To Cuba and Back

one thousand free black volunteers, parading with the troops of the line and the white volunteers, and keeping guard in the Obra Pia. When it is remembered that the bearing arms and performing military duty as volunteers, is esteemed an honor and privilege, and is not allowed to the whites of Creole birth, except to a few who are favored by the government, the significance of this fact may be appreciated. The Cuban slaveholders are more impatient under this favoring of the free blacks, than under almost any other act of the government. They see in it an attempt, on the part of the authorities, to secure the sympathy and cooperation of the free blacks, in case of a revolutionary movement⁠—to set race against race, and to make the free blacks familiar with military duty, while the whites are growing up in ignorance of it. In point of civil privileges, the free blacks are the equals of the whites. In courts of law, as witnesses or parties, no difference is known; and they have the same rights as to the holding of lands and other property. As to their social position, I have not the means of speaking. I should think it quite as good as it is in New England, if not better.

So far as to the position of the blacks, when free. The laws also directly favor emancipation. Every slave has a right to go to a magistrate and have himself valued, and on paying the valuation, to receive his free papers. The valuation is made by three assessors, of whom the master nominates one and the magistrate the other two. The slave is not obliged to pay the entire valuation at once; but may pay it in instalments, of not less than fifty dollars each. These payments are not made as mere advances of money, on the security of the master’s receipt, but are part purchases. Each payment makes the slave an owner of such a portion of himself, pro parte indivisa, or as the Common Law would say, in tenancy-in-common, with his master. If the valuation be one thousand dollars, and he pays one hundred dollars, he is owned, one tenth by himself and nine tenths by his master. It has been said, in nearly all the American books on Cuba, that, on paying a share, he becomes entitled to a corresponding share of his time and labor; but, from the best information I can get, I think this is a mistake. The payment affects the proprietary title, but not the usufruct. Until all is paid, the master’s dominion over the slave is not reduced, as respects either discipline, or labor, or right of transfer; but if the slave is sold, or goes by operation of law to heirs or legatees or creditors, they take only the interest not paid for, subject to the right of future payment under the valuation.

There is another provision, which, at first sight, may not appear very important, but which is, I am inclined to think, the best practical protection the slave has against ill treatment by his master: that is, the right to a compulsory sale. A slave may, on the same process of valuation, compel his master to transfer him to any person who will pay the money. For this purpose, he need establish no cause of complaint. It is enough if he desires to be transferred, and someone is willing to buy him. This operates as a check upon the master, and an inducement to him to remove special causes of dissatisfaction; and it enables the better class of slaveholders in a neighborhood, if cases of ill-usage are known, to relieve the slave, without contertion or pecuniary loss.

In making the valuation, whether for emancipation or compulsory transfer, the slave is to be estimated at his value as a common laborer, according to his strength, age, and health. If he knows an art or trade, however much that may add to his value, only one hundred dollars can be added to the estimate for this trade or art. Thus the skill, industry and character of the slave, do not furnish an obstacle to his emancipation or transfer. On the contrary, all that his trade or art adds to his value, above one hundred dollars, is, in fact, a capital for his benefit.

There are other provisions for the relief of the slave, which, although they may make even a better show on paper, are of less practical value. On complaint and proof of cruel treatment, the law will dissolve the relation between master and slave. No slave can be flogged with more than twenty-five lashes, by the master’s authority. If his offence is thought greater than that punishment will suffice for, the public authorities must be called in. A slave mother may buy the freedom of her infant, for twenty-five dollars. If slaves have been married by the Church, they cannot be separated against their will; and the mother has the right to keep her nursing child. Each slave is entitled to his time on Sundays and all other holidays, beyond two hours allowed for necessary labor, except on sugar estates during the grinding season. Every slave born on the island is to be baptized and instructed in the Catholic faith, and to receive Christian burial. Formerly, there were provisions requiring religious services and instruction on each plantation, according to its size; but I believe these are either repealed, or become a dead letter. There are also provisions respecting the food, clothing and treatment of slaves in other respects, and the providing of a sick room and medicines, etc.; and the government has appointed magistrates, styled Sindicos, numerous enough, and living in all localities, whose duty it is to at tend to the petitions and complaints of slaves and to the measures relating to their sale transfer or emancipation.

As to the enforcement of these laws, I have little or no personal knowledge to offer; but some things, I