The Long American Revolution: Black Abolitionists and Their
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Gordon S. Barker. Fugitive Slaves and the Unfinished American Revolution: Eight Cases, 1848-1856. Jefferson: McFarland & Company, 2013. 232 pp. $45.00, paper, ISBN 978-0-7864-6987-1. Reviewed by Emily Margolis Published on H-Law (January, 2014) Commissioned by Craig Scott U.S. historians tend to mark the end of the their Revolution was the war against slavery and American Revolution as George Bancroft did, in their quest was to create a “more perfect union.” the early 1780s when military action with the Therefore, he claims their Revolution ended--at British ceased (upon either the surrender of Corn‐ the very earliest date--with the ratification of the wallis at Yorktown in 1781 or the Treaty of Paris Thirteenth Amendment. in 1783). As Gordon Barker rightly points out, in Using black and white abolitionist lectures, the 1980s, American and Atlantic social historians correspondence, annual reports, newspapers, di‐ began to produce a new body of scholarship that aries, and memoirs, as well as Northern and challenged this periodization as they found ordi‐ Southern newspapers, fugitive slave trials, and nary men, women, and African Americans em‐ lawyers’ papers, Barker employs a sociopolitical ploying the principles of the Declaration of Inde‐ approach to illustrate African Americans’ contin‐ pendence in their battle to gain freedom from dif‐ ued battle against the tyranny of slavery. To show ferent types of tyranny long after the end of the their continued Revolution, he centers his book eighteenth century. In fact, some argue that the on the late 1840s and 1850s and chronicles eight battle, for these groups, continues today. In Fugi‐ cases of feeing bondsmen pursued by their own‐ tive Slaves and the Unfinished American Revolu‐ ers, their owner’s agents, and sometimes federal tion: Eight Cases, 1848-1856 Barker contributes to allies under the Fugitive Slave Law of 1850. Bark‐ the work of these later American and Atlantic er reframes these well-known fugitives and their Revolutionary historians as he joins the call for a abolitionist allies, such as Lewis Hayden, reimagining and re-periodization of what he iden‐ Theodore Parker, Samuel Joseph May, Wendell tifies as George Bancroft’s “grand American narra‐ Phillips, and Frederick Douglas, as new Revolu‐ tive” of the U.S. Revolution. Focusing specifically tionary war heroes who believed in the principles on African Americans, he argues that for blacks, of the Declaration of Independence and whose H-Net Reviews dramas went far beyond their immediate person‐ Southerners, and newspaper editors throughout al conflicts as they captured the nation’s attention the country. Barker does use legal sources and and fueled social and political tensions between chronicles the rendition court cases of his subjects anti- and proslavery states. Barker writes eight as part of a larger narrative about their struggle chapters and moves chronologically, beginning for freedom. It is not, however, a legal history in with a narrative of William and Ellen Craft and the sense that works like Steven Lubet’s Fugitive then moving to the stories of Shadrach Minkins, Justice: Runaways, Rescuers, and Slavery on Trial Thomas Sims, William Parker, Jerry (also known (2010) or Earl Maltz’s Fugitive Slave on Trial: The as William Henry), Joshua Glover, Anthony Burns, Anthony Burns Case and Abolitionist Outrage and ending with the wrenching tale of the Garner (2010) are as both Lubet and Maltz provide a family, in which the apprehended Margaret Gar‐ more in-depth picture of legal precedents and le‐ ner killed one of her daughters to prevent her en‐ gal reasoning that shaped their selected fugitive slavement. slave trials. But this is not Barker’s mission. H-Law readers might read these eight narra‐ Rather, Barker is more interested in both a public tive chapters as battles in a revolution. These mi‐ memory and historiographical project of remak‐ crohistories build on one another to show a pro‐ ing the narrative of the Revolution, one that incor‐ tracted and sublimated Revolutionary War in porates the battles of abolitionists, especially which radical principles were espoused, popular African American abolitionists. Barker explains uprisings ensued, and battles were won and lost. that he wrote this book for both public historians In this work, the war is one against slavery and it and academics and therefore is more concerned focuses on slaves who were made fugitives by the with illustrating the political and social conse‐ incredibly contentious Fugitive Slave Law of 1850. quences for slaves, free blacks, and the abolition‐ Within this abolitionist framework, battles were ist movement. won if local communities sheltered fugitives, rose Although it is a social history with supple‐ up in popular resistance against slave-hunters mentary legal aspects, Barker’s eight narratives and their federal allies, and ensured that a pur‐ are so rich in detail both inside and outside of the sued fugitive avoided reenslavement, even if that courts that they allow legal scholars to see how meant seeking permanent refuge outside of the antislavery activists’ used state criminal laws to United States. Battles were lost if communities challenge slave-hunters and the Fugitive Slave failed to effectively rise up and protect a fugitive Law of 1850. Sometimes, they found success in slave. challenging the slave-catchers acting under the Although the Fugitive Slave Law of 1850 plays Fugitive Slave Law rather than the law itself. In a role in Barker’s selected narratives because it chapter 1, after the passage of the Fugitive Slave made his chosen subjects “fugitives” who owed Act of 1850, William and Ellen Craft’s former own‐ custody to their owners even in free states, criti‐ ers sent slave-hunters to Boston, where the Crafts cal examination of the law itself or its legal histo‐ resided, to reclaim their human property, who ry is not a central to this work. In fact, Barker had become active radical abolitionists. Black and does not describe the Fugitive Slave Law until white Bostonian radical abolitionists threw up chapter 2, and even then, offers little detail. H- strong walls of resistance. The Boston Vigilance Law readers will notice that this is primarily a so‐ Committee led a campaign against the slave- ciopolitical work that focuses on the ideology and hunters. Barker contends that the campaigns’ re‐ personal reactions of its many subjects to conflicts lentless efforts led to the arrest of the slave- between black and white abolitionists, proslavery hunters for “slander” and hurting William Craft’s business. After posting a $10,000 bail, the slave- 2 H-Net Reviews hunters were released from jail, only to be arrest‐ able, in-depth chronicling of individual narratives ed once again for “attempting to kidnap Craft and makes it useful for undergraduate courses on U.S. wife” (p. 32). After being released a second time, history or legal history, as it could be easily cou‐ the slave-hunters fled Boston. pled with the corresponding case records to pre‐ H-Law readers can also see that abolitionists’ pare students for a discussion of the Fugitive creative efforts to use state criminal law to chal‐ Slave Law’s social and political consequences and lenge the effects of the Fugitive Slave Law, proved how pro- and antislavery activists interpreted the less successful when they challenged the law it‐ law. Its narratives provide material to illustrate self. As recounted in chapter 8, an Ohio state coro‐ how on-the-ground tensions arose from the inter‐ ners’ jury charged Margaret Garner with frst-de‐ play of state and federal laws, mob law, black let‐ gree murder of her daughter Mary, and Garner’s ter law, and American principles, as put forth in husband, Robert, and his father, Simon, as acces‐ the Declaration of Independence and positivist sories to the murder. The Garners’ attorney, John federal constitutional law. Chapter 1, on the Joliffe, argued that the criminal indictments un‐ Crafts, and chapter 7, on Anthony Burns, could be der state law should supersede federal proceed‐ juxtaposed to highlight the militancy of radical ings under the Fugitive Slave Law. This maneuver abolitionists (which included a proposed North‐ would at least prevent the Garners from being im‐ ern succession from the Union and several upris‐ mediately returned to slavery and provide vigi‐ ings to free detained fugitives), federal reaction to lante abolitionists time to formulate a plan to help antislavery resistance (which included President the Garners escape. Joliffe’s argument was Franklin Pierce’s deployment of “the largest twofold. First, he argued that because slavery was American military show of force ever seen in outlawed in Ohio and the Garners’ master had peacetime,” pp. 147-148), and the transnational in‐ previously brought them to Ohio, they were no terest in slavery. Moreover, these chapters ex‐ longer slaves but free persons. Second, he argued plore the varied ways both abolitionists and that the Tenth Amendment granted Ohio the ex‐ judges interpreted and used the law to both fght clusive right to enforce state criminal laws. Yet and defend the rendition of slaves made possible the presiding judge ruled that the Fugitive Slave by the Fugitive Slave Law. Examining the complex Law had supervening authority over Ohio law. factors at play in the background of Barker’s eight The judge also rejected Joliffe’s argument that narratives will provide students with a more so‐ Garners were freed as a result of having previous‐ phisticated understanding of the American Revo‐ ly been taken to Ohio by their owners. The judge lution. cited Supreme Court Chief Justice Roger Taney’s opinions in Strader et al. v. Graham (1850) and United States v. The Ship Garonne (1837) as sup‐ port for his ruling that because the Garners had returned to Kentucky voluntarily, they had relin‐ quished their right to freedom.