498 JAMAICA. 



by our colony-laws, between the native or Creole Blacks and the 

 imported favages ; and whether the laws might not be mitigated 

 'in favour of the former clafs, and (without a weak or effeminate 

 indulgence) be fo tempered, as to make their fervitude approach 

 near to a well-regulated liberty. This would confilt in givin? 

 them fuch a fecurity for life and limb, and fuch an attachment to 

 the place of their birth, as may ferve to fweeten their toils, and 

 engage them by the ih-ongeft ties to be faithful fervants and de- 

 fenders of the country. All punifliments by mutilation fliould be 

 utterly aboliflied and prohibited, becaufe they are fcandaloufly 

 cruel, not warranted by neceffity, nor juflified by utility; for it 

 cannot be proved, that they are more effedlual than more humane 

 methods ; and, when the laws of any country either didlate fuch 

 inhumanities, or connive at them, they lend encouragement for in- 

 dividuals to feed a bloody and vindi6live fpirit, which is difgraceful 

 to the members of a civilized fociety. 



The puniflnnent by whipping fhould be brought within fome 

 limit; fo that ovcrfeers might not with impunity tranfgrefs, 

 through the heat of rage, a fit degree of jufl correction ; and as the 

 degree, fo the ;«/?/-«;;/£'«/, fhould be alcertained, and none permitted 

 which may lacerate or disfigure the body. 



A white perfon, found guilty of wantonly murdering a Negroe, 

 lliould be adjudged a felon, and fufi'er death. If convidted of wan- 

 tonly maiming or difmembering (death not enfuing), and the owner 

 be the offender, the flave fo maimed fliould be adjudged to enjoy his 

 freedom, befides a compenfation for his maintenance, if he lliould be 

 fo difabled as to be incapable of earning a livelihood. But, if the 

 offence (hould be committed by another perfon, fine and impri- 

 fonment, with an adequate fatisfaftion in' money to the owner, 

 may be thought no inequitable punifhmenr. 



The penalty of death for running U'lvav, or abfenting for a certain 

 fpace, (hould be commuted to fome milder for the firft offence; 

 and, for the fecond, tranfportation : but the inveigling, harbour- 

 ing, and concealing, fuch fugitives, might remain under the fame 

 rigorous penalties as at prefenr. 



The fevereft punilhments ought, in juffice and policy, to fall oil 

 rebels, murderers, confpii'ers ngainfl the public tranquillity, in- 

 cendiaries. 



