he air of England is too pure for a
slave to breathe in.'' This phrase, with slight variations, recurs
through long years in the rhetoric of movements to abolish first
African slavery within England, then the Atlantic traffic in African
people that England dominated for more than a century and then the
institution of slavery in the British Empire, whose populations
included hundreds of thousands of slaves. It is an axiom
traditionally believed to have been invoked in 1772, in principle if
not verbatim, by Lord Mansfield, the judge in Somerset v. Steuart,
which Steven M. Wise in ''Though the Heavens May Fall'' calls the
''trial that led to the end of human slavery.'' Somerset was an
African who accompanied Steuart, his owner, to England. He escaped,
was recaptured and sued successfully for his freedom.
Both Wise and Adam Hochschild celebrate this trial and the events
and personalities that brought it about. No doubt they should. It is
a melancholy fact, however, that the phenomenon of African slavery
loomed as it did over the Atlantic world because, from the reign of
Elizabeth I to the reign of George III, England assumed that the air
of its colonies, or of any other colony ready to buy, was impure
enough to accommodate slavery very nicely.
Wise, the president of the Center for the Expansion of
Fundamental Rights, traces with reverent care how the question of
the legality of slavery developed within England, culminating in
this famous trial. The hero of his narrative is Granville Sharp, a
minor government clerk who educated himself in the law in the course
of defending the rights of Africans brought into England as slaves.
He devoted himself and his slender resources to this work over
decades with the object of finally putting an end to slavery itself.
The trial, which is said to have abolished slavery within England by
legal precedent, was centered on the question of Steuart's right to
sell Somerset into the West Indies. Lord Mansfield ruled in favor of
Somerset on the grounds that slavery ''is so odious that nothing can
be suffered to support it but positive law.'' There being no such
law in England, ''the black must be discharged.'' This decision
freed an estimated 15,000 Africans then held as slaves in England.
Wise follows Sharp and the lawyers sympathetic to him through a
series of trials in which they attempt to obtain rulings to
vindicate the argument that English law does not countenance
slavery. He has an eye for evocative detail and an interest in the
trappings and procedures of an 18th-century courtroom that do as
much to engage the reader as the drama of the trials themselves. And
he has a good lawyer's love of those moments in which the true
poetry of humane justice finds its voice. More insight into the
actual operations of the law would have been useful -- some
discussion, for example, of the yawning gulf between the principle
of the right to trial and the fact that in early-19th-century
England, an average felony trial lasted less than nine minutes,
sometimes ending so quickly that the accused did not know he had
been tried. In practice, common law seems only a little too supple
to be called a rope of sand. Yet Wise assumes, more or less, that by
means of it England pulled itself out of the abyss of slavery and
pulled America and the world after it.
In this instance, though the purport of the Mansfield judgment
was taken to be that ''as soon as any slave sets foot on English
ground, he becomes free,'' the emancipated black population fell
into a wretchedness so extreme as to justify their expulsion to --
such paradoxes are endless -- the region of Sierra Leone that was
also the center of the British slave trade and from which Africans
were shipped into the West Indies. Their destitution was exploited
and exacerbated by none other than Granville Sharp, who
''distributed handbills asking London's gentlemen to cease
dispensing charity to poor blacks in order to nudge them toward
Africa.'' This coercion was apparently not at odds with the high
view of English liberty with which he had swayed public and judicial
opinion. Sharp, Wise says, ''believed wild tales of how mild and
fertile'' Sierra Leone was -- surely a remarkable feat of credulity,
given England's long experience with the place. In any case, in 1787
several hundred former slaves sailed to Sierra Leone ''with dozens
of white prostitutes whom the English authorities, anxious to rid
themselves of as many undesirables as possible, black and white, had
married to the settlers while the women were drunk'' -- if true, a
further light on English liberty. The population of the colony
promptly fell by two-thirds largely because of famine and disease.
This is not to give away the end of the story, which for Wise is
in fact the triumph of law and the beginning of the abolition of
human slavery. He acknowledges anomalies like this one in a late
chapter but, he concludes, ''Somerset's chief legacy'' was that
human slavery ''was so odious the common law would never support
it.'' And he continues: ''Mansfield's proved just the opening salvo
in a legal barrage that, within a century, splintered all of human
slavery's bulwarks.'' That century brought the world to 1872, when
colonialism was at its height and its depredations were only
accelerating. Colonialism disrupted and destroyed far more African
lives than did slavery. Indeed, the distinction between the two
seems no more than convenient.
Yet the Atlantic slave trade was an enormity stunning in its
scale and its duration. In ''Bury the Chains,'' Adam Hochschild
says: ''So rapidly were slaves worked to death, above all on the
brutal sugar plantations of the Caribbean, that between 1660 and
1807, ships brought well over three times as many Africans across
the ocean to British colonies as they did Europeans. And, of course,
it was not just to British territories that slaves were sent. From
Senegal to Virginia, Sierra Leone to Charleston, the Niger delta to
Cuba, Angola to Brazil, and on dozens upon dozens of crisscrossing
paths taken by thousands of vessels, the Atlantic was a vast
conveyor belt to early death in the fields of an immense swath of
plantations that stretched from Baltimore to Rio de Janeiro and
beyond.'' The subject of this interesting and valuable book is the
tiny cadre of reformers that undertook to arouse public feeling
against this great abuse. Hochschild says: ''For 50 years, activists
in England worked to end slavery in the British Empire. None of them
gained a penny by doing so, and their eventual success meant a huge
loss to the imperial economy.'' Vast, entrenched and profitable as
the slave trade was, how did they manage to bring it to an end?
That they did end it is assumed by Hochschild rather than proved
by him. It seems a little odd in a historian to use the
improbability of a movement's success as grounds for heightened
admiration, rather than for heightened attention to other
contributing factors. Given that the whole infernal enterprise was
sustained by the immense wealth it generated, one might, without
cynicism, look to the economic considerations in play. When the
British outlawed the exportation of Africans to the colonies for
sale in 1807, they had had almost 20 years' notice that the
Americans intended to ban the importation of Africans in 1808. And
it was just about this time that Napoleon, cut off by the British
Navy from French colonies in the Caribbean, began looking into the
domestic cultivation of the sugar beet.
And there were the rebellions in the West Indies, particularly
the Haitian rebellion. The sections of the book that deal with them
bring to light an astounding, and forgotten, episode in Western
history. Since Haiti alone produced as much foreign trade at that
time as the whole of the 13 colonies of North America, it was
potentially a great loss. It belonged to France, but Britain
supplied it with slaves, a valuable trade since the slaves were
intentionally worked to death -- it was cheaper to replace them than
to sustain them -- so the market for Africans was very brisk.
Uprisings had long been frequent in the West Indies, but at long
last rage in Haiti converged with the tactical brilliance of
Toussaint L'Ouverture and others and the slaves seized the island.
This part of the story is familiar. But there is more.
First the British and then the French under Napoleon sent huge
forces against the Haitians. The British sent a larger army against
Haiti than it had dispatched to fight in the American Revolution.
And it buried 60 percent of those soldiers in Haiti. The two
greatest powers on earth went up against a population of
half-starved, desperate people and were utterly defeated. It is no
surprise that these two abysmal wars of empire have fallen out of
history. One cannot read about them without concluding that the
Haitian Africans contributed mightily to making the Caribbean slave
system untenable. All in all, in 1807 the prospects of the traffic
in human beings were not good. It is perhaps coincidental that in
adopting the abolitionist stance Britain was able to seize the moral
high ground and attempt (together with the United States) to
suppress the slave trade among its economic rivals. Certainly this
posture was gallant enough to make a great part of the world forget
that Britain was for so long pre-eminent among the despoilers of
Africa.
Hochschild has written eloquently about the importance of this
kind of historical forgetting in ''King Leopold's Ghost,'' his
account of the policies of the Belgian King Leopold II in the Congo
in the early 20th century, which are estimated to have taken 10
million lives. There he writes, ''The world we live in -- its
divisions and conflicts, its widening gap between rich and poor, its
seemingly inexplicable outbursts of violence -- is shaped far less
by what we celebrate and mythologize than by the painful events we
try to forget.'' How consistently and with what lethal effect we
choose not to be aware.
Nevertheless, Hochschild interprets the success of the British
abolitionist movement as a triumph of empathy, a humane response to
horrors of which the public only gradually became conscious. His
heroes are Thomas Clarkson, William Wilberforce, Granville Sharp and
the former slave Olaudah Equiano, among others. These men did indeed
work patiently and passionately for emancipation. Certainly it is
uplifting to find empathy and law together championing justice, as
they do in the narratives of both Hochschild and Wise. The intention
of the writers is clearly the honorable one of finding an instance
in history in which justice has prevailed and the world has been
changed, and of finding as well a model of the kinds of activism by
which present enormities are, or might be, addressed. Yet, again to
the credit of both writers, these narratives include elements
incompatible with this kind of interpretation, indeed consistent
with the opposite and very bleak conclusion that movements based on
empathy and law, when proceeding from exalted tributes to the
essential decency of a population, can flatter indifference or
complicity.
In fact, the slave trade was at home in a world where the
appropriation of lives and the extortion of labor were astonishingly
commonplace. Hochschild describes the virtual abductions by which
slave ships were manned, and tells how these sailors were subject to
flogging and starving, and died in numbers as great as did the
abducted Africans they helped to transport. And the British Navy was
manned in the same way. None of this was at all exceptional, as it
would have to have been if there were indeed a presumption of
freedom embedded in English culture, as both books assert. No
consensus in support of freedom can be demonstrated. The
industrialist Robert Owen, writing in 1813, years after the
Mansfield decision, describes the transfer to factories of the
children of British paupers by the hundreds, 6-, 7- and 8-year-olds
who worked 13 hours a day through seven-year apprenticeships. These
little workers died quickly and were replaced by other pauper
children. They were not slaves in the strictest sense. The system
did resemble Caribbean slavery, however, in that it set a negative
value on their well-being.
The literature on such practices is immense because they were
pervasive and long lived and of interest to many generations of
activists. Indeed, if there were not economic motives behind British
abolition, then the speed with which that reform came about is
miraculous compared with the laggardly pace of reforms affecting the
laboring classes who were the great majority of the British
population. Owen asks, ''Shall the well-being of the poor,
half-naked, half-famished, untaught and untrained . . . not call
forth one petition, one delegate, one rational effective legislative
measure?'' Just at the time of the emancipation of the British West
Indies, a reform bill passed by Parliament created the ''Poor Law
Bastilles,'' a system of punitive incarceration for the indigent.
Hochschild describes how the Parliament paid the West Indian
slaveholders extravagant sums for their emancipated slaves, who then
became their oppressed and wretchedly paid employees, driven to
frequent rebellion just as the slaves had been. If Britain taught
the world by ending actual slavery, it gave the world a second
lesson in establishing virtual slavery. As Hochschild remarks in
''King Leopold's Ghost,'' empathy is fickle.
The primacy of England in these narratives slights the fact that
a consensus against slavery had been building for a generation in
New England, and longer in Quaker Philadelphia. The role of England
in sustaining slavery in its colonies is demonstrated in the
abolition of slavery immediately after the American Revolution, in
Vermont in 1777 and in Massachusetts in 1780. The institution of
human bondage became truly peculiar to the South only after the
Revolution, because it was legal everywhere in the colonies while
they were under British law. And years after the emancipation of
slaves in the empire, Britain came near intervening in the American
Civil War on the side of the slave states. The arguments in Somerset
v. Steuart treat the laws of the colonies as alien to England,
though members of the royal family were major stockholders in the
slave trade, and what is more English than the Church of England,
which was a great slaveholder in Jamaica? While every good effect of
an important precedent must be welcomed, the fact remains that the
claim to an exclusive English purity that is the basis for the legal
arguments associated with Steuart v. Somerset was and is a denial of
history, a part of the great forgetting.
Marilynne Robinson teaches at the Iowa Writers' Workshop. Her
most recent novel is ''Gilead.''
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