The Amelioration Act 1798Leeward Islands Act No. 36, vol. 1., The Laws of the Island of Antigua Consisting of the Acts of the Leeward Islands, 1690–1798, and Acts of Antigua, 1668–1845 (London: Samuel Bagster, 1805–46) (sometimes referred to as the Melioration Act or the Slavery Amelioration Act) was a

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

passed by the

Leeward Islands french: Îles-Sous-le-Vent , image_name = , image_caption = ''Political'' Leeward Islands. Clockwise: Antigua and Barbuda, Guadeloupe, Saint kitts and Nevis. , image_alt = , locator_map = , location = Caribbean SeaNorth Atlantic Ocean , coor ...

to improve the conditions of

slave Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

s in the British

Caribbean The Caribbean (, ) ( es, El Caribe; french: la Caraïbe; ht, Karayib; nl, De Caraïben) is a region of the Americas that consists of the Caribbean Sea, its islands (some surrounded by the Caribbean Sea and some bordering both the Caribbean Se ...

colonies. It introduced financial compensation for slaves, and therefore penalties for owners, for instances of cruelty or serious neglect. The Act prohibited marriages between slaves according to Christian religious ceremony. The Act was effectively repealed by the

Slave Trade Act 1807 The Slave Trade Act 1807, officially An Act for the Abolition of the Slave Trade, was an Act of the Parliament of the United Kingdom prohibiting the slave trade in the British Empire. Although it did not abolish the practice of slavery, it ...

, which made it illegal to trade in slaves in any British territory. The Act applied in all of the British Leeward Island colonies in the Caribbean until its implied repeal by the

Slavery Abolition Act 1833 The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) was an Act of the Parliament of the United Kingdom which provided for the gradual abolition of slavery in most parts of the British Empire. It was passed by Earl Grey's reforming administrati ...

. The Act is most often noted for its provisions for financial penalties for inflicting

cruel and unusual punishments Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...

on slaves. It also made provisions for basic entitlements of slaves to clothes, food and rudimentary education. However, the Act was somewhat eclectic in effect; it also prohibited marriages between slaves being sanctified by religious ceremony. Ultimately, the act would lead to

abolitionism Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The Britis ...

. The Act is sometimes portrayed as an example of extending basic

human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...

to slaves. Whilst that may be correct, it is also probable that the Act had considerably less altruistic purposes. Agitation amongst slaves was increasing in the region at the time, and

slave rebellion A slave rebellion is an armed uprising by enslaved people, as a way of fighting for their freedom. Rebellions of enslaved people have occurred in nearly all societies that practice slavery or have practiced slavery in the past. A desire for freedo ...

s were becoming increasingly frequent. Trying to moderate the conduct of the worst slave owners was partly a measure to control these outbreaks of violence. It suggested that the Act served an economic function; anticipating the abolition of the slave trade (which in fact subsequently happened pursuant to the

). It has been argued that the Act sought to preserve the well-being and encourage the breeding of existing slave populations to preserve the labour basis upon which the Caribbean's

plantation A plantation is an agricultural estate, generally centered on a plantation house, meant for farming that specializes in cash crops, usually mainly planted with a single crop, with perhaps ancillary areas for vegetables for eating and so on. The ...

economies were based. It does not appear that the provisions which prohibited cruel and unusual punishments were widely enforced. However, in at least one notable instance, the trial of Arthur Hodge for the

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

of one of his slaves, the Act was cited obliquely. Hodge's counsel, at the bail hearing, had argued that "A Negro being property, it was no greater offense for his master to kill him than it would be to kill his dog," a submission that was ridiculed by the prosecution, but, being unable to cite authority to refute it, made reference to the Act and averred that it was completely inconsistent with being entitled to kill slaves. Use of the term "cruel and unusual punishments", derived from the English Bill of Rights might have also been influenced by its inclusion in the Eighth Amendment to the United States Constitution some ten years previously, whose text was well known to English-speaking jurists.

Footnotes

{{Sugar 1798 in law Slavery legislation History of the Caribbean British Leeward Islands History of sugar 1798 in the Caribbean

See also

Footnotes