Neither Fugitive Nor Free

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.

Studies lawsuits to gain freedom for slaves on the grounds of their having traveled to free territory, starting with Somerset v. Stewart (England, 1772), Commonwealth v. Aves (Massachussetts, 1836), Dred Scott v. Sanford, and cases brought questioning the legitimacy of Negro Seamen Acts in the antebellum coastal South. These lawsuits and accounts of them are compared to fugitive slave narratives to shed light on both. The differing impact of freedom obtained from such suits for men and women (women could claim that their children were free, once they were judged free) is examined.

This volume introduces a new way to study the experiences of runaway slaves by defining different “spaces of freedom” they inhabited. It also provides a groundbreaking continental view of fugitive slave migration, moving beyond the usual regional or national approaches to explore locations in Canada, the U.S. North and South, Mexico, and the Caribbean. Using newspapers, advertisements, and new demographic data, contributors show how events like the Revolutionary War and westward expansion shaped the slave experience. Contributors investigate sites of formal freedom, where slavery was abolished and refugees were legally free, to determine the extent to which fugitive slaves experienced freedom in places like Canada while still being subject to racism. In sites of semiformal freedom, as in the northern United States, fugitives’ claims to freedom were precarious because state abolition laws conflicted with federal fugitive slave laws. Contributors show how local committees strategized to interfere with the work of slave catchers to protect refugees. Sites of informal freedom were created within the slaveholding South, where runaways who felt relocating to distant destinations was too risky formed maroon communities or attempted to blend in with free black populations. These individuals procured false documents or changed their names to avoid detection and pass as free. The essays discuss slaves’ motivations for choosing these destinations, the social networks that supported their plans, what it was like to settle in their new societies, and how slave flight impacted broader debates about slavery. This volume redraws the map of escape and emancipation during this period, emphasizing the importance of place in defining the meaning and extent of freedom. Contributors: Kyle Ainsworth | Mekala Audain | Gordon S. Barker | Sylviane A. Diouf | Roy E. Finkenbine | Graham Russell Gao Hodges | Jeffrey R. Kerr-Ritchie | Viola Franziska Müller | James David Nichols | Damian Alan Pargas | Matthew Pinsker A volume in the series Southern Dissent, edited by Stanley Harrold and Randall M. Miller

How vagrancy, as legal and imaginative category, shaped the role of policing in colonialism, racial formation, and resource distributionIn this innovative book demonstrating the important role of eighteenth-century literary treatments of policing and vagrancy, Nicolazzo offers a prehistory of police legitimacy in a period that predates the establishment of the modern police force. She argues that narrative, textual, and rhetorical practices shaped not only police and legal activity of the period, but also public conceptions of police power. Her extensive research delves into law and literature on both sides of the Atlantic, tracking the centrality of vagrancy in establishing police power as a form of sovereignty crucial to settler colonialism, slavery, and racial capitalism. The first book in several generations to address policing and vagrancy in the eighteenth century, and the first in the field to center race and empire in its account of literary vagrancy, Nicolazzo’s work is a significant contribution to the field of eighteenth-century literary and cultural studies.

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

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.

This powerful book on racism in the United States argues that a threatening narrative originating in slavery continues to link Black people to inferiority, dangerousness, and crime, causing them to be presumed guilty by society and U.S. legal systems. Why are Black people stopped, arrested, and shot by police at such a high rate? Why are they portrayed in the media as gangbangers and urban thugs? D. Marvin Jones writes that the problem of race lies in the way Blackness has been inextricably knotted together in our culture with presumptions. In the era of segregation this was a presumption of inferiority, but in our era, it is primarily a presumption of dangerousness or criminality. In chapters on slavery, urban spaces, the drug war, media portrayals, and white spaces, he shows how the presumption of guilt continues to shape the treatment of Black people in the United States. Arguing that this presumption is not simply a matter of hate on the part of individuals, but instead a social process linked to a widely shared racial ideology, The Presumption points out the continuation of racial caste in the United States as a crisis for democracy and provides a blueprint for a kind of second Reconstruction.

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.