Category Archives: slavery

Slavery Conviction in Samoa

The Honolulu Star-Bulletin of 23 June 2005 reports on the sentencing of a man convicted of enslaving Vietnamese and Chinese workers in Samoa.

An American Samoa factory owner convicted of what federal prosecutors call the biggest “modern-day slavery” case in U.S. history was sentenced yesterday to 40 years in prison.

In February 2003 after a four-month trial, a jury here found Kil Soo Lee, 52, guilty of 14 counts, including conspiracy, involuntary servitude, extortion and money laundering. The case involved 300 Vietnamese and Chinese immigrant workers, the largest number of victims of involuntary servitude, prosecutors said.

U.S. District Judge Susan Mollway said the 40 years, which reflected consecutive terms well above the guideline range, was appropriate given the physical, psychological and financial harm the workers endured and continue to suffer to this day. Lee was facing a range of 30 years to life.

She also noted Lee showed “greed, arrogance and contempt for American law” for disregarding an order by the U.S. Department of Labor that he run a legal workplace and pay the workers back wages.

Lee recruited Chinese and Vietnamese workers, ranging from their early 20s to their 40s, to work in his factory producing garments for major U.S. retailers. The workers incurred large debts to pay export labor companies up to $5,000 each to work at Daewoosa Samoa Ltd. in Pago Pago from March 1999 to November 2000.

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The "Charter Generation" of American Slavery

Geitner Simmons of Regions of Mind has a fascinating post in response to the new PBS series on Slavery and the Making of America. He quotes from Ira Berlin’s Many Thousands Gone: The First Two Centuries of Slavery in North America (Harvard Belknap, 1998):

In regard to free blacks during that period, Berlin writes: “A considerable portion of these new arrivals — fully one-fifth in New Amsterdam, St. Augustine, and Virginia’s eastern shore — eventually gained their freedom. Some attained modest privilege and authority in mainland society.”

Of free blacks in the 17th-century Chesapeake region, he explains: “When they found the weak points, they burst the constraints of servitude, race, and impoverishment. The fluidity of colonial society, the ill-defined meaning of slavery, and the ambiguous notions of race allowed Atlantic creoles to carve a place for themselves in the Chesapeake and occasionally achieve a modest prosperity, despite the growing weight of discriminatory legislation.”

A fascinating aspect of this history involves the legal circumstances in the Chesapeake:

Like their white neighbors, free people of color were a litigious people. Throughout the 17th century, they sued and were sued with great frequency, testifying and petitioning as to their rights. Though many black men and women fell prey to the snares of Anglo-American jurisprudence — bastardy acts, tax forfeitures, and debt penalties — their failure was rarely one of ignorance, as members of the charter generation proved adept at challenging the law on its own terms and rarely abandoned a losing cause without appeal.

The rise of plantation slavery brought wide-ranging change. Berlin writes: “The touchstones of the charter generations — linguistic fluency, familiarity with the commercial practices of the Atlantic, knowledge of European conventions and institutions, and (occasionally) their partial European ancestry — vanished in the age of the plantation.”

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Gen. Sheridan’s Black Spy, 1864

The victory of the Union’s Army of the Shenandoah on 19 September 1864 at the third battle of Winchester (Opequon Creek) shattered the Confederate army in the upper Shenandoah Valley. Partial credit for the success of General Phil Sheridan was due to Thomas Laws, a Berryville, Clarke County, slave owned by prominent Winchester attorney Richard E. Byrd. Sheridan, in need of confirmation about the disposition of Confederate general Jubal Early’s 2d Corps, sent two scouts to gather military intelligence. Laws and his wife were sitting outside their cabin one Sunday evening when the pair approached and soon ascertained that the black couple lacked admiration for the Confederacy.

Discovering that Laws possessed a pass from the local Confederate commander permitting him to sell vegetables three times a week in Winchester, the scouts arranged for him to meet Sheridan personally. After the two men discussed the impending mission, Sheridan, completely convinced of Laws’s loyalty, composed a message on tissue paper to Rebecca Wright, a Unionist Quaker schoolteacher. The note was compressed into a small pellet and wrapped in tinfoil so that Laws could conceal it in his mouth to be swallowed if he was searched or captured. At worse, Wright risked imprisonment or banishment to Union lines, but for Laws death, the ancient penalty for espionage, loomed as a distinct possibility. Described as “loyal and shrewd” in Sheridan’s memoirs (the general did not mention him by name, only as “an old colored man”), Laws delivered the message without detection. Wright’s reply confirmed that Early’s forces had been substantially reduced by large transfers to Petersburg to reinforce Lee; three days later the Union achieved a major victory, but few knew that the patriotism of one Afro-Virginian had made it all possible. Afterwards Rebecca Wright was rewarded with a position in the Treasury Department in Washington; Thomas Laws died a free and respected citizen in 1898.

SOURCE: Black Confederates and Afro-Yankees in Civil War Virginia, by Ervin L. Jordan Jr. (U. Press of Virginia, 1995), p. 285

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Black Confederates as the Great White Hope

The Confederacy, in dire straits by 1864, began seriously to consider the arming of black men for its armies. Desperate times gave impetus to desperate measures and the need to exploit every possible resource. Southern whites began suggesting the forging of a new biracial military coalition, the war’s second, for the North had begun to enroll black soldiers in 1863.

Afro-Virginians had reason to assume that their situation was going to improve, however slightly. It remained to be seen if the Southern revolution’s alliance with loyal blacks would lead to legislated policies benefiting blacks and eliminating most slavery. However, Afro-Virginians were likely to comprise the majority of any Confederate States Colored Troops (CSCT). Black political and social equality in the fullest sense was an impossibility, but gaining a few minor rights was not inconceivable. Not all Southern blacks acquiesced in the belief of white supremacy, but most ascertained that their peculiar status might be ameliorated into racial coexistence….

The arming of slaves gained in popularity despite objections from Virginia’s neighbor, North Carolina, which passed resolutions denying the confederacy’s right to undertake this precarious war measure. A bill authorizing the use of black soldiers was introduced in the Confederate Congress by Ethelbert Barksdale of Mississippi and approved on 13 March 1865; ten days earlier Virginia’s General Assembly had repealed the restrictions on the bearing of arms by black soldiers after General Lee expressed his crucial need of them….

The new law established a quota of 300,000 blacks between the ages of eighteen and forty-five to be called up from Virginia and the other Confederate states. The slaves and free blacks were to be organized into companies, regiments, battalions, and brigades.

Afro-Confederate soldiers were to receive the same allowances, clothing, pay, and rations as their white counterparts. The Confederate Congress, satisfied with its work, adjourned but not before giving itself a collective pat on the back in the form of a resolution by Virginia representative Frederick W.M. Holliday commending its accomplishments. “We shall have a negro army” wrote a not-too-surprised government clerk. “It is the desperate remedy for the very desperate.”…

Accurate and balanced appraisals must take into account the potential contributions of Confederate States Colored Troops: the availability of black manpower, the potential paralysis of segments of the Union war effort due to Northern blacks being viewed as “fifth columns,” and carefully fostered divisions among black populations South and North to maintain white superiority. Blacks who wore Confederate gray have been denied or forgotten by history. Under appropriate situations the South could have mobilized them into a potent fighting force for independence, but the successful enlistment of black Confederate soldiers could have transpired only with the active participation of Afro-Virginian males, even though one suspects they were inclined to fight for Virginia rather than the Confederacy. But Virginia disregarded the gallant record of black soldiers and seamen during the Revolutionary War and the War of 1812. Many Afro-Virginians awaited a similar call to arms during the Civil War. It came too late.

SOURCE: Black Confederates and Afro-Yankees in Civil War Virginia, by Ervin L. Jordan Jr. (U. Press of Virginia, 1995), pp. 232, 237, 242, 251

P.S. General Lee surrendered at Appomattox on 9 April 1865, less than a month after the bill was enacted.

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Naipaul on W.E.B. and Booker T.

In two chapters of A Turn in the South entitled “The Truce with Irrationality” (I and II) Naipaul interviews mostly black Southerners in Tallahassee, Florida, and Tuskegee, Alabama. The title comes from Naipaul’s gloss on a literary quote.

“The most difficult (and most rewarding) thing in my life has been the fact that I was born a Negro and was forced, therefore, to effect some kind of truce with this reality.” The words by James Baldwin (among the most elegant handlers of the language) had stayed with me since I had read them, nearly thirty years before…. But now, in the South, in the middle of my own journey, I began to wonder whether the truce that every black man looked for hadn’t in fact been with the irrationality of the world around him. And the achievement of certain people began to appear grander.

Besides interviewing living people, Naipaul rereads famous works by two famous men, and examines their literary and educational legacies.

Tuskegee was still a going concern. It had a devoted community; and it still had heart. Its financial predicament was the predicament of black schools generally; and it was better off than some. Its physical condition was very far from that of Fisk University in Nashville, Tennessee, where in parts the campus looked ruined. There was a melancholy bronze statue there too, at Fisk, meant to set the seal on glory, but now seeming to watch over the ruins. The statue was of W.E.B. Du Bois, the rival and critic of Washington….

The quarrel or debate between the two men, Du Bois and Washington, both mulattoes, is famous. Du Bois might seem closer to contemporary feeling. But his best-known book, The Souls of Black Folk (1903), a collection of essays and articles, is a little mysterious….

If Booker T. Washington can make a darky joke, Du Bois can speak of “the joyous abandon and playfulness which we are wont to associate with the plantation Negro”; can say, “Even today the mass of the Negro laborers need stricter guardianship than Northern laborers”; and he can ask, “What did slavery mean to the African savage?”

But we can read through both the Du Bois way of writing and the Booker T. Washington manliness to the facts of Negro life of the time, and see the difficulty both men would have had in defining themselves, and establishing their own dignity, against such an abject background. As if in resolution of that difficulty, Du Bois’s book seems lyrical for the sake of the lyricism. It can appear to use blacks and ruined plantations as poetic properties. It deals in tears and rage; it offers no program.

In this beginning of Du Bois there was also his end. He lived very long, and towards the end of his life–facing irrationality with irrationality–he left the United States and went to live in West Africa, in Ghana, a former British colony that had in independence very quickly become an African despotism, and was soon to revert to bush and poverty, exporting labor to its neighbors.

At the very beginning of the century, in Up from Slavery, Booker T. Washington, in his late-Victorian man-of-the-world style, had cautioned against just that kind of sentimentality about Africa. “In the House of Commons, which we visited several times, we met Sir Henry M. Stanley. I talked with him about Africa and its relation to the American Negro, and after my interview with him became more convinced than ever that there was no hope of the American Negro’s improving his condition by emigrating to Africa.”

SOURCE: A Turn in the South, by V.S. Naipaul (Vintage, 1989), pp. 120, 151-153.

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Up from Slavery: "A painful coded work"

On this journey I read [Booker T. Washington’s] Up from Slavery twice. On the second reading, after I had been nearly four months in the South, I found that the book had changed for me. It became more than the fabulous story of a disadvantaged man’s rise. I began to see it as a painful coded work, making separate signals even in a single paragraph to Northerners, Southerners, and blacks.

I also began to see the book as the work of a man constantly concerned to raise funds for his school. That should have been obvious to me always, but it hadn’t been; that had been swept away by the power of the fable. Below that primary appeal, however, there were others: the man of the world appealing knowledgeably to the very rich on behalf of the wretched, representing himself as honorable and worthy and manly and educated; yet at the same time taking care to do the contrary thing, and making it clear that as a black man he knew his place.

Hence his confident, socially knowing talk, like any solid late-nineteenth-century citizen, of the “best people” and the “vices” of “the lower class of people.” But he is mortified when, on a train journey from Augusta to Atlanta in Georgia, in a Pullman car “full of Southern white men,” two ladies from Boston, “ignorant, it seems, of the customs of the South,” insist on inviting him to supper. The meal seems very long. As soon as he can, he breaks away from the ladies to go to the smoking room, where the men now are, “to see how the land lay.” It is all right; the men know who he is and are anxious to introduce themselves to him.

In England he develops a high regard for the aristocracy and the time and money they devote to philanthropic works. He is impressed by the deference of servants, who are content to be servants all their working life and, unlike American servants, use the words “master” and “mistress” without any constraint. In that ambiguous observation there are consoling messages both for blacks and Southern whites. He becomes friendly, he says, with the Duchess of Sutherland. She is a famous beauty. But as a black man he will be out of place to say so directly. He writes, “I may add that I believe the Duchess of Sutherland is said to be the most beautiful woman in England.”

So many snares; so many people to please; so many contradictions to resolve; so many possibilities of destruction. The achievement was great. But at what cost. He died at the age of fifty-nine.

SOURCE: A Turn in the South, by V.S. Naipaul (Vintage, 1989), pp. 153-154.

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Samoan Slavery Sentencing Stalls

The end of the biggest human trafficking case in U.S. history seemed imminent, with Attorney General John Ashcroft calling a news conference to proclaim victory over “an assault on the nation’s core beliefs.”

Ashcroft announced Thursday that the South Korean owner of an American Samoa factory engaged in modern-day slavery would learn his fate in hours — and the sentence of seven Texas men who repeatedly raped women smuggled into the country had already been decided.

“Today, Kil Soo Lee faces the laws — and the justice — of the United States,” Ashcroft said of the former owner of the Daewoosa Samoa Ltd. Factory in American Samoa.

Yet in federal court in Honolulu, some 4,800 miles away from Washington, Lee’s sentencing, already delayed seven months, was put off for nearly four more months.

The U.S. Dept. of Justice press release from February 2003 reports the convictions, and The Guardian spells out more of the appalling details.

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