The Complete Works in Philosophy, Politics and Morals of the late Dr. Benjamin Franklin, Vol. 2 [of 3]

On the Slave Trade[101].

Reading in the newspapers the speech of Mr. Jackson in congress, against meddling with the affair of slavery, or attempting to mend the condition of slaves, it put me in mind of a similar speech, made about one hundred years since, by Sidi Mehemet Ibrahim, a member of the divan of Algiers, which may be seen in Martin's account of his consulship, 1687. It was against granting the petition of the sect called erika, or purists, who prayed for the abolition of piracy and slavery, as being unjust.—Mr. Jackson does not quote it; perhaps he has not seen it. If therefore, some of its reasonings are to be found in his eloquent speech, it may only show, that men's interests operate, and are operated on, with surprising similarity, in all countries and climates, whenever they are under similar circumstances. The African speech, as translated, is as follows:

"Alla Bismillah, &c. God is great, and Mahomet is his prophet.

"Have these erika considered the consequences of granting their petition? If we cease our cruises against the christians, how shall we be furnished with the commodities their countries produce, and which are so necessary for us? If we forbear to make slaves of their people, who, in this hot climate, are to cultivate our lands? Who are to perform the common labours of our city, and of our families? Must we not then be our own slaves? And is there not more compassion and more favour due to us mussulmen, than to those christian dogs?—We have now above fifty thousand slaves in and near Algiers. This number, if not kept up by fresh supplies, will soon diminish, and be gradually annihilated. If, then, we cease taking and plundering the infidel ships, and making slaves of the seamen and passengers, our lands will become of no value, for want of cultivation; the rents of houses in the city will sink one half; and the revenues of government, arising from the share of prizes, must be totally destroyed.—And for what? To gratify the whim of a whimsical sect, who would have us not only forbear making more slaves, but even manumit those we have. But who is to indemnify their masters for the loss? Will the state do it? Is our treasury sufficient? Will the erika do it? Can they do it? Or would they, to do what they think justice to the slaves, do a greater injustice to the owners? And if we set our slaves free, what is to be done with them? Few of them will return to their native countries; they know too well the greater hardships they must there be subject to. They will not embrace our holy religion: they will not adopt our manners: our people will not pollute themselves by intermarrying with them. Must we maintain them as beggars in our streets; or suffer our properties to be the prey of their pillage? for men, accustomed to slavery, will not work for a livelihood, when not compelled.—And what is there so pitiable in their present condition? Were they not slaves in their own countries? Are not Spain, Portugal, France, and the Italian states, governed by despots, who hold all their subjects in slavery, without exception? Even England treats her sailors as slaves, for they are, whenever the government pleases, seized and confined in ships of war, condemned not only to work, but to fight for small wages, or a mere subsistence, not better than our slaves are allowed by us. Is their condition then made worse by their falling into our hands? no; they have only exchanged one slavery for another; and I may say a better: for here they are brought into a land, where the sun of islamism gives forth its light, and shines in full splendor, and they have an opportunity of making themselves acquainted with the true doctrine, and thereby saving their immortal souls. Those who remain at home have not that happiness. Sending the slaves home then, would be sending them out of light into darkness.

"I repeat the question, what is to be done with them? I have heard it suggested, that they may be planted in the wilderness, where there is plenty of land for them to subsist on, and where they may flourish as a free state.—But they are, I doubt, too little disposed to labour without compulsion, as well as too ignorant to establish good government: and the wild Arabs would soon molest and destroy, or again enslave them. While serving us, we take care to provide them with every thing; and they are treated with humanity. The labourers in their own countries are, as I am informed, worse fed, lodged, and clothed. The condition of most of them is therefore already mended, and requires no farther improvement. Here their lives are in safety. They are not liable to be impressed for soldiers, and forced to cut one another's christian throats, as in the wars of their own countries. If some of the religious mad bigots, who now tease us with their silly petitions, have, in a fit of blind zeal, freed their slaves, it was not generosity, it was not humanity, that moved them to the action; it was from the conscious burthen of a load of sins, and hope, from the supposed merits of so good a work, to be excused from damnation.—How grossly are they mistaken, in imagining slavery to be disavowed by the Alcoran! Are not the two precepts, to quote no more, "Masters, treat your slaves with kindness—Slaves, serve your masters with cheerfulness and fidelity," clear proofs to the contrary? Nor can the plundering of infidels be in that sacred book forbidden; since it is well known from it, that God has given the world, and all that it contains, to his faithful mussulmen, who are to enjoy it, of right, as fast as they can conquer it. Let us then hear no more of this detestable proposition, the manumission of christian slaves, the adoption of which would, by depreciating our lands and houses, and thereby depriving so many good citizens of their properties, create universal discontent, and provoke insurrections, to the endangering of government and producing general confusion. I have, therefore, no doubt that this wise council will prefer the comfort and happiness of a whole nation of true believers, to the whim of a few erika, and dismiss their petition."

The result was, as Martin tells us, that the divan came to this resolution: "That the doctrine, that the plundering and enslaving the christians is unjust, is at best problematical; but that it is the interest of this state to continue the practice is clear; therefore, let the petition be rejected."——And it was rejected accordingly.

And since like motives are apt to produce, in the minds of men, like opinions and resolutions, may we not venture to predict, from this account, that the petitions to the parliament of England for abolishing the slave-trade, to say nothing of other legislatures and the debates upon them, will have a similar conclusion.

HISTORICUS.

March 23, 1790.

Account of the highest Court of Judicature in Pensylvania, viz. The Court of the Press[102].

Power of this Court.

It may receive and promulgate accusations of all kinds, against all persons and characters among the citizens of the state, and even against all inferior courts; and may judge, sentence, and condemn to infamy, not only private individuals, but public bodies, &c. with or without enquiry or hearing, at the court's discretion.

Whose Favour, or for whose Emolument this Court is established.

In favour of about one citizen in five hundred, who, by education, or practice in scribbling, has acquired a tolerable style as to grammar and construction, so as to bear printing; or who is possessed of a press and a few types. This five hundredth part of the citizens have the privilege of accusing and abusing the other four hundred and ninety-nine parts, at their pleasure; or they may hire out their pens and press to others, for that purpose.

Practice of this Court.

It is not governed by any of the rules of the common courts of law. The accused is allowed no grand jury to judge of the truth of the accusation before it is publicly made; nor is the name of the accuser made known to him; nor has he an opportunity of confronting the witnesses against him, for they are kept in the dark, as in the Spanish court of inquisition. Nor is there any petty jury of his peers sworn to try the truth of the charges. The proceedings are also sometimes so rapid, that an honest good citizen may find himself suddenly and unexpectedly accused, and in the same morning judged and condemned, and sentence pronounced against him, that he is a rogue and a villain. Yet if an officer of this court receives the slightest check for misconduct in this his office, he claims immediately the rights of a free citizen by the constitution, and demands to know his accuser, to confront the witnesses, and to have a fair trial by a jury of his peers.

Foundation of its Authority.

It is said to be founded on an article in the state constitution, which establishes the liberty of the press—a liberty which every Pennsylvanian would fight and die for, though few of us, I believe, have distinct ideas of its nature and extent. It seems, indeed, somewhat like the liberty of the press, that felons have, by the common law of England, before conviction; that is, to be either pressed to death or hanged. If, by the liberty of the press, were understood merely the liberty of discussing the propriety of public measures and political opinions, let us have as much of it as you please; but if it means the liberty of affronting, calumniating, and defaming one another, I, for my part, own myself willing to part with my share of it, whenever our legislators shall please so to alter the law; and shall cheerfully consent to exchange my liberty of abusing others, for the privilege of not being abused myself.

By whom this Court is commissioned or constituted.

It is not by any commission from the supreme executive council, who might previously judge of the abilities, integrity, knowledge, &c. of the persons to be appointed to this great trust, of deciding upon the characters and good fame of the citizens: for this court is above that council, and may accuse, judge, and condemn it at pleasure. Nor is it hereditary, as is the court of dernier resort in the peerage of England. But any man who can procure pen, ink, and paper, with a press, a few types, and a huge pair of blacking balls, may commissionate himself, and his court is immediately established in the plenary possession and exercise of its rights. For if you make the least complaint of the judge's conduct, he daubs his blacking balls in your face wherever he meets you; and, besides tearing your private character to splinters, marks you out for the odium of the public, as an enemy to the liberty of the press.

Of the natural Support of this Court.

Its support is founded in the depravity of such minds, as have not been mended by religion, nor improved by good education.

Hence,

Whoever feels pain in hearing a good character of his neighbour, will feel a pleasure in the reverse. And of those who, despairing to rise to distinction by their virtues, are happy if others can be depressed to a level with themselves, there are a number sufficient in every great town to maintain one of these courts by their subscription. A shrewd observer once said, that in walking the streets of a slippery morning, one might see where the good-natured people lived, by the ashes thrown on the ice before the doors: probably he would have formed a different conjecture of the temper of those whom he might find engaged in such subscriptions.

Of the Checks proper to be established against the Abuses of Power in those Courts.

Hitherto there are none. But since so much has been written and published on the federal constitution; and the necessity of checks, in all other parts of good government, has been so clearly and learnedly explained, I find myself so far enlightened as to suspect some check may be proper in this part also: but I have been at a loss to imagine any, that may not be construed an infringement of the sacred liberty of the press. At length, however, I think I have found one, that, instead of diminishing general liberty, shall augment it; which is, by restoring to the people a species of liberty of which they have been deprived by our laws, I mean the liberty of the cudgel! In the rude state of society, prior to the existence of laws, if one man gave another ill-language, the affronted person might return it by a box on the ear; and if repeated, by a good drubbing; and this without offending against any law: but now the right of making such returns is denied, and they are punished as breaches of the peace, while the right of abusing seems to remain in full force; the laws made against it being rendered ineffectual by the liberty of the press.

My proposal then is, to leave the liberty of the press untouched, to be exercised in its full extent, force, and vigour, but to permit the liberty of the cudgel to go with it, pari passu. Thus, my fellow citizens, if an impudent writer attacks your reputation—dearer perhaps to you than your life, and puts his name to the charge, you may go to him as openly, and break his head. If he conceals himself behind the printer, and you can nevertheless discover who he is, you may, in like manner, way-lay him in the night, attack him behind, and give him a good drubbing. If your adversary hires better writers than himself to abuse you more effectually, you may hire brawny porters, stronger than yourself, to assist you in giving him a more effectual drubbing. Thus far goes my project, as to private resentment and retribution. But if the public should ever happen to be affronted, as it ought to be, with the conduct of such writers, I would not advise proceeding immediately to these extremities, but that we should in moderation content ourselves with tarring and feathering, and tossing them in a blanket.

If, however, it should be thought, that this proposal of mine may disturb the public peace, I would then humbly recommend to our legislators to take up the consideration of both liberties, that of the press, and that of the cudgel; and by an explicit law mark their extent and limits: and at the same time that they secure the person of a citizen from assaults, they would likewise provide for the security of his reputation.

END OF VOLUME THE SECOND.

JAMES CUNDEE, PRINTER,

Ivy-Lane, Paternoster-Row.

INDEX.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z