Slavery as a State of War: New York Abolitionists, the Laws of War, and the Right of Self-Emancipation

Abstract

Slavery as a State of WarNew York Abolitionists, the Laws of War, and the Right of Self-Emancipation Deborah A. Rosen (bio) New York State played a leading role in the antebellum abolitionist movement and made particularly notable contributions to legal thought and rhetoric. This article examines an important element of New Yorkers' legal rhetoric in support of abolition: their use of ideas grounded in the laws of war. The study analyzes how New York abolitionists used the rules governing warfare between 1830 and 1860 both to attack the legality of slavery and to justify slaves' enduring right to rebel and escape. They asserted not only that enslavement was unlawful under the laws of war but also that slavery illegitimately created a continuous state of war that justified self-emancipation by individuals. Although scholars have not studied war-related abolitionist rhetoric in any depth, excellent existing scholarship provides a strong context for this article by examining two pertinent historiographical subjects: the role of New Yorkers in the abolitionist movement and the justifications asserted for forceful, violent resistance to slavery. Book-length studies of African Americans in New York State by Milton C. Sernett, Leslie M. Alexander, and Leslie M. Harris, along with Manisha Sinha's essay on Black abolitionism in New York and other works focusing on specific aspects of the state's abolitionist movement, provide solid historical context. It is evident that New York State's role in the fight against slavery was enhanced by its relatively high number of free African American residents, its strategic geographic position between the South and Canada, and its highly developed literary and associational culture. There were two main centers of activism in the state, the populous cities of New York City and Brooklyn on the southern tip and the frontier region of central and western New York. During the antebellum period, New York and Brooklyn were vibrant centers of African American life and activism. A number of leading abolitionists lived in the two cities, and they enjoyed considerable support from the thousands of Black residents as well as from many white city dwellers. This southeastern region of the state served as the headquarters of several eminent abolitionist organizations, [End Page 307] hosted important antislavery conventions, and was the place of publication for influential antislavery and African American periodicals. Likewise, in western and central New York, cities such as Rochester, Syracuse, and Utica were home to antislavery activists, societies, conventions, and newspapers. Notably, this region was also a fount and center of political abolitionism: the Liberty Party was founded here, as was its successor fifteen years later, the Radical Abolitionist Party. Abolitionists in the two regions interacted with each other at conventions, read each other's publications, and heard each other give sermons and speeches. The two regions were also linked through the networks of the Underground Railroad, especially through the New York State Vigilance Committee, which connected New York City with local vigilance committees in central and western New York.1 In addition to New York's importance to the abolitionist movement, the state was also home to a sizeable percentage of the nation's lawyers. According to the 1850 Census, there were 4,263 lawyers in New York State, which constituted 18 percent of all American lawyers.2 The ample supply of lawyers made it possible for New Yorkers to bring freedom suits [End Page 308] that contested clients' alleged enslaved status in court and also initiate litigation asserting individual African American clients' rights to nonsegregated schools, equal treatment in public transportation, and due process in court proceedings. Moreover, the significant presence of lawyers also allowed New Yorkers to make a broader case for nationwide emancipation and racial equality based on fundamental legal principles. The conjunction in New York State of a vigorous and politically oriented abolitionist movement, a heavy concentration of lawyers, and an inclination to support resistance to slavery helps explain New York abolitionists' distinctive approach. With regard to its emphases, strategies, and rhetoric, New York was notably different from New England. In particular, political abolitionists—a number of whom were also antislavery constitutionalists—were especially active in New York. Historian Manisha Sinha notes that "in New York...