THE BALANTA STRUGGLE FOR JUSTICE AND EQUALITY: BRIEF SKETCHES OF ONE STRONG FAMILY'S ROLE IN AMERICAN HISTORY

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“It is only the Balantas who can be cited as lacking the institution of kingship. At any rate there seemed to have been little or no differentiation within Balanta society on the basis of who held property, authority and coercive power. . . in the case of the Balantas, the family is the sole effective social and political unit. . . The distribution of goods, to take a very important facet of social activity, was extremely well organized on an inter-tribal basis in the Geba-Casamance area, and one of the groups primarily concerned in this were the Balantas . . . . In the sixteenth and seventeenth centuries, the Portuguese realized that the Balantas were the chief agriculturalists and the suppliers of food to the neighboring peoples. . . .The Balantas did not allow foreigners in their midst, but they were always present in the numerous markets held in the territory of their neighbors.”

Walter Rodney, A History of The Upper Guinea Coast 1545 to 1800

B’RASSA NCHABRA ARRIVES IN AMERICA

Sometime around 1758, B’rassa Nchabra was born in Nhacra on the Atlantic coast of modern day Guinea Bissau in West Africa. Just prior to the American Revolution, B’rassa Nchabra was captured and brought to Charleston, South Carolina as part of the illegal English slave trading in the area. According to the Negro Law of South Carolina (1740), Section I declared “all Negroes and Indians (Free Indians in amity with this Government, Negroes, mulattoes and mestizos, who are now free excepted) to be slaves.“ However, Section 4 stated that “The term Negro is confined to slave Africans (The ancient Berbers) and their descendants. It does not embrace the free inhabitants of Africa, such as the Egyptians, Moors, or the Negro Asiatics, such as Lascars.” Thus, by this statute, B’rassa Nchabra, who was a free inhabitant at the time of his capture and came from a family lineage and people that had never been enslaved and were not subjects of any political authority, was wrongfully enslaved in Charleston through illegal English maritime activity. Being so young and unable to speak English, he could not make a case in defense of his freedom.

B’rassa Nchabra was forced to accept the name “George” - named after the infamous slave owner and traitorous leader of the Sons of Liberty terrorist group, George Washington. Eventually, George and his son Jack were purchased and brought to Wake County, North Carolina by Dempsey Blake, the great, great grandson of the pirate Robert Blake. Robert Blake was himself a rebellious traitor, fighting against his King during an English civil war and defeating Royal General Prince Rupert in 1650. For this, Robert Blake was given legal sanction for his mercenary actions by being designated Commander-in-Chief of the English Fleet. He stole $14 million worth of goods from the Spanish fleet and used this money to send his sons to America and establish lucrative plantations. His descendants would become some of the largest slave owners in America.

And thus started the history of a Balanta family in America.

Shortly after B’rassa Nchabra’s arrival in America, Prince Hall and seventy three other African-American delegates presented an emigration plea to the Massachusetts Senate in January, 1773. The plea stated,

“That your Petitioners apprehend that they have, in common with all other Men, a natural & inalienable right to that freedom, which the great Parent of the Universe hath bestowed equally on all Mankind, & which they have never forfeited by any compact or agreement whatever—But they were unjustly dragged, by the cruel hand of Power, from their dearest friends, & some of them even torn from the Embraces of their tender Parents—From a populous, pleasant, & plentiful Country—& in Violation of the Laws of Nature & of Nations & in defiance of all the tender feelings of humanity, brought hither to be sold like Beasts of Burden, & like them condemned to slavery for Life—Among a People professing the mild religion of Jesus . . .“

Expressing the sentiment of B’rassa Nchabra and the slaves in North Carolina, a slave in Guilford County created the song “Deep River”, stating the desire to “cross over” to Africa, the home of camp meetings:

Deep River, my home is over Jordan, Deep River,

Lord, I want to cross over into camp ground;

Lord, I want to cross over into camp ground;

Lord, I want to cross over into camp ground;

Lord, I want to cross over into camp ground;

In 1787, Richard Allen and Absalom Jones formed the Free African Society (FAS) and in 1791 formed the Mother Bethel African Methodist Church. By January, 1792 1,130 slaves who sympathized with the British during the American Revolution, led by Thomas Peters and David George departed from Canada to Sierra Leone. They were followed by nearly 500 maroons from Jamaica in 1800.

From 1792 to 1861 the slaves struggle for liberation, freedom, justice and equality debated all the questions of insurrection, emigration, repatriation, integration and nationalism. None of the free people of color could agree what to do.

In 1819, Brassa Nchabra’s son Jack had a son called Yancey. That same year, Dempsey Blake willed to his son Asa Blake both Jack and Yancey. In 1850, Asa Blake willed both Jack and Yancey to his wife Siddy. Finally, in 1853, in his sixties, Jack was emancipated. However, he was still a prisoner of war in the land of his captivity. That same year, the National Convention of the Free People of Color was held in Rochester, New York. There was no delegate from North Carolina to represent Jack and Yancey Blake. However, the convention stated,

“After due thought and reflection upon the subject in which has entered profound desire to serve a common cause, we have arrived at the conclusion that the time has now fully come when the free colored people from all parts of the United States, should meet together, to confer and deliberate upon their present condition, and upon principles and measures important to their welfare, progress and general improvement.”

B’rassa Nchabra family oral history given by Eustace Blake on August 9, 1974, states

"Our forefathers were George, Jack, Yancey. Yancey Blake married Melissa Page. Yancey begat nine children by Melissa. Two boys and seven girls. Boys: Yancey Jr and John Addison. During the civil war a group of Federal Soldiers came pass the house of my grandfather (Yancey Blake), Yancey Blake Jr. joined them and was never heard from anymore.”

Indeed, Yancey Jr. was born in 1847. The U.S., Colored Troops Military Service Records show him as "Henderson Blake", age 18, enlisted from 1863-1865. Yancey Jr., although free, enlisted in the army in order to fight for freedom for all slaves during the American Civil War.

In 1865, almost 150 delegates attended The Convention of the Colored People of North Carolina held at the Loyal AME Church in Raleigh, North Carolina. The President of the convention stated,

“There had never been before and there would probably never be again so important an assemblage of the colored people of North Carolina as the present in its influence upon the destinies of this people for all time to come. They had assembled from the hill-side, the mountains, and the valleys, to consult together upon the best interests of the colored people, and their watchwords, “Equal Rights before the Law.”

Writing to the Convention, William Coleman stated,

“In the first place, you should be allowed to vote as a matter of right.

There was only one State refused you this right in its organic law at the adoption of the Federal Constitution. Congress has recognized it over and over again, and many of you recollect when free persons of color voted in North Carolina . The great and good men who founded the Government felt it no degradation that the ballot-box was open to free persons of color, nor did Gen. Jackson so regard it when he called them "fellow-citizens" in his Louisiana campaign. But, further, it can easily be shown by the severest logic, that if you are not to be allowed equality before the law, then the principles laid down in the Declaration of Independence, upon which our Government is based, are words "full of sound and fury," signifying nothing."

You are four millions of people, the bone and sinew of the Southern States. If they are ever to recuperate and regain the important position they once held in the commercial world, it will be due to your energy and industry. Bat you may well ask how this is to be expected, if yea are denied the rights of freemen, if you are still to remain a proscribed and degraded race? If you are to have no other motive to incite you than a bare struggle for physical existence, if you are to feel no weight of responsibility, to be moved by no feelings of honor and patriotism, are to entertain no hopes for the elevation and advancement of your children to a higher standpoint than you now occupy, then indeed I do not see with what heart you can go to work at rebuilding the future of these shattered States.

But then, you will pay a tax to the support of the Government. Your brethren in Louisiana have been paying one for a number of years on property at the assessed value of fifteen millions of dollars. Is the colored man to have no voice in the appropriation of his money? And this, too, in a Government claiming to be Republican, and founded, after a seven years' war, upon the principle of taxation and representation!

Nothing could be more preposterous, unless it be to refuse men the right of suffrage who bare undergone all manner of hardships and dangers far rise sake of the Government; who have volunteered in the ranks of its armies, and risked their lives upon the battle-field to maintain its integrity. There is something more than a jingle of words in the copulation of "ballot and bullet."

But there is even a more terrible calamity that you may be doomed to bear than the denial of suffrage. I mean the denial of justice in our courts of law. If you are not to be admitted to the witness stand, how are you to prove your contracts? You will be at the mercy of every scoundrel who has a white skin, and is disposed to swindle you. Of course, you can have no protection for your property. How about yer persons? You may be set upon, beaten into a jelly, and outright, and although fifty respectable colored sons might have seen it, you will be without .What is to protect your wives and daughters from, the brutal last of those who would select a time when no white witnesses were present to effect their devilish designs? Formerly, your masters protected you as property; now, you must protect Yourselves as persons; and, unfortunately, the prejudice is too strong against you (I fear) to expect justice from the State. And there are other feelings, by no means so excusable as prejudice, and a policy by no means national, which will operate to keep you down. Your only hope is an appeal to Congress.”

A year later, The Freedman’s Convention was held in Raleigh, North Carolina, from October 2nd to the 5th. There were 115 delegates from sixty counties. The representatives for Wake Country were J. H. Harris, Charles Ray, Wm. Laws, S. Ellerson, H. Locket, J. R, Caswell. Moses Patterson and Wm. High, honorary members. During the Convention, although many government officials of the state of North Carolina addressed the Convention, the convention was not informed of their legal status in international law. Specifically, they were not informed that the 14th amendment was not a grant of citizenship but merely an offer of citizenship that required an acceptance of rejection. The convention was not informed of the principle of jus soli, that America had the obligation to offer citizenship to the African born on American soil but that it could not impose this citizenship. Furthermore, the the United States government, under obligation to make the offer, also had the power to create the mechanism – a plebiscite-- whereby the African could make an informed decision, an informed acceptance or rejection of the offer of American citizenship. Indeed, Section Five of the Fourteenth Amendment makes clear that Congress could pass whatever law was necessary to make real the offer of Section One. (Section Five says, 'The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.)

The first 'appropriate legislation' required at that moment -- and still required - was that which would make possible for the now free African an informed free choice, an informed acceptance or rejection of the citizenship offer.

According to to Imari Abubakari Obadele (founder of the Republic of New Africa):

“Let us recall that, following the Thirteenth Amendment, four natural options were the basic right of the African. First, he did, of course, have a right, if he wished it, to be an American citizen. Second, he had a right to return to Africa or (third) go to another country -- if he could arrange his acceptance. Finally, he had a right (based on a claim to land superior to the European's, sub- ordinate to the Indian's) to set up an independent nation of his own.

Towering above all other juridical requirements that faced the African in America and the American following the Thirteenth Amendment was the requirement to make real the opportunity for choice, for self-determination. How was such an opportunity to evolve? Obviously, the African was entitled to full and accurate information as to his status and the principles of international law appropriate to his situation. This was all the more important because the African had been victim of a long-term intense slavery policy aimed at assuring his illiteracy, dehumanizing him as a group and depersonalizing him as an individual.

The education offered him after the Thirteenth Amendment confirmed the policy of dehumanization. It was continued in American institutions . . . for 100 years, through 1965. Now, again following the Thirteenth Amendment, the education of the African in America seeks to base African self-esteem on how well the African assimilates white American folk-ways and values Worse, the advice given the African concerning his rights under international law suggested that there was no option open to him other than American citizenship. For the most part, he was co-opted into spending his political energies in organizing and participating in constitutional conventions and then voting for legislatures which subsequently approved the Fourteenth Amendment. In such circumstances, the presentation of the Fourteenth Amendment to state legislatures for whose members the African had voted, and the Amendment's subsequent approval by these legislatures, could in no sense be considered a plebiscite.

The fundamental requirements were lacking: first, adequate and accurate information for the advice given the freedman was so bad it amounted to fraud, a second stealing of our birthright; second, a chance to choose among the four options: (1) US citizenship, (2) return to Africa, (3) emigration to another country and (4) the creation of a new African nation on American soil.”

Thus, the resolutions of the Freedman’s Convention and all the similar conventions held throughout the United States were all UNIFORMED resolutions, and therefore did not meet the standard of the plebiscite for self-determination. Neither Jack or Yancey made a free and informed acceptance or rejection of the offer of citizenship and thus their legal status in the United States of America became “colonized Balanta people through forced integration.”

B’RASSA NCHABRA’S GRANDSON RETURNS TO HIS BALANTA ROOTS AS A FARMER AND BUSINESSMAN IN NORTH CAROLINA

Like his ancestors in Nhacra, Yancey would return to the vocation of farming and business. By the time of the 1870 Census, Yancey Blake was listed as farmer and the city directory showed that Yancey owned 12 acres of land. He was one of only two Negroes listed in the business directory.

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According to the History of the African Methodist Episcopal Church,

“Going no further back than 1815-29 . . . .We have nothing but the gentle rumbling sounds of moreal suasion against slavery. But these sounds became more and more violent from 1852 by the resolutions of the Democratic and Whig Conventions, held in the city of Baltimore, Md., when the struggles between slavery and liberty assumed a political form.”

It was during this period, in 1858, that Yancey’s son John Addison and daughter Sallie were born in House Creek, Wake County, North Carolina. Continuing with the History of the African Methodist Episcopal Church,

“On October 17, 1859, the military raid of John Brown at Harper’s Ferry was a prophetic blast of the trumpet of eternal and impartial justice, heralding the truth and the fact that just as slavery was beaten in Kansas, and driven out by ‘the sword of the Lord, and of Gideon,’ so slavery itself, enthroned on Southern soil, would be driven out of the Great Republic by the same sword of the Lord, and of Gideon. In the eye of the Christian philosopher, the former (the convention) was prophetic of the approaching civil war in favor of the perpetuity of slavery; the latter (the raid) prophetic of its complete overthrow and its utter extinction. So, then, these two events, which quickly followed each other, were the rumbling sounds of that political earthquake which shook the nation from center to circumference, and swallowed down the strongholds of the greatest despotism and absolutism that ever cursed a people and aroused the just indignation of heaven. . . .

Since the celebration of the senior centenary of the A.M.E. Church in 1866, and within the two decades found between 1863 and 1887, she has more than trebled herself. According to the official documents, the minutes of all the Annual Conventions, she then enrolled fifty thousand members. At the General Conference of 1884 she enrolled two hundred and forty-five thousand five hundred and ninety-seven. . . . Therefore it may be deemed safe to say that at the present (1887) we enrolled about three hundred thousand members, more or less. . . . It is positively affirmed by many, . . . that we now have five hundred thousand . . . .”

During the growth period, the A.M.E. Church produced the majority of the leaders of the free African people, including

Denmark Vesey (1767 - 1822) - “We are free, but the white people here won't let us be so; and the only way is to raise up and fight the whites.”

Daniel Coker (1780–1846) - “I can say, that my soul cleaves to Africa . . . I expect to give my life to bleeding, groaning, dark, benighted Africa. . . . I should rejoice to see you in this land; it is a good land; it is a rich land, and I do believe it will be a great nation, and a powerful and worthy nation. . . .If you ask my opinion as to coming, I say, let all that can, sell out and come; come, and bring ventures, to trade, etc., and you may do much better than you can possibly do in America, and not work half so hard. I wish that thousands were here. . . “

David Walker (1796 - 1830) - "If I remain in this bloody land. . . I will not live long...I cannot remain where I must hear slaves' chains continually and where I must encounter the insults of their hypocritical enslavers. . . . Fear not the number and education of our enemies, against whom we shall have to contend for our lawful right; guaranteed to us by our Maker; for why should we be afraid, when God is, and will continue, (if we continue humble) to be on our side? The man who would not fight under our Lord and Master Jesus Christ, in the glorious and heavenly cause of freedom and of God--to be delivered from the most wretched, abject and servile slavery, that ever a people was afflicted with since the foundation of the world, to the present day--ought to be kept with all of his children or family, in slavery, or in chains, to be butchered by his cruel enemies.

Martin Delany (1812 - 1885) - “Submission does not gain for us an increase of friends nor respectability, as the white race will only respect those who oppose their usurpation, and acknowledge as equals those who will not submit to their rule. . . . We must make an issue, create an event and establish for ourselves a position. This is essentially necessary for our effective elevation as a people, in shaping our national development, directing our destiny and redeeming ourselves as a race. . . .

Africa is our fatherland, we its legitimate descendants, and we will never agree or consent to see this . . . step that has been taken for her regeneration by her own descendants blasted. Our policy must be. . . Africa for the African race and black men to rule them. . . ”

Henry Highland Garnet (1815 - 1882) - You had better all die -- die immediately, than live slaves and entail your wretchedness upon your posterity. If you would be free in this generation, here is your only hope. However much you and all of us may desire it, there is not much hope of redemption without the shedding of blood. If you must bleed, let it all come at once rather die freemen, than live to be slaves. Let your motto be resistance! resistance! RESISTANCE! No oppressed people have ever secured their liberty without resistance. What kind of resistance you had better make, you must decide by the circumstances that surround you, and according to the suggestion of expediency.”

Henry McNeil Turner (1834 -1915) - “I used to love what I thought was the grand old flag, and sing with ecstasy about the stars and stripes, but to the negro in this country the American flag is a dirty and contemptible rag.”

During the 1890s, Turner went four times to Liberia and Sierra Leone. As bishop, he organized four annual AME conferences in Africa to introduce more American blacks to the continent and organize missions in the colonies. He also worked to establish the AME Church in South Africa, where he negotiated a merger with the Ethiopian Church. His efforts to combine missionary work with encouraging emigration to Africa were divisive in the AME Church. Nevertheless, in 1896 John Addison Blake, great grandson of B’rassa Nchabra, established the Union Bethel African Methodist Church in Cary, Wake County North Carolina. His sister, Sallie married Arch Arrington Sr., a negro and one of the largest land-owners and the first Mayor of Cary, North Carolina. Thus, by the turn of the century, B’rassa Nchabra’s great grandchildren had become one of the most prominent and powerful black families in North Carolina and in America.

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John Addison’s son Eustace Lewis Blake (B’rassa Nchabra’s great grandson) was born in 1894. In 1942, he became the 44th Pastor of Richard Allen’s historic Mother Bethel AME Church in Philadelphia. In 1950 he went from Mother Bethel AME Church to became the pastor of the St. James AME Church in Newark, New Jersey where he served until 1966. In the book, Until Death Do Us Part, Dr. Mary White Williams recalls,

“Several years earlier, I had taken classes on ‘love, courtship, and marriage’ at St. James African Methodist Episcopal Church in Newark, New Jersey, and Rev. Eustace L. Blake was my instructor. He was also a fiend and a good mentor. Reverend Blake was a man of honor and integrity, and he became my ‘father in ministry.’

Reverend Eustace became a leader in both the business and spiritual community and was well-known for his principled and militant stance in defense of justice.

Philadelphia Inquirer Feb 6 1945

Philadelphia Inquirer Feb 6 1945

Courier Post Camden New Jersey November 27, 1958

Courier Post Camden New Jersey November 27, 1958

The Courier News Bridgewater New Jersey January 19 1961

The Courier News Bridgewater New Jersey January 19 1961

Reverend Eustace Blake honored for lifetime membership at NAACP 50th Anniversary in Newark.

Reverend Eustace Blake honored for lifetime membership at NAACP 50th Anniversary in Newark.

In June of 1963 , 75 protesters formed the Newark Coordinating Committee (NCC) and picketed Newark City Hall. They charged that there was discrimination in the city’s building and trade unions, apprentice programs, and job hiring. They issued an ultimatum to the Mayor: act or they will start throwing protest lines around selected construction sites.

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On July 3rd, an Emergency Memorandum was sent to the Mayor and the following day, to the President Kennedy and Attorney General Robert Kennedy:

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The book, Black Power at Work: Community Control, Affirmative Action and the Construction Industry states,

“[P]icketing and caustic negotiations . . . marked, according to the Newark Evening News, the official arrival of the civil rights movement in Newark. . . . To younger activists, the Barringer protest confirmed that liberal reform efforts not only failed to address the needs of growing Newark black communities but actively reinforced their political and economic marginalization. NCC’s tactics contrasted with the tepid emphasis on tolerance that characterized so much of the civil rights discourse and provided an alternative for activists dismayed by the essentially toothless options offered by the Mayor’s Commission. The NCC leadership of the Barringer protest marked the increasing influence of civil rights leaders who gained a foothold in the local movement by introducing mass direct action. Established black leaders, who had supported [Mayor] Addonizio and hoped to secure concessions from his administration, viewed these upstart activists with suspicion. Irvine Turner, the only African American on the Newark City Council, publicly opposed the pickets and criticized Curvin specifically. Most significantly, the Newark NAACP, averse to conflict, initially refused to join the NCC-led protest. At one ‘very tense meeting,’ Curvin was ejected at the insistence of Larrie Stalks, a prominent NAACP member and Addonizio appointee, after Curvin asked to talk about the CORE plans to bring young activists into the city for a summer organizing project.

Like the NAACP leadership, most of the Newark black clergy initially refused to support the NCC. But there were exceptions, including Reverend Dr. Eustace L Blake, who told his 2,000 congregants at St. James AME Church that

‘the price of freedom is not cheap’

and urged them to join the NAACP, the Southern Christian Leadership Council (SCLC which was organized by Balanta woman Ella Baker who went on to organize the Student Nonviolent Coordinating Committee SNCC), or even CORE.”

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In the aftermath of the Barringer pickets, a rally was scheduled to protest police brutality for July 29, 1964. The Association of Negro Voice, Independence and Leadership (ANVIL) was informed that the rally was an effort to incite a race riot. There was no riot at the time, but exactly three years later, the largest race riot did erupt in Newark, New Jersey.

THE NATIONAL ADVISORY COMMISSION ON CIVIL DISORDERS

The riots caused about $10 million in damages ($77 million today) and destroyed multiple plots, several of which are still covered in decay as of 2017. The riot in Newark was followed by a riot in Detroit, each of which set off a chain reaction in neighboring communities. On July 28, 1967, the President Johnson of the United States established the National Advisory Commission on Civil Disorders (Kerner Commission) and directed it to answer three basic questions: What happened? Why did it happen? What can be done to prevent it from happening again? According to the Report,

“This is our basic conclusion: Our nation is moving toward two societies, one black, one white--separate and unequal. Reaction to last summer's disorders has quickened the movement and deepened the division. Discrimination and segregation have long permeated much of American life; they now threaten the future of every American. This deepening racial division is not inevitable. The movement apart can be reversed. Choice is still possible. Our principal task is to define that choice and to press for a national resolution. . . . It is time now to turn with all the purpose at our command to the major unfinished business of this nation. It is time to adopt strategies for action that will produce quick and visible progress. It is time to make good the promises of American democracy to all citizens-urban and rural, white and black, Spanish-surname, American Indian, and every minority group. Our recommendations embrace three basic principles: * To mount programs on a scale equal to the dimension of the problems: * To aim these programs for high impact in the immediate future in order to close the gap between promise and performance; * To undertake new initiatives and experiments that can change the system of failure and frustration that now dominates the ghetto and weakens our society.

In the 24 disorders in 23 cities which we surveyed:

Although specific grievances varied from city to city, at least 12 deeply held grievances can be identified and ranked into three levels of relative intensity: '

First Level of Intensity 1. Police practices 2. Unemployment and underemployment 3. Inadequate housing

Second Level of Intensity 4. Inadequate education 5. Poor recreation facilities and programs 6. Ineffectiveness of the political structure and grievance mechanisms

Third Level of Intensity 7. Disrespectful white attitudes 8. Discriminatory administration of justice 9. Inadequacy of federal programs 10. Inadequacy of municipal services 11. Discriminatory consumer and credit practices 12. Inadequate welfare programs

The results of a three-city survey of various federal programs--manpower, education, housing, welfare and community action--indicate that, despite substantial expenditures, the number of persons assisted constituted only a fraction of those in need. The background of disorder is often as complex and difficult to analyze as the disorder itself. But we find that certain general conclusions can be drawn: * Social and economic conditions in the riot cities constituted a clear pattern of severe disadvantage for Negroes compared with whites, whether the Negroes lived in the area where the riot took place or outside it. Negroes had completed fewer years of education and fewer had attended high school. Negroes were twice as likely to be unemployed and three times as likely to be in unskilled and service jobs. Negroes averaged 70 percent of the income earned by whites and were more than twice as likely to be living in poverty. Although housing cost Negroes relatively more, they had worse housing-three times as likely to be overcrowded and substandard. When compared to white suburbs, the relative disadvantage is even more pronounced. . . .

We believe that the only possible choice for America is the third-a policy which combines ghetto enrichment with programs designed to encourage integration of substantial numbers of Negroes into the society outside the ghetto. Enrichment must be an important adjunct to integration, for no matter how ambitious or energetic the program, few Negroes now living in central cities can be quickly integrated. In the meantime, large-scale improvement in the quality of ghetto life is essential. But this can be no more than an interim strategy. Programs must be developed which will permit substantial Negro movement out of the ghettos. The primary goal must be a single society, in which every citizen will be free to live and work according to his capabilities and desires, not his color.

Recommendations For National Action

We propose these aims to fulfill our pledge of equality and to meet the fundamental needs of a democratic and civilized society--domestic peace and social justice.

EMPLOYMENT

The Commission recommends that the federal government: * Undertake joint efforts with cities and states to consolidate existing manpower programs to avoid fragmentation and duplication. * Take immediate action to create 2,000,000 new jobs over the next three years--one million in the public sector and one million in the private sector-to absorb the hard-core unemployed and materially reduce the level of underemployment for all workers, black and white. We propose 250,000 public sector and 300,000 private sector jobs in the first year. * Provide on-the-job training by both public and private employers with reimbursement to private employers for the extra costs of training the hard-core unemployed, by contract or by tax credits. * Provide tax and other incentives to investment in rural as well as urban poverty areas in order to offer to the rural poor an alternative to migration to urban centers. * Take new and vigorous action to remove artificial barriers to employment and promotion, including not only racial discrimination but, in certain cases, arrest records or lack of a high school diploma. Strengthen those agencies such as the Equal Employment Opportunity Commission, charged with eliminating discriminatory practices, and provide full support for Title VI of the 1964 Civil Rights Act allowing federal grant-in-aid funds to be withheld from activities which discriminate on grounds of color or race. . . . “

In 1961, the Area Redevelopment Act (ARA) was passed to aid in stimulating the economies of areas of high unemployment which had been left behind in the process of national development. The passage of the Manpower Development and Training Act in 1962 represented a greater innovation with broader provisions for institutional and on-the-job training coupled with new support of manpower research, and the requirement of an annual Manpower Report to the President. Additionally, in 1962 a task force established by US Department of Labor Secretary Willard Wirtz and reporting to his Manpower Administrator Same Merrick created the Jobs Corps. The aim of the program was to reduce unemployment. It became the central program of President Johnson’s War on Poverty agenda.

Between 1966 and 1968, Reverend Eustace Blake’s nephew, John L Blake (B’rassa Nchabra’s great, great grandson) served as the general manager for the Rochester Business Opportunity Corp (RBOC); training coordinator with the Sybron Corp, and deputy director for the Monroe Country Human Relations Commission. Referring to the RBOC, John Blake told the Times Union on March 9, 1968 that “The program will show that the Negro can succeed in his own business and industry… It will give young people a model to show that they too can be successful.”

After the Kerner Commission report, Richard Nixon made minority business enterprise a theme of his 1968 presidential campaign. After his election, President Nixon overcame meager funding of the Office of Minority Business Enterprise (OMBE) and was looking for blacks to serve in in his administration to promote minority entrepreneurship. He hired James Farmer, founder of the Congress of Racial Equality (CORE) to serve as Assistant Secretary of the Department of Health, Education and Welfare. He appointed John L Blake Deputy Manpower Administrator in July, 1969.

On April 17, 1970, John Blake had dinner with President Nixon at the White House. A year and a half later, the President appointed John Blake as Director of Job Corps. In this capacity, he directed the national residential manpower training program consisting of 65 centers which aid black men and women and a $2.5 billion budget.

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In an interview with About . . .Time magazine in March of 1974, John Blake said,

“When I came here, I had already said to hell with America and was on my way to Africa. I had a five-year plan; disposing of all my property, obtaining the necessary education courses for a teaching Certificate, and spending three years in the teaching field….then off to Africa.”

A year after John Blake’s dinner with President Nixon, John’s grand nephew, B’rassa Nchabra’s great, great, great, great, great grandson was born on April 14, 1971. This young man would graduate from Yale University, travel to Addis Ababa, Ethiopia to work at the African Union and become the first Director of the African Union 6th Region Education Campaign. After traveling to Ghana, Togo, Benin, Jamaica, Barbados, Trinidad, Panama and Honduras, as well as throughout the United States organizing black people to return to Africa, B’rassa Nchabra’s great, great, great, great, great grandson was given the name Siphiwe Baleka by a Council of Elders in Azania (South Africa) in 2007. In January of 2020, Siphiwe would be the first descendant of B’rassa Nchabra to return to his ancestral homeland in Nhacra, Guinea Bissau after 250 years. There he received the name,

B’rassa Mada.

Though a great effort was made to kill and erase the memory and spirit of B’rassa Nchabra’s ancestors, it managed to live and manifest itself in all the generations of B’rassa Nchabra. Through this one family, the spirit of Balanta people - great farmers, business men, and community organizers - played a significant role in American history and the struggle for justice and equality.

Nat Turner Award.JPG
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KNOW YOURSELF, KNOW YOUR ENEMY: UNDERSTANDING EUROPEAN HISTORY PRIOR TO THEIR ARRIVAL IN WEST AFRICA

“The Christians from Europe erased our memory. After the terror and trauma of being kidnapped and captured, put in chains, brutalized and raped, put in the bottom of slave ships, the European Christians forbid our ancestors from using our names, speaking our languages, and practicing our culture. Within two generations we forgot where we came from and how we lived. Scared of insurrection following Nat Turner’s revolt in 1831, they decided to indoctrinate us with Christianity to make us docile and obey our slave-masters in return for future promise of a better life after death in heaven. Today, descendants of Binham B’rassa (Balanta people) brought to America, have no memory, no image in our brains, of the quality of life that we lived in Nhacra, our homeland. For six generations we were taught that we had no history and that WE were the savages when in fact it was the Europeans, plagued by a harsh climate, plagues, constant warfare with each other, enslaving each other and their Muslim enemies . . . it was the Europeans who were the barbarians and savages while we had been living a successful, indigenous form of communism for thousands of years. We had wealth in people and cattle, we were great farmers and dominated the local financial markets. We had no rulers or government authority, we paid no taxes and we were free and happy. You have to study these people, these Europeans. You have to really know them to understand how tragic it is that we were enslaved by such a pitiful people with an evil religion.”

- Siphiwe Baleka

English peasant of the 14th Century

English peasant of the 14th Century

Volume 1 of Balanta B’urassa, My Sons: Those Who Resist Remain documents the Nile valley origins of Binham B’rassa (Balanta people) which occupied the same environment and had a similar lifestyle as other Nilo-Saharan people of the Sudan. From 3,500 BC to 1400 AD, a period of nearly 5,000 years, ancient B’rass (Balanta people) migrated through the Sahel corridor and thus were a part of all the great African civilizations from which they migrated to finally reach the extreme west coast of Africa in the land they called Nhacra in modern day Guinea Bissau. To understand the ancient lifestyle of the Binaham B’rassa, one can start by observing the cultures of that region and understanding the sophisticated cultures of Africa in general..

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According to Gomes Eannes de Azurara’s eyewitness account of the Portuguese’s first arrival in the land of Guinea in 1444:

Now these caravels having passed by the land of Sahara, as hath been said, came in sight of the two palm trees that Dinis Diaz had met with before, by which they understood that they were at the beginning of the land of the Negroes. And at this sight they were glad indeed, and would have landed at once, but they found the sea so rough upon that coast that by no manner of means could they accomplish their purpose. And some of those who were present said afterwards that it was clear from the smell that came off the land how good must be the fruits of that country, for it was so delicious that from the point they reached, though they were on the sea, it seemed to them that they stood in some gracious fruit garden ordained for the sole end of their delight. . . . Now the people of this green land are wholly black, and hence this is called the Land of the Negroes, or Land of Guinea. Wherefore also the men and women thereof are called ‘Guineas,’ as if one were to say ‘Black Men.’ . . .”

BALANTA PEOPLE ENCOUNTERED WHITE PEOPLE BEFORE THE PORTUGUESE ARRIVAL IN GUINEA

IBN BATTUTA DESCRIBES MALI IN 1352

When Ibn Battuta first visited Cairo in 1326, he undoubtedly heard about the visit of Mansa Musa (King of Mali from 1307 to 1332). Mansa Musa had passed through the city two years earlier making his pilgrimage to Mecca with thousands of slaves and soldiers, wives and officials. One hundred camels each carried one hundred pounds of gold. Mansa Musa performed many acts of charity and '“flooded Cairo with his kindness." So much gold spent in the markets of Cairo actually upset the gold market well into the next century. Mali's gold was important all over the world. In the later Medieval period, West Africa may have been producing almost two-thirds of the world's supply of gold! Mali also supplied other trade items - ivory, ostrich feathers, kola nuts, hides, and slaves. No wonder there was talk about the Kingdom of Mali and its riches! And no wonder Ibn Battuta, still restless after his trip to Al-Andalus, set his mind on visiting the sub-Saharan kingdom. Here is an excerpt from his travel journal:

“Sometimes the sultan [of Mali] holds meetings in the place where he has his audiences. . . . Most often he is dressed in a red velvet tunic, made of either European cloth called mothanfas or deep pile cloth. . . . Among the good qualities of this people, we must cite the following:

  1. The small number of acts of injustice that take place there, for of all people, the Negroes abhor it [injustice] the most.

  2. The general and complete security that is enjoyed in the country. The traveler, just as the sedentary man, has nothing to fear of brigands, thieves, or plunderers.

  3. The blacks do not confiscate the goods of white men who die in their country, even when these men possess immense treasures. On the contrary, the blacks deposit the goods with a man respected among the whites, until the individuals to whom the goods rightfully belong present themselves and take possession of them.

  4. The Negroes say their prayers correctly; they say them assiduously in the meetings of the faithful and strike their children if they fail these obligations. On Friday, whoever does not arrive at the mosque early finds no place to pray because the temple becomes so crowded. The blacks have a habit of sending their slaves to the mosque to spread out the mats they use during prayers in the places to which each slave has a right, to wait for their master’s arrival.

  5. The Negroes wear handsome white clothes every Friday. . . .

  6. They are very zealous in their attempt to learn the holy Quran by heart. In the event that their children are negligent in this respect, fetters are place on the children’s feet and are left until the children can recite the Quran from memory. On a holiday I went to see the judge, and seeing his children in chains, I asked him ‘Aren’t you going to let them go?’ He answered, ‘I won’t let them go until they know the Quran by heart.’ Another day I passed a young Negro with a handsome face who was wearing superb and carrying a heavy chain around his feet. I asked the person who was with me, ‘What did that boy do? Did he murder someone?’ The young Negro heard my question and began to laugh. My colleague told me, ‘He has been chained up only to force him to commit the Quran to memory.’

    Some of the blameworthy actions of these people are:

    1. The female servants and slaves, as well as little girls, appear before men completely naked. . . .

    2. All the women who come into the sovereign’s house are nude and wear no veils over their faces; the sultan’s daughter also go naked. . . .

The copper mine is situated outside Takedda. Slaves of both sexes dig into the soil and take the ore to the city to smelt it in the houses. As soon as the red copper has been obtained, it is made into bars one and one-half handspans long - some thin, some thick. Four hundred of the thick bars equal a ducat of gold; six or seven hundred of the thin bars are also worth a ducat of gold. These bars serve as a means of exchange in place of coin. With the thin bars, meat and firewood are bought; with the thick bars, male and female slaves, millet, butter, and wheat can be bought.

The copper of Takedda, is exported to the city Couber [Gobir], situated in the land of the pagan Negroes. Copper is also exported to Zaghai [Dyakha-western Masina] and to the land of Bernon [Bornu], which is forty days distant from Takedda and is inhabited by Muslims. Idris, king of the Muslims, never shows himself before the people and never speaks to them unless he is behind a curtain. Beautiful slaves, eunuchs, and cloth dyed with saffron are brought from Bernon [Bornu] to many different countries. . . .”

Here, then, Ibn Battuta is describing a Muslim Mali society completely abhorrent to our Balanta ancestors living in the region. Such a society violated their Great Belief which centered on equality. Thus, any kind of hierarchy creating masters and slaves, rulers [kings or Mansas] and subjects, was a direct threat to the Balanta way of life. The idea of shackling children to force them into the foreign indoctrination of a false religion of conquest is an offense of the greatest magnitude.

Here we also learn of the presence of white people and European goods in the Kingdom of Mali during the time when Mali was oppressing Binham B’rassa (Balanta people) who resisted Mali imperialism and engaged in cattle raids against them. Further Antonius Malfante, writing in 1447, describes life in in the Tawat and the Western Sudan Trade:

“After we had come from the sea, that is from Hono [Honein], we journeyed on horseback, always southwards, for about twelve days. For seven days we encountered no dwelling - nothing but sandy plains; we proceeded as though at sea, guided by the sun during the day, at night by the stars. At the end of the seventh day, we arrived at a ksour [Tabelbert], where dwelt very poor people who supported themselves on water and a little sandy ground. They sow little, living upon the numerous date palms. At this ksour [oasis] we had come into Tueto [Tawat, a group of oases]. In this place there are eighteen quarters, enclosed within one wall, and ruled by an oligarchy. Each ruler of a quarter protects his followers, whether they be in the right or no. The quarters closely adjoin each other and are jealous of their privileges. Everyone arriving here places himself under the protection of one of these rulers, who will protect him to the death: thus merchants enjoy very great security, much greater, in my opinion, than in kingdoms such as Thernmicenno [Tlemcen] and Thunisie [Tunis].

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Though I am a Christian, no one ever addressed an insulting word to me. They said they had never seen a Christian before. It is true that on my first arrival they were scornful of me, because they all wished to see me, saying with wonder “This Christian has a countenance like ours’ - for they believed that Christians had disguised faces. . . .

There are many Jews, who lead a good life here, for they are under the protection of the several rulers, each of whom defends his own clients. Thus they enjoy very secure social standing. Trade is in their hands, and many of them are to be trusted with the greatest confidence.

This locality is a mart of the country of the Moors, to which merchants come to sell their goods: gold is carried hither, and bought by those who come up from the coast. This place is De Amamento [Tamentiti], and there are many rich men here. The generality, however, are very poor, for they do not sow, nor do they harvest anything, save the dates upon which they subsist. They eat no meat but that of castrated camels, which are scarce and very dear. . . .

It never rains her: if it did, the houses, being built of salt in the place of reeds, would be destroyed. It is scarcely ever cold here: in summer the heat is extreme, wherefore they are almost all blacks. The children of both sexes go naked up to the age of fifteen. These people observe the religion and law of Muhammad. In the vicinity there are 150 to 200 ksour [oasis].

In the lands of the blacks, as well as here, dwell the Philistines [the Tuareg], who live like the Arabs, in tents. They are without number, and hold sway over the land of Gazola from the borders of Egypt to the shores of the Ocean, as far as Massa and Safi, and over all the neighboring towns of the blacks. . . . They are governed by kings, whose heirs are the sons of their sisters . . . . Great warriors, these people are continually at war amongst themselves. The states which are under their rule border upon the land of the Blacks. I shall speak of those known to men here, and which have inhabitants of the faith of Muhammad. In all, the great majority are Blacks, but there are a small number of whites [i.e. tawny Moors].

First, Tbegida (Takedda, five days’ march west-south-west of Agadez), which comprises one province and three ksour; Checoli (Tadmekka, north of Takedda) which is as large. Chuciam (Gao), Thambet (Timbuktu), Geni (Djenne), and Meli (Mali), said to have nine towns. . . .all these are great cities, capitals of extensive lands and towns under their rule. These adhere to the law of Muhammad.

To the south of these are innumerable great cities and territories, the inhabitants of which are all blacks and idolators, continually at war with each other in defense of their law and faith of their idols. Some worship the sun, others the moon, the seven planets, fire, or water; others a mirror which reflects their faces, which they take to be the images of gods; others groves of trees, the seats of a spirit to whom they make sacrifice [Siphiwe note: here is reference to Balanta spirituality]; others, again, statues of wood and stone, with which, they say they commune by incantations. They relate here extraordinary things of this people.

The lord in whose protection I am, here, who is the greatest in this land, having a fortune of more than 100,000 doubles [a billion coin], brother of the most important merchant in Thambet (Timbuktu), and a man worthy of credence, relates that he lived for thirty years in that town, and, as he says, for fourteen years in the land of the Blacks. Every day he tell me wonderful things of these peoples. He says that these lands and peoples extend endlessly to the south: they all go naked, save for a small loincloth to cover their privates. They have an abundance of flesh, milk, and rice, but no corn or barley. . . . These people have trees which produce edible butter, of which there is an abundance here. . . .The slaves which the blacks take in their internecine wars are sold at a very low price . . . .Neither there nor here are there ever epidemics. . . .They are great magicians, evoking by incense diabolical spirits, with who, they say, they perform marvels. . . .Of such were the stories which I heard daily in plenty. . . . The Egyptian merchants come to trade in the land of the Black with half a million head of cattle and camels - a figure which is not fantastic in this region. The place where I am is good for trade, as the Egyptians and other merchants come hither from the land of the Blacks bringing gold, which they exchanged for copper and other goods. Thus, everything sells well; until there is nothing left for sale. The people here will neither sell nor buy unless at a profit of one hundred per cent. . . . Indian merchants come hither, and converse through interpreters. These Indians are Christians, adorers of the cross. . . . “

It should be noted now that from the 10th century to the 15th century, Binham B’rassa people did not live in some backwards “primitive” culture. They lived on the margins of one of the greatest centers of world trade where there were people from all over the world. Binham B’rassa lived on the margins of this society, intentionally rejecting and resisting it because of the cost to their freedom, way of life, spirituality, and dignity. They wanted no part in this international trade organized by oligarchies that exploited and enslaved people. Finally, a study of European history shows that the “internecine” warfare was no more characteristic of the African people of the region than it was of the European peoples who were constantly engaged in internecine warfare and struggle of power, pauperizing, enslaving, and killing their own people throughout the European continent.

By the time Binham B’rassa (Balanta people) settled in Nhacra on the Atlantic coast, Walter Rodney writes in A History of The Upper Guinea Coast 1545 to 1800,

“It is only the Balantas who can be cited as lacking the institution of kingship. At any rate there seemed to have been little or no differentiation within Balanta society on the basis of who held property, authority and coercive power. Some sources affirmed that the Balantas had no kings, while an early sixteenth-century statement that the Balanta ‘kings’ were no different from their subjects must be taken as referring simply to the heads of the village and family settlements. . . .as in the case of the Balantas, the family is the sole effective social and political unit. . . .”

The distribution of goods, to take a very important facet of social activity, was extremely well organized on an inter-tribal basis in the Geba-Casamance area, and one of the groups primarily concerned in this were the Balantas, who are often cited as the most typical example of the inhibited Primitives. In the sixteenth and seventeenth centuries, the Portuguese realized that the Balantas were the chief agriculturalists and the suppliers of food to the neighboring peoples. The Beafadas and Papels were heavily dependent on Balanta produce, and in return, owing to the Balanta refusal to trade with the Europeans, goods of European origin reached them via the Beafadas and the Papels. The Balantas did not allow foreigners in their midst, but they were always present in the numerous markets held in the territory of theirs neighbors.”

In Planting Rice and Harvesting Slaves: Transformations along the Guinea-Bissau Coast, 1400-1900, Walter Hawthorne writes,

In the early sixteenth century, the Rio Cacheu was situated on the frontier of the Casa Mansa (or Casamance) kingdom and possessed a mixed population of Cassanga, Mandinka, Floup, Balanta, Brame and Banyun. Some of these groups were incorporated into Cas Mansa. Others operated as politically independent communities. The groups attached to Casa Mansa recognized the rule of the Cassanga king, who in turn paid tribute to the Mandinka kingdom of Kaabu. Casa Mansa prospered by controlling trade between the Rio Cacheu and Rio Gambia and the interior and by manufacturing and marketing cloth. Cassanga fairs attracted as many as 8,000 people, including ‘Portuguese,’ who traded iron, horses, beads, paper and wine.”

It is evident, therefore, that Binham B’rassa lived in a delicious, green land of fruits. By virtue of their cattle and superior agriculture, Balanta dominated a thriving and organized local economy connected to a larger, global economy, and had a secure position in it.

To get an understanding of the quality of life on the coast of West Africa, one need only watch these scenes from the movie Roots. The scene takes place in Gambia, just north of the Binham B’rassa homelands and depicts life of the Mandinka.

Life in Guinea Bissua

Life in Guinea Bissua

Now we have an image of the reality of life on the coast of Guinea before the arrival of the soldiers, mercenaries and representatives of the Chivalric Order of Jesus Christ from Portugal. They were then followed by the Christians of England. Below is what life was like in the land of the English Christians before they came to Guinea and the savage history of the Christians in Europe. Remember, Europeans were both slaves and slave traders of their own European people from the 8th to the 11th century!

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THE BOOK AFRICAN AMERICANS SHOULD BE READING: NOTES ON THE ORIGINS OF AFRICAN-AMERICAN INTERESTS IN INTERNATIONAL LAW

Origins of AA Interest in International Law book cover.JPG

The following notes are taken from the book, The Origins of African-American Interests in International Law by Henry J. Richardson III. Among other things, Professor Richardson is a member of the Council on Foreign Relations, a past vice president and honorary vice president of the American Society of International Law, and a founding member of both the National Conference of Black Lawyers and the Project on the Advancement of African-Americans in International Law. The Notes are a continuation of a series of articles on Legal Issues Affecting the Balanta people:

ON QUESTIONS OF RACE, ETHNICITY AND NATIONALITY

SUMMARY OF LEGAL ISSUES CONCERNING BALANTA PEOPLE

ORIGIN OF LEGAL ISSUES CONCERNING BALANTA PEOPLE IN THE UNITED STATES

DEVELOPMENT OF LEGAL ISSUES DURING THE BALANTA MIGRATION PERIOD

LEGAL ISSUES EFFECTING BALANTA AS A RESULT OF CONTACT WITH EUROPEAN CHRISTIANS

LEGAL ISSUES EFFECTING BALANTA AS A RESULT OF CONTACT WITH THE ENGLISH

Timeline of American History And The Birth of White Supremacy and White Privilege in America

DEVELOPMENT OF LEGAL ISSUES CONCERNING BALANTA PEOPLE

BALANTA AND THE BANKING SYSTEM: A CASE STUDY OF THE CRIMINAL APPLICATION OF FICTITIOUS CORPORATE STATUTORY LAW

NOTES

“This book is accordingly about African-Americans and the beginnings of their acting as participants, in Myers McDougal’s term, in the international law process. They could not ‘participate’ in the 16th through 19th centuries as did the sovereign governments and their leaders and high officials of empires in the Londons, Paris(es), Lisbons, and Madrids of the world, or even as the local governments of colonial territories in the New World did, for example, in the thirteen colonies of British North America. But collectively African slaves and African-heritage people were the target and focus of much international concern among those same governments, and periodically they acted to leverage or protect themselves against those governments. African-heritage peoples were impacted by the stream of decisions, interpretations, and jurisprudential formulations about international law during those centuries. . . . There is no doubt that wherever they were in the New World. . . African-heritage people ‘participated’ in the international legal process, even if they lacked formal standing under that law to do so. Discrepancies among three areas: the perceived realities of international concern about African slaves in the New World, their impact on European’s lives and objectives, and the absence in the applicable European-prescribed international law of principles and procedures granting African slaves/African-heritage people access to legal decision making under the law, raise at least two categories of inquiry. One is about the adequacy of that legal system(s) to do justice to all the people it governs or affects. The second is about the story of the normative relationship and the demands of the excluded people(s) to that legal system. Specifically, it concerns what that law ought to hold regarding slaves, as it in practice operated to govern or take their lives while barring any short-run chance for them to influence its commands or enforcement. There was some promise for African-heritage people in international legal doctrine, at least in theory . . . . However, the promise faded as the jurisprudential underpinning of international law shifted from natural law to territorial sovereignty.” p xxix -xxx

“Since African-heritage people during this period were barred from being formally trained as, nor had access to international (or any other kind of) lawyers (save extremely rare exceptions), we must find their demands in the various forms that they were actually expressed, e.g., with their feet, as well as with their mouths or pens. We can then interpret the content of these demands as pleas for relief under ‘better’ international law that Black people would have demanded to exist, had they had access to the legal process with the requisite opportunities, education, resources, and advocacy skills to be effective within the rules, rituals, and decisions of that process. . . . Black folks made what we call an implicit claim when there were no overt words or direct expression demanding better international law but when by their actions they indicated by implication, in context, a demand for more freedom. As the content of their demand is familiar to international law (even though it was not agreeable to contemporary authoritative doctrine), we can call this interpreted demand an implicit claim; furthermore, it reflects an interest that African-heritage people had in interpreting, prescribing and implementing international law.” p. xxx

“. . . .the Africa-American International Tradition, which pre-dates the founding of America as a nation. This Tradition generally refers to the history of Blacks invoking the linkages between their freedom and international issues. . . . And so this book explores the birth of this Afro-American International Tradition and particularly the roots of African American’s stake in international law. . . . The historical period also roughly corresponds to two other key historical creations of humankind grouped around the Atlantic Ocean basin: the rise of international law as a modern legal system, particularly among European states and their Atlantic colonies, and the rise and flourishing of the international slave trade in African(s) by European merchants and governments into the New World.

Only by placing African slavery in the British North American colonies in the context of the International Slave System encompassing and linking the New World, can the actions, struggles, demands, and decisions of slaves and Free Blacks in North America relative to international law be properly understood.” p. xiii -xv

“Thus the central notion of Black people making claims/demands to be governed by a better outside law and to define and protect rights to freedom and equity that they are denied by their white governance under local law, stands in this regard on familiar jurisprudential ground. . . . These people were generally claiming against community authority and not to it.” p. xxi

“Blacks, when they made claims for a better outside law, including a better international law, to govern them, were definitely claiming for a new or radically reformed constitutive process of authoritative decision for both the United States, from the 17th into the 19th centuries, and for the contemporaneous international community. They largely had to construct their own opportunities to make such claims and usually did so at great personal and political risk. . . . Black claims were largely made in resistance to the constitutive process of slavery. The results Black were demanding required the actual replacement of slavery with racial equity. . . . White officials, populations, and elites were determined not to permit these same rights to come into contemporary legal, moral, cultural, economic, religious, or political existence. . . .By contrast . . . Blacks . . . had rights to be free of slavery and racism, to live in human dignity on some normative basis that lay outside of existing constitutive process, and that their validity was not touched by the ubiquitous opposition of the surrounding slavery - supportive local and national process. . . . they were claiming to outside law as an identified normative system, in their eyes, outside of the local rules and norms of their enslaved captivity. . . . Blacks identified and invoked, in particularly situations, one or more such bodies of norms through their belief and interpretation that those outside norms gave them a right to freedom, and therefore comprised better law by which they should be governed. Outside law was defined by Blacks’ interpreted beliefs about other outside criteria of right and wrong . . . . . ” p. xxii -xxiii

“That the then-existing international legal decision makers and officials had no concern for the substance of Blacks’ claims, or for granting Blacks’ access to make them, does not control the present discussion, because it does not touch the integrity of the connection between such claims being made and the emerging African-American experience. Knowingly or not, Blacks were making demands to re-interpret and normatively change international law, which after all evolved, at least in part, to protect the burgeoning International Slave System in the New World, and whose principles from the beginning had to cope with its existence. Blacks were not, for the most part, claiming that their behavior in rebelling, opposing, and contradicting their enslavement and the racism directed against them was legal under contemporaneous international law. And they knew that such behavior was illegal under slave codes and other similar local law, beginning in the late 17th century.” p. xvii

“As [the American] Revolution approached, the contradiction between white European colonists’ publicly applying metaphors of ‘slavery’ to describe their relationship with the Britain of King George III, and the actual circumstances in which they were profiting from ‘their own’ African slaves under their noses and in their own houses, stimulated new kinds of Black claims to natural law. These included, implicitly, claims to international law to the extent that it was then still based on natural law, as Grotius had formulated. . . . the outbreak of the American Revolution in 1776 . . . put Blacks squarely in the middle of two contending candidates for sovereignty over the same territory of North America’s eastern seaboard, and therefore they were naked - as a group - on the international stage. They had to choose their loyalties or at least their most likely survival options, but, in fact, as a group they chose their most likely freedom options. In numbers most Blacks saw the British as potential liberators and chose to try to help their fight or at least seek security by moving towards their military lines and encampments. Caught up in the approaching military battles, their decisions often had to be made quickly about, literally, which way to run.“ p. xviii

“When the Revolution successfully defeated the British, the British honored their obligations under international law by taking at least 30,000 ex-slaves with them back to Britain. Analogously, the Colonists honored theirs by manumitting up to 12,000 slaves who had fought for them, while bitterly opposing the British removing any of ‘their’ slaves at all. Post-Revolution questions turned to the need of the new nation and its fractious thirteen sovereign states for new constitutive arrangements under which to govern itself. The issue was not whether, but how international law was to be incorporated in such new arrangements and documents. As a dozen or so years passed of mounting troubles which threatened the Union, how would this issue unfold in 1787 in the Constitutional Convention in Philadelphia? Blacks were frozen out of that august body of Founding Fathers, but were entering a new stage of social and political organization, especially in Pennsylvania and other parts of the North. They already possessed a history of claims to outside law, including international law, arising out of their life in America. And they necessarily had interests in the outcomes of the Constitutional debates about the international law-related provisions of the Constitution, even if the legal historian must provide heuristic assistance to give such interests concrete form after all these years. . . . What interests in the outcomes of the Framer’s debates about drafting the international law-related provisions of the Constitution did Blacks have? . . . Further . . . .the consequences of the British abolition of the international slave trade among its colonies in 1799, and of American governmental actions to conquer Florida territory and destroy that sanctuary from American slavery for Black slaves and Black Indians vis-a-vis Spanish ownership. . . .” p. xix-xx.

Early Historical Trends

“During the period roughly from the 15th to the middle of the 19th centuries, a group of Western European sovereign states, driven by strong imperatives of exploration for new trade routes to the Far East and new sources of wealth, discovered and helped create profitable markets for black African slaves. Their justification in part, but by no means exclusively, for conducting this increasingly lucrative trade in black human bodies came to refer to a variety of Christian doctrinal rationales, such as the benefits to the slave of rescuing him from his own primitivism and giving him the opportunity to serve Christian society. . . . The 19th century historian W.O. Blake noted that

‘….It is upon (Africa) in an especial manner that the curse of slavery has fallen. At first it bore but a share of the burden; Britons and Scythians were the fellow slaves of the (African): but at last all the other nations of the earth seemed to conspire against the negro race, agreeing never to enslave each other, but to make the blacks the slaves of all alike… and the abolition of the practice of promiscuous slavery in the modern world, was purchased by the introduction of slavery confined entirely to negroes . . . .’

slave trade 8th to 11th centuries.JPG

Thomas notes that in 1250, slavery was covered in some detail in the Spanish legal code. The latter specified that a man became a slave by being captured in war, by being the child of a slave, or by letting himself be sold. . . . It is noted here in passing that this early, codified partial connection to prisoner of war status in legally defining a slave presaged several future issues in various legal systems about the connection between, and even the definition of, ‘war’ and the freedom status of individuals or groups in particular contexts.

Thus generally from the 11th through the 14th century in Europe, slaves used for personal service, in urban crafts and workshops, and on farms were held and traded in and around the Mediterranean Sea. They included a wide diversity of ethnic origins, both white and black. African slaves - Muslim and otherwise - were certainly present in Spain and Italy, and became more numerous towards the 15th century. Thomas estimates that in the late 15th century the Venetians had as many as 3000 slaves.

The slave trade for Africans flourished even more on the southern shores of the Mediterranean than the northern, a condition going back to the late Middle Ages. This traffic can be connected to the trans-Saharan slave trade that stretched across the Saharan into the Mediterranean, the Middle East, and Eastern points beyond. As we shall see, it drew in African slaves from the West African interior. That trade would . . . begin to link up to and interact with a second slave trading process begun by the Portuguese exploration of the West African coast beginning in the mid-13th century, through their forays for gold, goods, and slaves as they explored deeper inland from that coast.

Maritime raids on Spanish and Italian villages and shipping by Muslim raiders produced Christian captives, and there was a long-established traffic in black African girls and young men, beginning in the late Middle Ages. The Malian empire in West Africa, and then its successor Songhai Empire helped replenish the supply through trade and capture from upper Niger, for example, slave girls from Awdaghost. These slaves appear to have been obtained to be servants, concubines or warriors. The emperors of Songhai would customarily make presents of slaves, sometimes as many as 100 at a time, to their guests. Also, beginning in the Middle Ages, African slaves were traded to Java, India, and China.

There was therefore a trans-Saharan slave trade which may have begun as early as 1000 B.C. and which was active following the late Middle Ages, as well as slaves beginning to be traded by Arab traders out of East African ports during the latter period. During the period approaching the 15th century, somewhere between 5,000 and 20,000 slaves may have been annually carried north from the Niger region to the harems, barracks, kitchens, or farms of the Muslim Mediterranean and the Near East during this period, as well as into Christian southern Europe.” pp 4-5

Mali slave traders.jpg

The Opening of the West African Slave Trade

“In the 13th century, Europeans, especially the Italians beginning around 1290, set out to explore the West African coast in an attempt to reach India. A first expedition was lost, but it represented the beginning of a drive to explore, by Portuguese, Spaniards, Genoese, and Florentines of first, the outlying islands, and then the West African coat. These explorers were acting on information and rumors of gold through, inter alia, Jewish merchants in Majorca who had established patterns of trade in North African ports, even in Saharan oases, and as far south as among the Fulani people in Senegambia. This information was put to good used by the cartographers of Majorca. In the 14th century Canary Islanders were occasionally imported as slaves in both Portuguese and Andalusian ports, as well as into Seville in 1402.

Gold trade routes2.JPG

By this time there was some exploratory and commercial interest in seeking black African slaves as well as gold from West Africa. Prince Henry the Navigator, of Lisbon, embodied this interest. He decided that West African gold and slaves, specially as they could be found on the coast of Guinea, might be reached by sea rather than through trans-Saharan trade routes. He sponsored a series of expeditions which first seized the deserted islands of Madeira and Azores, perhaps to keep them, imperialistically, out of the hands of the Spaniards. A series of further expeditions moved slowly south down the West African coast. At Cabo Branco, in the extreme north of the present state of Mauritania, the Portuguese found a market run by Muslim traders and a rest station for trans-Saharan caravans. Here they received a small quantity of gold dust, and seized 12 Black Africans to take back to Portugal as ‘exhibits’ to show Prince Henry. Black slaves were already known in Portugal since at least 1425. Other Portuguese expeditions to West Africa followed, some of which returned with small numbers of Black African slaves. In 1444, a company for trade to Africa was formed ans a royal monopoly. And from this time forward, kidnappings of more and more Africans occurred by Portuguese captains in ever more southerly latitudes.

Portuguese  Exploration of Africa.JPG

As Thomas notes, the early history of the Western exploration of the African coast went hand-in-hand with the rise of a new Atlantic slave trade. African kidnappings became increasingly brutal as Africans learned to defend themselves. And this trade also helped finance scientific discovery, which was one objective of Portuguese exploration. The Portuguese soon began to buy rather than kidnap slaves, often through Muslim merchants, as captives of war or raiding parties. By 1448, about one thousand slaves had been carried back by sea to Portugal or the Portuguese islands of the Azores and Madeira. Thomas’ characterization of West Africans’ reaction to the increasing taking of slaves is noteworthy:

‘The attitude of the Africans to transactions of this kind with the Europeans can only be guessed. The sale by any ruler of a person of his own people would have been looked on as a severe punishment; when African kings or others sold prisoners of war, they looked upon the persons concerned as aliens, about whose destiny they did not care, and whom they might hate. For there was no sense of kinship between different African peoples. Such prisoners, however obtained, were the lowest people in society, and, even in Africa, would have been used to do heavy work, including in gold mines.’

However, others provably looked upon what they were doing as a regrettable action of necessary policy to either maintain themselves in power or to protect the greater good of their tribe in relation to more powerful neighboring tribes and alliances. . . .

Portuguese trade with West Africa at first was confined to African coastal communities, sometimes described as ‘local despotic kingdoms,’ but they soon penetrated up the Gambia River to establish contact with the powerful Songhai empire. through its rich, sophisticated capital at Gao, with an estimated population of from 10,000 to 30,000, the Songhai controlled most of Western Sudan and the trade between West and North Africa. Slaves were obtained by them, as previously noted, by raids against non-Muslim African peoples to the south, and the Songhai used them on royal farms when not selling them to Arab traders.

The Portuguese traded horses for slaves - at 10 to 15 slaves for one horse - and helped introduce these animals into West Africa, where they would sometimes be used as cavalry units in battle. They also introduced other goods in trade for slaves, including woolen and linen cloth, solver, tapestries, and grain. Thomas notes, further:

‘The establishment by the Portuguese of a small trading post, feitoria, at Arguin, and the export thence of a few thousand slaves, seemed neither significant or outrageous. Always the Portuguese would enter into negotiations with the rulers, either small-scale or grand, and these became as it were allies with the newcomers, jointly concerned to make profits from trade.’

African slaves were soon being bought in Portugal by a range of people of varied economic classes. Moral ecclesiastical approval had been secured from a succession of popes. By 1460, the holding of black slaves had become a mark of distinction for Portuguese households. . . . Thus, the African slave trade to Europe was formally opened, as the significant prelude to the more systematized barbarities against Africans that would soon accompany Portuguese and other European exploration of the New World, following Columbus’ ‘discovery’ of America in 1492.” p. 5-7

The Discovery and Colonization of the New World: The European Need for Servile Labor

“…Columbus had lived on the Portuguese plantation island of Madeira with its substantial population of slaves. In 1482 he probably visited the Portuguese fort and slave factory at Elmina on the West African Coast. In this regard, Thomas notes that Columbus was a product of the ‘new Atlantic slave powered society,’ and he may have, though there is no confirmation of this, carried a few slaves on his voyages to the Caribbean. He has the dubious distinction of having made the first Atlantic slave shipment, from west to east, sent from Santo Domingo to a good friend in Seville, of Taino Indians captured in the Caribbean, who had resisted his capturing them.

This was followed by a subsequent shipment of 400 such captives, whose sale in Seville was annulled on order of the King because of doubts about the legality of the transaction, as was a similar such sale by Columbus himself upon his return in 1496 with thirty Indians to sell as slaves. . . .But in 1502, Queen Isabella, having refused permission to import ‘Indians,’ nevertheless permitted the importation of ‘cannibals’ who might be ‘fairly fought and if captured enslaved as punishment for crimes committed against my subjects’; such ‘crimes’ included resisting the latter’s Christian teachings. . . .

Who was going to do the extremely difficult, continuously essential work of farming for necessary food for European settlers? Of local manufacture for necessary implements unable to be imported from Europe? Of land-clearing, construction, tilling, harvesting and processing of cash crops, and numerous other tasks for daily life, survival, and economic growth in the new settlements? And who would do the hard labor of producing, beyond the above, goods and crops for export such as sugar and tobacco? These were being demanded by the metropolitan sovereigns, markets and private investors with stakes in particular settlements, as well as by local emerging entrepreneurs demanding profit from overseas for themselves and the settlements.

A key part of the story of the slave trade and the bringing of African slaves to the New World, including North America, is the ongoing search for satisfactory-to-European elites answers to this question of labor. . . . But it was equally a continuing consideration, not only for the foreign policies of European sovereigns towards each other, but also for the public norms of morality and legality within European nations themselves, of who could rightly and legally be enslaved in the service of expanding overseas state and investor capitalism. With the establishment of settlements by all major European states throughout the Western Hemisphere, it also became a common dilemma among all governmental and commercial participants in the discovery-empire-settlement-colony-domination of trade international process. Thus these issues were bound up with the emergence of modern international law. . . .

The Indian population on Santo Domingo and Puerto Rico was then in rapid decline from Spanish mistreatment and imported diseases, and it seemed clear to the Spanish colonial authorities, after a wave of island kidnapping, that native Indians in the Caribbean both would not and could not be sufficiently enslaved to work the newly opened gold mines on Hispaniola. Thus in January, 1510, King Ferdinand gave authority for fifty of the ‘best and strongest’ slaves to be sent to Hispaniola to work the mines, and it was clear that Africans already in Europe were intended here. This was followed by a royal decree three weeks later to send another 300 to Santo Domingo for sale to whomever would buy them, with the purchase of a tax permit for a license. The requirement to buy this permit was soon to become an important source of income to the Spanish Crown. Thus, this was the beginning of the slave trade to the Americas, with gold in Hispaniola as the incentive. . . .A few years later, in 1518, there was another shift in Spanish royal policy regarding African slaves being sent to the New World. King Charles had been receiving two lines of advice on these matters. One, put forward by Bishop Las Casas and a few other clerics, was that it was wrong and even un-Christian to continue to attempt to enslave the indigenous Indians in the Americas, given the degree of Spanish cruelty involved and the apparent fact that they were ill-suited to the work. The recommendation was that African slaves should be used instead, since, so it was thought, they were both more physiologically and temperamentally suited to do and survive the hard labor, and doing so would save Indian lives.. Second, African slaves born in Europe once taken to New World Spanish colonies were more likely to revolt and inspire the indigenous Indians into insubordination than were bozales - Africans shipped into slavery directly from Africa and thence to Spanish colonies. The King accepted these recommendations in 1518, began to grant licenses, and thus the African slave trade to the New World was born. These slaves were soon put to work in the harsh sugar mills which were beginning to be built after the relative ease of bringing in sugar crops was discovered, and also in the gold mines in Cuba and elsewhere. But almost immediately Spanish authorities in, e.g., Cuba were faced with opposition and revolts by the bozales, which it tried to counter by prohibiting the importation of Africans from certain, primarily Islamic areas. By 1530, this trade was well established, there were more people of African blood than of Spanish blood in Hispaniola, and the trade would continue for the next 350 years to be a source of profit for the merchants involved, as well as for the Crown. . . .In this connection, the Spanish had as early as 1518 moved to license on an international scale the import trade in African slaves (by means of the asiento) . . . .Under the ultimately unsuccessful Spanish policy, which was a primary strategy in Span’s attempt to dominate the New World slave trade, asientos were auctioned to the highest bidders, generally among Dutch, Portuguese, French, or English traders. . .

The first English voyages to the West African coast began in 1532, and although a few Africans were brought back for display (and later returned home), the main objective of these explorations was the African trade in gold and other commercial goods, but not the slave trade. The Portuguese got sufficiently concerned in 1555 to send a special mission to the British Crown to remind Queen Mary of the papal grants of Portuguese monopoly in Africa and therefore to prevent any further English voyages to Guinea. The Privy Council in London accordingly issued a prohibition, but the understanding with the Portuguese was soon infringed upon by further British voyages.

In 1562, Captain John Hawkins, whose father had made the first exploratory British voyage in 1532, initiated the English slave trade. . . His expedition of three ships wound up ascending the river Sierra Leone where he forcibly captured three hundred or more Africans who had already been assembled for slave shipment by Portuguese traders. . . .This commerce was illegal under Spanish law and was the forerunner for a future, intense pattern of smuggling. His merchandise in the hulks was confiscated in Spain, but he returned to London in September 1563, with a good profit for his investors. A second Hawkins voyage followed . . . A battled ensued, although England and Spain were not at war; . . .

English settlers from London were beginning to make reconnaissance voyages to the New World. They settled in Bermuda in 1609, soon thereafter in Virginia and Massachusetts, and then into the Caribbean: Barbados in 1625, and Antigua, Nevis and Montserrat by 1632. With all of these moves, the great labor problem was a main concern, as it was in Virginia in 1619. The landing of slaves in Virginia signified that the slave trade was inaugurated on the North American mainland before the new European settlers entered the slave market. Even prior to this, however, a British company was formed and chartered by the Crown to control the African trade, and the moving spirit of that venture, Robert Rich, already owned a tobacco plantation in Virginia and was probably hoping to take black slaves to work it, and from 1619 Africans began to be taken into Virginia in small lots. . . . In 1630 King Charles I granted a royal license to a separate company to transport slaves from Guinea and did so through the English fort (slave factory) at Cormantine on the Gold Coast; the next British slave factory would be built in 1661. The success of this company in slave trading drew in other investors and traders. By the late 1630’s, a few African slaves were to be seen in most of the European North American colonies, and slave-trading ships began to be constructed in Massachusetts. . . .

Plantation owners, farmers and other settlers were now turning to African slaves as a cheaper source of labor in the long run, notwithstanding the deadly horrors of the Middle Passage. They were seen also as easily identifiable and controllable

to prevent their escape from labor arrangements

which, by the last decades of the 17th century, were on their way to being made permanent under law in North America. . . In 1661, the Virginia Assembly would extend statutory recognition to slavery over both Indians and Africans, and in 1662, it would make such slavery permanent. The British Parliament would enact similar legislation for its New World colonies in 1667.

A rising ideology of race and European perceptions of Africans as ‘the Other’ facilitated further the permanent enslavement of their heirs and successors. . . . There also seems little doubt that the European-driven ‘necessity’ and increasing profitability of the African slave trade to the New World beginning in the 16th century stimulated supporting normative, doctrinal, religious, legal and public policy concepts in a pattern of European and then Euro-American attempts to morally justify this vastly accelerated system of enslavement. . . At least one scholar has historically attributed the rise of such racial ideology to Christianity’s clash with Islam as it played out in Europe. From the 8th to the 13th century the relatively limited forms of slavery in Europe had generally been in decline. But the clash with Islam eventually encouraged Christians to follow the Muslim lead in barring the enslavement of fellow-believers, while retaining such possibilities for those who, were, or had been, non-believers. This basis for a right to manumission for baptized slaves was deliberately eliminated in Virginia law in the 17th century and then in the other North American colonies as African slavery was made permanent . . .

Thus a solution was considered to have been found to the common problem of labor as one of the most difficult dilemmas in the entire New World economic process, and thus the major pre-occupation of economic gain by imperial governments, merchants and settlers began to be addressed through the use of human beings solely - to the extent this could be arranged - as economic units.

The slave trade was big European and international business in the 17th and 18th centuries, and it was largely in the hands of Dutch, French, and English companies. The Dutch in the 17th century aimed to seize control of the commercial routes to the New World, including the slave trade. Thus, two years after the Twenty were landed in Jamestown from a Dutch man o’war, the Dutch West India Company was formed in 1621 to monopolize those trade routes and to challenge the previous Portuguese slave trade dominance.

However, the Dutch lost their bid for dominance after the late 17th century in wars with France and England. . . . . Concurrently, by the mid-17th century, many individuals and organizations in England, including the powerful East India Company, were involved in the slave trade, and concerned about their future investments in it. The English evolved the objective of trying to drive the Dutch and French out of West Africa. And indeed by defeating the Dutch (with French help) England enhanced its prestige in Africa. Moreover, the French defeat in the War of the Spanish Succession gave England the asiento - the exclusive license to take slaves to the Spanish colonies - for 30 years. In 1672, the Royal African Company was chartered by the King of England and for the next decade held a monopoly on that trade. For the next 50 years it would be the most important single slave trading group in the world. It would lose its monopoly in 1698, give up the slave trade in 1731 . . . .

The European revival of Middle Ages slavery was drawn away by rapidly growing markets for African slaves with their huge profits, together with those from gold, sugar, and the industries supporting the considerable expansion of the international slave trade. In the midst of this European drive, increasingly a British drive, to dominate both the trade of bringing valued goods, delicacies, and New World luxuries to the European market and the international slave trade to the New World, European-based systems of colonial law appeared to facilitate this process. “. pp.8-16

African Resistance and Cooperation

“The question of the extent to which Africans resisted and also cooperated in their own enslavement over three or more centuries is one that reminds us that History is an interpretation of the past written in the present. Present interpretations are affected by present day community expectations about major value questions, not excluding that of race, regarding African-heritage peoples in Western societies and the ongoing, increasingly rancorous debate about what legitimately constitutes racism and invidious discrimination. This includes the issue of what actions and situations of deprivation must be deemed the responsibility of those deprived. Similarly, present canons of historiography are freighted with the question of whether the present historian should judge a s wrongful the events and trends of the past that obviously destroyed much and injured or killed many, or whether he or she should forego such judgment through notions of generational tolerance. The latter generally argue that those actors in that time period had no choice but to obey the perspectives and imperatives of that period and are therefore beyond the moral judgment of a later historical period. And during these present years, the question of slavery and the slave trade has not been exempt from such notions.

Perhaps even more so, slavery and the slave trade have, as subjects of historical interpretation, been subjected to versions of contemporary policy strategies about African-heritage peoples and race that have been strongly promoted by politically conservative forces in the United States and elsewhere beginning , in its current phase, with the Reagan Administration in 1981. The overall aim of these strategies appears to be, inter alia, to decrease the moral turpitude of Euro-Americans and Europeans and their forefathers for their establishing an international slave system. More specifically it seems to be to minimize the ‘wages and badges’ of slavery - in the words of the 13th Amendment to the U.S. Constitution - in the present day that have so continuously and clearly afflicted all African-Americans and other African peoples in both the Americas and in Europe down to the present moment. These strategies are numerous; indeed, they constitute whole barrages on a number of levels, and they are conducted both consciously by determined proponents and unconsciously by others more unsuspecting who have absorbed them from the surrounding political and intellectual atmosphere. One outcome, grossly destructive in its effects but really only the top cap of a formidable submerged iceberg, is the strong trend of rights-reversal that has now taken hold in American law directed against African-Americans, which has been well documented.

Other strategies are more subtle because they are intermixed with entirely legitimate intellectual inquiry and rely more on shifts of emphasis for their effect in creating yet another little bit of discriminatory smoke in the atmosphere. One such is the contextualization of African slavery in comparative terms with the harshness of treatment of other groups of deprived people who happen to be white, e.g. claims that African slavery can only be validly assessed in comparison with the actual detailed material plight of European peasants in the 14th century. Building up a plethora of deprived peoples in similar material circumstances tends to dilute any assigned moral responsibility for African slavery and the treatment of African persons thereby, by burying them in common comparative historical misery and thus erasing causal arguments traveling to the present day. These days, of course, somehow much of such ‘new and path-breaking’ scholarship seems to lie in that comparative direction, and comparatively little in the opposite direction, i.e., that on re-examination, African slavery was uniquely horrible and even worse, with wider consequences than previously thought. That such issues divide the Black and white American academy is not surprising. Their treatment is par of the reason that in a number of disciplines, including law, African-American scholars joined by other scholars of color have turned their considerable attention to basic questions of jurisprudence and methodology. They have done so in the form of Critical Race Theory, Multicultural Studies, and AfroCentrism, where conventional methodology, under the guise of neutral and even scientific inquiry producing truth, has been tortured to spawn whole sheets of subtly and damaging discriminatory inquiries and standard-setting.

But perhaps the most frequent and pernicious intellectual/academic strategy in the present period, in approaching the wages and badges of slavery under a conservative drumbeat, is a determined attempt to undermine the moral position of African-heritage peoples in the present day be assigning them increasing shares of responsibility of the institution and conduct of African slavery itself.

This is done by a combination of channeled, detailed research plus a certain kind of interpretation, which, combined, have the effect of relativizing the blame for an historically acknowledged historical evil, as will be indicated herein in the discussion about natural law and slavery.

There is of course nothing wrong with detailed research, but writing history is a synthesis of details and choice of emphasis - and omissions, however small - to sustain a narrative and/or path of analysis. The aim of much of such present research on African slavery seems to lie in two directions:

(1) African slavery is only one example and phase in an ancient human practice of slavery, and must therefore be understood and discussed in that context; since there is nothing really unique about the African slave trade when placed in that context, any differences are mere historical details without meaning, and certainly without moral meaning.

(2), detailed research now reveals the extent to which African traders, sovereigns, and others cooperated and collaborated in the African slave trade in selling ‘their own people’ to the Europeans.

These findings at the very least purport to justify a sharing of any moral blame falling upon Europeans with Africans and their heritage successors. In addition, for some scholars, the findings justify erasing any European responsibility altogether in the name of notions of personal responsibility (as opposed to historical forces set in motion) and commercial market forces. To make the latter arguments work, imposing notions of personal responsibility of Africans to create an estoppel against African-American claims of European historical responsibility is crucial. And to do this, one must - for Africans and black-related historical issues - adopt a very paternalistic approach to history, but only for this category of questions, which violates much historiography about analyzing historical imperatives and the movement of events otherwise. Every African now becomes a ‘great man of history’ for this purpose’. . . .

For the African slave trade, it is simply maliciously foolish to even imply a position that assigns responsibility to African heritage peoples for the collaboration of a relative few of their numbers at the African source of the trade, compared with the estimated 20 million that were taken to be slaves and the 12 or so million actually transported to the Americas. It is malicious in the face of overwhelming evidence of European intent and consciousness of their actions, but especially in the face of the undeniable and copious facts from every source of the consistency of African rebellion on all levels and in all venues against being enslaved. It is as close to a record of mass collective heroic desperation through three centuries as exists in all of human history, and it cannot be washed away morally or empirically by showing the details that this people were human after all. And therefore, among their numbers, some were not heroic enough to resist overwhelming imperatives around them that penetrated their own minds, such as greed, patterns of war, and temporal personal advantage. The history of African slavery and the slave trade to the New World is the history of African opposition and rebellion to slavery, so clearly that moral responsibility for the international slave system can only fall upon its perpetrators and those groups who consistently have benefited from it and subsequently its wages and badges.

Thus one may have questions about the previously cited quote of Professor Thomas, which seems to imply that African tribes were so atomized that the seizing of slaves from one to another to sell for the ships was assuaged among Africans by overwhelming feelings of narrow tribal hostility, alienation, and a lack of perspective beyond elite self-advantage. This implies that generally Africans did not perceive nor really care what was happening to them collectively. Even if such could be documented beyond doubt, it does not answer the historical questions of outside forces aiming to set patterns of intra-group conflict in motion in Africa precisely to cause slaves to be delivered for traded European goods, as was the case. The same outside forces then actually reduced the captives to slaves by their own hands on their own ships in their own colonies. Such subtle points of emphasis in a generally valuable work must be identified as par of a very large overall problem confronting African-heritage people today, including the validity of the interpretation of its own history.

Thomas concludes that in West Africa, slaves seem to have been the only form of private property recognized by customary law, ans also the most striking manifestation of personal wealth.

That solution rested firmly and destructively on the backs of not only the slaves themselves, but also of especially on West African kingdoms, clans, and tribes. . . . It was, with pervasive and deliberate European facilitation, encouragement through bartering of European goods that became African necessities, and coercion throughout the process - not least in the introduction of firearms into Africa. . . . As Franklin and Moss have noted, the vast majority of slaving was to be carried out in West Africa where civilization had reached its highest point on the Continent except possibly for Egypt. Only the best built, healthiest, most spirited, and most identifiably intelligent of African men, women and children were commercially desired as slaves for the New World, and thus they were brought to the ships over the next two and on-half centuries in the millions. . . . These African slaves newly in the New World appeared . . . to mount the first New World slave revolts. Uprisings occurred - the main objectives appeared to be either to escape from slave confinement, or to overthrow the colonial government with the help of allies - in 1522 in Hispaniola, 1523 in Mexico, 1527 in Puerto Rico, 1529 in Colombia, 1533 in Santa Domingo, and 1537 in New Spain. Smaller revolts were reported in Caragena in 1545, Santo Dominga again in 1548, and Panama in 1552. . . .

By 1600, several trends were becoming apparent that would continue for more than two more centuries relative to African resistance and opposition to being enslaved. . . . The first was that Africans captured in Africa for the slave trade largely began to resist from the beginning, even before being taken aboard the slave ships. There were mutinies, struggles, suicides, and ferocious attempts to escape at every step of the way, along with the constant possibility that Africans being ferried out to the slave ships from shore would jump overboard to escape or drown themselves. . . .

The Portuguese made a weak attempt to resolve the morality question through legalistic strategies. After deciding that their direct kidnapping of Africans for slavery was generally more trouble than it was worth, they decided thereafter to induce by trade and barter African middlemen to provide them slaves for sale. . . . This response to slavery as a contentious moral issue in Spain and Portugal, as we have already seen, in the last analysis must be understood as a justification for a commercial imperative to continue on European terms. Only a legal fig leaf under crude principles of quasi-contract was thrown at the situation to overcome what was possibly by many Europeans perceived, consciously or unconsciously, as a troublesome moral position in resisting their European-manufactured fate stated by the unfortunate African captives.

Second, during this period both Spanish settlers and the sovereign realized that the demand for slaves, especially for the sugar plantations in the Caribbean and in Central American territories, was generating so great a rate of importation from West Africa and also from Europe that in many colonies the numbers of resident African slaves outstripped, sometimes substantially, the numbers of white settlers. This was increasingly perceived as a dangerous security problem, precisely because it could not be pretended that Africans were happy with their fate, and because it was early discovered that Africans had organizing abilities. Despite differences in language and sub-culture, slaves had the wherewithal to mount various forms of resistance not excluding full-scale revolt, especially as they realized they were in a local majority. This was a constant European settler fear, which antedated the same general fear by the end of the 17th century in the southern British colonies, e.g., the Carolinas, on the North American mainland. And as the above-mentioned patterns of revolts and uprisings and other forms of opposition show, which list could be lengthened considerably, African slaves gave them ample reason for their fears.

Here, horrific tortures and punishments, supposedly legalized by being written into local and sovereign slave codes - notwithstanding the Spanish sovereign law’s preserving in theory the humanity of the African slave - were the primary European response to their security fears throughout all the Americas, a commonality of the international slave system.

Notwithstanding this pattern of what must be counted as among the most ghastly patterns of official personal tortures in human history, African slaves in all these territories continued a consistent pattern of opposition, sabotage, escape and revolt. Undoubtedly the prospect of such inhuman deterrence measures caused Africans across-the-board to think strategically about their own best interests. Hence there ares some instances of slaves . . . joining with slaveholders to fight off outside invaders. The need of African-heritage peoples for strategic thinking should be kept in mind for our later discussion about African slaves and free backs in the American revolution.

The third historical trend of slave resistance is that by 1600, the impulse of many African slaves fleeing their enslavement to form maroon communities - settlements of escaped slaves in remote areas in an attempt to construct permanent or long-lived free communities outside of the international slave system - had become apparent. . . . In concept and action maroons or maronage struck at the heart of the international slave system. . . . Its existence tangibly called into question the moral legitimacy of slavery as an international enterprise, whether or not the connected history of opposition and rebellion at the slave departure points had already done so, no matter what the commercial need for it. Whatever the justifications that were cooked up to support the slave system’s functioning, the consent in any meaningful sense of the vast majority of Africans enslaved could not be cited to confirm either its legitimacy or its legality.

That system then had to be supported by legal rules and doctrines imposed on the actors whom the system was attempting to regulate. Such ‘law’ had to rest on principles of sufficient authority to override the consistent and tested desires of the large captive numbers of human beings palpably to the contrary, over a long period. As an example of law-in-action, the international slave system crossed the line from ‘law’ to the application of massive coercion by one against another, for its own sake and without authority.

McDougal and Lasswell elsewhere have analogized such a situation masquerading under legal forms as being no more than banditry. This may be one contributing factor to the historical observation that slavery never really became universally morally accepted; in virtually every community , not least the United States dating from before the founding of the country, there was moral unease and uncertainty surrounding it in and among controlling white groups.” pp. 16-17

Early Trends in International Law

“R. P. Anand has reminded us that part of the history of any chain of events is the continuous struggle to evolve ‘principles of law for ever-growing purposes.’ . . . It is also true for both the evolution of national community processes of law and for international law. Regarding the latter, this evolution cannot be restricted to the sovereigns and national central governments that, under the reigning legal doctrines of the period are promised, as an outcome of this struggle, to have standing (i.e. recognized legal capacity) to formally raise their rights and interests in courts, formal treaty negotiations, and other appropriate arenas.

Rather, any consideration of the evolution of international law in connection with historical trends - including the spreading of the international slave system into the North American colonies - must equally consider those groups, peoples, tribes, genders, races, and even individuals who during the same period, in terms of power, wealth and dominating influence, may have been subordinate to the above sovereigns and national elites. It must consider these latter who, while subordinate, were a clear and intense focus of international concern by dominant legal decision makers, because of the impact and dependency of their existence, presence, actions and potential or feared actions on the interests and wishes of those sovereigns and elites. . . .

Thus we must ask, rather than simply take it as an unexamined fact, why sovereign and other elite groups were the beneficiaries of evolved international principles of standing, legal personality, and other preferred status of participation in legal decision making, and not other groups, entities and peoples who were the intense and continuing focus of the concerns and objectives of these elites. On these the latter depended for the accomplishment of their collective value-aims. We must equally ask, what demands, claims, and interests did these subordinated peoples and groups have and make in this historical struggle to evolve international legal principles, even as colonial elites were being careful to deny them formal access to legal arenas? Neither lack of formal access nor lack of defined rights in colonial law can be taken as synonymous with having no interests or claims to make to, or stake in the operation of the same legal process which bars them. This is especially so as the latter tries to control the allocation of value-benefits in their collective and individual lives including, indeed, often whether they live at all.

Yet, notwithstanding the foregoing, the legal history of international law and American legal history have treated most African-heritage peoples as objects and not subjects of law when they have not ignored them altogether. Such legal history has been written to equate African-heritage peoples’ lack of standing and legal personality in this historical struggle to evolve legal principles with a lack of capacity, intelligence, consciousness, and perception to define interests and push claims and advocate rights under the same law. This is especially the case for international law which evolved during this same historical period of the 16th through the 18th centuries. As will be seen throughout this work, these questions define the evolving international legal situation of black Africans generally in the New World, those twelve or more millions reduced to slavery as they were kidnapped from their homeland, and brought in chains to the New World - the Caribbean Islands, Central and South America, and the British colonies of North America -to be slaves in perpetuity. . . .

Finally, as discussed above, the history of New World slavery is the history of slave revolts and opposition at every step of enslavement and its maintenance, beginning with kidnapping battles in the African bush as the first step to the slave ships, to the suicides and mutinies attending the Middle Passage over the centuries, to revolts, running away, and maroon communities in the New World. This is an integral part of the historical struggle in the New World underlying the evolution of international law. Thus such opposition and revolts must be integral to any understanding of not only legal principles, but the interests and claims of African-heritage peoples, and particularly of African-Americans to international legal principles. Considerations of legitimacy are inevitable through the consent of the governed, justice and human dignity as moral and legal expressions, the extent to which group domination may be reflected in a moral jurisprudence, minimum public order through stability under law as among either sovereigns or citizens, and the evolution of international law as a reflection of international capitalism. None of these notions can be contemplated apart from understanding that enslavement in the New World was synonymous with Black opposition and revolt in all its forms and with the claims flowing from that continuing resistance.”

Early Trends in International Law

“During this general period of the 16th through the 17th centuries there was a debate in Spain and to some extent in Portugal, carried on largely in ecclesiastical circles, about the morality of slavery. . . . Many of these questions arose in a notable public face-off at Valladolid in 1550 between Bishop Las Casas and the classicist Gines de Sepulveda on the subject of how the Catholic faith could be preached and promulgated in the New World. The proceedings included Fary Domingo de Soto, the most distinguished pupil of the recently deceased great early international legal jurist Francisco de Vitoria. . . . .

However, in 1557, de Soto published his Ten Books on Justice and Law in which he argued that it was wrong to keep in slavery a man who had been born free, or who had been captured by fraud or violence - even if he had been fairly bought at a properly constituted market. . . . Alonso de Montufar, archbishop of Mexico . . . wrote to King Phillip II in 1560: ‘We do not know of any just cause why the Negroes should be captives any more than the Indians, because we are told that they receive the gospel in good will and do not make war on Christians.’ Philip does not seem to have answered . . . . the legality of a license to a banker to transport 23,000 African slaves to the Americas . . . .

At about the same time, in 1554, a Portuguese captain and military writer, Fernao de Oliveira, criticized the slave trade in his Art of War at Sea. Anticipating some of the arguments of the later abolitionists movement, de Oliveira noted that the African rulers who sold slaves to the Europeans usually got them by robbery or by waging unjust wars. But no war waged specifically to make captives for the use of the slave trade could possibly be just. Oliveira denounced his countrymen for inventing ‘such an evil trade’ as the ‘buying and selling of peaceable freemen as one buys and sells animals,’ with the spirit of a ‘slaughterhouse butcher.’ These arguments were followed in 1560 by the work of another Spanish Dominican, Martin de Ledesma, who argued in his Commentaria that all who owned slaves gained through the trickery of Portuguese traders should free them immediately, on pain of eternal damnation. He also noted that Aristotle’s comments about wild men living without any order could not apply to Africans, many of whom lived under regular monarchies [Siphiwe note: or non-state order such as the Balanta]. . . .

The line between kidnapping and war was a thin and wavering one; the traders themselves continued to maintain that in buying slaves they were serving the best interests of humanity. However another, longer term result of these arguments was that they were joined and built upon by later legal scholars. . . . They would wrestle with the question of whether the conduct of the international slave system and slavery itself imposed any limitation on the authority of sovereigns and their agents, beyond that exercised from time to time for the systems-maintenance objectives of treating slaves sufficiently decently to maintain the efficiency of their labor where European settlers most desired it.

Indeed Thomas notes other attacks on the slave trade by Spanish and Portuguese clerics writing in the mid-16th century. These went so far as to question what had been a basic justification, namely slaves’s status as prisoners of war. In 1573, in his Arte de los contratos published in Valencia, Bartolome Frias de Albornoz, a Spanish lawyer who had emigrated to Mexico to become its first professor of civil law and is now considered ‘the father of Mexican juisconsultants,’ argued in effect that prisoners of war could not be legally enslaved. He thought that no African could benefit from living as a slave in the Americas, and that Christianity could not justify the violence of the trade and the act of kidnapping. The implication was that clergy were too lazy to go to African and act as real missionaries. . . . Albornoz’s book was condemned by the Inquisition as being unduly disturbing.

These serious doubts were, in effect, answered, in the form of a revelation. A Dominican friar, Fray Francisco de la Cruz, told the Inquisition in Lima, that an angel had told him that ‘the blacks are justly captives by reason of the sins of their forefathers, and that because of that sin God gave them that color.’ The Dominican explained that the black people were descended from the tribe of Aser, or Isacchar, and they were so warlike and indomitable that they would upset everyone if they were allowed to live free. This answer to Albornoz indicates that the process was already well underway among a wing of Spanish intellectuals in the 16th century to use Christian doctrine to justify the slave trade, and particularly to characterize African blacks as an inferior and dangerous ‘Other’ who deserved enslavement. . . .” [Siphiwe Note: this goes all the way back to St. Martin of Braga, a Christian that considered all non-Catholic Christian beliefs as the work of the Devil, who in 579 who wrote De Correctione Rusticorum

Considerations of Legal Evolution

“Let us try to put this in some context during the 16th and 17th centuries of both the evolution of international law and the rise of the slave trade. . . . This period saw modern international law being pulled together as a coherent legal system, principally through the work of the brilliant Dutch lawyer Hugo Grotius, writing in the early 17th century. Grotius built this legal system, or at least its first model, from a mixture of existing and classic principles, including, as Anand points out, a knowledge and respect for Asian state practice regarding the universalism of international law and notions of freedom of navigation and trade. Grotius grounded the jurisprudential basis of this new international law on principles of natural law out of the scholastic tradition, but natural law as founded not so much on the law of God as on principles of right and universal reason found throughout the human community. He was doing so, however, out of a jurisprudential debate already growing as to whether international law should be grounded on natural law or on the prerogatives of each and all territorial sovereigns. To shorten a longer story, this debate had begun even before Grotius’ major work in 1625, and it picked up steam thereafter through the works of contending European scholars such as Selden and others. This debate foretold the shift that international law would indeed make from being grounded on natural law to being grounded on territorial sovereignty, a shift indicated by the work in about 1750, of Emmerich Vattel, a Swiss scholar, even though he continued to pay lip service to natural law as part of the international legal foundation. Vattel’s work would be cited into the early 20th century as authoritative, and he laid part of the basis for international law being defined through the school of legal positivism. For African people brought as slaves into the New World, this shift was potential of great importance.

Understanding Legal Positivism

Legal positivism is a philosophy of law that emphasizes the conventional nature of law—that it is socially constructed. According to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law. Formal criteria of law’s origin, law enforcement and legal effectiveness are all sufficient for social norms to be considered law.  Legal positivism does not base law on divine commandments, reason, or human rights.  As an historical matter, positivism arose in opposition to classical natural law theory, according to which there are necessary moral constraints on the content of law.

Legal positivism does not imply an ethical justification for the content of the law, nor a decision for or against the obedience to law. Positivists do not judge laws by questions of justice or humanity, but merely by the ways in which the laws have been created. This includes the view that judges make new law in deciding cases not falling clearly under a legal rule. Practicing, deciding or tolerating certain practices of law can each be considered a way of creating law.

Within legal doctrine, legal positivism would be opposed to sociological jurisprudence and hermeneutics of law, which study the concrete prevailing circumstances of statutory interpretation in society.

The word “positivism” was probably first used to draw attention to the idea that law is “positive” or “posited,” as opposed to being “natural” in the sense of being derived from natural law or morality.

In jurisprudential terms, natural law as the basis of international law provides a normative basis for criticizing the actions of a sovereign towards those people in his or her territory, in part because the rights of such people are through natural law inherent to their existence, and not given by the state. From the time of the classical Greeks there has always been some kind of slavery, and under natural law it has been generally seen as wrongful. But simultaneously natural law doctrine has always been hard pressed to explain and encompass the continuation of slavery and other wrongs under the laws of the human community, notwithstanding their wrongfulness. Slavery has long been a touchstone of the struggle between right principles and bad actions, as symbolized by that between natural law as the basis of the law of God or right reason, and the law of humankind as symbolized by the persistence of slavery and other wrongful policies.

The battle over the rightness of slavery continued to be joined with the resurgence of European and trans-Saharan slavery beginning in the 12th century, as discussed earlier. . . . But with the outbreak of virulent New World slavery to serve the labor demands of international capitalism, the stakes in this battle rose considerably. One part of the answer to this clash in legal history is the above shift of international law in its basis to territorial sovereignty, thus removing any outside normative platform from which to criticize the sovereign. This was because obligations on such sovereigns could then only be fixed in law with their consent. To be clear, I am not saying that New World slavery caused this jurisprudential shift in international law, or perhaps more accurately made it impossible for Grotius’ view to hang on after the Treaty of Westphalia, ending the Thirty Year’s War in 1648. I am saying that insofar as the rise of the modern state system is bound up with the rise of international capitalism into the New World, this jurisprudential shift benefited the sovereigns and their merchants and colonial settlers in instituting slavery and promulgating what can fairly be called an international slave system, stretching from Europe throughout the breadth of the Americas. One major doctrinal and normative benefit to that system was, as international law slid onto a territorial sovereignty foundation,

that the institution of slavery could not be frontally challenged under that law because there was increasingly no non-sovereign basis in principle from which to do so.

We have seen, and will later see further, that this period featured the rise of the great European empires - the Spanish, the English, the Dutch, the Portuguese - and that a key dynamic was the expansion of all of these sovereignties into the New World. . . . With the establishment of European colonies in the New World, beginning with the Spanish in the mid-16th century, and the Spanish debate about the lawfulness and morality of enslaving indigenous Indians throughout the Americas, the question arises of the early sources of international law. Specifically, the extent to which those sources could be said to include what might be called ‘intra-Empire law’ from the 16th into the 18th century. The question is framed by the fact that in the New World, under doctrines of discovery and conquest, the international process of colonialism got under way be each of these European sovereign states placing virtually all of the America’s territory under their respective jurisdictions. Equally, once such colonies were in place there was a process established, necessarily, of shipping for vital communication and protection with the European metropolitan sovereign and among New World colonies, of the same sovereign. All this shipping was under the general lawmaking sovereign authority of the metropolitan. . . .

The question accordingly becomes, what was the influence of intra-empire law, particularly that of Spain and England, on the development of international law as the latter affected the situations of African slaves and the small numbers of free blacks in the New World? Issues arise such as:

  • Did slaves have rights under international law?

  • Did sovereigns have a duty to put limitations on the treatment, e.g., punishment, of slaves by masters?

  • Did sovereigns have duties to each other to honor the international or colonial trade and other intra-empire arrangements made to continue or regulate the slave trade and slavery?

  • Did the clash between natural law and sovereign territorial perspectives relative to the development of international law affect any rights or duties of slaves and masters?

  • What was the relationship between the exercise of jurisdiction by the sovereign over its colonies, or lack thereof, and the rights of slaves relative to either local slave codes or rights sounding directly under international law?

  • What rights did slaves in the North American mainland British colonies have beyond those (not) granted by local colonial law and slave codes, such as in the colony of Virginia?

To illuminate some of these questions, we might briefly consider, for example, any comparative insights gleaned from contrasting Cuban slave codes in the 16th century forward under the Spanish empire with those of Virginia under the British Empire.

One might think that, in the growth of international law and the international slave system, black African slaves, especially in north America, would be more benefited and protected if scholars such as Grotius and Pufendorf in the mid-17th century had prevailed in the European jurisprudential tussle, and the basis of international law had remained some effective version of natural law. A normative standpoint from which to judge the sovereign about instituting and establishing a system of slavery would have been preserved. However, the legal history of the Spanish slave codes as compared with the Virginia slave code raises the possibility that more state sovereignty, not less, would have been beneficial to black slaves. Particularly, the continuous exercise of authority by the Spanish Crown in its colonies, including Cuba, on questions of rights and duties of slaves and slavemasters, inserted the state as a buffer between local slavemasters’ abuses of slaves, and the level of basic control and security needed to keep the Spanish slave system running and producing wealth at acceptable levels. By inference, this meant the international slave system , as well. In doing so, the Spanish sovereign made it clear that the legal personality of the slave as a human being was to be preserved, along with certain minimal rights that were basic to this conception.

In comparison, the Virginia slave codes, beginning in 1660, reduced black African slaves to chattel and gave him and her no rights of legal personality (except in bringing them to judgment for rebelling), because in part the English Crown exercised no authority under British law to review those slave codes. Furthermore, no slave codes in any other North American colony would be reviewed although the doctrinal authority was available to London to do so, e.g., through Orders-in-Council. This lack of exercise of authority by the British Crown, coupled with the general philosophy of individualism (for whites), in the context of expanding New World international capitalism, gave Virginia colony the unreviewed discretion to treat its slaves as economic units, with no countervailing rights for slaves or duties of masters. The state was not available as a buffer to guarantee the legal personality of slaves as human beings. Racism and capitalism thus reigned supreme, particularly in the southern North American colonies.

Here, the state must be distinguished from colonial elites who were both slavemasters and local legal decision-makers. The latter, were, relatively speaking, the major immediate source of abuse of slaves in that territory, though the Spanish slave codes prescribed horrendous punishments in those circumstances identified as a threat to the basic system. Slaves in Virginia were subject only to whatever the twisted imagination of slaveholders could conjure up by way of making the protective duties of masters and rights of slaves nil and the prerogative of masters to control and punish slaves absolute. Virginia slaves, given the immediate consciousness and organization, might have pressed claims to London to exercise its authority to preserve their humanity as a matter of law. This would have been a claim to somewhat more beneficial ‘outside law’, but id did not happen. As discussed later, slave results did happen.

The Spanish slave codes at least preserved the legal humanity of its slaves because they retained a basic continuity with the Scholastic tradition as a foundation of natural law. But this also bought into the traditional difficulties of natural law jurisprudence. Thus the codes were bifurcated in policy between ‘slavery as a necessary evil,’ and ‘making slavery effective in the colonies according to colonial conditions.’ Here natural law depended on the state to enforce its writ on preserving the humanity of the slaves (though not on their treatment across the board), because it was clear that left to their own wishes and impulses slaveholders and local colonial officials would not. This latter is proven by the English/Virginia experience and the horrific punishments prescribed for slaves with large dollops of discretion to white slave holders to adjudge, decide, and administer them. In this sense, the Spanish sovereign felt bound by natural law, but struck the policy compromise with human law well short of abolishing slavery: it was an evil, but a necessary one. The horrific punishments included here were prescribed in a rational framework by the metropolitan sovereign. . . .

But Spain’s codes did not provide a normative standpoint to challenge the institution of slavery per se. It only provided a somewhat less harsh - overall - functioning of that part of the international slave system under Spanish control. And judged by the prevalence of maroon communities and other forms of slave rebellion, for African slaves ‘a more humane slavery’ was not tolerable, neither in theory nor in practice.

Considerations of Legal Evolution

“And, as mentioned before, they necessarily, in the name of their own settlers’ and investors’ (financial) security shared a common interest in preventing slaves from rebelling or running away, much less forming independent African states. They shared an interest, as well, in preventing them from taking local power and in preserving them collectively and individually for their property value as efficient economic units of production. There was thus a premium on the general alliance among local governments in the colonies effective at suppressing slave rebellions, among settlers in employing whatever means to make slaves work, and among sovereign states in supporting both of the above for the benefit not only of large investors but for the income flowing directly into sovereign treasuries.

This objective to ensure the functioning of that alliance, and thus to coordinate resources, including at times military resources, to maintain anti-slave security across the breadth of the entire international slave system can only be seen as a key factor in maintaining minimum international order. That includes doing so through sovereign objectives under international law, during this period. Again, we note the especial attention colonial authorities in all colonies gave the question of maronage, not only for the local disruption caused by the establishment of such groups and/or communities, but equally because in doing so, African slaves were undermining the moral and theoretical foundations of the slave system. Nothing that these sovereigns, settlers, and elites could do to deny slaves standing in local and international fora and courts, to characterize them as non-human chattel and treat them as property, could ever diminish (1) their certain knowledge that the majority of Africans hated their enslavement. Nor could these tactics and attitudes diminish (2) their well founded international paranoia that each body of these slaves no matter where in the Americas they were located, no matter how harshly or (comparatively) leniently they were treated under local law and practice would, over time, be constantly working on a number of levels, on the other side of a rather vast racial and cultural divide, to free themselves and, that they had considerable abilities to do so. For about three centuries (1) and (2) comprised a major international problem.

Accordingly, there was no doubt that African slaves and then their heirs and successors had then, and retain to this day, a considerable interest in resolving questions about the evolution, interpretation, prescription, application, enforcement, and effects of international law, and their role in it. To understand this interest further is our goal here.

Any legal outcomes in Europe.settler-originated law and policy during this period that might be interpreted as providing a ‘right” to African slaves faced formidable obstacles in the British colonies. The Spanish empire provided a legal basis for such a concept, as a few rights were explicitly codified by the sovereign. Notwithstanding some doctrinal promise, international legal process among state sovereigns, such as it was, provided scant initial hope to confirm any such rights or to be enforced for that purpose within, or as part of, local colonial law. We may say that any rights of slaves in the New World would have necessarily been defenses against international law-justified assaults on them. Modern international law as organized by Grotius was one big counterclaim by way of affirmative defense against (1) the war and anarchy of micro-sovereignties of the time; and (2) the rise of the great English, French, Spanish and even Portuguese empires, on behalf of smaller sovereign states, such as Holland, against the formers’ asserted prerogatives to, e.g. close off the highs seas and control trade to their own advantage. Arguably, this implicitly included the slave trade, though Grotius did not discuss it specifically, and the subsequent actions of England in moving to dominate the New World slave trade provide some confirmation here.

Thus while Grotius and like-minded scholars provided some doctrinal hope of a right under international law not to be enslaved, or at least not to be cruelly enslaved, this was not upheld either by Grotius’ explicit writings on slavery, nor by the Spanish sovereign control of the slave practices of its colonies, nor by the English. Any rights for Africans recognized during this period by the dominant elites in this international slave system, particularly in the British Empire, tended to rest on strictly construed objectives of preserving the property value and labor of slaves for maximum long-term economic return to the slaveholder, with minimum threat to his security. . . . African heritage peoples and persons over time would have to claim their own rights to the extent they were able.

And here, a world about ‘the interests’ of the international slave system. By 1600, it was also becoming apparent, following the notion of the historian Eugene Genovese, that in sharing the same areas and bits of territory throughout the international arena in the New World, slaves and masters were forced to share ‘their common humanity’ as well. This is notwithstanding the assigned legal status of the slave as ‘chattel.’ . . .

Pushing the system here and there to carve what autonomy was possible can be seen as a form of rebellion, in that it is a non-acceptance of slave status, notwithstanding the lack of any immediate goal to overthrow or escape from the entire system.

Many of these slaves occupied key functional positions in ports as well as other skilled trades, doing critical work for the movement of commerce. We may well argue that the emergence throughout the international slave system of this class of slaves was a feature of minimum public order, to the extent that the existence of such slaves gave rise to an implicit legal fiction that was sustained by the community importance of their skills. They were increasingly, on a day to day basis, allowed a kind of ‘bare license’ needed to perform those skills so long as they did not got too far, and they were given it notwithstanding their official ‘chattel’ status (in British colonies, a minimum humanity in Spanish colonies, as discussed). And it is only a small step to note that a major preoccupation of most in this particular class of slave was to find a way to use the money they earned, or otherwise parlay their skills into either purchasing their freedom or otherwise attaining it. . . .

[I]nternational law is emerging as a modern legal system in close historical coincidence to the building and acceleration of the international slave system, that is, from the late 16th through the 17th centuries. This coincidence - whether causal or not - raises the question of what rights, or what strategies to deny rights to African slaves (and the emerging small class of free blacks) would arise under this law. The same question is necessarily posed to every body of law that Africans were in contact with, but here we focus on international law. Further, what claims - moral and legal - would Africans make to this (international) law, implicit or explicit, arising just out of their physical presence in its jurisdiction, as the same question necessarily arises for any law whose decisions intentionally impact African lives. . . .

The historical conjunction between the rise of the Atlantic slave trade and the emergence of international law provides a laboratory to observe what happens when a normative principle with long historical roots (the wrongfulness of slavery under natural law, especially against the consent of the slave) collides with elite and sovereign imperatives pushing to establish a very profitable international commercial system that inescapably depends for its operation on the eradication of that same normative principle.

However, the commercial system and those who profit from it need, for community political reasons and for psychological reasons to the sovereigns and the commercial and political elites themselves, some principled and moral justification for its daily enslavement of other people. If not the eradicated normative principle against the enslavement (especially this kind and degree of enslavement), then what principles of moral (and legal) justification are available to those elites?

Or, are no supporting principles available that have comparable historical roots, but have only justifications, each fragile and ephemeral in turn under the winds of learned and native skepticism in the community? Do each have only in common its function that was dedicated by the elites who propounded it to simply shield for as long as possible the naked greed for the high profits that the slavery system produces and promises, if maintained, to produce? . . .

Does this barrier of lack of standing, lack of legal competence, lack of the right of representation and to be represented work as these elites hope it does, by being impenetrable and therefore enabling those elites to regulate (across the full spectrum of strategies from light to genocidal) this international group of African slaves? Can they do so without the former being in turn regulated by the Africans? Does this barrier of doctrine and local practice really work to shut up the slaves regarding any expression or communication they may make about the impact of slavery on their lives and on the universe? Does it silence them regarding any form and interpretation of their expressions and communications always being irrelevant to, or outside of ‘law,’ legal decision-making, or any legal system that the slaves come in contact with that enables Europeans to regulate them yet more?

Because if any slave communications do become relevant to ‘law’ or some system thereof, they would gain access to that system and thus acquire the potential for them to regulate the regulators, for reasons spelled out, inter alia, Emmanuel Kan’ts ideas on legitimacy and his Categorical Imperative and Lon Fuller’s Internal Morality of Law. . . .

African slaves . . . were going to, were, and would always be making much noise. Expressions, communications, songs, drumming, preaching, writings, prayers, revolts and rebellion, chants, African customary law and spirit songs would all be hammering against this dam that barred them from legal access. Principles of freedom and decency from a multitude of tribal traditions, and new knowledge and strategies for effectively using them, would be battering at the dam. that dam was meant to have no spillways, no floodgates, but was meant only to be able to automatically raise its height higher and higher by piles of justifications to meet evolving European/white elite and sovereign political and commercial needs.”

W.E.B. DuBois Testifies

“On Wednesday, July 11, 1945, the pre-eminent African-American intellectual, a founder of American sociology, a founder of modern Pan-Africanism, and chief publicist for the National Association for the Advancement of Colored People (NAACP), W.E.B. DuBois, testified before the Foreign Relations Committee of the U.S. Senate in favor of the United States’ ratifying the United Nations Charter. This Charter was intended, and did become the foundation of the new post-war international legal order. . . . DuBois was the only African-American so testifying . . . Sitting before the Committee testifying on this day, DuBois was representing the majority of African Americans, urging ratification of the Charter under a constitutional procedure in which his people had not only an interest, but more fundamentally, a stake in seeing that it was carried out in a certain way. . . Their hope and demand was that the emerging new world order, of which the UN Charter would essentially be the constitution, would serve their fundamental collective goal to be free from racism, in ways that American law, white majority policies and sentiments, and the American economy clearly had not provided. . . . Even for those Black folks who were unaware of the Charter or any of its issues, its ratification and the way it was ratified by the United States would, one way or another, involve their interests and those of the Black community. Thus, they had a stake in the outcome. . . .

DuBois further asked the Senate to validate as a first principle of international law that ‘at the earliest practical moment no nation or group shall be deprived of effective voice in its own government.’ These themes encompassed the desire of most Black Americans - as expressed through previous weeks of articles and editorials in the Black press - for the Charter to be ratified because of its human rights provisions and the obligations they imposed on the United States. In a word, those provisions, principally Articles 55 and 56, and 1(2), obligated all treaty parties to, at a minimum, cooperate with each other to institute fundamental human rights for all peoples throughout the world community. . . . It was clear that this underlying Charter vision of a new post-war international community saw the protection of human rights globally under the rule of law as essential to the furthering of international development and progress, as well as to the maintenance of international peace and security. . . . Thus DuBois’ testimony, resonating with the wishes of most Black Americans on these questions, formed a claim to international law that their right to be free of racism and to equal rights under law was confirmed by the UN Charter. The U.S. government was thus obliged under international law to implement such rights for U.S. citizens under its own domestic law. In other words, African Americans were claiming rights under international law that they could not claim under domestic U.S. law. They were claiming not only that they had such international legal rights, but that now such rights were binding at the local level by operation of the Constitution regarding treaties. An additional ‘outside’ source of law - international law - was being invoked to deliver and apply rights in local settings where otherwise the local U.S. law was upholding various forms of racism.” pp. xxxi-xxxiv

Making it simple

  1. Christians in Europe were fighting a war against Muslims from the east and North Africa leading to the Crusades.

  2. The Muslims had previously dominated the Christians in Europe because the had advantages provided by the trans-Saharan trade in gold and the enslavement of various African people.

  3. Christians and Muslims were enslaving each other before they came to Guinea - the land of the blacks.

  4. Christianity taught a doctrine and ideology of masters and slaves.

  5. Because they, the Christians said so, God gave them authority to enslave people.

  6. The African people, governed by Natural Law, defended themselves against the Christians. The people in Guinea did not have to submit to the Christians. Natural law gave them the authority and power to oppose, deny, resist, revolt, and kill them. Thus, the Christians had to create a “counter-law” to defeat and replace “natural law”. This counter law had to have more COMPELLING FORCE than the AUTHORITY OF NATURAL LAW. The compelling force of the Christians came from the combination of ECCLESIASTICAL LAW and CORPORATE/STATUTORY LAW SUPPORTED BY MARTIAL LAW.

  7. INTERNATIONAL LAW is nothing more than the codification and evolution of #1-6.

    CONCLUSION: So long as non-white people reject NATURAL LAW as the SUPREME LAW OF “GOD” and submit to INTERNATIONAL LAW founded on the master-slave ideology of CHRISTIAN ECCLESIASTICAL LAW, their efforts to achieve liberation from the system of white supremacy outlined in #1-6 above used to enslave them for the economic benefits of the a few elite ‘plutonomarchs” will prove unsuccessful.

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The B'rassa Fight Against the Befera: Learning from the Revolutionaries from India

“MOST CONSIDERED THOSE WHO PROFITED AT THE EXPENSE OF OTHERS TO BE WHAT BALANTA CALLED BEFERA . . . TRANSLATED AS ‘WITCHES’ OR ‘CANNIBALS’ - PEOPLE WHO CONSUMED OTHERS’ HEALTH, SOULS, OR BODIES AND UNDERMINED COMMUNITY COHERENCE. KIDNAPPERS WHO SEIZED KIN OR NEIGHBORS IN THE NIGHT AND SOLD THEM FELL INTO THIS CATEGORY, AS DID EUROPEAN AND EURAFRICAN (MIXED RACE) SLAVERS AND THEIR MIDDLEMAN AGENTS.”

- WALTER HAWTHORNE, FROM AFRICA TO BRAZIL: CULTURE, IDENTITY AND AN ATLANTIC SLAVE TRADE, 1600-1830

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Oneness vs. The 1%: 

Vandana Shiva at the United Nations Office at Geneva

“You might remember 2008 was the collapse of Wall Street and tax money bailed it out. The billionaires got richer. In 2010, 388 billionaires controlled as much wealth as the bottom half of humanity. This number came down to 277 in 2011, 159 in 2012, 292 in 2013, 280 in 2014, 62 in 2016, and it shriveled to a mere 8 in 2017 and this year it is 5. The March 2016 data was that the six richest had $343 billion and by the next year they had $402 billion. And their money is then managed by the asset management funds which did not exist before globalization. They were insignificant. But they are the determining factor in the economy today. The two biggest are Vanguard and Blackrock. We normally think of Wall Street and Goldman Sachs - looked like nothing today. They are very small players. So in 2008 Vanguard was less than a trillion and Blackrock was a trillion. 2012 Vanguard rose to $2.2 trillion, Blackrock was $3.3 trillion. When I started this book . . . Vanguard was $3 trillion. Withing a year by the time this went to the publisher and was published within a year it was $4 trillion.

How do the asset managers make a trillion a year? India’s GDP is 1.3 trillion and we are a land of 1.3 billion people very hardworking peasants, very hardworking women and all of that work counts for nothing. But the speculation is growing by the day. . .

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I’ve been looking at…. Of course I started looking at agriculture because of what happened, the fracturing of the most prosperous part of India, the state of Punjab. I did my MSC honors in physics from Punjab and it was a peaceful land, the richest state in the province of India. By 1984 it had erupted in violence. In those days I was working for the United Nations University on a major program of conflicts over resources within peace and global transformation and I said something is going on here that needs to be looked at because when I was collecting data on conflicts over rivers, Punjab was the highest but by June of 1984 the story was only about religion. The resources had disappeared, the rivers had disappeared, the farmers’ incomes had disappeared, the farmers blockade of June the 4th had disappeared. They were saying, if we can’t choose what we grow, if we can’t decide how we’ll grow it, if we can’t determine the price at which to sell, if we can’t determine when the waters of our own rivers will flow to our field, we’re living under slavery. That was the way they were framing it. By June the 4th the army was sent to the Golden Temple. . . .

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. . . . the agrochemical industry said, ‘we are too small.’ Now those days Ciba and Sanders were sitting separately in that meeting. They merged a few years later to become Novartis and they merged with Astra and Zeneca to become Syngenta. And now Syngenta has merged with Chem China and Monsanto has merged with Bayer and Dow has merged with DuPont but in fact they are all owned by the asset management funds. . . .  The largest shares now in these companies is not individual shareholders. It’s the billionaires. And they decide whether GMOs will be pushed or not, they decide whether the new genetic engineering technologies, the gene drives, the gene editing will happen or not.

They determine wherever there’s a potential for power control and profits.

WHO OWNS NATURE?

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Microsoft was not a very big player. Who are, you know, the big, the biggest name? It used to be Gates for nearly 15 years as the richest. He lost the richest man’s place to Jeff Bezos. Jeff Bezos did not exist 20 years ago. He said in an interview . . . he said India got him to the top place, because last year the tax laws were changed and I support Indian farmers who really worked with them to save seeds, biodiversity, do organic farming and their economic sovereignty of doing their own marketing . . . there was no taxation and they could move.  At least within the provinces they could move freely. This year, the truck wasn’t allowed to move and I did a quick calculation what individual farmers would have to pay . . .  four farmers is all that Jeff Bezos pays for an entire state. He doesn’t pay sales tax anyway. . . . He’s got storages but he doesn’t pay property tax. And I think these are issues worth investigating because not only are there tax avoidance and a lot of the billionaires money is in the tax havens, but they worked out

BRILLIANT WAYS OF NOT PAYING TAXES . . . .

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So at that meeting of 1987 the second thing that happened was, and they said, we can only make money now through selling GMOs which didn’t exist at that time. This is 1987. GMOs were commercialized in 1992. But they said we have to push GMOs because it’s the only way we can claim patents on seed, it’s the royalty collections that will make our future profits. And then they said that Europe and America are very small markets for agriculture. It’s the third world, that’s where the farmers are, that’s where the royalties will come from. So we got to have a global treaty . . . . and the General Agreement on Trade and Tariffs (GATT) became the World Trade Organization (WTO) and the trade related intellectual property rights agreement was being put into it. This is what a Monsanto Representative said: ‘Industry has identified a major problem for international trade. . .’ And what was the problem they identified? That farmers save seeds. That was a big problem. That farmers save seeds and have seed sovereignty. So they went on to say, ‘it crafted a solution, reduced it to a concrete proposal, and sold it to our own and other governments.’ The industries and traders of the world commerce have played simultaneously the role of patients, diagnosticians, and prescribing physicians. . . . There’s a Supreme Court decision in the United States which actually says seed is a ‘self-replicating machine invented by Monsanto’ and even 20 years down the line if you buy grain it is still the self-replicating machine . . . .

. . . the eco-social contract [is] a simple ontological fact that life is not a manufacture and an invention . . .

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There are claims that genetic engineering will give us climate resilient seeds. . . . So much of the claims of the ‘new seeds’ is really seeds that farmers had already evolved of salt tolerance, of flood tolerance, of drought tolerance, and all that’s happening now is either just taking that seed and reading its genome and guessing. . . GUESSING which part of the genome contributes to what trait. So if I go to a seed bank, and all the seeds are in the collections of the CGIS system . . . they’re sitting in Svalbard in what’s called the Doomsday Seed Vault. . .  and with them is a passport data which tells you what trick the seed has – it’s drought resistant, etc. So I take a thousand drought resistant seeds and I put them through a computer reading and find through an algorithm and then do a guesswork which will be that  - they literally say, ‘which will be the hundred lottery ticket that will win me the possibility of a patent?’ – and you patent it. You’ve done nothing. You don’t even know what the seed is, but you guess that this part of the genome is what’s going to be the contributor. There are one thousand five hundred patents on climate resilient seeds.

Deregulation was a very, very important part of the making of the billionaires and the making of inequality. So a year after the WTO was formed, the first ministerial was in Singapore and the first thing they did was remove all taxation on the IT industry. That’s where Microsoft got so rich. If they were paying the taxes, they wouldn’t have. And if they didn’t have IPRs on software, they wouldn’t have. Two simple facts is what made Gates come to the top.

But deregulation isn’t just deregulation, it is also simultaneously, as I have witnessed in my country, a making illegal of the daily lives of people. So when it came to the whole seed issue the talk used to be,

‘we have to find ways to make it illegal for farmers to save seeds.’

That was the problem and intellectual property rights (IPRs) were supposed to be the tool . . . .

But I have had to deal with the making illegal of our cold press oil mills of the village. . . In 1998 – they just worked out an amazing new law. The local edible oil had to be banned because that poor villager with two bullocks and his little cold-pressed mill who deals in no cash – the community will bring oil seeds, you take out the oil, the oil cake is left for you as feed for your animals . . .  It’s an economy that’s totally circular. Overnight [it was] banned on what grounds? That there’s no lab and no chemists . . . .

Making fractures where there shouldn’t be fractures, and integrating what should not be integrated. . . .

The [unitelliglbe] used to keep people savings separate from the investment banks, and this was removed. Through the removal, the speculators managed to get hold of the pension funds, savings and everything else and that’s par of how the whole system exploded.

As Joel Kurtzman has said, the economy somewhere between 20 to 50 times  - I think it is now about 100 to 200 times as much bigger than when he wrote it – ‘than the real economy is not no the economy of trade but of speculation. Its commerce is in financial instruments and while  its ultra-high tech infrastructure straddles the globe and move several trillion dollars a day between the major and minor nodes of the network, it is largely unregulated.

Few people realize money, in its traditional sense, has met its demise. Fewer still have paused to reflect on its impact.’

Now, two years ago, exactly two years ago, cash in India was banned. The big notes – 500 and 1000 rupees. An 8 pm lecture by the Prime Minister and in no time, by 12 o’clock, all our cash was illegal now. Indians live in economies of self-organized systems. And that means the poor woman who is sweeping the streets at the end of her life might have saved 500,000 rupees to take it back to her village to build a house. Suddenly her life savings were illegal. We have had huge debates two years later, right now, this is the big political discussion taking place in India. This was a forced digitalization and it was forced with not just our Prime Minister saying it, but behind him was a lot of thinking.

A war on cash had been declared in a program in the USA. And even before this forced digitalization was imposed on India, Bill Gates and Microsoft had already made the programs to make it work just like they were already ready. You know in the midnight of July 1st, 2017 this new centralized taxation system was created which made Jeff Bezos the richest. I think if Gates had known it would work for business, he might not have had a role in this, but the GST programs were already written before the announcement that the government of India. And in each of them I did a very simple calculation. You know if a 100 rupees is transacted a hundred times it stays 100 rupees and it still commands the same amount of resources, but digitally it shifts a hundred times, each time the digital giants, the financial giants have made the 2%, 6%, whatever is the percentage on the transaction.

That’s where the miracle mysterious money is growing so fast. It’s in this false digitalization.

And since it is not at all regulated and there’s no taxation, it’s again the case of the ordinary person. In India we did not have to do tax returns if your earnings was less than 100,000 rupees. Now, even if its not that much, you have to go through this digital program. Who can afford it? Nobody! So you got to hire an auditor but not a small tax return auditor because [its] not on paper. It’s all on digital programs and that means that every step the escalation of cutting off and turning more and more into an excluded citizen grows. . . .

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When I started this journey, it began with the seed, it began with a sure biotechnology but now there’s this new convergence of biotechnology, the digital technologies and the financial technologies. . . . this power is a very, very volatile power. It is a highly unstable power. I have described it as the extractive economy that extracted from the earth, that extracted from nature, that extracted from society and put it all on top. But when you take a pyramid and make it an inverted pyramid, it’s a very unstable structure. . . .

There’s a farmer. . . . he used to spray roundup in the lawns of a school. His name is Johnson. He won a case against Monsanto. And even when they wanted an appeal the case was not dismissed, and the case has been upheld. It’s a California case. Johnson’s case triggered 8,000 more cases and in a day [Monsanto] had lost 30% of its capital. Around the same time – and I think the two are linked – Blackrock which had become $6.3 trillion lost 30%.

So, since it has no connection with real processes and real wealth, it’s like a butterfly’s wing. One tiny, one cancer patient, can make this come toppling down. . . .

Now the same billionaires with the new tools are talking about . . . artificial intelligence as an inevitable takeover and a superior substitution of human intelligence. . . . But they talk about 99% of human beings being disposable. 99% disposable . . .  and we’ll need 1% to write the algorithms. Well, I think the 99% who are declared disposable are a whole new solidarity . . .

I think it is a beautiful moment to redefine the terms and categories around two constructions that are so false, that allow this mysterious wealth creation, by money, money-making itself. Its when capital was defined as being the creative for wealth creation and the earth was reduced to land as an inert input and human beings, with all their creativity, all their work, were reduced to labor as another inert input. And these two inert inputs were merely, inputs to the magic of money-making. I’ve called it the money machine.

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I think it is time to do a new social contract, recognizing that the earth is amazingly creative. She’s not dead, she’s not just raw material, she’s alive, that’s why she is called Gaia. And amazing self-organized systems is what kept the Earth’s climate systems and the earth temperatures within that level which made our evolution as a species possible . . . . We can all rise in a new social contract of rejuvenating and regenerating the earth, human societies, and our communities from the very local all the way to the planetary. . . .

I could see how the economies are not just killing the earth, they are killing people. They have become genocide economies and ecocidal economy. . .

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Democracies have also been hijacked and been mutated from being of the people, by the people, for the people into being of the corporation, for the corporations, by the corporations. But which corporations? Not all of them. . . . but behind them we call them the 1% which is actually the 5. You must all have noticed how this then mutates into a new fracturing of society, that a dividing economy must also create division in society. The divisions and hate we are seeing is as genetically engineered as the GMO. It’s not a natural process. Just because people have different faiths it’s not given that they will hate and kill each other. . . .

And then you will remember that joining of the information technology and the new robber barons where Facebook took the communications of people and then selected from the communications – on Facebook where you’re just talking to your friend – then they sold that data to Cambridge Analytica and with its algorithms Cambridge Analytica gave four hate messages to the President of the United States for his election campaigning. The first was hate of women, the second was hate of blacks, the third was hate of Muslims, and the fourth was hate of migrants. And whom did they target? They target the vulnerable, the unemployed worker, the farmers. And that’s why its not an accident that those are the places where the new leadership is popular. . . .

I do believe that good health and good food is a fundamental right unlike what ecological apartheid and nutritional apartheid is being created – that it’s fine for the rich to have organic and natural but the rest should be condemned to fake food, artificial food, and I am committed for the rest of my life I will not let that happen . . . .”

Synthetic Biology

What is Synthetic Biology? Inspired by the convergence of molecular biology, computing and engineering, synthetic biology refers to the creation of designer organisms built from synthetic DNA. Scientists have already used synthetic DNA to construct working viruses and re-engineer existing microbes; they are also attempting to build human-made life forms that perform specific tasks.

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SADHGURU

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