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Abolitionism

Movement to end slavery

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Photograph of a slave boy in Zanzibar . National Maritime Museum , in Greenwich , London , England , from the Michael Graham-Stewart collection . Français : Garçon esclave à Zanzibar. Inscription sur
Unknown photographer · Public domain

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Through Slavery, Indigenous peoples and Japan

The first country to fully outlaw slavery was France in 1315, though it was later used in its colonies. The first country to abolish and punish slavery for indigenous people was Spain with the New Laws in 1542.

Under the actions of Toyotomi Hideyoshi, chattel slavery was abolished across Japan since 1590, though other forms of forced labor were used during World War II. The first and only country to self-liberate from slavery was a former French colony, Haiti, as a result of the Revolution of 1791–1804. The British abolitionist movement began in the late 18th century, and the 1772 Somersett case established that slavery did not exist in English law. In 1807, the slave trade was made illegal throughout the British Empire, though existing slaves in British colonies were not liberated until the Slavery Abolition Act 1833. In the United States, Pennsylvania and Vermont were the first states to abolish slavery, Vermont in 1777 and Pennsylvania in 1780 (Vermont did not join the Union until 1791). By 1804, the rest of the northern states had abolished slavery, but it remained legal in southern states. By 1808, the United States outlawed the importation of slaves and in 1865 outlawed slavery except as a punishment.

In Eastern Europe, groups organized to abolish the enslavement of the Roma in Wallachia and Moldavia between 1843 and 1855, and to emancipate the serfs in Russia in 1861. The United States would pass the 13th Amendment in December 1865 after having just fought a bloody Civil War, ending slavery "except as a punishment for crime". In 1888, Brazil became the last country in the Americas to outlaw slavery. As the Empire of Japan annexed Asian countries, from the late 19th century onwards, archaic institutions including slavery were abolished in those countries.

During the 20th century, the League of Nations founded a number of commissions, Temporary Slavery Commission (1924–1926), Committee of Experts on Slavery (1932) and the Advisory Committee of Experts on Slavery (1934–1939), which conducted international investigations of the institution of slavery and created international treaties, such as the 1926 Slavery Convention, to eradicate the institution worldwide.

In 1948, slavery was declared illegal in the United Nations' Universal Declaration of Human Rights. By this time, the Arab world was the only region in the world where institutional chattel slavery was still legal. Slavery in Saudi Arabia, slavery in Yemen and slavery in Dubai were abolished in 1962–1963, with slavery in Oman following in 1970.

Mauritania is the latest country to officially abolish slavery, with a presidential decree in 1981. Today, child and adult slavery and forced labor are illegal in almost all countries, as well as being against international law, but human trafficking for labor and for sexual slavery continues to affect tens of millions of adults and children.

Europe

France

Early abolition in metropolitan France

Balthild of Chelles, herself a former slave, queen consort of Neustria and Burgundy by marriage to Clovis II, became regent in 657 since the king, her son Chlothar III, was only five years old. At some unknown date during her rule, she abolished the trade of slaves, although not slavery. Moreover, her (and contemporaneous Saint Eligius') favorite charity was to buy and free slaves, especially children. Slavery started to dwindle and would be superseded by serfdom.

In 1315, Louis X, king of France, published a decree proclaiming that "France signifies freedom" and that any slave setting foot on French soil should be freed. This prompted subsequent governments to circumscribe slavery in the overseas colonies.

Some cases of African slaves freed by setting foot on French soil were recorded such as the example of a Norman slave merchant who tried to sell slaves in Bordeaux in 1571. He was arrested and his slaves were freed according to a declaration of the Parlement of Guyenne which stated that slavery was intolerable in France, although it is a misconception that there were 'no slaves in France'; thousands of African slaves were present in France during the 18th century. Born into slavery in Saint Domingue, Thomas-Alexandre Dumas became free when his father brought him to France in 1776.

Code Noir and Age of Enlightenment

As in other New World colonies, the French relied on the Atlantic slave trade for labor for their sugar cane plantations in their Caribbean colonies; the French West Indies. In addition, French colonists in Louisiane in North America held slaves, particularly in the South around New Orleans, where they established sugarcane plantations.

Louis XIV's Code Noir regulated the slave trade and institution in the colonies. It gave unparalleled rights to slaves. It included the right to marry, gather publicly or take Sundays off. Although the Code Noir authorized and codified cruel corporal punishment against slaves under certain conditions, it forbade slave owners to torture them or to separate families. It also demanded enslaved Africans receive instruction in the Catholic faith, implying that Africans were human beings endowed with a soul, a fact French law did not admit until then. It resulted in a far higher percentage of Black people being free in 1830 (13.2% in Louisiana compared to 0.8% in Mississippi). They were on average exceptionally literate, with a significant number of them owning businesses, properties, and even slaves. Other free people of colour, such as Julien Raimond, spoke out against slavery.

During the Age of Enlightenment, many philosophers wrote pamphlets against slavery and its moral and economical justifications, including Montesquieu in The Spirit of the Laws (1748) and Denis Diderot in the Encyclopédie. In 1788, Jacques Pierre Brissot founded the Society of the Friends of the Blacks (Société des Amis des Noirs) to work for the abolition of slavery. After the Revolution, on 4 April 1792, France granted free people of colour full citizenship.

The slave revolt, in the largest Caribbean French colony of Saint-Domingue in 1791, was the beginning of what became the Haitian Revolution led by formerly enslaved people like Georges Biassou, Toussaint L'Ouverture, and Jean-Jacques Dessalines. The rebellion swept through the north of the colony, and with it came freedom to thousands of enslaved blacks, but also violence and death. In 1793, French Civil Commissioners in St. Domingue and abolitionists, Léger-Félicité Sonthonax and Étienne Polverel, issued the first emancipation proclamation of the modern world (Decree of 16 Pluviôse An II). The Convention sent them to safeguard the allegiance of the population to revolutionary France. The proclamation resulted in crucial military strategy as it gradually brought most of the black troops into the French fold and kept the colony under the French flag for most of the conflict. The connection with France lasted until blacks and free people of colour formed L'armée indigène in 1802 to resist Napoleon's Expédition de Saint-Domingue. Victory over the French in the decisive Battle of Vertières finally led to independence and the creation of present Haiti in 1804.

First general abolition of slavery (1794)

The convention, the first elected Assembly of the First Republic (1792–1804), on 4 February 1794, under the leadership of Maximilien Robespierre, abolished slavery in law in France and its colonies. Abbé Grégoire and the Society of the Friends of the Blacks were part of the abolitionist movement, which had laid important groundwork in building anti-slavery sentiment in the metropole. The first article of the law stated that "Slavery was abolished" in the French colonies, while the second article stated that "slave-owners would be indemnified" with financial compensation for the value of their slaves. The French constitution passed in 1795 included in the declaration of the Rights of Man that slavery was abolished.

Re-establishment of slavery in the colonies (1802)

During the French Revolutionary Wars, French slave-owners joined the counter-revolution en masse and, through the Whitehall Accord, they threatened to move the French Caribbean colonies to British control, as Great Britain still allowed slavery. Fearing secession from these islands, successfully lobbied by planters and concerned about revenues from the West Indies, and influenced by the slaveholder family of his wife, Napoleon Bonaparte decided to re-establish slavery after becoming First Consul. He promulgated the law of 20 May 1802 and sent military governors and troops to the colonies to impose it.

On 10 May 1802, Colonel Delgrès launched a rebellion in Guadeloupe against Napoleon's representative, General Richepanse. The rebellion was repressed, and slavery was re-established.

Abolition of slavery in Haiti (1804)

The news of the Law of 4 February 1794 that abolished slavery in France and its colonies and the revolution led by Colonel Delgrès sparked another wave of rebellion in Saint-Domingue. From 1802 Napoleon sent more than 20,000 troops to the island, two-thirds died, mostly from yellow fever.

Seeing the failure of the Saint-Domingue expedition, in 1803 Napoleon decided to sell the Louisiana Territory to the United States.

The French governments initially refused to recognize Haïti. It forced the nation to pay a substantial amount of reparations (which it could ill afford) for losses during the revolution and did not recognize its government until 1825.

France was a signatory to the first multilateral treaty for the suppression of the slave trade, the Treaty for the Suppression of the African Slave Trade (1841), but the king, Louis Philippe I, declined to ratify it.

Second abolition (1848)

On 27 April 1848, under the Second Republic (1848–1852), the decree-law written by Victor Schœlcher abolished slavery in the remaining colonies. The state bought the slaves from the colons (white colonists; Békés in Creole), and then freed them.

Final abolition (1903) and subsequent events

At about the same time, France started colonizing Africa and had gained possession of much of West Africa by 1900. In 1905, the French abolished slavery in most of French West Africa. The French also attempted to abolish Tuareg slavery following the Kaocen Revolt. In the region of the Sahel, slavery has long persisted.

The abolition wasn't strictly put in place. Several french territories kept practising slavery until 1904 as was the case in Senegal or 1894 in Soudan. The abolition was not strictly enforced.

Passed on 10 May 2001, the Taubira law officially acknowledges slavery and the Atlantic slave trade as a crime against humanity. 10 May was chosen as the day dedicated to recognition of the crime of slavery.

Great Britain

Overview

James Oglethorpe was among the first to articulate the Enlightenment case against slavery, banning it in the Province of Georgia on humanitarian grounds, and arguing against it in Parliament. Soon after Oglethorpe's death in 1785, Sharp and More united with William Wilberforce and others in forming the Clapham Sect.

The Somersett case in 1772, in which a fugitive slave was freed with the judgement that slavery did not exist under English common law, helped launch the British movement to abolish slavery. Though anti-slavery sentiments were widespread by the late 18th century, many colonies and emerging nations continued to use slave labor: Dutch, French, British, Spanish, and Portuguese territories in the West Indies, South America, and the Southern United States. After the American Revolution established the United States, many Loyalists who fled the Northern United States immigrated to the British province of Quebec, bringing an English majority population as well as many slaves, leading the province to ban the institution in 1793 (see Slavery in Canada). In 1787, the Society for Effecting the Abolition of the Slave Trade was formed in London.

Development

The last known form of enforced servitude of adults (villeinage) had disappeared in England by the beginning of the 17th century. In 1569 a court considered the case of Cartwright, who had bought a slave from Russia. The court ruled English law could not recognize slavery, as it was never established officially. This ruling was overshadowed by later developments; it was upheld in 1700 by the Lord Chief Justice John Holt when he ruled that a slave became free as soon as he arrived in England. During the English Civil Wars of the mid-seventeenth century, sectarian radicals challenged slavery and other threats to personal freedom. Their ideas influenced many antislavery thinkers in the eighteenth century.

In addition to English colonists importing slaves to the North American colonies, by the 18th century, traders began to import slaves from Africa, India and East Asia (where they were trading) to London and Edinburgh to work as personal servants. Men who migrated to the North American colonies often took their East Indian slaves or servants with them, as East Indians have been documented in colonial records.

Some of the first freedom suits, court cases in the British Isles to challenge the legality of slavery, took place in Scotland in 1755 and 1769. The cases were Montgomery v. Sheddan (1755) and Spens v. Dalrymple (1769). Each of the slaves had been baptized in Scotland and challenged the legality of slavery. They set the precedent of legal procedure in British courts that would later lead to successful outcomes for the plaintiffs. In these cases, deaths of the plaintiff and defendant, respectively, brought an end before court decisions.

African slaves were not bought or sold in London but were brought by masters from other areas. Together with people from other nations, especially non-Christian, Africans were considered foreigners, not able to be English subjects. At the time, England had no naturalization procedure. The African slaves' legal status was unclear until 1772 and Somersett's Case, when the fugitive slave James Somersett forced a decision by the courts. Somersett had escaped, and his master, Charles Steuart, had him captured and imprisoned on board a ship, intending to ship him to Jamaica to be resold into slavery. While in London, Somersett had been baptized; three godparents issued a writ of habeas corpus. As a result, Lord Mansfield, Chief Justice of the Court of the King's Bench, had to judge whether Somersett's abduction was lawful or not under English common law. No legislation had ever been passed to establish slavery in England. The case received national attention, and five advocates supported the action on behalf of Somersett.

In his judgment of 22 June 1772, Mansfield 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 memory. It is so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from a decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged.

Although the exact legal implications of the judgement are unclear when analysed by lawyers, the judgement was generally taken at the time to have determined that slavery did not exist under English common law and was thus prohibited in England. The decision did not apply to the British overseas territories; by then, for example, the American colonies had established slavery by positive laws. Somersett's case became a significant part of the common law of slavery in the English-speaking world and it helped launch the movement to abolish slavery.

After reading about Somersett's Case, Joseph Knight, an enslaved African who had been purchased by his master John Wedderburn in Jamaica and brought to Scotland, left him. Married and with a child, he filed a freedom suit, on the grounds that he could not be held as a slave in Great Britain. In the case of Knight v. Wedderburn (1778), Wedderburn said that Knight owed him "perpetual servitude". The Court of Session of Scotland ruled against him, saying that chattel slavery was not recognized under the law of Scotland, and slaves could seek court protection to leave a master or avoid being forcibly removed from Scotland to be returned to slavery in the colonies.

But at the same time, legally mandated, hereditary slavery of Scots persons in Scotland had existed from 1606 and continued until 1799, when colliers and salters were emancipated by an act of the Parliament of Great Britain (39 Geo. 3 c. 56). Skilled workers, they were restricted to a place and could be sold with the works. A prior law enacted in 1775 (15 Geo. 3 c. 28) was intended to end what the act referred to as "a state of slavery and bondage", but that was ineffective, necessitating the 1799 act.

In the 1776 book The Wealth of Nations, Adam Smith argued for the abolition of slavery on economic grounds. Smith pointed out that slavery incurred security, housing, and food costs that the use of free labor would not, and opined that free workers would be more productive because they would have personal economic incentives to work harder. The death rate (and thus repurchase cost) of slaves was also high, and people are less productive when not allowed to choose the type of work they prefer, are illiterate, and are forced to live and work in miserable and unhealthy conditions. The free labor markets and international free trade that Smith preferred would also result in different prices and allocations that Smith believed would be more efficient and productive for consumers.

British Empire

Prior to the American Revolution, there were few significant initiatives in the American colonies that led to the abolitionist movement. Some Quakers were active. Benjamin Kent was the lawyer who took on most of the cases of slaves suing their masters for personal illegal enslavement. He was the first lawyer to successfully establish a slave's freedom. In addition, Brigadier General Samuel Birch created the Book of Negroes, to establish which slaves were free after the war.

In 1783, an anti-slavery movement began among the British public to end slavery throughout the British Empire.

After the formation of the Committee for the Abolition of the Slave Trade in 1787, William Wilberforce led the cause of abolition through the parliamentary campaign. Thomas Clarkson became the group's most prominent researcher, gathering vast amounts of data on the trade. One aspect of abolitionism during this period was the effective use of images such as the famous Josiah Wedgwood "Am I Not A Man and a Brother?" anti-slavery medallion of 1787. Clarkson described the medallion as "promoting the cause of justice, humanity and freedom". The 1792 Slave Trade Bill passed the House of Commons mangled and mutilated by the modifications and amendments of Pitt, it lay for years, in the House of Lords. Biographer William Hague considers the unfinished abolition of the slave trade to be Pitt's greatest failure. The Slave Trade Act 1807 was passed by the British Parliament on 25 March 1807, making the slave trade illegal throughout the British Empire. Britain used its influence to coerce other countries to agree to treaties to end their slave trade and allow the Royal Navy to seize their slave ships. Britain enforced the abolition of the trade because the act made trading slaves within British territories illegal. However, the act repealed the Amelioration Act 1798 which attempted to improve conditions for slaves. The end of the slave trade did not end slavery as a whole. Slavery was still a common practice.

In the 1820s, the abolitionist movement revived to campaign against the institution of slavery itself. In 1823 the first Anti-Slavery Society, the Society for the Mitigation and Gradual Abolition of Slavery Throughout the British Dominions, was founded. Many of its members had previously campaigned against the slave trade. On 28 August 1833, the Slavery Abolition Act 1833 was passed. It purchased the slaves from their masters and paved the way for the abolition of slavery throughout the British Empire by 1838, after which the first Anti-Slavery Society was wound up.

In 1839, the British and Foreign Anti-Slavery Society was formed by Joseph Sturge, which attempted to outlaw slavery worldwide and also to pressure the government to help enforce the suppression of the slave trade by declaring slave traders to be pirates. The world's oldest international human rights organization, it continues today as Anti-Slavery International. Thomas Clarkson was the key speaker at the World Anti-Slavery Convention it held in London in 1840.

Moldavia and Wallachia

In the principalities of Wallachia and Moldavia, the government held slavery of the Roma (often referred to as Gypsies) as legal at the beginning of the 19th century. The progressive pro-European and anti-Ottoman movement, which gradually gained power in the two principalities, also worked to abolish that slavery. Between 1843 and 1855, the principalities emancipated all of the 250,000 enslaved Roma people.

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