The Power is Always on the Side of the People, when they Choose to Act

The enclosure movement and the slave trade ushered industrial capitalism into the modern world. By 1832 England was largely closed, its countryside privatized (some even mechanized), in contrast to a century earlier when its fields were largely open—"champion" country, to use the happy technical term—and yeoman, children, women could subsist by commoning. By 1834 slavery had been abolished in the British empire whereas a century earlier, on 11 September 1713, the asiento licensed British slavers to trade African slaves throughout the Americas. Together the expelled commoners and the captured Africans provided the labor power available for exploitation in the factories of the field (tobacco and sugar) and the factories of the towns (woolens and cottons). Whether indentured servant, West African youngster, former milkmaid, or woodsman without his woods, the lords of humankind looked upon them indifferently as laboring bodies to produce surplus value, and so emerged the Atlantic working day, which entirely depended upon a prior discommoning.

The legal cliché is that the American constitution is written, while the English is unwritten. Strictly speaking this is untrue inasmuch as both have stemmed from the Magna Carta of 1215. The important difference between English and American constitutional development is not that one is unwritten and the other is written. The difference is Africa. The maintenance and expansion of unwaged labor on the plantation where slaves produced surplus value was indispensable to American constitutional and revolutionary history, whereas the salient English development was the statutory enclosure of lands and privatization of all attempts at commoning. The Atlantic multitudes were divided by race in the emerging constitution. The Charters of Liberties were contested in this process. The enclosure movement, opposed by English commoners, conveniently ignored the Forest Charter. The movement to abolish slavery used Magna Carta and helped put it back into the English working-class movement.

Peter Linebaugh, The Magna Carta Manifesto, Liberties and Commons for All (University of California Press 2008), 94-95
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