Mr. Montagu said, that, in the last session, he had simply entered his protest against the trade; but now He could be no longer silent; and as there were many, who had conceived regulation to be more desirable than abolition, he would himself to that subject.
Regulation, as it related to the manner of procuring slaves, was utterly impossible; for how could we know the case of each individual, whom we forced away into bondage? Could we establish tribunals all along the coast, and in every ship, to find it out? What judges could we get for such an office? But, if this could not be done upon the coast, how could we ascertain the justness of the captivity of by far the greatest number, who were brought from immense distances inland?
He would not dwell upon the proof of the inefficiency of regulations, as to the Middle Passage. His honourable friend, Mr. Wilberforce, had shown, that, however the mortality might have been lessened in some ships by the regulations of Sir William Dolben, yet, wherever a contagious disorder broke out, the greatest part of the cargo was swept away. But what regulations by the British parliament could prevent these contagions, or remove them suddenly, when they appeared?
Neither would regulations be effectual, as they related to the protection of the slaves in the West Indies. It might, perhaps, be enacted, as Mr. Vaughan had suggested, that their punishments should be moderate; and that the number of lashes should be limited. But the colonial legislatures had already done as much, as the magic of words alone could do, upon this subject; yet the evidence upon the table clearly proved, that the only protection of slaves was in the clemency of their masters. Any barbarity might be exercised with impunity, provided no White person were to see it, though it happened in the sight of a thousand slaves. Besides, by splitting the offence, and inflicting the punishment at intervals, the law could be evaded, although the fact was within the reach of the evidence of a White man. Of this evasion Captain Cook, of the 89th regiment, had given a shocking instance; and Chief Justice Ottley had candidly confessed, that “he could devise no method of bringing a master, so offending, to justice, while the evidence of the slave continued inadmissible.” But perhaps councils of protection, and guardians of the slaves, might be appointed. This, again, was an expedient which sounded well, but which would be nugatory and absurd. What person would risk the comfort of his life by the exercise of so invidious an interference? But supposing that one or two individuals could be found, who would sacrifice all their time, and the friendship of their associates, for the good of the slaves; what could they effect? Could they be in all places at once? But even if acts of barbarity should be related to them, how were they to come at the proof of them?