Wednesday, October 15, 2014

People or Slaves: The Struggle between Personhood and Property and the Systematic Illustrations of Resistance in the Antebellum South

Milan Billingsley
History of Slavery Discussion Paper
Professor McKinney
October/15/2014

People or Slaves: The Struggle between Personhood and Property and the Systematic Illustrations of Resistance in the Antebellum South
            Throughout the history of slavery in the United States there has been a constant struggle concerning the classification of slaves. In certain instances they are considered as pure property which needs to be stored, fed and sustained. This topic is exemplified and fleshed out in Stephanie E. Smallwood’s book Saltwater Slavery. In other circumstances slaves are considered semi people who count as three fifths of a person, as we see in The Constitution of the United States, who have rights under municipal laws and who have free time to spend as they please after completing their daily tasks, as we see in Major Problems in African American History. In these writings and in Slavery’s Constitution the divide between personhood and property is made clear, slaves were found somewhere in between these two classifications. This, however, raises a fundamental issue because, according to the logic of slavery, slaves are meant to be property controlled by the master. Yet when we look at the institution of slavery we see consistent instances of resistance, rebellion, and exploration of the “systematic fissures and cracks within the ostensibly absolute hegemony of the master” (Holt 195).
            Saltwater Slavery does an exemplary job of showcasing how slaves were changed from people into property. While enduring the trans-Atlantic journey from Africa to the New World slaves were defined as property. They were captured, transported and then bought and sold along the West African Coast. Once put on ships they found themselves in extremely miserable conditions, life was scaled “down to an arithmetical equation” where “the lowest common denominator” was found (Smallwood 43). Their classification as property continued once in the Americas where they were taken off ships, cleaned, pruned, and finally sold to buyers for profit. This processes was brutal and many slaves died along the voyage. Being classified as property they are rarely remembered in documents outside of ledgers where their lives were only numbers on a spreadsheet.
            When, however, we look at our founding documents we see a systematic and covert approval of slavery. Our founding document makes many references to freedom, liberty and justice. It is a document which puts an emphasis on these ideologies and values. Even though it never mentions the word slavery it supports slavery in a myriad of ways. For one, it has the three fifths compromise where representation is based on the “whole number of free persons, including those bound for service for a term of years” and “three fifths of all other persons” (Constitution). Furthermore, it has the fugitive slave clause where escaped slaves had to be returned to their masters in article IV section 2. Finally the Federal Government has the power to restrict the slave trade. In all of these cases slavery is not mentioned overtly. Instead it is embedded in the background where it defines the lines of the American slave trade quite extensively. Even though people only glance over the issue today, the fact of the matter is that slavery was a central component of American life at the time and is omnipresent in the constitution. This omnipresence classifies slaves as three fifths of people, yet in actuality slaves are supposed to be slaves, people who are the legal property of another and are forced to obey them. This classification is a great example of the struggle between personhood and property that slaves encountered. On the one hand they are supposed to be property, but on the other hand they play a role in the legal representation of the state.
            Even more deserving of attention is the classification of slavery at the municipal level. At this level slaves possessed legal rights, rights such as “proper nourishment and clothing” and protection from “cruel treatment” from their masters (Holt 197). Thomas Cobb, an Antebellum Scholar, phrases the issue of classifying slaves quite elegantly when he says that the law by protecting him against cruel or unusual punishment “recognizes his existence as a person”, furthermore, “his existence as a person being recognized by the law, that existence is protected by the law” (Holt 197). In so doing, Thomas Cobb categorizes slaves less as property and more as people.
            These three writings, The Constitution of the United States, Saltwater Slavery, and Major Problems in African American History all exemplify the major problem within slavery. The institution of slavery was one that treated slaves as property. They were things. The same way you store your horses in the barn you need to store your slaves in a shack. The fact of the matter, however, was that slaves were not property, they were people. Over and over again we see that as people they try to make a space for themselves in this brutal and gruesome institution. They find ways to resist, rebel against and explore the fissures of the system.
            Dancing, music and burial practices are all great examples of slaves exploring the fissures of the system. Slaves would oftentimes partake in these activities because they were “an integral part of religion and culture” (Holt 128). Most common was the ring dance ceremony which was a West African ceremony honoring the ancestors of the dancers. By preserving their culture they were actively making a space for themselves, a space where they could be free humans. In this space they were free to enjoy their culture and traditions. Interestingly enough “for decades before and generations following the American Revolutions, Africans engaged in religious ceremonies in their quarters and in the woods unobserved by whites” (Holt 138).
By understanding how slaves simultaneously occupied “a double character of person and property” we can see how slaves managed to make space for themselves in an extremely oppressive system (Holt 196). The space they created was a space in which they could enjoy some of the most important of freedoms. What is most concerning is that the people who subjugate slaves to work in the fields also agree that they are not property. This is visible in the Constitution, where slaves represent three fifths of a person, and at the local municipal level where slaves enjoy certain protections from cruel punishment. By classifying slaves as part person they are in essence saying that slaves are not property, this in essence is a fallible argument for slavery and thus justifying slavery becomes a reason backed more by economic goals.

Bibliography
Holt, Thomas C., and Elsa Barkley. Brown. Major Problems in African-American History: Documents and Essays. Boston: Houghton Mifflin, 2000. Print.
Smallwood, Stephanie E. Saltwater Slavery: A Middle Passage from Africa to American Diaspora. Cambridge, MA: Harvard UP, 2007. Print.

The Constitution of the United States

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