Slavery, Liberty, and the Right to Contract

19 N EV . L.J. 447, Z IETLOW

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NEVADA LAW JOURNAL

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[Vol. 19:2

both the Declaration of Independence and its promise of liberty. 75 For example, escaped slave William Craft explained that he fled enslavement because, he heard the words of the Declaration of Independence were “that all men a re cre ated equal; that they are endowed by their Creator with certain inalienable rights . . . we could not understand by what right we were held as ‘ chattels. ’ ” 76 “Therefore,” Craft said, “we felt perfectly justified in undertaking the danger ous and excit ing task of ‘running a thousand miles’ in order to obtain those rights which are so vividly set forth in the Declaration.” 77 A fugitive slave named Jerry agreed, pleading “in the name of the Declaration of Independence . . . do break these chains, and give me the freedom which is mine because I am a man, and an American.” 78 These fugitive slaves took the Declaration of Inde pendence literally and demanded liberty in its most concrete terms. Fugitive slaves also articulated their own doctrine of free labor. Escaped slave J. H. Banks said: The slaves, moreover, not only desire, but they look confidently for the day of their emancipation. Nor do they expect when free to spend their time in idleness. They all know they will have to work, but like other men they wish to have the benefit of the labour of their hands. . . . Treat the labourers kindly, as men whom they have wronged, pay them fairly and not grudgingly, and all will go well. 79 Francis Fedric agreed, “Jus give me my freedom, and pay me for my work, and I work for my massa fr om daylight till dark.” 80 These fugitive slaves looked forward to the day when they could enjoy the fruit of their own labor. 81 Meanwhile, free blacks asserted their own rights claims, organizing mass protests against the 1850 Fugitive Slave Act and crowding courtrooms in which accused fugitives were being tried. 82 People in free black communities in cities such as Boston, Chicago, and Cincinnati resolved to resist the 1850 Fugitive Slave Act. 83 They assisted fugitive slaves, and many joined the Underground

F UGITIVE N EGRO : H IS A NTI - SLAVERY L ABOURS IN THE U NITED S TATES , C ANADA , & E NGLAND 22 – 23 (1855). 75 C RAFT , supra note 37, at iii.

76 Id. 77 Id. 78 W

ARD , supra note 74, at 120.

79 P

ENNINGTON , supra note 74, at 90 – 91.

80 F RANCIS F EDRIC , S LAVE L IFE IN V IRGINIA AND K ENTUCKY ; O R , F IFTY Y EARS OF S LAVERY IN THE S OUTHERN S TATES OF A MERICA 67 (1863). 81 Members of the Reconstruction Congress often referred to the right to the “fruit [] of one’s labor” during Reconstruction debates to refer to the right to free labor. See VanderVelde, supra note 67, at 460 n.102; K ERSCH , supra note 11, at 141. 82 See B LACKETT , supra note 33, at 67. 83 Id. at 162.