As I would not wish convicts to lay the foundations of an empire, I think they should ever remain separated from the garrison, and other settlers that may come from Europe, and not be allowed to mix with them, even after the 7 or 14 years for which they are transported may be expired. The laws of this country will, of course, be introduced in [New] South Wales, and there is one that I would wish to take place from the moment his Majestyâs forces take possession of the country: That there can be no slavery in a free land, and consequently no slaves.1
Phillipâs assertion may at first sight appear odd, given that at the time he wrote Britain was the worldâs leading slave-trading nation and was not to abolish the trade for another twenty years (1807). The practice of slavery itself was not to be outlawed across the British empire until 1833, forty-five years after the colonization of New South Wales. The British had first entered the Atlantic slave trade during the sixteenth century, and subsequently transformed it, enlisting state naval and military resources to protect the trade from rivals and the threat of revolt. During the 1640s, the British began to develop the sugar industry in Barbados, requiring vast amounts of labour. Its most intense phase constituted the âtriangular tradeâ, which involved European ships taking goods to Africa to buy slaves, then transporting enslaved Africans from Central and West Africa to the plantation societies of the Americas (the Caribbean, the American South and Iberian America), before returning to Europe with slave-grown products such as sugar, tobacco and cotton. By the time the British ended their own slave trade in 1807, they had shipped 3.25 million Africans across the Atlantic.2
So what did Phillip mean by the âlaws of this countryâ, and what did he know of slavery? Phillip himself, like many British sailors, had observed slavery at first hand on a tour of duty to the Caribbean between 1760 and 1762 as a junior naval officer, when he had visited Spanish and British slave plantations in Jamaica, the Leeward Islands and Cuba. He had also served in the Portuguese navy between 1774 and 1778, fighting in Brazil against Spain in the Third ColĂłnia War. At this time, Brazil was a depository for degredados or convicts, and ColĂłnia itself had become a place of secondary punishment; Brazilian society was permeated by slavery at all levels and in every province, providing labour for its sugar plantations, gold fields, and households and ranches.3 Phillip probably shared the general view that the condition of slavery did not exist under English law, promulgated following the landmark Somersett Case, and often considered to mark the unofficial beginning of the abolition movement. In 1771, James Somersett, a slave who had escaped in England from his American owner, approached campaigner Granville Sharp seeking to prevent his forcible return to slavery. Granville and his allies sought a writ of habeas corpus (legal justification of detention) from Lord Mansfield, Chief Justice of the Court of Kingâs Bench, to obtain Somersettâs freedom. Mansfield ruled that âthe state of slavery is of such a nature, that it is incapable of being now introduced by justice upon mere reasoning ⌠it must take its rise from positive lawâ. He thus created a new legal framework for slavery in determining that chattel slavery had no basis in common law in England and Wales.4 The emergence of these new ideas also prompted counter arguments, intensifying the politics of what we now term âraceâ. Slave-owner Edward Longâs 1774 History of Jamaica represented the biological extreme, making the polygenist argument that ânegroâ and âwhiteâ constituted distinct species.5
Phillip may also have known about the horrifying case of the Zong, which contributed to the growing public profile of the anti-slavery movement. In 1781, Captain Collingwood of the slave ship Zong, sailing from west Africa, had thrown 133 sick slaves overboard, and when the ship reached Jamaica, its owners claimed their insurance value. The insurers refused to pay, and a trial resulted in a finding for the slave-owners. Freed man Olaudah Equiano went to Sharp, and with the insurers they brought a motion for a new trial, heard by Mansfield in July 1783. In his opening remarks, Mansfield reminded the court that âthe case of slaves was the same as if Horses had been thrown overboardâ; after a two-day hearing, however, he recommended a new trial, which the slavers never dared to bring. Despite the caseâs limited legal and public impact at the time â it was not circulated widely in newspapers, for example â it quickly became a symbol of the terror of the Middle Passage, and subsequently an icon of public memory.6 In the same year, a group of Quakers or the Religious Society of Friends, forerunners of the formal British anti-slavery movement, founded an abolitionist organization and introduced a bill to Parliament to abolish the trade. Also in 1783, Beilby Porteous, Bishop of Chester (and soon to be Bishop of London), delivered a famous sermon at the church of St Mary-le-Bow, Cheapside, in which he challenged the Church of England to address the plight of 350 slaves on its Codrington Plantations in Barbados.7
During the tumultuous decade of change sandwiched between the American Revolution (1775â1783) and the French (1789â1799) and Haitian (1791â1804) revolutions, debates about slavery, penal discipline and transportation intersected in important ways, as administrators grappled with governing a growing empire. The emerging anti-slavery movement enhanced popular views of Britainâs unique commitment to liberty at a time when conflict with America had called it into question, so making abolitionism âan emblem of national virtueâ.8 As William Blackstoneâs Commentaries on the Laws of England (1765â1769) asserted, freedom was âthe singular frame and polity of that land, which is governed by this system of laws. A land, perhaps the only one in the universe, in which political or civil liberty is the very end and scope of the constitutionâ, and where âthis political or civil liberty ⌠falls little short of perfection, and can only be lost or destroyed by the folly or demerits of its ownerâ.9 The slave trade debates combined the language of reform and the rhetoric of nation to define liberty against colonial tyranny and inhumanity and associate freedom with Englishness.10 A key insight of Christopher Brownâs landmark study Moral Capital was that the movement that emerged in 1783 was contingent upon its political usefulness within the dynamic of transatlantic politics, after the loss of the American colonies and the crisis of empire that it engendered. Brown argues that the coalescence of Anglican evangelical and Quaker concerns in the Revolutionary era marked a turning point in both British and American responses to slavery, by defining complicity in slavery as proof of collective vice, and opposition as virtue. This transformation of the political and cultural significance of anti-slavery allowed proponents to accrue moral prestige, as a resource that could be powerfully mobilized to serve intellectual, cultural and emotional purposes, and strategically benefit other projects.11
By defining slavery as âun-Britishâ, the Somersett decision and anti-slavery ideology more broadly vindicated English law and tradition. As David Brion Davis argued, a âdenunciation of colonial slavery therefore implied no taste for a freer or more equal society. On the contrary, much of the early British anti-slavery writing reveals an almost obsessive concern with idealizing hierarchical orderâ.12 From at least the 1770s, radicals and pro-slavery advocates pointed out the seeming blindness of abolitionists to workersâ treatment in Britain. Long argued in his History that âslaves are better off than the lowest classes in Britainâ, comparing the happy situation of West Indian slaves with the wretched state of white British labourers and indentured apprentices.13 Similarly, Jamaican planter and slave-trader Gilbert Francklyn suggested that restraints upon the âpersonal libertyâ of some people were necessary for the peace of society as a whole and warned of revolution. Taking his attack to the metropolis, he argued that abolitionists should look to their own society first, asking âwhether any society, or community, can, with justice, make laws in restraint of personal liberty, which do not press equally on all its members?â, cautioning against âtoo nice and critical an enquiry into the exact portion of each manâs particular libertyâ.14 The coevalness of transportation an...