Book contents
9 - Enslaving
Facies Hippocratica
Published online by Cambridge University Press: 05 June 2012
Summary
Slavery is all but death.
Alberico Gentili, De Iure Belli Libri Tres (1598)[The slave] can know law only as an enemy.
William Goodell, The American Slave Code in Theory and Practice (1853)Wherefore hear the word of the LORD, ye scornful men, that rule this people which is in Jerusalem. Because ye have said, We have made a covenant with death, and with hell are we at agreement; when the overflowing scourge shall pass through, it shall not come unto us: for we have made lies our refuge, and under falsehood have we hid ourselves: Therefore thus saith the Lord GOD, Behold, I lay in Zion for a foundation a stone, a tried stone, a precious corner stone, a sure foundation: he that believeth shall not make haste. Judgment also will I lay to the line, and righteousness to the plummet; and the hail shall sweep away the refuge of lies, and the waters shall overflow the hiding place. And your covenant with death shall be disannulled, and your agreement with hell shall not stand; when the overflowing scourge shall pass through, then ye shall be trodden down by it.
Isaiah 28: 14–18At the beginning, the fate of English mainland colonizing had balanced upon twinned conceptual structures. A legal anthropology of civility and barbarity had sustained initial claims of imperium and dominium, justifying occupation and government of alien lands. A discourse of “commoditie” had spoken simultaneously of the use and improvement of those lands. The labor of transformation that all this envisaged had reinforced English justifications for keeping.
Colonizers’ actual capacities to make productive use of mainland resources depended upon the development of markets – markets in products, obviously, but also in land and labor. Initiated in the colonizer’s first acts of intrusion, markets widened and deepened over the course of the seventeenth century as the accumulation of voyages, projects, and plans collectively bound the mainland into the transoceanic networks of adventure and return that were creating the English Atlantic world. Even as seigneurial proprietorship succeeded corporatized commerce in the English model, colonizers’ retention and extension of their hold on the mainland remained a function of their capacity to commoditize an ever-wider array of action.
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- Freedom BoundLaw, Labor, and Civic Identity in Colonizing English America, 1580–1865, pp. 401 - 508Publisher: Cambridge University PressPrint publication year: 2010