Somerset and the Slave Trade
Lately a number of historians have
been arguing that the American Revolution was fought in order to preserve
slavery. According to this theory, slave holders in the American colonies became
worried about a growing anti-slavery movement in England, so they declared
independence in order to preserve their peculiar institution. This idea has been around for a couple
decades, but it gained some attention when it was put forward in the book Slave Nation by Alfred and Ruth
Blumrosen and by Simon Schama in Rough
Crossings, both published in
2006. Since then it’s been accepted
rather uncritically by any number of journals, web sites and lesser
publications.
It’s the kind of theory that catches on quickly. It seems to overturn the old notion that the
Revolution was fought over high ideals, while it reassures the modern audience
that they are more socially enlightened than earlier generations. However, the theory has a number of
flaws. It exaggerates the strength of
the English abolitionist movement; it ignores the emerging abolitionist
movement in the colonies, and it underestimates the importance of the slave
trade in the English economy. In
particular, it’s partly based on a misunderstanding of the Somerset case of
1772.
James Somerset was a slave held by an
British official named Charles Stewart who was living in Boston. When Stewart brought Somerset to England, Somerset
escaped. During this time he met some
prominent abolitionists, including the lawyer Granville Sharp. Eventually Stewart located Somerset and had
him seized and put on a ship bound for Jamaica, but Somerset’s new friends had
a writ of habeas corpus issued before
he could be sent back into slavery.
Granville Sharp was hoping to use this
case to overturn the York-Talbot decision from 1729 that said, in part, “a
slave by coming from the West Indies into Great Britain or Ireland, either with
or without his master, does not become free, and … the master may legally
compel him to return again to the plantations.”
However, with roughly 15,000 slaves in England at the time the judge,
Lord Mansfield, was reluctant to suddenly set them all free. Instead, he ruled that there was no legal
basis for holding Somerset prisoner on board the ship.
Many people misinterpreted the ruling
as having ended slavery in England, and there’s evidence of slaves in the
colonies trying to escape to England for this reason. In fact, it only meant that once in England
masters could not compel their slaves to return to the colonies against their
will—and even this may not have been enforced.
London newspapers continued to advertise the sale of slaves and post
rewards for the capture of runaways.
The British slave ship Brookes |
By the 18th century sugar,
cotton and other plantation crops had become a major part of England’s
economy. As a Parliamentary Act stated
in 1749, “the trade to and from Africa is very advantageous to Great Britain
and necessary for supplying the plantations and colonies thereunto belonging,
with a sufficient number of negroes at reasonable rates.” The abolitionist movement had been growing for
some time, but it was no match for powerful financial interests.
At the same time, abolitionism
was gaining strength in the colonies as well, and several attempts were made to
limit or abolish slavery. In 1767 the Massachusetts
legislature debated a bill to end slavery in the colony, but eventually it was rewritten
as a tax on the sale of importation of slaves.
Then in 1771 another bill was proposed to end the importation of slaves
entirely, and a similar bill was raised in the Virginia legislature the next
year. Finally in 1773 a group of slaves
petitioned the Massachusetts legislature to end the slave trade, release all
slaves in the commonwealth and give them land to build village of their own.
Unfortunately all four bills met
the same fate. They passed the
legislatures only to be rejected by the royal governors. There’s no evidence that Parliament took an
active part in vetoing these bills, but the Massachusetts Governor Hutchinson
sent a copy of the 1771 bill to England to get the king’s advice.
Neither Massachusetts nor
Virginia made any immediate effort to end slavery once they had their
independence. However, the southern
states thought the risk great enough that they inserted a clause into the
Constitution preventing the federal government from abolishing the slave trade
before the year 1808. This did not
prevent Congress from prohibiting U.S. ship from transporting slaves in 1794,
and as soon as 1808 came around Congress banned the importation of slaves.
This last act may have been moot
as England had already abolished the slave trade in 1807, and British ships
were actively enforcing this ban throughout the Atlantic. A bill to end the slave trade had failed in
Parliament in 1805, but the economic importance of slavery had waned as a
greater part of England’s wealth was coming from Asia. The relative influence of wealth and morality
could be seen a quarter century later in 1833 when slavery was abolished throughout
the English Empire 1833 except in areas
controlled by the East India Company.
Of course all this was more than
50 years in the future when the American colonies signed the Declaration of
Independence. At that time the slave
trade and colonial plantation wealth were the foundation of the English
economy. Some people may have
misinterpreted the Somerset decision as evidence that England was turning
against slavery, but no body selling his cotton in English ships would have
made that mistake. With abolitionist
sentiments coming out of the northern colonies and even Virginia, no southern
slave holder would have thought the best way to preserve slavery lay in
severing ties with England.