One of most important speeches of all time and one of the most inspirational I've ever read...
This phrase was used by the chief justice in response to the following speech by William Wilberforce MP. The speech was given condemning the slave trade, delivered in the House of Commons on 12 May 1789.
Fiat Justitia Ruat Caelum!!!
"Let justice be done though the heavens fall."
In opening, concerning the nature of the slave trade, I need only observe that it is found by experience to be just such as every man who uses his reason would infallibly conclude it to be. For my own part, so clearly am I convinced of the mischiefs inseparable from it, that I should hardly want any further evidence than my own mind would furnish, by the most simple deductions. Facts, however, are now laid before the House. A report has been made by his majesty’s privy council, which, I trust, every gentleman has read, and which ascertains the slave trade to be just as we know. What should we suppose must naturally be the consequence of our carrying on a slave trade with Africa? With a country vast in its extent, not utterly barbarous, but civilized in a very small degree? Does any one suppose a slave trade would help their civilization? Is it not plain that she must suffer from it; that civilization must be checked; that her barbarous manners must be made more barbarous; and that the happiness of her millions of inhabitants must be prejudiced with her intercourse with Britain? Does not every one see that a slave trade carried on around her coasts must carry violence and desolation to her very center? That in a continent just emerging from barbarism, if a trade in men is established, if her men are all converted into goods, and become commodities that can be bartered, it follows they must be subject to ravage just as goods are; and this, too, at a period of civilization, when there is no protecting legislature to defend this, their only sort of property, in the same manner as the rights of property are maintained by the legislature of every civilized country.
We see then, in the nature of things, how easily the practises of Africa are to be accounted for. Her kings are never compelled to war, that we can hear of, by public principles, by national glory, still less by the love of their people. In Europe it is the extension of commerce, the maintenance of national honor, or some great public object, that is ever the motive to war with every monarch; but, in Africa, it is the personal avarice and sensuality of their kings. These two vices of avarice and sensuality, the most powerful and predominant in natures thus corrupt, we tempt, we stimulate in all these African princes, and we depend upon these vices for the very maintenance of the slave trade. Does the king of Barbessin want brandy? He has only to send his troops, in the night-time, to burn and desolate a village; the captives will serve as commodities, that may be bartered with the British trader.
The slave trade, in its very nature, is the source of such kind of tragedies; nor has there been a single person, almost, before the privy council, who does not add something by his testimony to the mass of evidence upon this point. Some, indeed, of these gentlemen, and particularly the delegates from Liverpool, have endeavored to reason down this plain principle; some have palliated it; but there is not one, I believe, who does not more or less admit it. Some, nay most, I believe, have admitted the slave trade to be the chief cause of wars in Africa.
Having now disposed of the first part of this subject, I must speak of the transit of the slaves to the West Indies. This, I confess, in my own opinion, is the most wretched part of the whole subject. So much misery condensed in so little room is more than the human imagination had ever before conceived. I will not accuse the Liverpool merchants. I will allow them, nay, I will believe them, to be men of humanity; and I will therefore believe, if it were not for the multitude of these wretched objects, if it were not for the enormous magnitude and extent of the evil which distracts their attention from individual cases, and makes them think generally, and therefore less feelingly on the subject, they never would have persisted in the trade. I verily believe, therefore, if the wretchedness of any one of the many hundred negroes stowed in each ship could be brought before their view, and remain within the sight of the African merchant, that there is no one among them whose heart would bear it.
Let any one imagine to himself six or seven hundred of these wretches chained two and two, surrounded with every object that is nauseous and disgusting, diseased, and struggling under every kind of wretchedness! How can we bear to think of such a scene as this? One would think it had been determined to heap on them all the varieties of bodily pain, for the purpose of blunting the feelings of the mind; and yet, in this very point (to show the power of human prejudice), the situation of the slaves has been described by Mr. Norris, one of the Liverpool delegates, in a manner which I am sure will convince the House how interest can draw a film over the eyes, so thick that total blindness could do no more; and how it is our duty therefore to trust not to the reasonings of interested men, nor to their way of coloring a transaction.
“Their apartments,” says Mr. Norris, “are fitted up as much for their advantage as circumstances will admit. The right ankle of one, indeed, is connected with the left ankle of another by a small iron fetter, and if they are turbulent, by another on their wrists. They have several meals a day—some of their own country provisions, with the best sauces of African cookery; and by the way of variety, another meal of pulse, etc., according to European taste. After breakfast they have water to wash themselves, while their apartments are perfumed with frankincense and lime juice. Before dinner they are amused after the manner of their country. The song and the dance are promoted,” and, as if the whole were really a scene of pleasure and dissipation, it is added that games of chance are furnished. “The men play and sing, while the women and girls make fanciful ornaments with beads, with which they are plentifully supplied.” Such is the sort of strain in which the Liverpool delegates, and particularly Mr. Norris, gave evidence before the privy council. What will the House think when, by the concurring testimony of other witnesses, the true history is laid open? The slaves, who are sometimes described as rejoicing at their captivity, are so wrung with misery at leaving their country, that it is the constant practise to set sail in the night, lest they should be sensible of their departure. The pulse which Mr. Norris talks of are horse beans; and the scantiness of both water and provision was suggested by the very legislature of Jamaica, in the report of their committee, to be a subject that called for the interference of Parliament.
Mr. Norris talks of frankincense and lime juice: when the surgeons tell you the slaves are stored so close that there is not room to tread among them; and when you have it in evidence from Sir George Young, that even in a ship which wanted two hundred of her complement, the stench was intolerable. The song and the dance are promoted, says Mr. Norris. It had been more fair, perhaps, if he had explained that word “promoted.” The truth is, that for the sake of exercise, these miserable wretches, loaded with chains, oppressed with disease and wretchedness, are forced to dance by the terror of the lash, and sometimes by the actual use of it. “I,” says one of the other evidences, “was employed to dance the men, while another person danced the women.” Such, then, is the meaning of the word “promoted”; and it may be observed, too, with respect to food, that an instrument is sometimes carried out in order to force them to eat, which is the same sort of proof how much they enjoy themselves in that instance also.
As to their singing, what shall we say when we are told that their songs are songs of lamentation upon their departure which, while they sing, are always in tears, insomuch that one captain (more humane as I should conceive him, therefore, than the rest) threatened one of the women with a flogging, because the mournfulness of her song was too painful for his feelings. In order, however, not to trust too much to any sort of description, I will call the attention of the House to one species of evidence, which is absolutely infallible. Death, at least, is a sure ground of evidence, and the proportion of deaths will not only confirm, but, if possible, will even aggravate our suspicion of their misery in the transit. It will be found, upon an average of all ships of which evidence has been given at the privy council, that exclusive of those who perish before they sail, not less than twelve and one-half per cent perish in the passage. Besides these, the Jamaica report tells you that not less than four and one-half per cent die on shore before the day of sale, which is only a week or two from the time of landing. One-third more die in the seasoning, and this in a country exactly like their own, where they are healthy and happy, as some of the evidences would pretend. The diseases, however, which they contract on shipboard, the astringent washes which are to hide their wounds, and the mischievous tricks used to make them up for sale, are, as the Jamaica report says—a most precious and valuable report, which I shall often have to advert to—one principal cause of this mortality. Upon the whole, however, here is a mortality of about fifty per cent, and this among negroes who are not bought unless quite healthy at first, and unless (as the phrase is with cattle) they are sound in wind and limb.
When we consider the vastness of the continent of Africa; when we reflect how all other countries have for some centuries past been advancing in happiness and civilization; when we think how in this same period all improvement in Africa has been defeated by her intercourse with Britain; when we reflect that it is we ourselves that have degraded them to that wretched brutishness and barbarity which we now plead as the justification of our guilt; how the slave trade has enslaved their minds, blackened their character, and sunk them so low in the scale of animal beings that some think the apes are of a higher class, and fancy the orang-outang has given them the go-by. What a mortification must we feel at having so long neglected to think of our guilt, or attempt any reparation! It seems, indeed, as if we had determined to forbear from all interference until the measure of our folly and wickedness was so full and complete; until the impolicy which eventually belongs to vice was become so plain and glaring that not an individual in the country should refuse to join in the abolition; it seems as if we had waited until the persons most interested should be tired out with the folly and nefariousness of the trade, and should unite in petitioning against it.
Let us then make such amends as we can for the mischiefs we have done to the unhappy continent; let us recollect what Europe itself was no longer ago than three or four centuries. What if I should be able to show this House that in a civilized part of Europe, in the time of our Henry VII., there were people who actually sold their own children? What if I should tell them that England itself was that country? What if I should point out to them that the very place where this inhuman traffic was carried on was the city of Bristol? Ireland at that time used to drive a considerable trade in slaves with these neighboring barbarians; but a great plague having infested the country, the Irish were struck with a panic, suspected (I am sure very properly) that the plague was a punishment sent from heaven for the sin of the slave trade, and therefore abolished it. All I ask, therefore, of the people of Bristol is, that they would become as civilized now as Irishmen were four hundred years ago. Let us put an end at once to this inhuman traffic—let us stop this effusion of human blood.
The true way to virtue is by withdrawing from temptation; let us then withdraw from these wretched Africans those temptations to fraud, violence, cruelty, and injustice, which the slave trade furnishes. Wherever the sun shines, let us go round the world with him, diffusing our benevolence; but let us not traffic, only that we may set kings against their subjects, subjects against their kings, sowing discord in every village, fear and terror in every family, setting millions of our fellow creatures a-hunting each other for slaves, creating fairs and markets for human flesh through one whole continent of the world, and, under the name of policy, concealing from ourselves all the baseness and iniquity of such a traffic.
It will appear from everything which I have said, that it is not regulation, it is not mere palliatives, that can cure this enormous evil. Total abolition is the only possible cure for it. The Jamaica report, indeed, admits much of the evil, but recommends it to us so to regulate the trade that no persons should be kidnapped or made slaves contrary to the custom of Africa. But may they not be made slaves unjustly, and yet by no means contrary to the custom of Africa? I have shown they may, for all the customs of Africa are rendered savage and unjust through the influence of this trade; besides, how can we discriminate between the slaves justly and unjustly made? Or, if we could, does any man believe that the British captains can, by any regulation in this country, be prevailed upon to refuse all such slaves as have not been fairly, honestly, and uprightly enslaved? But granting even that they should do this, yet how would the rejected slaves be recompensed? They are brought, as we are told, from three or four thousand miles off, and exchanged like cattle from one hand to another, until they reach the coast. We see then that it is the existence of the slave trade that is the spring of all this infernal traffic, and that the remedy can not be applied without abolition.
And, sir, when we think of eternity, and of the future consequences of all human conduct, what is there in this life that should make any man contradict the dictates of his conscience, the principles of justice, the laws of religion, and of God? Sir, the nature and all the circumstances of this trade are now laid open to us; we can no longer plead ignorance, we can not evade it; it is now an object placed before us, we can not pass it; we may spurn it, we may kick it out of our way, but we can not turn aside so as to avoid seeing it; for it is brought now so directly before our eyes that this House must decide, and must justify to all the world, and to their own consciences, the rectitude of the grounds and principles of their decision.
-- Kalingaa...
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