Part of the American Literatures Initiative Series Neither Fugitive nor Free draws on the freedom suit as recorded in the press and court documents to offer a critically and historically engaged understanding of the freedom celebrated in the literary and cultural histories of transatlantic abolitionism. Freedom suits involved those enslaved valets, nurses, and maids who accompanied slaveholders onto free soil. Once brought into a free jurisdiction, these attendants became informally free, even if they were taken back to a slave jurisdiction—at least according to abolitionists and the enslaved themselves. In order to secure their freedom formally, slave attendants or others on their behalf had to bring suit in a court of law. Edlie Wong critically recuperates these cases in an effort to reexamine and redefine the legal construction of freedom, will, and consent. This study places such historically central anti-slavery figures as Frederick Douglass, Olaudah Equiano, and William Lloyd Garrison alongside such lesser-known slave plaintiffs as Lucy Ann Delaney, Grace, Catharine Linda, Med, and Harriet Robinson Scott. Situated at the confluence of literary criticism, feminism, and legal history, Neither Fugitive nor Free presents the freedom suit as a "new" genre to African American and American literary studies.

With a fresh interpretation of African American resistance to kidnapping and pre–Civil War political culture, Blind No More sheds new light on the coming of the Civil War by focusing on a neglected truism: the antebellum free states experienced a dramatic ideological shift that questioned the value of the Union. Jonathan Daniel Wells explores the cause of disunion as the persistent determination on the part of enslaved people that they would flee bondage no matter the risks. By protesting against kidnappings and fugitive slave renditions, they brought slavery to the doorstep of the free states, forcing those states to recognize the meaning of freedom and the meaning of states’ rights in the face of a federal government equally determined to keep standing its divided house. Through these actions, African Americans helped northerners and westerners question whether the constitutional compact was still worth upholding, a reevaluation of the republican experiment that would ultimately lead not just to Civil War but to the Thirteenth Amendment, ending slavery. Wells contends that the real story of American freedom lay not with the Confederate rebels nor even with the Union army but instead rests with the tens of thousands of self-emancipated men and women who demonstrated to the Founders, and to succeeding generations of Americans, the value of liberty.

The riveting story of control over the mobility of poor migrants, and how their movements shaped current perceptions of class and status in the United States Vagrants. Vagabonds. Hoboes. Identified by myriad names, the homeless and geographically mobile have been with us since the earliest periods of recorded history. In the early days of the United States, these poor migrants – consisting of everyone from work-seekers to runaway slaves – populated the roads and streets of major cities and towns. These individuals were a part of a social class whose geographical movements broke settlement laws, penal codes, and welfare policies. This book documents their travels and experiences across the Atlantic world, excavating their life stories from the records of criminal justice systems and relief organizations. Vagrants and Vagabonds examines the subsistence activities of the mobile poor, from migration to wage labor to petty theft, and how local and state municipal authorities criminalized these activities, prompting extensive punishment. Kristin O’Brassill-Kulfan examines the intertwined legal constructions, experiences, and responses to these so-called “vagrants,” arguing that we can glean important insights about poverty and class in this period by paying careful attention to mobility. This book charts why and how the itinerant poor were subject to imprisonment and forced migration, and considers the relationship between race and the right to movement and residence in the antebellum US. Ultimately, Vagrants and Vagabonds argues that poor migrants, the laws designed to curtail their movements, and the people charged with managing them, were central to shaping everything from the role of the state to contemporary conceptions of community to class and labor status, the spread of disease, and punishment in the early American republic.

Examines the experiences of runaway slaves in North America, conceptually dividing the continent into three distinct 'spaces of freedom'.

In The Captive Stage, Douglas A. Jones, Jr. argues that proslavery ideology remained the dominant mode of racial thought in the antebellum north, even though chattel slavery had virtually disappeared from the region by the turn of the nineteenth century—and that northerners cultivated their proslavery imagination most forcefully in their performance practices. Jones explores how multiple constituencies, ranging from early national artisans and Jacksonian wage laborers to patrician elites and bourgeois social reformers, used the stage to appropriate and refashion defenses of black bondage as means to affirm their varying and often conflicting economic, political, and social objectives. Joining performance studies with literary criticism and cultural theory, he uncovers the proslavery conceptions animating a wide array of performance texts and practices, such as the “Bobalition” series of broadsides, blackface minstrelsy, stagings of the American Revolution, reform melodrama, and abolitionist discourse. Taken together, he suggests, these works did not amount to a call for the re-enslavement of African Americans but, rather, justifications for everyday and state-sanctioned racial inequities in their post-slavery society. Throughout, The Captive Stage elucidates how the proslavery imagination of the free north emerged in direct opposition to the inclusionary claims black publics enacted in their own performance cultures. In doing so, the book offers fresh contexts and readings of several forms of black cultural production, including early black nationalist parades, slave dance, the historiography of the revolutionary era, the oratory of radical abolitionists and the black convention movement, and the autobiographical and dramatic work of ex-slave William Wells Brown.

A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

Revolutions and Reconstructions gathers historians of the early republic, the Civil War era, and African American and political history to consider not whether black people participated in the politics of the nineteenth century but how, when, and with what lasting effects. Collectively, its authors insist that historians go beyond questioning how revolutionary the American Revolution was, or whether Reconstruction failed, and focus, instead, on how political change initiated by African Americans and their allies constituted the rule in nineteenth-century American politics, not occasional and cataclysmic exceptions. The essays in this groundbreaking collection cover the full range of political activity by black northerners after the Revolution, from cultural politics to widespread voting, within a political system shaped by the rising power of slaveholders. Conceptualizing a new black politics, contributors observe, requires reorienting American politics away from black/white and North/South polarities and toward a new focus on migration and local or state structures. Other essays focus on the middle decades of the nineteenth century and demonstrate that free black politics, not merely the politics of slavery, was a disruptive and consequential force in American political development. From the perspective of the contributors to this volume, formal black politics did not begin in 1865, or with agitation by abolitionists like Frederick Douglass in the 1840s, but rather in the Revolutionary era's antislavery and citizenship activism. As these essays show, revolution, emancipation, and Reconstruction are not separate eras in U.S. history, but rather linked and ongoing processes that began in the 1770s and continued through the nineteenth century. Contributors: Christopher James Bonner, Kellie Carter Jackson, Andrew Diemer, Laura F. Edwards, Van Gosse, Sarah L. H. Gronningsater, M. Scott Heerman, Dale Kretz, Padraig Riley, Samantha Seeley, James M. Shinn Jr., David Waldstreicher.

The untold history of slavery and resistance in California, from the Spanish missions, indentured Native American ranch hands, Indian boarding schools, Black miners, kidnapped Chinese prostitutes, and convict laborers to victims of modern trafficking “A searing survey of ‘250 years of human bondage’ in what is now the state of California. . . . Readers will be outraged.”—Publishers Weekly California owes its origins and sunny prosperity to slavery. Spanish invaders captured Indigenous people to build the chain of Catholic missions. Russian otter hunters shipped Alaska Natives—the first slaves transported into California—and launched a Pacific slave triangle to China. Plantation slaves were marched across the plains for the Gold Rush. San Quentin Prison incubated California’s carceral state. Kidnapped Chinese girls were sold in caged brothels in early San Francisco. Indian boarding schools supplied new farms and hotels with unfree child workers. By looking west to California, Jean Pfaelzer upends our understanding of slavery as a North-South struggle and reveals how the enslaved in California fought, fled, and resisted human bondage. In unyielding research and vivid interviews, Pfaelzer exposes how California gorged on slavery, an appetite that persists today in a global trade in human beings lured by promises of jobs but who instead are imprisoned in sweatshops and remote marijuana grows, or sold as nannies and sex workers. Slavery shreds California’s utopian brand, rewrites our understanding of the West, and redefines America’s uneasy paths to freedom.

After its heyday in the 1970s and 1980s, many wondered whether the law and literature movement would retain vitality. This collection of essays, featuring twenty-two prominent scholars from literature departments as well as law schools, showcases the vibrancy of recent work in the field while highlighting its many new directions. New Directions in Law and Literature furnishes an overview of where the field has been, its recent past, and its potential futures. Some of the essays examine the methodological choices that have affected the field; among these are concern for globalization, the integration of approaches from history and political theory, the application of new theoretical models from affect studies and queer theory, and expansion beyond text to performance and the image. Others grapple with particular intersections between law and literature, whether in copyright law, competing visions of alternatives to marriage, or the role of ornament in the law's construction of racialized bodies. The volume is designed to be a course book that is accessible to undergraduates and law students as well as relevant to academics with an interest in law and the humanities. The essays are simultaneously intended to be introductory and addressed to experts in law and literature. More than any other existing book in the field, New Directions furnishes a guide to the most exciting new work in law and literature while also situating that work within more established debates and conversations.

This volume approaches the history of slave testimony in three ways: by prioritising the broad tradition over individual authors; by representing inter-disciplinary approaches to slave narratives; and by highlighting emerging scholarship on slave narratives, concerning both established debates over concerns of authorship and agency, for example, and developing concerns like eco-critical readings of slave narratives.