidence of slaves to be admitted.] And it is hereby further ordered, that no person shall henceforth be rejected as a witness, or be or be deemed to be incompetent to give evidence in any court of civil or criminal justice, or before any judge or magistrate, or in any civil or criminal proceeding whatsoever, in any of the said colonies by reason that such person is in a state of slavery, but that the evidence of slaves shall in all courts and for all purposes be admissible, and be received in the said colonies in the same manner, and subject to the same regulations as the evidence of free persons: Provided always that nothing herein contained shall prevent any court or jury, judge or magistrate, in the said colonies respectively, from adverting to the servile condition of any witness, or to the relation in which any such witness may stand to any other person, in estimating the degree of credit which ought to be attached to the testimony of any such witness.
LXXI. [Forfeiture of slaves on conviction of the owner for cruelty.] And it is hereby further ordered, that if any person or persons shall hereafter be convicted in any of the said colonies of having inflicted or authorized any illegal and cruel punishment of, or of any cruelty towards any slave or slaves to him, her, or them belonging, it shall be in the discretion of the court in which any such conviction may be had, to declare the right and interest of the person or persons so convicted, in or to any such slave or slaves, forfeited to his majesty, in addition to any other punishment which may by law be inflicted upon any such offender or offenders. Provided always, that nothing herein contained shall extend to deprive any person or persons, other than the person or persons committing or authorizing such offence, of any such slave or slaves, or of any right, title, or interest therein.
LXXII. [The punishment of slaves making calumnious accusations.] And it is hereby ordered, that no slave in any of the said colonies shall be liable to be punished for preferring, and failing to establish any complaint against his, or her owner, or manager, unless such complaint shall have originated in some malevolent or culpable motive; and, in any such case, such slave shall be liable to be punished under the authority of any court or magistrate, in any such colony, upon proof being made, in a summary way, before such court or magistrate,
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that the complaint was, without foundation, and originated in a malevolent or culpable motive.
LXXIII. [Penalties for falsifying records.] And it is further ordered, that if any such protector or assistant protector of slaves as aforesaid, or other person or persons, shall wilfully and fraudulently make, or cause, or procure to be made, any erasure or inter lineation in any of the books, records, or returns hereinbefore required to be kept and made, or shall wilfully falsify any such book, record, or return, or shall wilfully make, or cause, or procure to be made any false entry in any such book, record, or return, or shall wilfully and fraudulently destroy, burn, cancel, or obliterate the same or any of them, or any part thereof, the person so offending shall be and be deemed to be guilty of a misdemeanor.
LXXIV. [Punishment of misdemeanors.] And it is hereby further ordered, that any person who shall commit any offence hereby declared to be a misdemeanor, shall, on conviction, be subject to the payment of a fine not less than 10 l., nor more than 500 l., or to imprisonment for any time not less than one calendar month, nor more than twelve calendar months, or to both fine and imprisonment.
LXXV. [Punishment of perjury.] And it is hereby ordered, that any person taking any oath under, and in pursuance of this order, who shall be convicted of swearing falsely, shall incur and suffer such punishment as by the law of the colony, in which such conviction shall take place, may be inflicted on any person guilty of wilful and corrupt perjury.
LXXVI. [The protector authorized to sue for penalties.] And it is hereby further ordered, that the protector of slaves in each of the said colonies shall, and he is hereby authorized to prosecute, sue for, and recover all the fines, forfeitures, and penalties which may be incurred by any person under and by virtue of this order, other than such as may be incurred by such protector himself; and that one third part of all fines and pecuniary penalties which may so be recovered shall accrue to and be for the benefit of the said protector himself, and the remaining two third parts shall go to his majesty.
LXXVII. [Recovery and application of fines.] And it is hereby further ordered, that the governor for the time being of each of the said colonies shall and he is hereby authorized by proclamations, to be by him for that purpose from time to time issued, to provide and declare in what courts, or before what judges or magistrates, every offence committed or alleged to have been committed, against the provisions of this present order, shall be tried and prosecuted; and in what courts, or before what judges or magistrates such fines forfeitures, and penalties as aforesaid, shall be prosecuted sued for and recovered; and in what manner all penalties incurred by any protector or assistant protector, shall be sued for, recovered and applied; and to regulate the manner in which such protector or assistant protectors of slaves of such colony shall proceed in executing the duties hereby imposed on them in the defence of any such accused slaves, or in the instituting and conducting of any such civil action, suit or criminal proceeding as is herein mentioned, or in the prosecuting, suing for, and recovering any such fines or forfeitures and penalties as aforesaid, and also to regulate the manner in which actions shall be brought by or against any slaves in respect of any property which any such slaves are hereby authorized to acquire and possess, all which provisions and regulations of the said respective governors shall be as nearly as may be conformable to the laws and usages in force in the said colonies respectively.
LXXVIII. [All fines to be recovered in British sterling money, and between the limits fixed in the order, the court in its discretion to determine the amount of the fine.] And it is further ordered, that all fines and pecuniary penalties imposed by this order shall be taken to be so imposed in British sterling money; and that the amount of those fines of which only the least and the greatest amount is mentioned in this order, shall be determined by the discretion of the court before which the same shall be recovered.
LXXIX. [The governor's proclamation to be transmitted for confirmation.] And it is hereby further ordered, that all proclamations, orders, and rules of court, which the governors and judges of the said colonies are by this present order authorized to issue, promulgate, and establish, shall be consistent with this present order, and not repugnant thereto, and shall be transmitted by every such governor to one of his majesty's principal Secretaries of State for his majesty's approbation; and until the same shall be disallowed by his majesty, they shall have the same force and effect within the colony in which they may have been published as if they had formed part of this present order.
LXXX. [The protectors are to make half yearly reports, as the condition of receiving their salaries.] And it is hereby further ordered, that the protector of slaves in each of the said colonies, shall on the first Monday next after the 25th of December and on the first Monday next after the 24th of June in each year, deliver to the governor for the time being of such colony, a written report of the manner in which the duties of such his office have been performed during the half year next preceding the date of every such report, and such reports shall be compiled in such form as his majesty, through the governor of each of the said colonies shall by any proclamation to be for that purpose issued, prescribe, and in none other; and such protector of slaves shall make oath before such governor that the said report contains a true and accurate statement of the several matters and things therein referred to; and when and so soon as any such protector of slaves shall have made such his half-yearly report, and
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shall in manner aforesaid have been sworn to the truth thereof, then and not before, the governor of any such colony shall issue to the said protector of slaves, a warrant upon the treasurer of the said colony for the amount of his salary for the half year next preceding the date of such report, and such governor shall and is hereby required by the first convenient opportunity, to transmit every such report as aforesaid to his majesty's principal Secretary of State having the department of the colonies.
LXXXI. [Explanation of particular terms.] And it is hereby ordered and declared, that for the purpose of this present order, any person lawfully administering the government of any of the said colonies, shall be deemed and taken to be the governor thereof, and that any person having the chief superintendence of the labour of any slaves, whether as the owner thereof, or otherwise, shall be deemed and taken to be the manager of such slaves; and, that all slaves employed in any agricultural or manufacturing labour at any time between the 1st day of January and the 30th day of June, or between the 1st day of July, and the 31st day of December in any year, shall, during the whole of such half year, be deemed and taken to be plantation slaves; and that the governor of every such colony, as aforesaid, shall, by proclamation to be by him for that purpose issued, determine the divisions of such colony, which shall be deemed and taken to be districts thereof, for the purposes and within the meaning of this order.
LXXXII. [The publication of this order in the different colonies.] And it is further ordered, that the governor of every such colony as aforesaid, shall, within one calendar month next after the present order shall be received by him, make known the same by proclamation in such colony; and that the said order shall be in force on the expiration of fourteen days next after the date of such Proclamation, and not before.
And the right honourable sir George Murray, one of his majesty's principal Secretaries of State, is to give the necessary directions herein accordingly.
(Signed) JAS. BULLER.