SINS OF OMISSION Roger D. McGrath
Getting Real About Reparations

The call for slavery reparations

is reverberating throughout the land once
again. It will be entertaining to watch the
Democratic presidential candidates for
2020 position themselves on this topic.
They must know the very idea is irrational
and entirely impractical, but at the same
time they will worry that one candidate or
another will endorse the idea and leave
them outflanked.

New Jersey Sen. Cory Booker has already
introduced a bill that would create
a commission to study the issue of reparations.
Massachusetts Sen. Elizabeth Warren
likes the idea of reparations not only
for American blacks but also, not surprisingly,
for American Indians.

She must be
counting on her share of the largesse for
her possible 1/1024th Cherokee heritage.
California Sen. Kamala Harris thinks reparations
might be a course of action to help
lift blacks out of poverty. Former Texas Rep.
Robert “Beto” O’Rourke, like Cory Booker,
wants a commission to study the issue.
Former San Antonio mayor Julián Castro
is out in front of them all, declaring
monetary reparations should be issued to
those who have slave ancestors.

“If underthe Constitution we compensate people because
we take their property, why wouldn’t
you compensate people who actually were
property?” he asked CNN host Jake Tapper.
There’s a tacit assumption in all this: The
U.S. government—i.e., the American taxpayer—
is the one who should be paying the
reparations. The U.S. government, however,
never owned any slaves. Moreover, the
U.S. government fought a war, though not
initiated to abolish slavery, which ended
the evil practice. The casualty figures for
the Union forces are staggering, upwards
of 400,000 killed and probably 300,000
wounded. Now descendants of these dead
and maimed soldiers are, through taxation,
supposed to pay descendants of the slaves
freed by those same soldiers.

Black slavery was established in North
America long before there was a United
States. The U.S. didn’t come into being until
1788 when the Constitution was ratified.
People who talk about “250 years of
slavery,” whether they know it or not, are
not talking about the United States. Slavery
existed in the United States for only
77 years. Before that was the brief period
of the Confederation government and the
Continental Congress, and before that we
were the British North American colonies.
The 250-year claim comes from the sale
of a handful of African slaves in 1619 in the
British colony of Virginia. The slaves were
sold by the captain of an English privateer,
sailing under Dutch authority, which intercepted
and captured a Portuguese slave ship
in the Caribbean en route from Africa to
Mexico. The captain knew better than to try
to sell the slaves at an island port in the Caribbean
and instead sailed north to Virginia.

But this was not a typical event.
European slavers normally purchased
slaves at a port in equatorial West Africa
from a tribal chieftain in exchange for rum
and other European trading goods. Africans
most often were enslaved as a consequence
of losing a war to a more powerful
tribe or being captured in a raid—or being
sold by their own families to cover debts.
One could say European slave traders, and
later Americans, who were engaged in the
despicable business never enslaved anyone
but merely changed the location of enslavement.
Logic would therefore suggest that
reparations be sought from the descendants
of the more powerful tribes of equatorial
West Africa, who attacked and enslaved
their weaker neighbors mercilessly.

The best evidence suggests Africans
had been enslaving each other for thousands
of years by the time Europeans arrived
on African shores. By then, Arabs
had been trading for slaves from equatorial
West Africa for several hundred years.
Instead of loading slaves onto ocean-going
ships, Arab slavers took them up the
Niger River or on overland trails to Timbuktu,
the point of departure for caravans
that crossed the Sahara Desert to Egypt
and other points east.

Europeans transported slaves in the opposite
direction, westward across the Atlantic
to South America, especially Brazil,
and to the Caribbean and Central America.
Only a small minority of the slaves came
to the British North American colonies.
Yet, the largest population of blacks in the
Western Hemisphere today is in the U.S.
There’s a reason for that. The voyage to
Brazil was relatively quick and easy, making
slaves there fairly inexpensive, which
meant they were expendable. The opposite
was the case for the voyage to Virginia.
Slaves were expensive and became more so
when American participation in the international
slave trade was ended in 1808, as
required by the Constitution. Slaves were
far better fed, clothed, housed, and treated
medically on these shores than they were
in other places, particularly Brazil, simply
because an owner would lose a bundle of
money should a slave die.

None of this is to condone or justify
slavery in the American colonies or later
in the U.S., but it is to say that the treaties
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Roger D. McGrath SINS OF OMISSION
ment of slaves varied greatly in the Americas,
and given the abominable institution,
the planters of the Old South were generally
far more concerned with the welfare of
their slaves than were their counterparts
elsewhere. This concern did not extend
to white laborers, who were hired when a
job was considered too exhausting or too
dangerous for a black slave.

Frederick Law Olmstead, the architect
of New York’s Central Park, traveled
throughout the South on the eve of the
Civil War and was surprised to find, again
and again, that Irishmen were used instead
of slaves for the work of draining swampland,
felling trees, digging ditches, quarrying
rock, and clearing forests because “it
was much better to have Irish do it, who
cost nothing to the planter if they died,
than to use up good field-hands in such
severe employment.”

At a landing on the Alabama River,
Irish deckhands caught and stowed heavy
bales of cotton after they had come hurtling
down a long chute from a towering
bluff. When Olmstead asked why slaves
were not doing the work, the ship’s captain
replied, “The niggers are worth too much to
be risked here; if the Paddies are knocked
overboard, or get their backs broke, nobody
loses anything!”

The death rate among Irish laborers
was shocking and had been for several decades
before Olmstead toured the South.
The New Basin Canal, which connected
New Orleans and Lake Pontchartrain, was
built by Irish labor during the 1830’s. The
Irish workmen dug the canal with hand
shovels, excavating more than half a million
cubic yards of earth. Lacking dynamite,
they used axes to fell huge bald cypress
trees along the route. They were paid
$20 a month and given room and board.
Tyrone Power, a famous Irish actor of
the period, visited his countrymen and described
the scene in 1834, saying he found:
…hundreds of fine fellows labouring
here beneath a sun that at this
winter season was at times insufferably
fierce, and amidst a pestilential
swamp whose exhalations
were fetid to a degree scarcely endurable
even for a few moments …
mid-deep in black mud … bearing
burdens it made one’s shoulders
ache to look upon; exposed meantime
to every change of temperature,
in log huts, laid down in the
very swamp. … Here they subsist
on the coarsest fare … often at the
mercy of a hard contractor, who
wrings his profits from their blood.
More than 10,000—some estimates put
the number as high as 30,000—Irish workers
died in the process. They died of cholera.
They died of yellow fever. They died of
alligator attacks. They died of water-moccasin
bites. They died in accidents. They
were buried where they fell, often in mass
graves.

White privilege.

Meanwhile, there were more than a
quarter-million free blacks in the South
and nearly 4,000 of them were slave masters
who owned more than 20,000 black
slaves. William Ellison, only one of several
hundred black slaveholders in South Carolina,
owned 63 slaves as recorded in the
U.S. Census of 1860. In Charleston, 125 free
blacks were slaveholders, and in Charleston
City, the port city for Charleston, the
largest owner of slaves was a black woman.
Black partners Justus Angel and Mistress
Horry owned 84 slaves each and were
notorious for slave trading. In neighboring
North Carolina, 69 blacks were slaveholders.
The most prominent of them was
John Stanly, who owned three plantations
and 163 slaves.

One of dozens of black slave masters in
Maryland, Nat Butler owned a farm but
made his real money from slave trading.
He lured runaway slaves to his farm and
then, depending on the size of the reward,
either returned them to their owner or sold
them to plantations in the Deep South.
The largest concentration of black slave
owners was in Louisiana. Marie Metoyer
owned 287 slaves and more than 1,000
acres of land. The widow C. Richards and
her son P.C. Richards had 152 slaves working
their sugar plantation. Antoine Dubuclet
had 100 slaves on his sugar plantation.
Cotton planter Auguste Donatto owned
70 slaves, as did Antoine Decuire. Verret
Polen owned 69. Dozens of other blacks
owned 30 or more slaves.

Every one of the 13 states and most of
the major cities that would become part
of the Confederacy had substantial numbers
of black slaveowners. New Orleans
by both numbers and by proportion had
the most. A staggering 28 percent of free
blacks in the Crescent City owned slaves.
With the Civil War imminent, free blacks
in New Orleans pledged their support of
the Confederacy, declaring:
The free colored population of Louisiana
… own slaves, and they are
dearly attached to their native land
… and they are ready to shed their
blood for her defense. They have
no sympathy for abolitionism; no
love for the North, but they have
plenty for Louisiana. … They will
fight for her in 1861 as they fought
in 1814-1815.

Black slave masters are omitted from
most textbooks in American history or
mentioned only as having bought a family
member to free him. That occurred, but
only in a minority of cases. Moreover, if
that were the intention of the black slaveholder,
why was the family member not
immediately manumitted but instead listed
as a slave in census data?
Also, regularly omitted in discussions
of American slavery is the person who established
the precedent for it all: Anthony
Johnson. He was one of those slaves sold
in 1619 in Virginia. By law, though, he was
sold as an indentured servant. When he
had served his term of indenture, he was
freed and awarded with land. He became a
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successful tobacco farmer and bought indentured servants, both black and white, to work his land. When he refused to release black field hand John Casor from indenture, a white neighbor, for whom Casor wanted to work, supported Casor in suing for his freedom. Johnson argued Casor had never signed a contract of indenture but had always been a slave, and therefore Johnson was under no obligation to release him. In 1654 the court decided in Johnson’s favor, making him—a former black slave from Africa—the first legal slaveholder in the American colonies.

If blacks owned thousands of black slaves so, too, did American Indians. By the middle of the 1700s, various tribes, especially the Five Civilized Tribes of the Southeast, began to acquire black slaves. By the end of the century the Cherokee owned nearly a thousand and the Creek, Seminole, Choctaw, and Chickasaw several thousand more. The numbers grew sharply during the early nineteenth century. When the tribes were removed to Indian Territory, mostly during the 1830s, they took thousands of black slaves with them.
Accompanying the Cherokee on their “Trail of Tears” were some 2,000 black slaves. They were put to work on Cherokee farms in the new tribal home, raising cotton, corn, and garden crops, and tending hogs and cattle. “As far as they are able … even the very poor Indians will manage to get possession of one or two negroes to perform their heavy work,” noted Henry C. Benson, a Methodist minister to the newly relocated Indians. “Indians are known to cherish an invincible disgust for manual labor.”

The tribes enacted their own slave codes that grew progressively harsher as the years of the 19th century passed. The Cherokee constitution of 1827, for example, prohibited slaves from owning property, selling goods, marrying Indians, voting, or consuming alcohol. The Cherokee subsequently adopted laws that prohibited teaching blacks to read, instituted the death penalty for a slave who raped a Cherokee, and prohibited free blacks from living within the Cherokee Nation. Slaveholders were given great latitude in dealing with their chattel property. While some masters were lenient, others were brutal. One Cherokee buried a slave alive as punishment for robbery. Other slaves were beaten to death or maimed as punishment. After a black slave killed his Choctaw master in a conspiracy of sorts, the slave and his aunt, also a slave, were tied to a wood pile and burned to death.

The Five Civilized Tribes cooperated fully with the enforcement of the fugitive slave laws, whether this meant returning slaves to white owners or to Indian slave masters. In 1842, in an organized action, some 20 black slaves stole firearms and ran away from their Cherokee owners. Stealing horses and mules along the way, they headed south into the Creek Nation and were joined by another 15 runaway slaves. The combined group came upon a white man, James Edwards, and his Delaware Indian sidekick, Billy Wilson, who were returning some runaway slaves to the Choctaw—and killed them both. Meanwhile, a force of Cherokee and Creek, in an unusual instance of cooperation, were hot on the runaways’ trail. They captured them near the Red River. Five of the slaves were later found guilty of the murders of Edwards and Wilson and put to death. The rest were returned to their owners. What punishment they suffered is unknown.

During the antebellum decade, slavery reached its peak among the Five Civilized Tribes. The Cherokee, numbering only about 20,000 themselves, owned nearly 5,000 black slaves; the Choctaw 2,500; the Creeks 2,000; and the Chickasaw and Seminole about a thousand each. To protect their slave property, the Five Civilized Tribes, except for a few dissident factions, sided with the Confederacy when the Civil War erupted. “The war now raging,” declared the Cherokee, “is a war of Northern cupidity and fanaticism against the institution of African servitude; against the commercial freedom of the South, and against the political freedom of the States.”

Nearly 20,000 Indians from the Five Civilized Tribes served in more than a dozen Indian units in the Confederate Army during the Civil War. The more prominent of the units included the Cherokee Mounted Rifles, the Thomas’ Legion of Eastern Cherokee, the Cherokee Cavalry, the Chickasaw Cavalry, the Chickasaw Infantry, the Choctaw and Chickasaw Mounted Rifles, the Choctaw Cavalry, the Creek Mounted Volunteers, and the Seminole Mounted Volunteers. In 1864 the Indian Cavalry Brigade was organized and commanded by Cherokee Nation leader Brig. Gen. Stand Watie. Watie did not surrender his brigade until June 1865, making him the last Confederate general to surrender.

American Indians not only served in the Confederate Army but also in the Confederate Congress. One of several to serve in both was Elias Cornelius Boudinot. He was a lieutenant colonel in the army, fighting in the battles of Pea Ridge, Locust Grove, and Prairie Grove, as well as the Cherokee delegate to Congress.
The 13th Amendment, ratified during the fall of 1865, abolished slavery in the U.S. as a whole but not among the Five Civilized Tribes. Although the Indians were “under the protection of the United States,” it was unclear how the Constitution applied to them. As a consequence, blacks remained as slaves in Indian Territory until July and August 1866 after the U.S. government had negotiated new treaties with the individual tribes that included specific clauses prohibiting slavery. Even then, some slaveholders among the Five Civilized Tribes didn’t comply until 1867.

Unfortunately, these complexities and uncomfortable facts of slavery in the United States are unknown to the majority of Americans today. I suspect those now talking about reparations are among them