PART II.

THE AFRICAN COMMERCE,

OR

SLAVE TRADE.

* * * * *

CHAP. I.

As we explained the History of Slavery in the first part of this Essay,

as far as it was necessary for our purpose, we shall now take the

question into consideration, which we proposed at first as the subject

of our inquiry, viz. how far the commerce and slavery of the human

species, as revived by some of the nations of Europe in the persons of

the unfortunate Africans, and as revived, in a great measure, on the

principles of antiquity, are consistent with the laws of nature, or the

common notions of equity, as established among men.

This question resolves itself into two separate parts for discussion,

into _the African commerce (as explained in the history of

slavery)_ and _the subsequent slavery in the colonies, as founded

on the equity of the commerce_. The former, of course, will be first

examined. For this purpose we shall inquire into the rise, nature, and

design of government. Such an inquiry will be particularly useful in the

present place; it will afford us that general knowledge of subordination

and liberty, which is necessary in the case before us, and will be

found, as it were, a source, to which we may frequently refer for many

and valuable arguments.

It appears that mankind were originally free, and that they possessed an

equal right to the soil and produce of the earth. For proof of this, we

need only appeal to the _divine_ writings; to the _golden age_

of the poets, which, like other fables of the times, had its origin in

truth; and to the institution of the _Saturnalia_, and of other

similar festivals; all of which are so many monuments of this original

equality of men. Hence then there was no rank, no distinction, no

superiour. Every man wandered where he chose, changing his residence, as

a spot attracted his fancy, or suited his convenience, uncontrouled by

his neighbour, unconnected with any but his family. Hence also (as every

thing was common) he collected what he chose without injury, and enjoyed

without injury what he had collected. Such was the first situation of

mankind; [036]a state of _dissociation_ and _independence_.

In this dissociated state it is impossible that men could have long

continued. The dangers to which they must have frequently been exposed,

by the attacks of fierce and rapacious beasts, by the proedatory

attempts of their own species, and by the disputes of contiguous and

independent families; these, together with their inability to defend,

themselves, on many such occasions, must have incited them to unite.

Hence then was _society_ formed on the grand principles of

preservation and defence: and as these principles began to operate, in

the different parts of the earth, where the different families had

roamed, a great number of these _societies_ began to be formed and

established; which, taking to themselves particular names from

particular occurrences, began to be perfectly distinct from one another.

As the individuals, of whom these societies were composed, had

associated only for their defence, so they experienced, at first, no

change in their condition. They were still independent and free; they

were still without discipline or laws; they had every thing still in

common; they pursued the same, manner of life; wandering only, in

_herds_, as the earth gave them or refused them sustenance, and

doing, as a _publick body_, what they had been accustomed to do as

_individuals_ before. This was the exact situation of the Getæ and

Scythians[037], of the Lybians and Goetulians[038], of the Italian

Aborigines[039], and of the Huns and Alans[040]. They had left their

original state of _dissociation_, and had stepped into that, which

has been just described. Thus was the second situation of men a state of

_independent society_.

Having thus joined themselves together, and having formed themselves

into several large and distinct bodies, they could not fail of

submitting soon to a more considerable change. Their numbers must have

rapidly increased, and their societies, in process of time, have become

so populous, as frequently to have experienced the want of subsistence,

and many of the commotions and tumults of intestine strife. For these

inconveniences however there were remedies to be found.

_Agriculture_ would furnish them with that subsistence and support,

which the earth, from the rapid increase of its inhabitants, had become

unable spontaneously to produce. An _assignation_ of _property_

would not only enforce an application, but excite an emulation,

to labour; and _government_ would at once afford a security

to the acquisitions of the industrious, and heal the intestine

disorders of the community, by the introduction of laws.

Such then were the remedies, that were gradually applied. The

_societies_, which had hitherto seen their members, undistinguished

either by authority or rank, admitted now of magistratical pre-eminence.

They were divided into tribes; to every tribe was allotted a particular

district for its support, and to every individual his particular spot.

The Germans[041], who consisted of many and various nations, were

exactly in this situation. They had advanced a step beyond the

Scythians, Goetulians, and those, whom we described before; and thus was

the third situation of mankind a state of _subordinate society_.

* * * * *

FOOTNOTES

[Footnote 036: This conclusion concerning the dissociated state of

mankind, is confirmed by all the early writers, with whose descriptions

of primitive times no other conclusion is reconcileable.]

[Footnote 037: Justin. L. 2. C. 2.]

[Footnote 038: Sallust. Bell. Jug.]

[Footnote 039: Sallust. Bell. Catil.]

[Footnote 040: Ammianus Marcellinus. L. 31. C. 2. et. inseq.]

[Footnote 041: Agri pro Numero Cultorum ab universis per vicos

occupantur, quos mox inter se secundum dignationem partiuntur. Tacitus.

C. 26. de Mor. Germ.]

* * * * *

CHAP. II.

As we have thus traced the situation of man from unbounded liberty to

subordination, it will be proper to carry our inquiries farther, and to

consider, who first obtained the pre-eminence in these _primoeval

societies_, and by what particular methods it was obtained.

There were only two ways, by which such an event could have been

produced, by _compulsion_ or _consent_. When mankind first saw

the necessity of government, it is probable that many had conceived the

desire of ruling. To be placed in a new situation, to be taken from the

common herd, to be the first, distinguished among men, were thoughts,

that must have had their charms. Let us suppose then, that these

thoughts had worked so unusually on the passions of any particular

individual, as to have driven him to the extravagant design of obtaining

the preeminence by force. How could his design have been accomplished?

How could he forcibly have usurped the jurisdiction at a time, when, all

being equally free, there was not a single person, whose assistance he

could command? Add to this, that, in a state of universal liberty, force

had been repaid by force, and the attempt had been fatal to the usurper.

As _empire_ then could never have been gained at first by

_compulsion_, so it could only have been obtained by _consent_;

and as men were then going to make an important sacrifice,

for the sake of their _mutual_ happiness, so he alone could

have obtained it, (not whose _ambition_ had greatly distinguished

him from the rest) but in whose _wisdom, justice, prudence_,

and _virtue_, the whole community could confide.

To confirm this reasoning, we shall appeal, as before, to facts; and

shall consult therefore the history of those nations, which having just

left their former state of _independent society_, were the very

people that established _subordination_ and _government_.

The commentaries of Cæsar afford us the following accounts of the

ancient Gauls. When any of their kings, either by death, or deposition,

made a vacancy in the regal office, the whole nation was immediately

convened for the appointment of a successor. In these national

conventions were the regal offices conferred. Every individual had a

voice on the occasion, and every individual was free. The person upon

whom the general approbation appeared to fall, was immediately advanced

to pre-eminence in the state. He was uniformly one, whose actions had

made him eminent; whose conduct had gained him previous applause; whose

valour the very assembly, that elected him, had themselves witnessed in

the field; whose prudence, wisdom and justice, having rendered him

signally serviceable, had endeared him to his tribe. For this reason,

their kingdoms were not hereditary; the son did not always inherit the

virtues of the sire; and they were determined that he alone should

possess authority, in whose virtues they could confide. Nor was this

all. So sensible were they of the important sacrifice they had made; so

extremely jealous even of the name of superiority and power, that they

limited, by a variety of laws, the authority of the very person, whom

they had just elected, from a confidence of his integrity; Ambiorix

himself confessing, "that his people had as much power over him, as he

could possibly have over his people."

The same custom, as appears from Tacitus, prevailed also among the

Germans. They had their national councils, like the Gauls; in which the

regal and ducal offices were confirmed according to the majority of

voices. They elected also, on these occasions, those only, whom their

virtue, by repeated trial, had unequivocally distinguished from the

rest; and they limited their authority so far, as neither to leave them

the power of inflicting imprisonment or stripes, nor of exercising any

penal jurisdiction. But as punishment was necessary in a state of civil

society, "it was permitted to the priests alone, that it might appear to

have been inflicted, by the order of the gods, and not by any superiour

authority in man."

The accounts which we have thus given of the ancient Germans and Gauls,

will be found also to be equally true of those people, which had arrived

at the same state of subordinate society. We might appeal, for a

testimony of this, to the history of the Goths; to the history of the

Franks and Saxons; to, the history, in short, of all those nations, from

which the different governments, now conspicuous in Europe, have

undeniably sprung. And we might appeal, as a farther proof, to the

Americans, who are represented by many of the moderns, from their own

ocular testimony, as observing the same customs at the present day.

It remains only to observe, that as these customs prevailed among the

different nations described, in their early state of subordinate

society, and as they were moreover the customs of their respective

ancestors, it appears that they must have been handed down, both by

tradition and use, from the first introduction of _government_.

* * * * *

CHAP. III.

We may now deduce those general maxims concerning _subordination_,

and _liberty_, which we mentioned to have been essentially

connected with the subject, and which some, from speculation only, and

without any allusion to facts, have been bold enough to deny.

It appears first, that _liberty_ is a _natural_, and

_government_ an _adventitious_ right, because all men were

originally free.

It appears secondly, that government is a [042]_contract_ because,

in these primeval subordinate societies, we have seen it voluntarily

conferred on the one hand, and accepted on the other. We have seen it

subject to various restrictions. We have seen its articles, which could

then only be written by tradition and use, as perfect and binding as

those, which are now committed to letters. We have seen it, in short,

partaking of the _federal_ nature, as much as it could in a state,

which wanted the means of recording its transactions.

It appear thirdly, that the grand object of the _contrast_, is the

_happiness_ of the people; because they gave the supremacy to him

alone, who had been conspicuous for the splendour of his abilities, or

the integrity of his life: that the power of the multitude being

directed by the _wisdom_ and _justice_ of the prince, they

might experience the most effectual protection from injury, the highest

advantages of society, the greatest possible _happiness_.

* * * * *

FOOTNOTES

[Footnote 042: The author has lately read a work, intitled Paley's Moral

and Political Philosophy, which, in this one respect, favours those

which have been hinted at, as it denies that government was a contract.

"No social compact was ever made in fact,"--"it is to suppose it

possible to call savages out of caves and deserts, to deliberate upon

topicks, which the experience and studies, and the refinements of civil

life alone suggest. Therefore no government in the universe begun from

this original." But there are no grounds for so absurd a supposition;

for government, and of course the social compact, does not appear to

have been introduced at the time, when families coming out of their

caves and deserts, or, in other words, quitting their former

_dissociated_ state, joined themselves together. They had lived a

considerable time in _society_, like the Lybians and Gætulians

before-mentioned, and had felt many of the disadvantages of a want of

discipline and laws, before government was introduced at all. The author

of this Essay, before he took into consideration the origin of

government, was determined, in a matter of such importance, to be

biassed by no opinion whatever, and much less to indulge himself in

speculation. He was determined solely to adhere to fact, and, by looking

into the accounts left us of those governments which were in their

infancy, and, of course in the least complicated state, to attempt to

discover their foundation: he cannot say therefore, that upon a very

minute perusal of the excellent work before quoted, he has been so far

convinced, as to retract in the least from his sentiments on this head,

and to give up maxims, which are drawn from historical facts, for those,

which are the result of speculation. He may observe here, that whether

government was a _contract_ or not, it will not affect the

reasoning of the present Essay; since where ever the contract is

afterwards mentioned, it is inferred only that its object was "the

_happiness of the people_," which is confessedly the end of

government. Notwithstanding this, he is under the necessity of inserting

this little note, though he almost feels himself ungrateful in

contradicting a work, which has afforded him so much entertainment.]

* * * * *

CHAP. IV.

Having now collected the materials that are necessary for the

prosecution of our design, we shall immediately enter upon the

discussion.

If any man had originally been endued with power, as with other

faculties, so that the rest of mankind had discovered in themselves an

_innate necessity_ of obeying this particular person; it is evident

that he and his descendants, from the superiority of their nature, would

have had a claim upon men for obedience, and a natural right to command:

but as the right to empire is _adventitious_; as all were

originally free; as nature made every man's body and mind _his

own_; it is evident that no just man can be consigned to

_slavery_, without his own _consent_.

Neither can men, by the same principles, be considered as lands, goods,

or houses, among _possessions_. It is necessary that all

_property_ should be inferiour to its _possessor_. But how

does the _slave_ differ from his _master_, but by _chance_?

For though the mark, with which the latter is pleased to

brand him, shews, at the first sight, the difference of their

_fortune_; what mark can be found in his _nature_, that can

warrant a distinction?

To this consideration we shall add the following, that if men can justly

become the property of each other, their children, like the offspring of

cattle, must inherit their _paternal_ lot. Now, as the actions of

the father and the child must be thus at the sole disposal of their

common master, it is evident, that the _authority_ of the one, as a

_parent_, and the _duty_ of the other, as a _child_, must

be instantly annihilated; rights and obligations, which, as they are

sounded in nature, are implanted in our feelings, and are established by

the voice of God, must contain in their annihilation a solid argument to

prove, that there cannot be any _property_ whatever in the _human

species_.

We may consider also, as a farther confirmation, that it is impossible,

in the nature of things, that _liberty_ can be _bought_ or

_sold_! It is neither _saleable_, nor _purchasable_. For

if any one man can have an absolute property in the liberty of another,

or, in other words, if he, who is called a _master_, can have a

_just_ right to command the actions of him, who is called a

_slave_, it is evident that the latter cannot be accountable for

those crimes, which the former may order him to commit. Now as every

reasonable being is accountable for his actions, it is evident, that

such a right cannot _justly_ exist, and that human liberty, of

course, is beyond the possibility either of _sale_ or _purchase_.

Add to this, that, whenever you sell the liberty of a man,

you have the power only of alluding to the _body_: the _mind_

cannot be confined or bound: it will be free, though its

mansion be beset with chains. But if, in every sale of the _human

species_, you are under the necessity of considering your slave in

this abstracted light; of alluding only to the body, and of making no

allusion to the mind; you are under the necessity also of treating him,

in the same moment, as a _brute_, and of abusing therefore that

nature, which cannot otherwise be considered, than in the double

capacity of _soul_ and _body_.

But some person, perhaps, will make an objection to one of the former

arguments. "If men, from _superiority_ of their nature, cannot be

considered, like lands, goods, or houses, among possessions, so neither

can cattle: for being endued with life, motion, and sensibility, they

are evidently _superiour_ to these." But this objection will

receive its answer from those observations which have been already made;

and will discover the true reason, why cattle are justly to be estimated

as property. For first, the right to empire over brutes, is

_natural_, and not _adventitious_, like the right to empire

over men. There are, secondly, many and evident signs of the

_inferiority_ of their nature; and thirdly, their liberty can be

bought and sold, because, being void of reason, they cannot be

_accountable_ for their actions.

We might stop here for a considerable time, and deduce many valuable

lessons from the remarks that have been made, but that such a

circumstance might be considered as a digression. There is one, however,

which, as it is so intimately connected with the subject, we cannot but

deduce. We are taught to treat men in a different manner from brutes,

because they are so manifestly superiour in their nature; we are taught

to treat brutes in a different manner from stones, for the same reason;

and thus, by giving to every created thing its due respect, to answer

the views of Providence, which did not create a variety of natures

without a purpose or design.

But if these things are so, how evidently against reason, nature, and

every thing human and divine, must they act, who not only force men into

_slavery_, against their own _consent_; but treat them altogether

as _brutes_, and make the _natural liberty_ of man an article

of publick commerce! and by what arguments can they possibly

defend that commerce, which cannot be carried on, in any single

instance, without a flagrant violation of the laws of nature and of God?

* * * * *

CHAP. V.

That we may the more accurately examine the arguments that are advanced

on this occasion, it will be proper to divide the _commerce_ into

two parts; first, as it relates to those who _sell_, and secondly,

as it relates to those who _purchase_, the _human species_

into slavery. To the former part of which, having given every previous

and necessary information in the history of servitude, we shall

immediately proceed.

Let us inquire first, by what particular right the _liberties_ of

the harmless people are invaded by the _prince_. "By the _right

of empire_," it will be answered; "because he possesses dominion and

power by their own approbation and consent." But subjects, though under

the dominion, are not the _property_, of the prince. They cannot be

considered as his _possessions_. Their _natures_ are both the

same; they are both born in the same manner; are subject to the same

disorders; must apply to the same remedies for a cure; are equally

partakers of the grave: an _incidental_ distinction accompanies

them through life, and this--is all.

We may add to this, that though the prince possesses dominion and power,

by the consent and approbation of his subjects, he possesses it only for

the most _salutary_ ends. He may tyrannize, if he can: he may alter

the _form_ of his government: he cannot, however, alter its

_nature_ and _end_. These will be immutably the same, though

the whole system of its administration should be changed; and he will be

still bound to _defend_ the lives and properties of his subjects,

and to make them _happy_.

Does he defend those therefore, whom he invades at discretion with the

sword? Does he protect the property of those, whose houses and effects

he consigns at discretion to the flames? Does he make those happy, whom

he seizes, as they are trying to escape the general devastation, and

compels with their wives and families to a wretched _servitude?_ He

acts surely, as if the use of empire consisted in violence and

oppression; as if he, that was most exalted, ought, of necessity, to be

most unjust. Here then the voice of _nature_ and _justice_ is

against him. He breaks that law of _nature_, which ordains, "that no

just man shall be given into slavery, against his own _consent_:"

he violates the first law of _justice_, as established among men,

"that no person shall do harm to another without a previous and

sufficient _provocation_;" and he violates also the sacred

condition of _empire_, made with his ancestors, and necessarily

understood in every species of government, "that, the power of the

multitude being given up to the wisdom and justice of the prince, they

may experience, in return, the most effectual protection from injury,

the highest advantages of society, the greatest possible

_happiness_."

But if kings then, to whom their own people have granted dominion and

power, are unable to invade the liberties of their harmless subjects,

without the highest _injustice_; how can those private persons be

justified, who treacherously lie in wait for their fellow-creatures, and

sell them into slavery? What arguments can they possibly bring in

their defence? What treaty of empire can they produce, by which their

innocent victims ever resigned to them the least portion of their

_liberty_? In vain will they plead the _antiquity_ of the

custom: in vain will the _honourable_ light, in which _piracy_

was considered in the ages of barbarism, afford them an excuse. Impious

and abandoned men! ye invade the liberties of those, who, (with respect

to your impious selves) are in a state of _nature_, in a state of

original _dissociation_, perfectly _independent_, perfectly

_free_.

It appears then, that the two orders of slaves, which have been

mentioned in the history of the African servitude, "of those who are

publickly seized by virtue of the authority of their prince; and of

those, who are privately kidnapped by individuals," are collected by

means of violence and oppression; by means, repugnant to _nature_,

the principles of _government_, and the common notions of

_equity_, as established among men.

* * * * *

CHAP. VI.

We come now to the third order of _involuntary_ slaves, "to

convicts." The only argument that the sellers advance here, is this,

"that they have been found guilty of offences, and that the punishment

is just." But before the equity of the sentence can be allowed two

questions must be decided, whether the punishment is _proportioned_

to the offence, and what is its particular _object_ and _end_?

To decide the first, we may previously observe, that the African

servitude comprehends _banishment_, a _deprivation_ of _liberty_,

and many _corporal_ sufferings.

On _banishment_, the following observations will suffice. Mankind

have their _local_ attachments. They have a particular regard for

the spot, in which they were born and nurtured. Here it was, that they

first drew their infant-breath: here, that they were cherished and

supported: here, that they passed those scenes of childhood, which, free

from care and anxiety, are the happiest in the life of man; scenes,

which accompany them through life; which throw themselves frequently

into their thoughts, and produce the most agreeable sensations. These

then are weighty considerations; and how great this regard is, may be

evidenced from our own feelings; from the testimony of some, who, when

remote from their country, and, in the hour of danger and distress, have

found their thoughts unusually directed, by some impulse or other, to

their native spot; and from the example of others, who, having braved

the storms and adversities of life, either repair to it for the

remainder of their days, or desire even to be conveyed to it, when

existence is no more.

But separately from these their _local_, they have also their

_personal_ attachments; their regard for particular men. There are

ties of blood; there are ties of friendship. In the former case, they

must of necessity be attached: the constitution of their nature demands

it. In the latter, it is impossible to be otherwise, since friendship is

founded on an harmony of temper, on a concordance of sentiments and

manners, on habits of confidence, and a mutual exchange of favours.

We may now mention, as perfectly distinct both from their _local_

and_ personal_, the _national_ attachments of mankind, their

regard for the whole body of the people, among whom they were born and

educated. This regard is particularly conspicuous in the conduct of

such, as, being thus _nationally_ connected, reside in foreign

parts. How anxiously do they meet together! how much do they enjoy the

fight of others of their countrymen, whom fortune places in their way!

what an eagerness do they show to serve them, though not born on the

same particular spot, though not connected by consanguinity or

friendship, though unknown to them before! Neither is this affection

wonderful, since they are creatures of the same education; of the same

principles; of the same manners and habits; cast, as it were, in the

same mould; and marked with the same impression.

If men therefore are thus separately attached to the several objects

described, it is evident that a separate exclusion from either must

afford them considerable pain. What then must be their sufferings, to be

forced for ever from their country, which includes them all? Which

contains the _spot_, in which they were born and nurtured; which

contains their _relations_ and _friends_; which contains the

whole body of the _people_, among whom they were bred and educated.

In these sufferings, which arise to men, both in bidding, and in having

bid, adieu to all that they esteem as dear and valuable,

_banishment_ consists in part; and we may agree therefore with the

ancients, without adding other melancholy circumstances to the account,

that it is no inconsiderable punishment of itself.

With respect to the _loss_ of _liberty_, which is the second

consideration in the punishment, it is evident that men bear nothing

worse; that there is nothing, that they lay more at heart; and that they

have shewn, by many and memorable instances, that even death is to be

preferred. How many could be named here, who, having suffered the

_loss_ of _liberty_, have put a period to their existence! How

many, that have willingly undergone the hazard of their lives to destroy

a tyrant! How many, that have even gloried to perish in the attempt! How

many bloody and publick wars have been undertaken (not to mention the

numerous _servile_ insurrections, with which history is stained)

for the cause of _freedom_!

But if nothing is dearer than _liberty_ to men, with which, the

barren rock is able to afford its joys, and without which, the glorious

fun shines upon them but in vain, and all the sweets and delicacies of

life are tasteless and unenjoyed; what punishment can be more severe

than the loss of so great a blessing? But if to this _deprivation_

of _liberty_, we add the agonizing pangs of _banishment_; and

if to the complicated stings of both, we add the incessant _stripes,

wounds_, and _miseries_, which are undergone by those, who are

sold into this horrid _servitude_; what crime can we possibly

imagine to be so enormous, as to be worthy of so great a punishment?

How contrary then to reason, justice, and nature, must those act, who

apply this, the severest of human punishments, to the most insignificant

offence! yet such is the custom with the Africans: for, from the time,

in which the Europeans first intoxicated the African princes with their

foreign draughts, no crime has been committed, no shadow of a crime

devised, that has not immediately been punished with _servitude_.

But for what purpose is the punishment applied? Is it applied to amend

the manners of the criminal, and thus render him a better subject? No,

for if you banish him, he can no longer be a subject, and you can no

longer therefore be solicitous for his morals. Add to this, that if you

banish him to a place, where he is to experience the hardships of want

and hunger (so powerfully does hunger compel men to the perpetration of

crimes) you force him rather to corrupt, than amend his manners, and to

be wicked, when he might otherwise be just.

Is it applied then, that others may be deterred from the same

proceedings, and that crimes may become less frequent? No, but that

_avarice_ may be gratified; that the prince may experience the

emoluments of the sale: for, horrid and melancholy thought! the more

crimes his subjects commit, the richer is he made; the more

_abandoned_ the subject, the _happier_ is the prince!

Neither can we allow that the punishment thus applied, tends in any

degree to answer _publick happiness_; for if men can be sentenced

to slavery, right or wrong; if shadows can be turned into substances,

and virtues into crimes; it is evident that none can be happy, because

none can be secure.

But if the punishment is infinitely greater than the offence, (which has

been shewn before) and if it is inflicted, neither to amend the

criminal, nor to deter others from the same proceedings, nor to advance,

in any degree, the happiness of the publick, it is scarce necessary to

observe, that it is totally unjust, since it is repugnant to

_reason_, the dictates of _nature_, and the very principles of

_government_.

* * * * *

CHAP. VII.

We come now to the fourth and last order of slaves, to _prisoners of

war_. As the _sellers_ lay a particular stress on this order of

men, and infer much, from its _antiquity_, in support of the

justice of their cause, we shall examine the principle, on which it

subsisted among the ancients. But as this principle was the same among

all nations, and as a citation from many of their histories would not be

less tedious than unnecessary, we shall select the example of the Romans

for the consideration of the case.

The law, by which prisoners of war were said to be sentenced to

servitude, was the _law of nations_[043]. It was so called from the

universal concurrence of nations in the custom. It had two points in

view, the _persons_ of the _captured_, and their _effects_; both

of which it immediately sentenced, without any of the usual

forms of law, to be the property of the _captors_.

The principle, on which the law was established, was the _right of

capture_. When any of the contending parties had overcome their

opponents, and were about to destroy them, the right was considered to

commence; a right, which the victors conceived themselves to have, to

recall their swords, and, from the consideration of having saved the

lives of the vanquished, when they could have taken them by the laws of

war, to commute _blood_ for _service_. Hence the Roman lawyer,

Pomponius, deduces the etymology of _slave_ in the Roman language.

"They were called _servi_[044], says he, from the following

circumstance. It was usual with our commanders to take them prisoners,

and sell them: now this circumstance implies, that they must have been

previously _preserved_, and hence the name." Such then was the

_right of capture_. It was a right, which the circumstance of

_taking_ the vanquished, that is, of _preserving_ them alive,

gave the conquerors to their persons. By this right, as always including

the idea of a previous preservation from death, the vanquished were said

_to be slaves_[045]; and, "as all slaves," says Justinian, "are

themselves in the power of others, and of course can have nothing of

their own, so their effects followed the condition of their persons, and

became the property of the captors."

To examine this right, by which the vanquished were said to be slaves,

we shall use the words of a celebrated Roman author, and apply them to

the present case[046]. "If it is lawful," says he, "to deprive a man of

his life, it is certainly not inconsistent with nature to rob him;" to

rob him of his liberty. We admit the conclusion to be just, if the

supposition be the same: we allow, if men have a right to commit that,

which is considered as a greater crime, that they have a right, at the

same instant, to commit that, which is considered as a less. But what

shall we say to the _hypothesis_? We deny it to be true. The voice

of nature is against it. It is not lawful to kill, but on

_necessity_. Had there been a necessity, where had the wretched

captive survived to be broken with chains and servitude? The very act of

saving his life is an argument to prove, that no such necessity existed.

The _conclusion_ is therefore false. The captors had no right to

the _lives_ of the captured, and of course none to their

_liberty_: they had no right to their _blood_, and of course

none to their _service_. Their right therefore had no foundation in

justice. It was founded on a principle, contrary to the law of nature,

and of course contrary to that law, which people, under different

governments, are bound to observe to one another.

It is scarce necessary to observe, as a farther testimony of the

injustice of the measure, that the Europeans, after the introduction of

Christianity, exploded this principle of the ancients, as frivolous and

false; that they spared the lives of the vanquished, not from the sordid

motives of _avarice_, but from a conscientiousness, that homicide

could only be justified by _necessity_; that they introduced an

_exchange_ of prisoners, and, by many and wise regulations,

deprived war of many of its former horrours.

But the advocates for slavery, unable to defend themselves against these

arguments, have fled to other resources, and, ignorant of history, have

denied that the _right of capture_ was the true principle, on which

slavery subsisted among the ancients. They reason thus. "The learned

Grotius, and others, have considered slavery as the just consequence of

a private war, (supposing the war to be just and the opponents in a

state of nature), upon the principles of _reparation_ and

_punishment_. Now as the law of nature, which is the rule of

conduct to individuals in such a situation, is applicable to members of

a different community, there is reason to presume, that these principles

were applied by the ancients to their prisoners of war; that their

_effects_ were confiscated by the right of _reparation_, and

their _persons_ by the right of _punishment_."--

But, such a presumption is false. The _right of capture_ was the

only argument, that the ancients adduced in their defence. Hence

Polybius; "What must they, (the Mantinenses) suffer, to receive the

punishment they deserve? Perhaps it will be said, _that they must be

sold, when they are taken, with their wives and children into

slavery_: But this is not to be considered as a punishment, since

even those suffer it, by the laws of war, who have done nothing that is

base." The truth is, that both the _offending_ and the _offended_

parties, whenever they were victorious, inflicted slavery

alike. But if the _offending_ party inflicted slavery on

the persons of the vanquished, by what right did they inflict it? It

must be answered from the presumption before-mentioned, "by the right of

_reparation_, or of _punishment:_" an answer plainly absurd

and contradictory, as it supposes the _aggressor_ to have a

_right_, which the _injured_ only could possess.

Neither is the argument less fallacious than the presumption, in

applying these principles, which in a _publick_ war could belong to

the _publick_ only, to the persons of the _individuals_ that

were taken. This calls us again to the history of the ancients, and, as

the rights of reparation and punishment could extend to those only, who

had been injured, to select a particular instance for the consideration

of the case.

As the Romans had been injured without a previous provocation by the

conduct of Hannibal at Saguntum, we may take the treaty into

consideration, which they made with the Carthaginians, when the latter,

defeated at Zama, sued for peace. It consisted of three articles[047].

By the first, the Carthaginians were to be free, and to enjoy their own

constitution and laws. By the second, they were to pay a considerable

sum of money, as a reparation for the damages and expence of war: and,

by the third, they were to deliver up their elephants and ships of war,

and to be subject to various restrictions, as a punishment. With these

terms they complied, and the war was finished.

Thus then did the Romans make that distinction between _private_

and _publick_ war, which was necessary to be made, and which the

argument is fallacious in not supposing. The treasury of the vanquished

was marked as the means of _reparation_; and as this treasury was

supplied, in a great measure, by the imposition of taxes, and was,

wholly, the property of the _publick_, so the _publick_ made

the reparation that was due. The _elephants_ also, and _ships of

war_, which were marked as the means of _punishment_, were

_publick_ property; and as they were considerable instruments of

security and defence to their possessors, and of annoyance to an enemy,

so their loss, added to the restrictions of the treaty, operated as a

great and _publick_ punishment. But with respect to the

Carthaginian prisoners, who had been taken in the war, they were

retained in _servitude:_ not upon the principles of _reparation_

and _punishment_, because the Romans had already received,

by their own confession in the treaty, a sufficient satisfaction:

not upon these principles, because they were inapplicable

to _individuals:_ the legionary soldier in the service of the

injured, who took his prisoner, was not the person, to whom the

_injury had been done_, any more than the soldier in the service of

the aggressors, who was taken, was the person, who had _committed the

offence:_ but they were retained in servitude by the _right of

capture_; because, when both parties had sent their military into the

field to determine the dispute, it was at the _private_ choice of

the legionary soldier before-mentioned, whether he would spare the life

of his conquered opponent, when he was thought to be entitled to take

it, if he had chosen, by the laws of war.

To produce more instances, as an illustration of the subject, or to go

farther into the argument, would be to trespass upon the patience, as

well as understanding of the reader. In _a state of nature_, where

a man is supposed to commit an injury, and to be unconnected with the

rest of the world, the act is _private_, and the right, which the

injured acquires, can extend only to _himself:_ but in _a state

of society_, where any member or members of a particular community

give offence to those of another, and they are patronized by the state,

to which they belong, the case is altered; the act becomes immediately

_publick_, and the _publick_ alone are to experience the

consequences of their injustice. For as no particular member of the

community, if considered as an individual, is guilty, except the person,

by whom the injury was done, it would be contrary to reason and justice,

to apply the principles of _reparation_ and _punishment_,

which belong to the people as a collective body, to any individual of

the community, who should happen to be taken. Now, as the principles of

_reparation_ and _punishment_ are thus inapplicable to the

prisoners, taken in a _publick_ war, and as the _right of

capture_, as we have shewn before, is insufficient to intitle the

victors to the _service_ of the vanquished, it is evident that

_slavery_ cannot justly exist at all, since there are no other

maxims, on which it can be founded, even in the most equitable wars.

But if these things are so; if slavery cannot be defended even in the

most _equitable_ wars, what arguments will not be found against

that servitude, which arises from those, that are _unjust?_ Which

arises from those African wars, that relate to the present subject? The

African princes, corrupted by the merchants of Europe, seek every

opportunity of quarrelling with one another. Every spark is blown into a

flame; and war is undertaken from no other consideration, than that

_of procuring slaves:_ while the Europeans, on the other hand,

happy in the quarrels which they have thus excited, supply them with

arms and ammunition for the accomplishment of their horrid purpose. Thus

has Africa, for the space of two hundred years, been the scene of the

most iniquitous and bloody wars; and thus have many thousands of men, in

the most iniquitous manner, been sent into servitude.

* * * * *

FOOTNOTES

[Footnote 043: _Jure Gentium_ servi nostri sunt, qui ab hostibus

capiuntur. Justinian, L. 1. 5. 5. 1.]

[Footnote 044: _Serverum_ appellatio ex eo fluxit, quod imperatores

nostri captivos vendere, ac per hoc _servare_, nec occidere

solent.]

[Footnote 045: Nam sive victoribus _jure captivitatis_ servissent,

&c. Justin, L. 4. 3. et passim apud scriptores antiquos.]

[Footnote 046: Neque est contra naturam spoliare eum, si possis, quem

honestum est necare. Cicero de officiis. L. 3. 6.]

[Footnote 047: 1. Ut liberi suis legibus viverent. Livy, L. 30. 37. 2.

Decem millia talentum argenti descripta pensionibus æquis in annos

quinquaginta solverent. Ibid. 3. Et naves rostratas, præter decem

triremes, traderent, elephantosque, quos haberent domitos; neque

domarent alios; Bellum neve in Africa, neve extra Africam, injussu P. R.

gererent, &c. Ibid.]

* * * * *

CHAP. VIII.

We shall beg leave, before we proceed to the arguments of the

_purchasers_, to add the following observations to the substance of

the three preceding chapters.

As the two orders of men, of those who are privately kidnapped by

individuals, and of those who are publickly seized by virtue of the

authority of their prince, compose together, at least[048], nine tenths

of the African slaves, they cannot contain, upon a moderate computation,

less than ninety thousand men annually transported: an immense number,

but easily to be credited, when we reflect that thousands are employed

for the purpose of stealing the unwary, and that these diabolical

practices are in force, so far has European _injustice_ been

spread, at the distance of a thousand miles from the factories on the

coast. The _slave merchants_, among whom a quantity of European

goods is previously divided, travel into the heart of the country to

this amazing distance. Some of them attend the various markets, that are

established through so large an extent of territory, to purchase the

kidnapped people, whom the _slave-hunters_ are continually bringing

in; while the rest, subdividing their merchandize among the petty

sovereigns with whom they deal, receive, by an immediate exertion of

fraud and violence, the stipulated number.

Now, will any man assert, in opposition to the arguments before

advanced, that out of this immense body of men, thus annually collected

and transported, there is even _one_, over whom the original or

subsequent seller can have any power or right? Whoever asserts this, in

the first instance, must, contradict his own feelings, and must consider

_himself_ as a just object of prey, whenever any daring invader

shall think it proper to attack _him_. And, in the second instance,

the very idea which the African princes entertain of their villages, as

_parks_ or _reservoirs_, stocked only for their own convenience,

and of their subjects, as _wild beasts_, whom they may pursue

and take at pleasure, is so shocking, that it need only be

mentioned, to be instantly reprobated by the reader.

The order of slaves, which is next to the former in respect to the

number of people whom it contains, is that of prisoners of war. This

order, if the former statement be true, is more inconsiderable than is

generally imagined; but whoever reflects on the prodigious slaughter

that is constantly made in every African skirmish, cannot be otherwise

than of this opinion: he will find, that where _ten_ are taken, he

has every reason to presume that an _hundred_ perish. In some of

these skirmishes, though they have been begun for the express purpose of

_procuring slaves_, the conquerors have suffered but few of the

vanquished to escape the fury of the sword; and there have not been

wanting instances, where they have been so incensed at the resistance

they have found, that their spirit of vengeance has entirely got the

better of their avarice, and they have murdered, in cool blood, every

individual, without discrimination, either of age or sex.

The following[049] is an account of one of these skirmishes, as

described by a person, who was witness to the scene. "I was sent, with

several others, in a small sloop up the river Niger, to purchase slaves:

we had some free negroes with us in the practice; and as the vessels are

liable to frequent attacks from the negroes on one side of the river, or

the Moors on the other, they are all armed. As we rode at anchor a long

way up the river, we observed a large number of negroes in huts by the

river's side, and for our own safety kept a wary eye on them. Early next

morning we saw from our masthead a numerous body approaching, with

apparently but little order, but in close array. They approached very

fast, and fell furiously on the inhabitants of the town, who seemed to

be quite _surprized_, but nevertheless, as soon as they could get

together, fought stoutly. They had some fire-arms, but made very little

use of them, as they came directly to close fighting with their spears,

lances, and sabres. Many of the invaders were mounted on small horses;

and both parties fought for about half an hour with the fiercest

animosity, exerting much more courage and perseverance than I had ever

before been witness to amongst them. The women and children of the town

clustered together to the water's edge, running shrieking up and down

with terrour, waiting the event of the combat, till their party gave

way and took to the water, to endeavour to swim over to the Barbary

side. They were closely pursued even into the river by the victors, who,

though they came for the purpose of _getting slaves_, gave no

quarter, _their cruelty even prevailing over their avarice_. They

made no prisoners, but put all to the sword without mercy. Horrible

indeed was the carnage of the vanquished on this occasion, and as we

were within two or three hundred yards of them, their cries and shrieks

affected us extremely. We had got up our anchor at the beginning of the

fray, and now stood close in to the spot, where the victors having

followed the vanquished into the water, were continually dragging out

and murdering those, whom by reason of their wounds they easily

overtook. The very children, whom they took in great numbers, did not

escape the massacre. Enraged at their barbarity, we fired our guns

loaden with grape shot, and a volley of small arms among them, which

effectually checked their ardour, and obliged them to retire to a

distance from the shore; from whence a few round cannon shot soon

removed them into the woods. The whole river was black over with the

heads of the fugitives, who were swimming for their lives. These poor

wretches, fearing _us_ as much as their conquerors, dived when we

fired, and cried most lamentably for mercy. Having now effectually

favoured their retreat, we stood backwards and forwards, and took up

several that were wounded and tired. All whose wounds had disabled them

from swimming, were either butchered or drowned, before we got up to

them. With a justice and generosity, _never I believe before heard of

among slavers_, we gave those their liberty whom we had taken up,

setting them on shore on the Barbary side, among the poor residue of

their companions, who had survived the slaughter of the morning."

We shall make but two remarks on this horrid instance of African

cruelty. It adds, first, a considerable weight to the statements that

have been made; and confirms, secondly, the conclusions that were drawn

in the preceding chapter. For if we even allow the right of capture to be

just, and the principles of reparation and punishment to be applicable

to the individuals of a community, yet would the former be unjust, and

the latter inapplicable, in the present case. Every African war is a

robbery; and we may add, to our former expression, when we said, "that

thus have many thousands of men, in the most iniquitous manner, been

sent into servitude," that we believe there are few of this order, who

are not as much the examples of injustice, as the people that have been

kidnapped; and who do not additionally convey, when we consider them as

prisoners of war, an idea of the most complicated scene of murder.

The order of _convicts_, as it exists almost solely among those

princes, whose dominions are contiguous to the European factories, is

from this circumstance so inconsiderable, when compared with either of

the preceding, that we should not have mentioned it again, but that we

were unwilling to omit any additional argument that occurred against it.

It has been shewn already, that the punishment of slavery is inflicted

from no other motive, than that of gratifying the _avarice_ of the

prince, a confederation so detestable, as to be sufficient of itself to

prove it to be unjust; and that it is so disproportionate, from its

_nature_, to the offence, as to afford an additional proof of its

injustice. We shall add now, as a second argument, its disproportion

from its _continuance:_ and we shall derive a third from the

consideration, that, in civil society, every violation of the laws of

the community is an offence against the _state_[050].

Let us suppose then an African prince, disdaining for once the idea of

emolument: let us suppose him for once inflamed with the love of his

country, and resolving to punish from this principle alone, "that by

exhibiting an example of terrour, he may preserve that _happiness of

the publick_, which he is bound to secure and defend by the very

nature of his contract; or, in other words, that he may answer the end

of government." If actuated then by this principle, he should adjudge

slavery to an offender, as a just punishment for his offence, for whose

benefit must the convict labour? If it be answered, "for the benefit of

the state," we allow that the punishment, in whatever light it is

considered, will be found to be equitable: but if it be answered, "for

the benefit of any _individual whom he pleases to appoint_," we

deny it to be just. The state[051] alone is considered to have been

injured, and as _injuries cannot possibly be transferred_, the

state alone can justly receive the advantages of his labour. But if the

African prince, when he thus condemns him to labour for the benefit of

an _unoffended individual_, should at the same time sentence him to

become his _property_; that is, if he should make the person and

life of the convict at the absolute disposal of him, for whom he has

sentenced him to labour; it is evident that, in addition to his former

injustice, he is usurping a power, which no ruler or rulers of a state

can possess, and which the great Creator of the universe never yet gave

to any order whatever of created beings.

That this reasoning is true, and that civilized nations have considered

it as such, will be best testified by their practice. We may appeal here

to that _slavery_, which is now adjudged to delinquents, as a

punishment, among many of the states of Europe. These delinquents are

sentenced to labour at the _oar_, to work in _mines_, and on

_fortifications_, to cut and clear _rivers_, to make and

repair _roads_, and to perform other works of national utility.

They are employed, in short, in the _publick_ work; because, as the

crimes they have committed are considered to have been crimes against

the publick, no individual can justly receive the emoluments of their

labour; and they are neither _sold_, nor made capable of being

_transferred_, because no government whatsoever is invested with

such a power.

Thus then may that slavery, in which only the idea of _labour_ is

included, be perfectly equitable, and the delinquent will always receive

his punishment as a man; whereas in that, which additionally includes

the idea of _property_, and to undergo which, the delinquent must

previously change his nature, and become a _brute_; there is an

inconsistency, which no arguments can reconcile, and a contradiction to

every principle of nature, which a man need only to appeal to his own

feelings immediately to evince. And we will venture to assert, from the

united observations that have been made upon the subject, in opposition

to any arguments that may be advanced, that there is scarcely one of

those, who are called African convicts, on whom the prince has a right

to inflict a punishment at all; and that there is no one whatever, whom

he has a power of sentencing to labour for the benefit of an unoffended

individual, and much less whom he has a right to sell.

Having now fully examined the arguments of the _sellers_[052], and

having made such additional remarks as were necessary, we have only to

add, that we cannot sufficiently express our detestation at their

conduct. Were the reader coolly to reflect upon the case of but

_one_ of the unfortunate men, who are annually the victims of

_avarice_, and consider his situation in life, as a father, an

husband, or a friend, we are sure, that even on such a partial

reflection, he must experience considerable pain. What then must be his

feelings, when he is told, that, since the slave-trade began,

[053]_nine millions_ of men have been torn from their dearest

connections, and sold into slavery. If at this recital his indignation

should arise, let him consider it as the genuine production of nature;

that she recoiled at the horrid thought, and that she applied instantly

a torch to his breast to kindle his resentment; and if, during his

indignation, she should awaken the sigh of sympathy, or seduce the tear

of commiseration from his eye, let him consider each as an additional

argument against the iniquity of the _sellers_.

* * * * *

FOOTNOTES

[Footnote 048: The total annual exportation from Africa, is estimated

here at 100,000 men, two thirds of whom are exported by the British

merchants alone. This estimate is less than that which is usually made,

and has been published. The author has been informed by disinterested

people, who were in most of the West India islands during the late war,

and who conversed with many of the most intelligent of the negroes, for

the purpose of inquiring by what methods they had originally been

reduced to slavery, that they did not find even two in twenty, who had

been reduced to that situation, by any other means than those mentioned

above. The author, desirous of a farther confirmation of this

circumstance, stopped the press till he had written to another friend,

who had resided twenty years in the West-Indies, and whose opinion he

had not yet asked. The following is an extract from the answer. "I do

not among many hundreds recollect to have seen but one or two slaves, of

those imported from Africa, who had any scars to shew, that they had

been in war. They are generally such as are kidnapped, or sold by their

tyrants, after the destruction of a village. In short, I am firmly of

opinion, that crimes and war together do not furnish one slave in an

hundred of the numbers introduced into the European colonies. Of

consequence the trade itself, were it possible to suppose convicts or

prisoners of war to be justly sentenced to servitude, is accountable for

ninety-nine in every hundred slaves, whom it supplies. It an insult to

the publick, to attempt to palliate the method of procuring them."]

[Footnote 049: The writer of the letter of which this is a faithful

extract, and who was known to the author of the present Essay, was a

long time on the African coast. He had once the misfortune to be

shipwrecked there, and to be taken by the natives, who conveyed him and

his companions a considerable way up into the country. The hardships

which he underwent in the march, his treatment during his captivity, the

scenes to which he was witness, while he resided among the inland

Africans, as well as while in the African trade, gave occasion to a

series of very interesting letters. These letters were sent to the

author of the present Essay, with liberty to make what use of them he

chose, by the gentleman to whom they were written.]

[Footnote 050: Were this not the case, the government of a country could

have no right to take cognizance of crimes, and punish them, but every

individual, if injured, would have a right to punish the aggressor with

his own hand, which is contrary to the notions of all civilized men,

whether among the ancients or the moderns.]

[Footnote 051: This same notion is entertained even by the African

princes, who do not permit the person injured to revenge his injury, or

to receive the convict as his slave. But if the very person who has been

_injured_, does not possess him, much less ought any other person

whatsoever.]

[Footnote 052: There are instances on the African continent, of

_parents_ selling their _children_. As the slaves of this

description are so few, and are so irregularly obtained, we did not

think it worth our while to consider them as forming an order; and, as

God never gave the parent a power over his child to make him

_miserable_, we trust that any farther mention of them will be

unnecessary.]

[Footnote 053: Abbè Raynal, Hist. Phil. vol. 4. P. 154.]

* * * * *

CHAP. IX.

It remains only now to examine by what arguments those, who

_receive_ or _purchase_ their fellow-creatures into slavery,

defend the _commerce_. Their first plea is, "that they receive

those with propriety, who are convicted of crimes, because they are

delivered into their hands by _their own magistrates_." But what is

this to you _receivers_? Have the unfortunate _convicts_ been

guilty of injury to _you_? Have they broken _your_ treaties?

Have they plundered _your_ ships? Have they carried _your_

wives and children into slavery, that _you_ should thus retaliate?

Have they offended _you_ even by word or gesture?

But if the African convicts are innocent with respect to you; if you

have not even the shadow of a claim upon their persons; by what right do

you receive them? "By the laws of the Africans," you will say; "by which

it is positively allowed."--But can _laws_ alter the nature of

vice? They may give it a sanction perhaps: it will still be immutably

the same, and, though dressed in the outward habiliments of

_honour_, will still be _intrinsically base_.

But alas! you do not only attempt to defend yourselves by these

arguments, but even dare to give your actions the appearance of lenity,

and assume _merit_ from your _baseness_! and how first ought

you particularly to blush, when you assert, "that prisoners of war are

only purchased from the hands of their conquerors, _to deliver them

from death_." Ridiculous defence! can the most credulous believe it?

You entice the Africans to war; you foment their quarrels; you supply

them with arms and ammunition, and all--from the _motives of

benevolence_. Does a man set fire to an house, for the purpose of

rescuing the inhabitants from the flames? But if they are only

purchased, to _deliver them from death_; why, when they are

delivered into your hands, as protectors, do you torture them with

hunger? Why do you kill them with fatigue? Why does the whip deform

their bodies, or the knife their limbs? Why do you sentence them to

death? to a death, infinitely more excruciating than that from which you

so kindly saved them? What answer do you make to this? for if you had

not humanely preserved them from the hands of their conquerors, a quick

death perhaps, and that in the space of a moment, had freed them from

their pain: but on account of your _favour_ and _benevolence_,

it is known, that they have lingered years in pain and agony, and have

been sentenced, at last, to a dreadful death for the most insignificant

offence.

Neither can we allow the other argument to be true, on which you found

your merit; "that you take them from their country for their own

convenience; because Africa, scorched with incessant heat, and subject

to the most violent rains and tempests, is unwholesome, and unfit to be

inhabited." Preposterous men! do you thus judge from your own feelings?

Do you thus judge from your own constitution and frame? But if you

suppose that the Africans are incapable of enduring their own climate,

because you cannot endure it yourselves; why do you receive them into

slavery? Why do you not measure them here by the same standard? For if

you are unable to bear hunger and thirst, chains and imprisonment,

wounds and torture, why do you not suppose them incapable of enduring

the same treatment? Thus then is your argument turned against

yourselves. But consider the answer which the Scythians gave the

Ægyptians, when they contended about the antiquity of their

original[054], "That nature, when she first distinguished countries by

different degrees of heat and cold, tempered the bodies of animals, at

the same instant, to endure the different situations: that as the

climate of Scythia was severer than that of Ægypt, so were the bodies of

the Scythians harder, and as capable of enduring the severity of their

atmosphere, as the Ægyptians the temperateness of their own."

But you may say perhaps, that, though they are capable of enduring their

own climate, yet their situation is frequently uncomfortable, and even

wretched: that Africa is infested with locusts, and insects of various

kinds; that they settle in swarms upon the trees, destroy the verdure,

consume the fruit, and deprive the inhabitants of their food. But the

same answer may be applied as before; "that the same kind Providence,

who tempered the body of the animal, tempered also the body of the tree;

that he gave it a quality to recover the bite of the locust, which he

sent; and to reassume, in a short interval of time, its former glory."

And that such is the case experience has shewn: for the very trees that

have been infested, and stripped of their bloom and verdure, so

surprizingly quick is vegetation, appear in a few days, as if an insect

had been utterly unknown.

We may add to these observations, from the testimony of those who have

written the History of Africa from their own inspection, that no country

is more luxurious in prospects, none more fruitful, none more rich in

herds and flocks, and none, where the comforts of life, can be gained

with so little trouble.

But you say again, as a confirmation of these your former arguments, (by

which you would have it understood, that the Africans themselves are

sensible of the goodness of your intentions) "that they do not appear to

go with you against their will." Impudent and base assertion! Why then

do you load them with chains? Why keep you your daily and nightly

watches? But alas, as a farther, though a more melancholy proof, of the

falsehood of your assertions, how many, when on board your ships, have

put a period to their existence? How many have leaped into the sea? How

many have pined to death, that, even at the expence of their lives, they

might fly from your _benevolence_?

Do you call them obstinate then, because they refuse your favours? Do

you call them ungrateful, because they make you this return? How much

rather ought you receivers to blush! How much rather ought you receivers

to be considered as abandoned and execrable; who, when you usurp the

dominion over those, who are as free and independent as yourselves,

break the first law of justice, which ordains, "that no person shall do

harm to another, without a previous provocation;" who offend against

the dictates of nature, which commands, "that no just man shall be given

or received into slavery against his own consent;" and who violate the

very laws of the empire that you assume, by consigning your subjects to

misery.

Now, as a famous Heathen philosopher observes, from whose mouth you

shall be convicted[055], "there is a considerable difference, whether an

injury is done, during any perturbation of mind, which is generally

short and momentary; or whether it is done with any previous meditation

and design; for, those crimes, which proceed from any sudden commotion

of the mind, are less than those, which are studied and prepared," how

great and enormous are your crimes to be considered, who plan your

African voyages at a time, when your reason is found, and your senses

are awake; who coolly and deliberately equip your vessels; and who spend

years, and even lives, in the traffick of _human liberty_.

But if the arguments of those, who _sell_ or _deliver_ men

into slavery, (as we have shewn before) and of those, who _receive_

or _purchase_ them, (as we have now shewn) are wholly false; it is

evident that this _commerce_, is not only beyond the possibility of

defence, but is justly to be accounted wicked, and justly impious, since

it is contrary to the principles of _law_ and _government_,

the dictates of _reason_, the common maxims of _equity_, the

laws of _nature_, the admonitions of _conscience_, and, in

short, the whole doctrine of _natural religion_.

* * * * *

FOOTNOTES

[Footnote 054: Justin, L. 2. C. 1.]

[Footnote 055: Cicero de Officiis. L. 1. C. 8.]

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An Essay on the Slavery and Commerce of the Human Species, Particularly the African Translated from a Latin Dissertation, Which Was Honoured with the First Prize in the University of Cambridge, for the Year 1785, with Additions · 第 2 / 4 章