I. INTRODUCTION

The notion that the current descendants of slaves are owed compensation for slavery is one that receives widespread discussion and support. For example, in 1989, Representative John Conyers of Michigan proposed legislation that would create a commission to explore the effects of slavery on both African-Americans and the United States. More recently, Randall Robinson, in The Debt: What America Owes to Blacks, argued that an important step toward healing racial division and helping poor African-Americans is to compensate blacks for slavery.Randall Robinson, THE DEBT: WHAT AMERICA OWESTO BLACKS (2001). Also, a well-known group of civil-rights and class-action attorneys, including Harvard law professor Charles Ogletree and Johnnie Cochran, is putting together a lawsuit seeking reparations for the descendants of slaves.Reparations for Slavery, 1 (CBS News television broadcast, 2000), available from www.cbsnews. com/stories/2000/11/04/national/main246998.shtml. The debt on some estimates involves trillions of dollars.Larry Neal and James Marketti estimate that the value of unpaid income to slaves amounts to $1.4 trillion and $3.4 trillion respectively. Dinesh D’Souza, THE ENDOF RACISM 69 n.18 (1995) citing Richard F. America, ed., THE WEALTHOF RACES: THE PRESENT VALUEOF BENEFITSFROM PAST INJUSTICES (1990). In this paper, I argue that the descendants of slaves were not harmed by slavery since they owe their existence to slavery. I then recognize that they may have a claim to compensation based on their having inherited their ancestors’ (i.e., the slaves’) claim to compensation. I argue that the inheritance-based claim is defeated by a number of concerns, particularly doubt surrounding the existence and amount of this inheritance-based claim, concerns about offsets (sums that must be subtracted from compensation), and problems concerning the identity of any contemporary public or private entity that owes compensation. Note that in this essay I will not discuss harms that were not the result of enslavement and hence I set aside some of the claims put forth on behalf of current African-Americans.