The New York Herald Newspaper, June 28, 1854, Page 10

SLAVERY IN CUBA. DECREES SIGNED BY THE QUEEN OF SPAIN, ON THE 22D OF MAROH, 1854, RESPECTING SLAVERY IN THE ISLAND OF CUBA. DESPATOH FROM LORD HOWDREN, HER MAJESTY'S MINISTER AT MADRID, TRANBMITT'NG COPIES OF ‘THE DBORERS SIGNED BY THE QUEEN OF SPAIN On THE 22p MaROH, 1854, rxOVIDING FOR THE RBOTBICTION OF BLAVE 1.4908 TO AGRICULTURAL PURPOSES, THE PROTECTION OF PREB LABORERS, AND THE REGIBTRATION OF SLAVES, IN THE ISLAND OF CUBA. Lord Howden to the Earl of Clarendon, (Extract, Manni, April 13, 1854. TI have the honor to transmit to paar lordship by this messenger & cop: and translation of » moat irs- portant document Tahstiog to slavery in the Island of Cuba, which was published in the Gazette of this The chief points are the following:— A dele aSOn, OL exprsgeed, to put down the dave trade, and to keep faith with Great Britain. An endeavor to force the whole slave population of the island into works of agriculture, establishing high taxes on those retained for household pur- The organization of a ayriame of colonization for 8 je, Yucatenese, and Chinese, defining their ns and rights. And finally, the compulsory registering of all the slaves in island at this moment, go that any negro (excepting those subsequently bora) who is hereafter unregistered, and who does not carry on him a copy of register, will be considered as unduly introduced, and declare ipso facto free. Your lordship will see at once two things—the great advantage of such a measure, if propedly car- ried out, and the great difficulty to which it will give rise at the moment of registering, with regard to negroes who will be claimed as legal property, and who yet have been fraudaleatly introduced since the conclusion of treaties with Spain. (TRANSLATION.) _ Exposition to Her Majesty. Sexona—One of the most urgent necessities which at present presses upon the Island of Cuba is the scaroity of laborers; agricu'ture is already atiected by it; its effects begin to be noticed in commercial transactions, and, if it be not opportunely remedied, the rich treasures which that fertile island contains will soon be diminished, if not exhausted. The government have carefully studied the causes of the evil, and, in order’to remove them, they offer to your Majesty a system of measures which they con- sider efficacious, if, as is to be expected, there be, on the part of the local authorities, zeal and per- everance in carrying them into execution. It is not hidden from the high penetration of your | Majesty, that the origin of the scarcity which is de- plored lies partly in the existence and necessity of Slavery, and partly in the treaties in force for the suppression of the slave trade. The Antilles seem ed by Providence not to give proofs of their fertility unless with the aid of that institution, and at the cost of the race upon whom it weighs. There results hence for the Island of Cuba a social and economical situation, which, although exceptional and anomalous it is necessary to maintain, with all its inconveniences, because tuere would arise from the design of regulating it by the type of European nations greater detriments for the State, and even for the very race disinhented of civil liberty. From the ao of ig doce slavery in jons was naturally inferred the advantage of itting, in certain cases, the introduction of new elaves; but as the international treaties and the — laws prohibit and punish it with rigor, this ef mt means of preservation has been want- ing to slavery, while the developement and encour- agement of agriculture have rendered it every day more necessary. Whatever may be, nevertheless, the qualification which these treaties merit, the ernment ought to fulfil them as the honor and Signit of the nation require, considering that theagh they be yn the cause of the injury which is lamented at moment, it is not in the power of the governmeut to remove it, nor would it be morally possible to abolish slavery. Leaving out of view, therefore, as irremediable, these two primary and fundamental causes of the actual ecarcity, the government have maturely ex- ainined the immediate causes, and believe they have found them:— 1, In the practice of dedicating to domestic ser- vice and other occupations, in which the labor of whites and free men might be employed, the slaves which are wan’ to agriculture and the employ- ments in which the labor of natives and Europeans cannot compete with that of the Africans. 2. In the pro not having taken care, so touch as they ought to have done, of the reproduc- tion of the slave race, with the hope that the clan- destine production of Bozal negroes would supply their neglect. . 3. In the scarcity of white laborers and artizans capable of dedicating themselves to a multitude of mechanical offices, for which the negroes are unne- ceasary. 4. Ia the right of propert over the legitimate peared ix cngeegee inalapenaable arantees and , in consequence of the ns which understanding the and application of the treaties in force for the suppreesion of the slave trade are daily apising with a rful nation. “The “laves who now exist in the Island of Cuba would eum? for all the wants of culture, not- wt tin” losses which they ere eepericeed if 8 considerable number of them ined in towwn8 to services which free laborers could perform as well or better. This circumstance makes evident the advantage of re- moving the slave ulation from the cities and towns, and dedi it in the country to the occu- Efsjonty dectgod in 1514, the: imposition of a capita: ie im| jon of a capita- gy y ed for dommanis | by recent had not been dedicate themselves to occupations in which free men ae be employed, being excluded from the tax, its infivence is ‘Tmitea to a very reduced num- ber of persons, and precisely to those who, from the natare of their occupations, it must be most difficult ract towards agriculture; and, secondly, be- <cause the capitation not exceeding a dollar, or a little more, for each person, it has not been a snffi- cient stimulus for the Cubans to abandon the in- yustom of having themselves served by slaves. In order to attain the desired end, therefore, it ‘will be necessary to extend the tax to all the slaves ‘who are not habitually ae in agriculture; that is, to those who have not their permanent resi- dence in the estates or rural establishments, and to increase the said tax gradually, in proportion to the ‘wealth of each proprietor, adopting, as the measure thereof, the number of slaves whom he has in his service, and ct L nevertheless, a prudent limit to the proportional increase, in order not to confound the caprices of luxury with the true wants of in- a ~ Your Maject: 7 still offer another more effica- cious stimulant to the proprietors of slaves. There is now paid on the sale of them a duty of alcabala, prbich consists of six per cent of the stipulated rice. Exempt from this duty the slaves who are old or transferred for service in the agricultural states or establishments, and exact double from ose who, having their residences in the said estab- ishments, may transferred for service in the ‘owns, and no industry will obtain with more abund: | nce and advantage than agriculture the labor necessary for its preservation and encouragement. Af these measures shall not suffice to attract the slave population towards the fields, it would be dificult “to adopt other indirect means which should promise better results. But even though agriculture and = indu should go on increasing and developing them- clyes in the Island of Cuba in the same proportion as hitherto, the government believe, nevertheless, pst the slaves now existing would suffice for all the ervices in which they cannot be readily replaced y free laborers, if their reproduction shall be cared ior and favored. The measures which your Majesty may adopt with euch an object are also indirect, and of no imme- Reg A but aa pasion pecan tts con- sist in encouragin, ropriet mar- viages among thei Pah and so to benefit them- selves by the reproduction of this indispensable race. In order to effect this, the entire prodace of the capitation tax before mentioned, ought to be destined to the adjudication of three annual pre- miums: one in favor of the rietor whose slaves may have had the greatest num! r of legitimate or egitimised children; another in favor of him who posscases the number of female slaves in oroportion to men; and another for him who nay take most care, and with the best result, of the health and tion of his elaves. Female slaves should also be exempted from the capitation tax, a8 well as their children under twelve years of age, and married slaves who have a ce! num- ber of children, It would also be proper to exempt from all alca- {vaia the compulsory sales of s!aves which take place on account of marriages, and also the sales of the cons of slaves, when they are removed for the first time ae the control of the owner in whose pos- session were born. ‘ With auch encot nts, and the conviction that in foture there will be no more clandestine in- drodnetians of Bozal negroes, since the fabulous | inserest which maintains them will at least be di- misished, not only will tne farmers and manufac- turers take greater care of the reproduction of their player, but capital will be devot Mes Sgr 4 to that qvect, a& happens ia other countries where the measures which have for their t to promote within the towns the a mgr of slave fanorers by free ones, and in to remedy immediately, a8 far as possible, the actual acarcity of labor, it is indispensable to authorize the immigration of white the freed neering daet'wilch is went son te | class wi wanting ma; formed in Cuba. ae The ex ents made up to this time show that this remedy will be efficacious; but in order to pro- vide for ite due developement, it is indispensable to determine the conditions on which the introduction of colonists isto be permitted, and to fix the rela- tions between them and their masters with regard oe Public interest and the powers of the govern- The Governor Captain-General of Cuba, zealous for your Majesty’s service, and belieVing the want of labor to be most urgent, published an ordinance au- thorizing for two years the free importation of calon- ists from ‘Spain, Chins, or Yucatan, and making - lations for that purpose, as also for determining the reciprocal rights of the colonists and of their mas- ters. But the government, considering the import- ance and gravity of the subject, have judged it in- di » in revising those di: }, to sub- mit them in the form of a decree to Pa Majesty’s sanction. Its pracipe objects are—t facilitate the introduction of colomsts, in orier that competition a increase the supply, and thus lower the price of labor; to prevent the colonists from being im- pesed upon by avaricious tors; to empower the government to impose special conditions with the same object on the importers, according to the nationality, number, and c! nista to be introduced in each expedition; to give particular conditions of the contracta with the oolo- up as not to give rise, by ambiguity or obscurity, questions of difficult 80) lution; to tebhes a tne may be raised ters, and may be susceptible of this Proceeding; to determine the most essential civil rights of -the colonists and of their families, so that those rights may be respected in the contracts; to empower the colonists and their masters to rescind these con- tracts at fixed periods, either on account of mar condition of the colonists may not degenerate into slavery in some cases, or may not be worse in others than that of the slaves themselves; to enact mea- sures protective of the health and life of the colo- nists, in order to prevent the avarice of any master from putting the one or the other in danger; to | it a disciplinary jurisdiction to the same mas- ‘era for the correction of such slight offences as may | not be cognizable by the tribuals. In all these dis- sitions, nevertheless, the government have care- | | fully abstained from opposing the smallest obstacle to | the free agreements of individuals; and if they have fixed between the colonists and their masters some reciprocal obligations and rights independent of the contracts, these have not gone beyond what concerns morality, religion, or the State. In order, finally, to ensure all the rights acquired | by the owners of slaves, and to put a stop to the ille- | ‘itimate hopes which have so much contributed to the diminution of the slave race, it is indispensable to put an end, by efficacious measures, to the eternal question of the slave trade. The government are resolved to cause the solemr treaties which oe stipulated with England to be fulfilled, but they w: not propose to Secs Majesty any measure which ma} relax in the slightest the severity of discipline whic! is the guarantee and forced bonsee ues, of slavery. Although the fear of measures of this kind being | adopted in contravention of the Penal law of 1845, aay ae investigations to be made within e e: slaves existing in them, may have the good effect of zal negroes, nevertheless it has the evil effect of creating among the legitimate proprietors a feeling of insecurity and diagaicrade. In order to prevent at once such fears and dangers, it is requisite tostop the complaints and demands of the government of Great Britain,which, in the use of the right givento it by treaties, watches strictly over their ful ent; | and this will not be attained without radically ex- | tinguishing the slave trade. ‘he means which the government propose to your Majesty for effecting this, have, in their opinion, all easy, they ensure and guarantee all the existi rights relative to slavery. By opening in each capi- tal or lieutenancy of government a register, where a'l the slaves who now exist in the island may be in- scribed and filiated; by closing definitively this re- gister for any new inscription as soon as the neces- sary time has arrived, in order that no proprietor may fail voluntarily to inscribe his slaves; and by considering manumitted and free all men of color who in future do not appear inscribed and filiated, making at the same time exceptions in favor of infants and ot Sere andabsent slaves during the time for the inscription, and of those whose conduct is disputed before the tribunals, there will not be in foture more slaves than those now in the island and their descendants; there will be an exterior, visible, and unquestionable mark to distinguish them from the free men; and if some Bozal negroes should be clandestinely introduced, it would be impossible tomake use of them as slaves wither speoste to the serious risk of | them the first they might be met with wit the proof of their inscription in the civil r. This will necessarily remove the temptation of profit, which has hitherto maintained that illicit trafic in spite of prosecution. The negroes fraudulently introduced are worth | HOW 48 much as legitimate slaves, for as soon as | they are disembarked and divided amongst the | estates, neither the one nor the other can be the ob- ject of fey lee pended deh Ce ‘trate ve ion Race them. But when the regtier is once estal ished and’ closed, the tenure of the real slaves will be as secure, a8 will be ephemeral and uncertain that which it is sought to exercise over those which are not 80, This will at least produce a very considerable differ- ence between the value of the tive classes; and the consequence of all this be, that the slave traders, not fin the risk they run suffi- ciently compensated by the profit they obtain, will abandon forever so unworthy a traffic. The obligation which 1s imposed on the owners, of car be noted in the register all the acts and cont which affect the condition of the slaves, or the rights which are exercised over them, will also contribute, in a great degree, to secure the property over them, and to prevent the frauds which are committed in the transactions concerning them. ‘When the fulfilment of this obligation shall be se- cured by a declaration that the acta and contracts which are not 80 registered shall have no effect in regard to third , who may not have inter- vened in the same, no one will be able to alienata the slaves of another, or to sell as free all | lien the partially redeemed slaves (coartados), or to commit any other fraud of the same kind. But the inscriptions and annotations made in the rable topecurs by all possible means, the respons sable to secure le means, jponsi- bility of the functionaries who are’ to have the charge of them, and the exactness, clearness, and | fegitfmacy of the statements, With this object, some rules of organization and procedure are sub- mitted to your Majesty, which will require to be completed by such regulations as the first authority of the island may adopt. . These, Madam, are the fundamental principles of the three projects of decrees which the President of a Council of Ministers has the honor of submitting your royal approbation. If your Majesty deigns to aire them, this will bestow upon Bae people of the Antilles some improvements and reforms of great importance for their preservation, prosperity and encouragement. Madam, at the royal feet of your Majesty, (Signed) Tue Count or San Luis. Madrid, March 22, 1854. ROYAL DEGREES. Having considered the esd of my President of the Council of Ministers, and in accordance with the opinion of the same Council, I hereby decree the following:— Article I. All the slaves resident in the island of Cuba who have not their permanent domicile in the agricultural estates or establishments, shall, with ceriain exceptions, pay & capitation tax. II. The owners ofslaves subject to capitation shall pay annually, instead of the established by the royal order of July 29, 1844, the following:—For the first slave, $2; for the second, $3; for the third, $4; and so on for each additional slave, $1 more. The holder of fifteen slaves, after paying the amount oor- reese to Moy el ga to hag re ceding pai ph, shall pa: only for eac! ve that he ay bare beyenk’ Afteen, Il. No capitation tax shall be exacted for female slaves, nor for their children under twelve years of age. IV. Married slaves, while they live with their wives, and have living children by them, shall only y $2 annually, whatever be the number of slaves hat the owner may have, and shall not be included in the assessment for the other slaves belonging to the same owner. If the number of the children amounts to four above twelve years of age, the slave their father shall be exempt from all capitation, even though he may be a widower. | V. The capitation tax shall be exacted fiom Me roprietors juarterly payments, and @ quai | Pye in advatioe, the abet quarter to be payable at the expiration of the first term when the similar t@* supppresed by the present decree was to become due riage or by Pi Sibeece compensation, in order thatthe | ates in order to ascertain the origin of the | keeping back many from the illicit commerce of Bo- | the advantages that can be desired, since their effi- | cacy being unquestionable, and their execution most | not ignorant er | laborers and spllitas or cults een es | numerous class from tl be drawn, must have contributed pe fed to all ic being by slaves. Thus it is that, in order to litate the effect of the ces of the colo- | facilities within the limits of the law for fixing the | nists, in order that these contrasts may be so drawn | | | forate confided to the political authority, which | bach may decide, ex @quo et bono, all the questions that | tabli between the colonists and the mas- | in the towns. | purpose of et | in which he is not exempt from it accordiog to this | penal or civil responsiblity which | estab nts,in order that the said slaves may | never change their domicile to towns without the owners fi ying the said duty. | Should be in a foreign port, this certificate or docu- sessing & iter number of jp cop ce have had losses by luring the same to the " dprietor who, ; sf also a greater pumber of male slaves the other competitors, may present in equal proportion a greater number of le slaves bel to him. VII. These premiu: all be adjudicated on the 19th November of ar, by a Junta presided over by the Govern jeneral, ard which shall be composed of the nt of the Audiencia, of the President of the Tribunal of Commerce of Havana, of two prceprietors elected by the corpora- tion of the same capital, and of two merchants selected by the said Tribunal of Commerce from per- eons not belonging thereto. VIII. The Captain- General of the island, making use of the powers which belong to him as civil “sf nor and superintendent of finance in ion, shall make, subject to my royal approbation, the proper arrangements for the collection, assessment, and punctual levying of this tax. 1x The Junta de Fomento shaytransmit to the political secretury all the informati@ and documents which it may have relating to thefsappressed capi- tation, and shall deliver over y royal treasury the produce of the same, which may not have been ps over on the pebliention of the present decree in the Island of Cuba. X. No alcabala shall be paid for the alaves who, after the said publication, may be sold or transfer- red, in order to serve or reside in agricultural es- tates or nts, proprietor who may ac- quire them with that a lorays makin it known at the office charged with the ion of that tax. XI. The Captsin-General of the island shall make the proper arrangements for recording the ‘a nent rewidence of the slaves transferred under the exemption from alcabala to agricultural estates and XII. Doul their residence in ments, may be ‘alcabala shall be paid for slaves who, cultural estates or es- ferred to serve or reside fraud for the cabala in cases XI. Any propeivton committin, judi) ing the payment of decree, shall pay double, without ey to the may incur by the sam e act. XIV. Only half the alcabala shall be exacted for the transfer of slaves under fourteen years of age. XY. No alcabala shall be exacted :— 1. For sales of slaves which may take place on ac- count of marriages under article XXX. of the regu- rations of the year 1842, provided the marriage shall roved. os For the legitimate and legitimised children of slaves who may be born after the publication of thia decree in the island, when they leave for the firat time the ownership under which they were born. Given atthe Palace, March 22, 1854. Signed by the royal hand. The President of the Council of Ministers. (Signed.) Lvzs Joax Saxtorivs. Having considered the report of the President of my Council of Ministers, and in accordence with the opinion of the same Council, I hereby approve the following regulations for the importation and management of colonists in the island of Cuba:— Ofte CuarTzR ae Importation lonists. Arr. I. rhente persons rece to introduce on their account into the island of Cuba, Spanish, Chinese, or Yucatan colonists, hall be able to do so from this day, and for the space of two years, sub- jecting themselves to the conditions established in these regulations. Il. The importer of the said colonists must pre- viously obtain permission from the government, | and must, for that porpose, present a certificate or | document showing that the vessel in which they are to be conveyed is fit for the voyage. If the vessel ment shall be issued by the §) nish Consul there, and if in a Spanish port by ie proper naval au- transferred from one part of the island to snother to the government. © Without » prev ious Of the coil AF wid Rights of the oO Colomits ood thet Meee’ XVI. The. DOr of the Island of Cuba eb: the of the eolo- | pists, and trust in the districts through his delegates, the tive Governors or 1 pant-Governors, who in their turs shall be assisted therein, and without necessity delegation, by the district captains. These funo- tionaries oe in every case, under the di- rection aud ra of the Governors and Lieutenant- Governors, XVII. In legal matters, and when the masters of the colonists do not appear for them, the syndics of the corporations, or their substitutes in the manici- pal juntas, shall be the defenders of the colonists in he inferior courts, and in the superior courts her Majesty's fiecal officers. VIII. The delegated shall attend to the proper treatment of the colonists and the fulfil- ment of their contracts; they shall prepose to the official protector the measures which they consider requisite for their weHare and encoursgement, and shall settle equitably and without form of law the questions which may arise between the colonists and their masters. If these questions should involve any point of law, the protector shall decide them summarily, taking viva voce evidence, and hearing the opinion of an assessor. If the subiect should be of greater legal import- ance, it ahall be decided by the proper authority and according to the established forms of law. XIX. It is understood that the colonists in sign- ing or accepting their cox tracts with the Mh here repounce the exercise of all civil rights which may be incompatible with the fulfilment of the obliga- tions which they incur, unless eome right is treated of which is expressly declared by these regulations. XX. The may contiact with the conset of their masters. Tf a colonist who is of age ehould wish to marry,ind his master should oppose it, he may redeem himself from his master under the conditions prescribed in Article XVIII, or he may seek another master, who ay receive him with the same conditions. ‘XI. The colonists shali exercise over their chil- dren ull the rights ok paieres) power, and over their wives all the rights of marital power, in as far as thoee rights are compatible with the legal condition of the said children and wives. XXII. The children of the colonists shall follow the condition of their mothers all the time that the contract of the latter laste ,if born during the same; but on completing eighteen years of age they shall te entirely free, although their mothers should con- tinue under contract. The children under age whom the women have at the time ot hiring follow the condition which | the women — stipulate with the contractors. I nothing should be stipulated they shall be éntirely free, but they shall havea right to be fed, lodged and clothed by the masters of thelr mothers, under the conditions established for those under twelve | ears old. : XXIII. The children of the colonists born under | the power of the masters of their mothers shall have | the same right while they follow the condition of the latter, but with the obligation to render in the meantime to the eaid masters the services of which they are capable according to their age. IV. The married colonists may not be trans- ferred to apy person who does not at the same time take both husband and wife and their children under twelve years of The masters may not oblige the husbands to live habitually separated from their wives, nor the latter from their children under twelve years of age. property, and y valid title, of previous | 3 health. XLII. The masters, shall pay their colonists the stipulated wages. upon in the eontract. / XLII. The colonists aball receive the whole of their wares while they are ill or convalescent, from illners contracted in consequence of labor, or from any cause dependent on the will of the master. If tbe illness should proceed from other causes, the coloiet will not have the same right, unless it may have been stipulated in the contract. XLIV. The colonist who, accordin, g ful act of bis own. XLV. For all the ge of the two previous articles and of Article colonists shall be reported upon by the medical men of the estate or extablishment in which the colonists are emp'oyed, and in default of them, by two physi- cians named by the mi 4 If the colonist ehould demur to their opinion, he may apply to the delegated protector, in order that by his direction the may be re-e: ined by two practitioners: one to be named by him, and another by the master, by whose decision both par- ties shall abide without ey ay If the phy- sicians named by the master and the colonist hee. gree, the delegated potecice shall name ¢ third, whore decision shall be final. XLVI. The colonists shall compensate their mas- ters for the ey and hours during which they ma; have neglected to work through their own ‘ault, and for that purpose their engagement shall be ex- tended for the Li atnneny 9 time. The colonist shall H receive any wages for the days of labor lost by fault, unless the contrary be expressly stipulated in the contract. to his con- | tenot, is entitled to receive bis wages during illness | arising from whatever cause, shall have no right to | demand his wages if his illncss arises from any wil- \ ‘VI, the diseases of the | LXVI. The hitherto to\Chinese and Yocatan colonists are hereby abv. General Regulation. The Governor Captain-General of the island sh u take the 7 measures inorder that, year, the month ee January, lists of the Caloniske may @ | Made out or corrected; the lists shall state thefr Or alngie the cement , whether they are married or single, tredes, the period of their contract, and the name, profession and domicile of their res- pective masters. shall send to the Presidency of Mivisters an annual al of the said registers, stating the number of colonists of each nation, classified by sexes ; by ages, up. to: 15 ears, from 15 to 50, and from that age upwards; y condition, as unmarried, married or widowers; by occupation, whether agricultural, industrial or domestic; by the districts in which they reside; aad by the time of duration of their contracts, ; as they may be under five years, from five te ten yeorr, from ten to fifteen years, and from fifteen: years upwards. Given at the Palace, March 22, 1854. Bigned by. the Royal Hand. The President of the Council of Ministers, (Signed) — Luis Jose Saxnronivs. Taking imto consideration the reasons stated to me by my President of the Council of Ministers, and in conformity with the opinion of the same Coungil, Thave determined to aperore the following tions, which are to be observed in the island of Ou- ba for preparing lists and a civil register of slaves: Cuarrer lL . Respecting Lists and First Inscription of Slaves in the Civil Register. Anr. I, On such days as the Captain General: may fix, the municipal officers of the towns (pedaneos’ accompanied by such functionaries or private viduals as the ive Governors or Lientenant- The regulations of this article shall hold good without barring the other penalties which the colo- nist rey ay the offence in question, XLVII. In iment of the regulations contained in the first paragraph of the prevtous Artizle, the owners or superintendents of the estates or estab- lishments in which the colonists work shall keep books containing an account of the daily labor of the colonists and of the Liget made to them, 80 that the account of what is owed by or due to any one, may be made out at any time, and in the for- mer care it may be known for what period the res- pective contracts ought to be prolonged. XLVIII. At the end of each month the account corresponding to the labor and pa; it of each colonist shall be closed, and he sh: informed of the result, in order that if he have ang@emark to make he eg? do so atonce, or may apply to the protector if he should not concur e master’s statement of the account. XLIX. The clause which, with reference to Ar ticle VI, Paragraph 8, every contract ought to con- tain, as to the colonist subjecting himself to the dis- cipline of the estate or establishment in which he has to work, and apy other stipulations which ob- liges him to obey his master's orders, shall be al- me understood with the Borage that the rules or orders prescribed to the colonist shall not be con- ped to other conditions of the same contract, nor to the tenor of these regulations. L. When any colonist deserts from the estate or establishment in which he is serving, the master shall inform the local authority, in order that the necessary steps may be taken for bis pursuit. The master shall pay at once the expenses occa- sioned by his capture and restitution, but shall have a right to indemnify himself for them by deduct- ing m the fugitive colonist half the wages due to im. Li. If @ master should have in his service non- Catholic colonists, he shall provide for their instruc- XXV. The colonists may acquire dispose of what may belong to them prosioed the contracts which they may miake do not involve aby express or tacit condition, the fulfilment of which may be incompatible with their contracts with the masters. XXVI. The colonists may Se take legal proceed- ings against their masters, being re resented in the manner prescribed in Article XVII, and against | other persons being represented by their own mas- | | masters, if the latter should be willing to undertake | their defence. If the masters should decline to do 80, or if in a suit between him and a third party the master’s in- terest should be opposed to that of his colonists, the thority. Ill, Neither of the said permiasions shall be con- | ceded unless the person in whose favor it is issued | obliges himself to import the number of women which the government may determine, on taking | into consideration the number of the men who are | to be imported in each expedition, their nationality, | and other circumstances. No tonnage duties ‘shail | be pata by the importers for women. | IV. The government, on conceding the permis- sion of which the previous articles treat, may exact | from the importers any other conditions which it any think fit with regard to the number, nationality and cther circumstances of the colonists who are to be imported. V. The contracts between the importers and the colonists shall be written in the language of the lat- ter, and shall be viséd by her Majesty’s Consul if made abroad, or by the Governor of the province if made in Spanish territory. Ne ries contracts must set forth the following iculars:— bar ‘The age,sex, and place of birth of the colonist. 2, The time for which his contract is to be in force. and the kind, quantity and quali- which he isto rece! 5 3. The ; ty of the food and clothing ive. rE The obligation to afford him medical assistance | igs illness. 5, Whether the wages are to be stopped when the | colonist falls ill from any cause not connected with his work, or independent of the will of the master. 6. The number of hours during which the colorist obliges himself to work each day, it being declared | whether the master is to have the power of increas- ing that number on some days, provided this in- crease shall be compensated by @ proportionate diminution on other days. 7. The obligation of the colonist to indemnify the mee 4 Seren ene eine Oe ye re t's te 8. The obligation of the same colonist to subject himself to the discipline of the estate, workshop, or establishment in w! he may have to labor. 9. A clause drawn up in these terms: “I, N.N., assent to the rate of above stipulated, al- though I know that what the free laborers and slaves of the Island of Cuba get is much greater, be- cause I consider this difference to be compensated by the other advant which my master has to af- ford to me, as stated in this contract.” 10. The signature of the colonist, if he can write, and that of the contractor. VII. The celonist shall receive, and keep in his possession, a copy of the contract signed by the con- tractor. VIII. If the colonists should be Spaniards and under age, they shall not be permitted to contract with the importers without the consent of their pa- rents or guardians. If they should be fereigners and under fourteen years of age, the person on whom they dey Hotei iy te the contract. 1x. e importers of coloniste shall not embark in any vessel more than one person for each ton of measurement on a voyage from the ports of the pen- insula; one person for each ton and a half on voya- ges made from the poe of China, and in the like proportion for the shorter voyage from Yucatan. SP The importers shall also be boun: Bb 1. To provide the vessels with water and whole- some food fully sufficient for the number of persons conveyed, and for the length of the voyage. 2. ‘to adopt the necessary precautions in order to maintain in the said vessels the cleanliness and ven- tilation indispensable for the health of the pas- a physician and medicine chest on board , oer tha aemaber of persons embarked is above a hundred. 4. To subject themselves, on their arrival at any ort of Cuba, to the sanatory and police regulations in force there. XI. In order to ensure the observance of these regulations the colonists must only be imported at the’ port of Havana, except in case of shipwreck or other inevitable accident, which may render the ar- rival and landing at some other port a matter of ne- cessity. ‘Ie Within twenty-four hours after the arrival of the vessel, or after its admission to free pratique, the importer shall present a list of the colonists em- barked by him, accompanied by their contracts, and bya return showin; number of those who ur have died during the passage, and the causes of th deaths. The Governor Captain-General, after these documents, andafter taking all the whi he may deem necessary to prevent fraud, will permit the disembarkation. XIII. The importers of colonists may transfer them to other employers, or to planters or individa- als, on euch terms a8 they may think fit, the latter always obliging themselves to fulfilthe contracts entered into with the said colonists and to conform to these regulations. The persons receiving such transfers ot colonists may re-assign them to other parties on the same conditions, and if on & transfer of colonists the terms of the original con- tract should be altered without the consent of the | The colonist shall in no case be able to make use of | latter must be represented by the Syndic in the in- ror courts, and by her esty’s Fiscal in the , superior. XVII. The colonists who may have made con- tracts when under twenty years of age, shall have the right of rescinding them when they are twenty- five years of age. Those who Spee have made con- tracts when above twenty years old, shall have the same right after six years’ contract. The masters shall likewise have the power to rescind them at the same periods at which the coloniste have this right. | the right recognized in this article unless he indem- nifies his master, either by labor or in some other mode, for what he may owe him. XXVIII. Every colonist shall be able to redeem himeelf at any time from the power of his master, provided he pays him in cash: 1. The amount which he may have paid for his uisition. a 8 That which the same colonist may owe him as compensation for labor or on any other account. 3. The increased value which, in the judgment of men of skill, the services of the colonist may have perind since he entered the master’s employ- ment 4. The amount of the loss which the master may aed from the difficulty of replacing the colonist by another. The colonist shall not be able to make use of this right in time of “ zafra,” or during any other of the pressing employments permitted on hi ihes ! A ee “ a —_ treat a — harsh- , OF engagement Ein, the colonist may apply to the del d pro: | tector, and if the latter, on parties, should be convinced of the justice of the complaint, he will allow the contract to be annulled. | ‘This anulment may be granted without hago! ee sation to the master for what he may have given for the acquisition of the colonist, and without bar- ring any civil or criminal action on the part of either irty. ' PKK. In the days and hours of rest the colonists may work on their own account within the estab- lishment or estate where they reside; and if they | should wish to work out of it, they must previously obtain the permission of the master. | In the same days and hours they fe Pape tat } in such barmless amusements as may not disturb the | or of the establishment or estate. | ‘I. The colonists shall freely dispose of the , roduce of their property and of their work done in | The days and hours of rest, but they shall not be all to establish any retail trade against the will of their master. XXXII. Whenever the colonist wishes to sell his | furniture or moveables, he shall inform his master, | chaser. XXXII. When the master concedes to his colo- nist any lot of land for cultivation during the days | and hours of rest, the colonist shall acquire the en- | tire produce unless his master may have stipulated | otherwise with him. | XXXIV. The colonists shall not be able to leave the estate or establishment in which they serve | without the written eae of their master or his | delegate, and any colonists found unprovided with | such a permit shall be apprehended by the authori- ties, and taken home at the master’s ex; XXXV. When it may have been sti; d in the contracts that the colonists shall have any particu- jar kind of food, or clothes of a icular make or | sort, and if circumstances should prevent the mas- ter from providing the same, the kind, quality, or make of either may be altered, but not the quan- tity. G the colonists should not be content with this change they shall apply to their protector, who will settle the matter fairly between the parties, with due regard to the essential right of the colonist. XXXVI. Whatever stipulations may have been made in the contracts as to medical assistance for the cclonists, it shall comprise, not only the attend- ance of the practitioner, but also such medicines and food as tl Pa may prescribe during ill- ness and convalescence. XXXVII. The colonists shall work for their mas- ters, on every day that is not a holiday, during the number of hours agreed upon in the contract. It is understood that days which are not holidays, for the purposes of this article, are all those on which the precept of ‘the church does not prohibit labor, and those which, notwithstanding the festival celebrated thereon, shall be clesiastical authorities as ‘ys. XXXVIIJ. Notwithstanding any stipulation to the contrary, the masters shall have no right to ex- act from their colonists more than twelve hours’ daily labor on an average. XXXIX. Ifacontract shall contain a stipulation a8 to the right of the master to arrange in the man- ner most advantageous for his interests the hours of labor phi ny with the colonist, as preacribed in No. 6 of article VI.,thatright shall be understood as limited, eo that the colonist can never be obliged to work more than fifteen hours in one day, and 80 aut! 1d by the ec- colonista, such transfer shall be null and void, XIV. Both the importers and receivers of colo- nists shall Ly! an account to the government of the number of the latter transferred or received within twenty-four hours after the conclusion of the con- tract, stating the number, sex, and age of said colo- nists, the vessel in which they arrived, the condi- tions of the contract made with them, the nature of the labor in which they are to be employed, and the place where they are going to reside. The government will then deliver to the receiver the contracts received from the importer relative to the eeded colonists, after entering their contents in the books which shall be kept for that purpose in the office of the Political Secretary. XY, The residence of the golonists may not be that he shall always have at least six consecutive hours of rest by night or by me If the said right should not have been stipulated in the contract, the master shall not have power to exact from the colonist more hours of work in each day than those ed upon. “kL. The colonise ‘must render to his master all | of these punishme who shall be preferred pro tanto to any other pur- | th | shall have the power | per, the tion in the doctrines and morality of the true reli- gion, but without employing other means for this purpose than persuasion and conviction; and if any one shall express a wish to conform to the Catholic faith, the master shall inform the parish priest. Lif. When 8 colonist shall suffer in his person or interests a wrong or injury, not amounting toa crime, from a free man, or from a colonist of an- other ownership, the master shall take cognizance of the fact, and if he think the complaint just, shall demand from the offender or his master, by friend! or extra-judicial means, the reparypion due; and if these means be not sufficient, he seek redress before the Sennen authority, or state the fact to the Syndic, in order that he may do so. If the complaint of the colonist should be thought unfounded, he shall be informed accordingly, and advised to abandon his complaint; but if the colonist should refuse to do so, he may appl to the Syndic to make the proper claim. en the complaint is directed against-another colonist belonging to the same master, the latter, or his delegate, shall de- | cide the question in the manner that he thinks just. Eitber of the parties may, 8p eal against this deci- sion to the protector or his delegate, who shall take cognizance of the matter in the form prescribed in Article XVIII. Lill. The importers of colonists, and the masters who may fail to poomply, with any of the obligations or formalities bed in this and the previous chapter, shall incur a fine proportionate to the gravity of the case, which shall be im sum- mesh without prejudice to the penal or civil re- sponsibility to which they may subject, and which the authority will have to exact from them in the Ren form. LIV. The colonists shall not be entitled to claim atany time, from their master, the government, or the importers, the nt of the expenses of their return vo: to their country, unless their con- tracts contain an express stipulation to. that effect. LV. On the expiration of the contract, the colo- nists shall have all the rights that belong to them renpeeuays according to origin as Spaniards or foreigners, without any difference between them and those who may never have been colonists. the Disciplin oy erediction ofthe BM isciplinary Jurisdiction of ti lasters. LVI. The masters shall reefs discip! jurisdiction over their colonists, and in virtue of it shall be able to impose the following punishments: e conte Ca Aa) van oe Be whe fired . Btoppage luring dime. e cate may be inflicted without the second, but the latter may never be applied without the former. LVI. Whenever the master inflicts on his colo- nist either of the penalties mentioned in the pre- vious Article, he shall give information within the next ‘twenty-four hours to the proper taser in order that he ma; ones ool he think proper, the offence committed, and may alter the sentence of the master if it should appear unjust. Any master soir to give the said notice within the time be subject to a sum- mary fine of $25 to $100. LVII. The colonists may in every case complain to the protector of any wrong done them by their masters, whether by punishing them without cause, by imposing penalties which are not within their competence, or by otherwise improperly treating em. If the protector find the master guilty of any of- fence, he shall denounce him to the proper tribunal; and if the offence be only a slight one, him- self impoee a fine not Seetng LIX. In order to ensure the fulfilment of the regu- lations of the two Fis oi Articles, the protectors to visit, when they think pro- estates or establishments where there are colonists, either B gprs or- by means of other functionaries, and to examine the colonists as they may think fit. . The delegates of the master in the estate or establishment in which the colonists work, may also exercise disciplinary jurisdiction, but under G cuniary responsibility of the same master, and with- out ne to the penal responsibility which they may incur. Pxl. ‘The following offences shall be punished as bove (disciplinarmente):— 1. Insubordinatton to the master, to the superin- tendents, or to any other delegate of the master. 2, Refusal to work, or want of punctuality in any Governors may appoint, will proceed to the ration of the lists of slaves throu, ghout the ‘lua II. These lists shall state, with due clearness and exactitude, the names of the slaves, their sex, the nation to which they belong, and their age, if it be known, and if not known, what their age may ap- pear to be; also the names of their parents, if known, their social position, their occupation, their personal description, and lastly, the name, profes- ‘fon, apd domicile of the owner. ii. The municipal officers and the delegates ac companying them will sign all the lists of tneir dis- trict, and the owners of slaves will sign their own lists, both being responsible to the Governor or to the tribunsls, according to the gravity of the case, for any mistake or any inexactitude showing a fraudulent intention. IV. Any owner of slaves who shall cause to be en- tered in the lists a greater number of slaves than he really possesses, shall pay a fine of from $200 to $500 for ad additional slave so entered. V. The same penalty shall be inflicted on the owner who shall enter any of his slaves with ‘alse description, showing a fraudulent intention. VI. The “pedaneo” and delegates wh: convicted of connivance in at the fra to in the two preceding Articles, shall punished as forgers of public docum: VI. After the expiration of the the formation of the lists, the “pe: them in original to the Govern vernor of the respective district» copy of the same. I. In every chief town »’ a district a civil re- gister of slaves shall be « ..vlished, which shall comprise all thoze slaves w .v may have their habi- tual residence within thy .me district, and which ye entrusted to a ..ic functionary appointed yy the IX. ernment. Governor. or Lieutenant-Governor, on receiving the lists ‘rom the “ Lagraped will transmit them, wit. wis certificate, to the keeper of the register, for ‘.e inscription in the latter of all the slaves comr: ised in the lists, without omitting i of the m:1ks or circumstances noted therein. . After tue expiration of the time fixed for the: formation of the lists, and when the civil r in the districts shall be opened, the Captain-General will fix a further short period, not to be extended, during which the owners of slaves who, for reason whatever, may have omitted to enter any of their slaves, may present themselves to the “ neo,” to; with the omitted slaves in question, to have them entered. XI. After the expiration of this second term, the ‘ pedaneos”’ shall transmit to the Governor or Lieutenant-Governor the lists which they may.have drawn up during this second period, ir_ the manner peered in Articles 1], III, VI, and VII, and then registers for all first inscriptions shall be irrevo- cably closed, excepting the inscription of newly- born children, orthat which may be ordered to made by the proper authorities after due . tion of the circumstances of the case, XII. The registers being closed, the Captain- General will fix a further period, within which the owners of slaves shall receive, through the “‘pedaneos,” two certified copies of the inscription ot ee ee called “cedulas de ag register tickets). II. The re; r tickets shall state briefly the description and circumstances of each slave, accord- ing to the tenor of the inscription, and they will be issued by the keeper of the register, and connter- signed by the respective Govenors or Lieutenant- Governors. XIV. The Governors or Lieutenant-Governors will cause new register tickets to be issued. when- ever they may be requested to doco by the owners of aay be alluded oried and. m fixed for vos” will send Lieutenant-Go- veping a certified slaves, in juence of the ori; ones having been lost; and the keepers of Ts will also issue such tickets by their own authority whenever they may make any alteration in t! inal inscription, any saves: non from of aft oak re eame according laid down in the next chapter. beg ‘The issuing of the ticket shall alway: be: entered XV. Th jing i who may not have been inscribed therein. by. owners be considered as _manumitted.and free, by virtue of the law, with the exception.of those Srey -rigbaee the proper beret J direct the laves Tej |» BCCO! e regulations hereinafter 1: - XVI. After the expiration of the term. in which. the owners of slaves are to recieve from, the “ dnaeos’”’ the register tickets, the slaves will not be allowed to pass freely in the country or on the publie roads without carrying with them one of the copies of their ticket. Any slave who may be found without.this_ docu- ment will be treated as a deserter; and.after his ar- rest by the authorities notice will be sent tothe owner that he may present the register ticket. If within thirty tg afier that in which. the owner bas received aforesaid notice the register ticket ehall not be presented, the slave shall. be de- clared free, and ee Lip authority will deliver to. him his letter of liom. XVII. After the register has been closed, only the. following slaves will be inscribed in it for the: first 1. Slaves born subsequently to the closing of the. register. cae who may be declared slaves. by sentence of the courts of justice, and after due proof of their legitimate origin. . Those whom the Captain-General or his dele- the Governors, or Lieutenant-Governors, may t to be entered as legitimately imported into the island, or as not having been ia the oy of their owners during the period fixed for their in- scription. XVIII. The newly bora slaves shall be entered by their owners within one month, to.be reckoned from, o ay os their birth, in the form prescribed. in. icle I. XIX. The men of color whose state of freedom. or of sla’ may be in question before the courts of justice, shall be entered with a note of this.cireum- stance; but the sentence whereby they are declared. slaves will have no force whatsoever, so long as it has not been registered in the form here’ de paiticular piece of work. 3. Injuries which do not oblige the party injured to suspend work. 4.1 ‘ion. 5. Drunkennees. 6. Infraction of the rules of discipline established yA lee good ot constituth fi ces against manners, not constituting crimes, which cannot be prosecuted unless at the instance of the parties, or which constituting a —_ vf this kind, are not prosecuted by the party offended. 8. Any other act done with malice, and from which injury or damage accrues to a third person, and which nevertheless does not constitute an of- fence subject to legal prosecution. LXII. The disciplinary jurisdiction shall be exer- cised by the masters without preston tothe right of injured parties to require that the offending nist shall be punished by the tribunals if there be just cause, LXIUI. The ordinary tribunals, te which the colo- nists shall present themselves, represented in the form preser! in Article XXVI, shall have co; nizance in all cases of penal or civil responsibility in which the masters are not competent judges ac- onsen the regulation in Article LXI. LXIV. When the punishments pointed out in Article LVI, are not sufficient to prevent the colonist from repeating the same or committing other offen- ces, the master shalt apply to the protector, who, if the act constitutes an offence according to the laws, shall decide that the guilty colonist may be punish lawful services that he may require, unless it shall have been in the contract that the colonist is to be employed exclusively in certain labors. Tn such case the colonist resist being em- ployed in labors different from those stipulated. the master may let out toa third person the ser- vices of his coloniet, for employment in such work ‘a is stipulated in the contract, and to which no cgm- dition of the contract is opposed, ed by them; and if not, by additional disciplinary punishment. LXV. If the colonists of an estate should matiny, or resist by force and collectively the orders of superiors, the master may alsoemploy force to bring thefh to order; and he shall give smmediate infor- mation to the delegated protector, in order that if the gravity of the case require it, he may take mea- sures for having the las iy colonista punialied at ‘once ig the presence of the Other golonista, scribed. XX. Any person legitimately importing any slave into the island of Cuba, shall credent him, yrithia one days after his arrival, to the superior political authority of the port in which he has been landed in order that that apnea fC having di ascertained the legitimacy of origin, may him to be registered in the town where he is to re- side. If the slaves so im should be obliged to con, tinue their journey, in company with their owners, within the eight days, the owners shall cause them. to be included in their own passports until they ar ies at the place where they are to fix their neal- nce. If the order for entering a slaye isto be carried into effect out of the district of the whom it has been given, such order a8 a pass, in order that the slave may self to the Governor or the Lieutenant-Governor the district where he is to reside, and that'the owner may apply to the aforesaid functionaries to, have tha s Fi z slave re, Sef ee ee eee In no case shill the pass in question, valid, be- days from its date. sone, XXI. The Governors of [Sy pay naen omen cause the slaves who may be under their y, be istered, stating, in the ‘of ie ent to yhom be belgie cause of Mis ite, ee the period of sentence, and how m oO $ XXII. Those slaves who havg. run away none oe th ‘ie Toueh, SS eaicoe mi sul juen' after they have been pranented ‘their owners to the Governor or the Governor of the district, and after these functionaries shall have duly ascertained the fact of the alave having ran away. Titles” Bestative to Slaves. XXII, Every year in the mouth of January, and