Archive for the ‘Barbados’ Category

Workfare and Anti-Slavery Legislation

August 23, 2015

Left-wing bloggers against workfare, like Johnny Void, have repeatedly pointed out that workfare constitutes a form of slavery. Under the government’s welfare to work reforms, benefit claimants can be forced to work for companies for no pay, if they wish to receive their benefits. This applies even if the claimant has been sanctioned, so that they receive no benefit payments whatsoever, and are forced to use their savings or go to a food bank. Even if this does not constitute slavery, it certainly constitutes forced labour, which is almost the same and just as offensive under international law.

Yesterday I put the oath medieval slaves took in seventh century France, when poverty forced them to give up their freedom and become a lord’s slave. I pointed out how close this was to current workfare and in particular the use of workfare labour when the claimant has been sanctioned.

Sasson commented on the piece that it was ironic that the Tories were boasting about the efforts they were making to combat modern slavery, while bringing it back with their wretched welfare reforms. That’s exactly right, and I doubt if the point’s been lost on other left-wing commenters and bloggers either.

Mike over at Benefitbloodbath and other bloggers have pointed out that slavery is illegal under article 4 of the UN code of Human Rights. It is also illegal under British national and imperial law.

Slavery was formally abolished in the British Empire with the passage of Edward Stanley’s slavery abolition bill at midnight on the 31st July 1833. It received royal assent nearly a month later on the 28th August. Under its provisions, all slaves were automatically freed from the 1st August of that year. Even before this government decided to ban slavery formally, it had legally ceased to exist in the British Empire under the terms of Act 3 & 4 Will. IV c.73.

It could be argued that rather than being the property of private individuals, like the slaves freed under the above Slavery Abolition Act, those placed on workfare are most similar to the slaves owned by the British crown. These were slaves owned by the British state, some of whom it appears were apprenticed or indentured to private masters. Crown slaves in the Bahamas, Barbados, Dominica, Grenada, Jamaica, Mauritius and Trinidad were given their freedom under the orders of British government c. 1831. See the House of Commons Papers 1831: Slave Emancipation: Crown Slaves.

Liberated Africans, which was the term used by the British government to describe the slaves liberated from slave ships captured by the Royal Navy, were also freed by the British government. They were placed under the custody of the Crown, and apprenticed to individual private masters, who were supposed to teach them how they could support themselves as self-reliant, independent citizens. When they were given their freedom, the British government order a general muster of the Black and coloured population in the West Indies. Those, who had served their apprenticeships were to be given a certificate declaring them to be free. Those still serving their apprenticeships were to have them cancelled. They were then allowed to remain in the colony with the same rights as the rest of the free Black population. See the government paper House of Commons Papers 1831: Africans Captured: Apprenticed Africans.

Slavery was also declared to be non-existent under British law over fifty years earlier, with the Mansfield judgement on the Somerset case in 1772. James Somerset was a slave belonging to James Steuart. Steuart wished to take him from Britain to America to sell him. Somerset refused to go, and ran away. He was aided by British abolitionist campaigners, who pleaded habeas corpus in his defence, so that he could remain in the country during the trial. Habeas Corpus is, of course, one of the provisions in that document, Magna Carta, which David Cameron confessed to not knowing what it was on Letterman. The case was brought by the British anti-slavery campaigner Thomas Clarkson, who used it as a test case to see if slavery existed under British law. Lord Mansfield, reviewing the law, declared that it didn’t.

This meant that slavery was unenforceable in Britain. The owners of slaves, who ran away, could not use the law to reclaim their property.

Mansfield also made some stinging criticisms of slavery itself. In his ruling, he declared

‘The state of slavery is of such a nature that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasions and time itself from whence it was created, is erased from the memory. It is so odious that nothing can be suffered to support it, but positive law.’

Which pretty much applies to workfare, as it has been introduced by law. It is so odious that, as Johnny Void has reported, the government has refused to disclose the identities of the companies, that have signed up for it for fear that public pressure will force the same companies to abandon it once their support is known. This is tacit admission that Mansfield is right, even today.

Furthermore, the enslaved themselves were aware of Mansfield’s judgement in America and the Caribbean, and made use of it to demand their freedom. In the early 19th century several slaves came forward to claim their freedom after returning to the Caribbean from England, or British territory, considering that they had effectively been given their freedom through residence there. They were Grace James, ‘Robert’, and ‘Rachael’ and ‘John Smith’. Grace James had been taken to England in 1822 by her mistress, Ann Allan. She returned to Antigua with her mistress the following year, 1823. Two years later she presented herself to the Collector of Customs, claiming that she had been illegally held in slavery and demanding her freedom under the terms of the 1824 Consolidation of Slavery Act. Robert had also been taken to England in 1815 by his master, William Burnthorne. They returned to Antigua in 1818. Like Grace James, Robert claimed his freedom through his residence in England, whose law did not recognise slavery.

Rachael and John Smith had come to Antigua from Barbados. They had gone with their master, Major Watts, to Gibraltar, a British territory, before returning to Barbados in 1819. Their claim to freedom is slightly different to the others, as they alleged that they had been given certificates of freedom in Gibraltar, but had given this to a resident of the island to register after they returned, when they were seized by Watts’ mother under power of attorney. The Antiguan solicitor-general, Musgrave, concurred with the slaves, declaring that they were now free and citing the precedents under English medieval law. See the government pamphlet Slaves in the Colonies: A Copy of Any Information.

It seems to me that these cases show how dubious workfare is legally, especially when it is applied to benefit claimants, who have been sanctioned. I think the Mansfield judgement, and the cases of Grace James, Robert, Rachael and John Smith could be cited to show that in such a case, even if workfare did not constitute slavery per se, it should be unenforceable.

John Locke and the Origins of British and American Democracy: A Reply to Ilion

July 10, 2013

Ilion, a long-term and respected commentator here, made the following comment on my post John Locke and the Origins of British and American Democracy:

“Black Britons, American and West Indians may well consider Locke’s comments on slavery profoundly wrong, considering their own peoples history of enslavement by Europeans.”

Only if they are either:
1) ignorant (which is curable);
2) stupid (which is not curable);
3) intellectually dishonest.

Locke: “‘Slavery is so vile and miserable an estate of man, and so directly opposite to the generous temper and courage of our nation, that it is hardly to be conceived that an “English,” much less a “gentleman”, should plead for it.’”

In other words: “How can a man call himself an Englishman, much less a gentleman, if he would argue *for* slavery?“

It’s a good point, and it raises a number of issues, which need to be examined.

Slavery Not Recognised in English Law by 17th century

Firstly, at the time Locke was writing slavery in England had long died out, and villeinage – serfdom – had more or less withered away. The last serf died in the middle of the seventeenth century, as I recall, and Cromwell’s government abolished the last legal remains of feudalism in England. This was important for the abolitionist cause when it arose in the eighteenth century. Abolitionist campaigners like Thomas Clarkeson brought a series of cases before the courts of Black slaves, who had been taken to England. Like the Dred Scott case in America leading up to the Civil War, Clarkeson and the other Abolitionists argued that as slavery did not exist under English law, these slaves were therefore free. They won there case, and during the 19th century a number of slaves came before the British authorities in the West Indies claiming their freedom, because their masters had taken them to England. They also believed that they were free by setting foot in a country that did not recognise the existence of slavery.

Slavery and Indentured Emigration to British Colonies in America and Caribbean

As slavery did not exist in English society, when slave traders turned up in Jamestown in 1621 to try to sell a consignment of Black slaves, the colonists initially did not what to do with them. Emigration to the British colonies in America and the Caribbean was largely through indentured servants, and slavery was not initially needed. Indeed, Hakluyt records in his Voyages and Discoveries the statement by one British sea captain to the African people he encountered that Englishmen did not enslave people, ‘nor any that had our shape’. Unfortunately, this attitude of some mariners did not prevent many others, such as the Elizabethan privateer, John Hawkins, from raiding Africa for slaves, which he attempted to sell to the Spanish in their colonies. By the end of the seventeenth century the British colonists in Barbados attempted to discourage further immigration by indentured servants, as all the available land was now occupied. They thus turned to importing Black slaves to supply the labour they needed on the plantations. These were for sugar in the Caribbean. In the British colonies in southern New England, by the early eighteenth century they were importing African slaves to work on the tobacco plantations.

Locke’s Hierarchical, Feudalistic View of Society

Now Locke, while the founder of modern theories of liberal representative government, wasn’t a democrat in the modern sense. He believed in a restricted franchise, which reserved the right to vote to the wealthy and a parliamentary upper house of landed aristocrats. His proposed constitution for Carolina was quite feudal, in that envisaged a social hierarchy of estates of increasing size, in ‘baronies’ and so on. Now I’ll have to check on this, but I’m not sure that Locke raised any objections to slavery in the New World. In any case, it continued regardless of his comments on how it was antipathetic to the English.

Frederick Douglas and the Irrelevance of the 4th July to Black American Slaves

One of the great abolitionist speeches in 19th century was Frederick Douglas’ ‘What to the Slave is the Fourth of July?’ Douglas’ point is that the rhetoric of free, White Americans celebrating their liberation from British slavery and tyranny, rang hollow and meant nothing to Blacks, who were still very much in bondage. It occurred to me while I was writing my post on Locke that some people could say the same thing about this great master of British constitutional theory.

17th Century Slaves Treated More Equally than Later On
Now there’s some evidence to suggest that as, as horrific as slavery is, in the 17th century it wasn’t quite as degrading and horrific as it later became. A few years ago I came across a paper on the material culture of slave and free burials in early colonial America in the collection of archaeological papers in Historical Archaeology, edited by Dan Hicks. This found that there was no difference in material culture, and the reverence with which the deceased were buried, between White American colonists and their Black slaves. Both were interred with the same amount of respect, suggesting that in life there was, at least in their case, a degree of equality between masters and slaves. It is a deep shame and pity that this did not continue, and lead to the decline of slavery in America as well as England.

Locke Still Founder of British Constitutional Liberty

As for Locke, his hierarchical views on the structure of society were very much standard for his time. Nevertheless, he laid the foundations for modern representative government and democracy, as opposed to centralised, monarchical absolutism.