Why were slave owners even offered compensation via the 1837 Act if they'd lost the power in parliament to stop abolition in 1833?

score:58

Accepted answer

Lord Wynford, though speaking in opposition, illustrated the reasons in the House of Lords, on Tuesday, June 25th 1833, why a payment was being considered and what arguments such a payment should be based on. I've quoted from that below, but the arguments he makes are:

  • the crime of slavery has been a crime committed by everyone so everyone should pay for it;
  • "the money voted is necessary for the support of the honour or interest of the nation";
    • this point can be misconstrued as implying that slavery was honourable; instead the point is that it would have been dishonourable to retroactively legislate on items:

      Consider, for example, if (for environmental reasons), it was suddenly made illegal to own a petrol or diesel powered vehicle, and they would all be taken away by the Government. If compensation is not given, then it would be considered akin to an ex post facto law (punishing people for an act which was legal at the time, but since made illegal) - that's the "dishonourable" bit (and, in fact, is currently prohibited under Article 7 of the ECHR). i.e. "We can't punish people for not predicting we would later move the goalposts"
      —Chronocidal, in comments.

  • to compensate for the owners potential loss they "may sustain from not having any means of cultivating their estates";
  • to account for reduced production of sugar in the colonies which cause losses for the plantation owners;
  • previous attempts at emancipation without mentions of compensation had failed to pass in local assemblies.

Lord Wynford on June 25th 1833:

We say you are proceeding with so much haste, and so incautiously, that instead of doing any good, you will do much mischief ; instead of putting an end to a system of cruelty and injustice, you will increase it ;—that whilst you emancipate slaves who live under English laws, you will increase the numbers of those persons in countries in which they will not have the protection of those laws ;—that whilst the endurance of a state of slavery has been the crime of the whole British nation, and, therefore, the loss that may arise from putting an end to this detestable state should be equally borne by us all, we are proceeding to legislate without any proof that the compensation which is to be made to the owners of slaves is anything like a fair equivalent for the sacrifice of property that they will now be required to make. ... It is first proposed that we should resolve that 20,000,000£ should be granted to the West Indian proprietors, for giving up their interest in their slaves. Compensation to slave-owners will remove my strongest objection to immediate emancipation. I heard, with great satisfaction, the Noble Lord who began this debate state, a few days ago, that he would not consent to emancipation unaccompanied with compensation to the slave-owners. I only did the Noble Earl justice when I said, upon that occasion, that I was sure the Noble Earl was too candid a man when he talked of compensation, to mean the compensation that has been mentioned in another place, which was,—taking a part of the services of the slave, and by money raised by the employment of the part of the services so taken, compensating for the whole of the services left for a time to the master. No, instead of what was originally proposed, namely, a loan of 15,000,000£ to be repaid by property fraudently taken from the labourer, the slave-owners are now to have an absolute gift of 20,000,000£. We ought, on the other hand, to take care that the compensation made them be a just compensation. I suspect, from a few words that fell from the Noble Earl, that 20,000,000£ will not be a just compensation. He said something about paying for the value of the negroes. If you only pay for the negroes, and make no compensation for the injury that the owners may sustain from not having any means of cultivating their estates, you will give them nothing like a just compensation. If you direct the stream from a mill, do you compensate the owner by paying him for the water, without giving anything for the mill, which the taking of the water has rendered useless ?

... It is not only the right but the duty of both branches of the Legislature not to vote for the imposition of any new burden on the people, until they are satisfied that the money voted is necessary for the support of the honour or interest of the nation. ...

In that answer of my Noble Friend to the Noble Duke, he seems to admit that so much sugar will not be produced in our colonies after the emancipation of the slaves as now. Indeed, if that is not expected, where is the ground for compensation? But I must tell my Noble and Learned Friend, that although the same quantity of sugar should be consumed in Great Britain, and the duties on importation be the same as they are at present, if sugar is not cultivated in our islands the revenue must be diminished. The lands in these colonies can be used for no other purpose but the cultivation of sugar. If sugar cannot be cultivated on them they will be useless to their owners, and the compensation proposed to be granted for the loss of their slaves is nothing like an equivalent. The proposing such a compensation is offering them an insult at the moment that you are accomplishing their ruin. They will have nothing to export to Great Britain, and they will be unable to pay for any imports from Great Britain. ...

As to the refusal of the colonial legislatures to emancipate slaves, was it ever proposed to them to make them a compensation for this sacrifice of the property of their constituents? No such proposition was ever made to them, and they have, therefore, done right in refusing to pass a law which would have the effect of making their constituents bear the whole loss that must attend the measure. If the 20,000,000£ be anything like a fair compensation for the loss they must sustain in one part of their property, and the danger they are in of having all their property rendered of no value, I am persuaded they will emancipate the slaves. It is unjust to them to propose these resolutions to Parliament before any offer of compensation has been made to the colonists.
'The Debates in Parliament, Session 1833 - on the Resolutions and Bill for the Aboliton of Slavery in the British Colonies'

Upvote:3

The 1833 act required the payment of compensation and there was probably not the political will in 1837 to go back on that

The other answers have covered what the political arguments around slavery were at the time, I'll instead look at the Parliamentary mechanics behind the payment of compensation.

Most immediately, the 1833 act required the payment of compensation to (ex-) slave owners, specifically:

'WHEREAS divers Persons are holden in Slavery within divers of His Majesty's Colonies, and it is just and expedient that all such Persons should be manumitted and set free, and that a reasonable Compensation should be made to the Persons hitherto entitled to the Services of such Slaves for the Loss which they will incur

The fact that a significant proportion of the 1833 act is concerned with the payment of compensation suggests that it was a significant issue for many in Parliament and so it is likely the act may not have passed without this provision.

In theory, Parliament in 1837 could have amended the 1833 act to remove compensation. However, it appears there was no political will to do so. By 1837 the (mostly overtly abolitionist) Whig majority in the commons had been reduced, whilst the composition of the Lords will have been largely unchanged. Thus, it is reasonable to assume that the 1837 Parliament was, if anything, less opposed to the interests of ex-slave owners than their predecessors in 1833.

Upvote:7

To quote from The Prince by Nicolo Machiavelli

Nevertheless a prince ought to inspire fear in such a way that, if he does not win love, he avoids hatred; because he can endure very well being feared whilst he is not hated, which will always be as long as he abstains from the property of his citizens and subjects and from their women. But when it is necessary for him to proceed against the life of someone, he must do it on proper justification and for manifest cause, but above all things he must keep his hands off the property of others, because men more quickly forget the death of their father than the loss of their patrimony. The Prince

Upvote:11

I think the compensation is simple to understand with two basic facts in mind. First, in the eyes of British elites at the time, slaves were considered "property". It would have been far more radical to take away this "property" without compensating people who were widely considered legitimate "owners". (I completely disagree with Pieter's comment that compensation was "the right thing to do", but this is presumably what he is referring to.) Second, many of the recipients of the compensation were politically connected. In fact, according to this article in The Independent at least two of the recipients of compensation were themselves MPs.

Upvote:61

To safeguard legal system and rule of law

While it may sound strange to us, slavery was considered as something usual and almost natural for a long time during human history. This is especially true considering Blacks, who were deemed to be less intelligent, primitive and savage, and had to be "under care" of White Christians. As we could see from this study, laws about slavery were developed gradually, and codification of slave status, gradual differentiation between Black slaves held for life and White indentured servants, was a long process.

In that period of time, buying and selling slaves was not considered to be immoral. Recent case of Edward Colston, who was a slave trader, but also by all accounts very decent man, good Christian and philanthropist, illustrates that. Idea that slavery could be immoral appeared in earnest only in late 18th and early 19th century. Yet, even in those last days of legal slavery in British empire, it was not illegal to own slaves and legally they were property. Slave owners more often than not were upstanding citizens, backbones of the society.

At the time we are talking about, Britain took pride in its rule of law. British abhorred excesses of French Revolution, and tried to build society that protects private property from usurpation of the state. They simply didn't want society where all powerful government could take your possessions on a whim, without you breaking some prior law. And, as said before, slave owners where not criminals under British law. They had legal possession of slaves, which was now abolished. Therefore, there was a obligation on part of the state to compensate them for their lost property. Otherwise, whole affair would be revolutionary and could create precedent. Today the slaves, tomorrow land and other real estate, money etc ...

More post

Search Posts

Related post