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Over My Shoulder #13: Jill Lepore’s New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan

You know the rules; here’s the quote. Lucky #13 was either airplane reading or bus reading; I don’t recall precisely what I was reading when. In either case, though, it’s from the Preface to Jill Lepore’s new book, New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan. It’s the story of something that many of us know about, and some other things that almost all of us have forgotten, but need to remember. Thus:

This book tells the story of how one kind of slavery made another kind of liberty possible in eighteenth-century New York, a place whose past has long been buried. It was a beautiful city, a crisscross of crooked cobblestone streets boasting both grand and petty charms: a grassy park at the Bowling Green, the stone arches at City Hall, beech trees shading Broadway like so many parasols, and, off rocky beaches, the best oysters anywhere. I found it extremely pleasant to walk the town, one visitor wrote in 1748, for it seemed like a garden. But on this granite island poking out like a sharp tooth between the Hudson and East rivers, one in five inhabitants was enslaved, making Manhattan second only to Charleston, South Carolina, in a wretched calculus of urban unfreedom.

New York was a slave city. Its most infamous episode is hardly known today: over a few short weeks in 1741, ten fires blazed across the city. Nearly two hundred slaves were suspected of conspiring to burn every building and murder every white. Tried and convicted before the colony’s Supreme court, thirteen black men were burned at the stake. Seventeen more were hanged, two of their dead bodies chained to posts not far from the Negroes Burial Ground, left to bloat and rot. One jailed man cut his own throat. Another eighty-four men and women were sold into yet more miserable, bone-crushing slavery in the Caribbean. Two white men and two white women, the alleged ringleaders, were hanged, one of them in chains; seven more white men were pardoned on the condition that they never set foot in New York again.

What happened in New York in 1741 is so horrifying—Bonfires of the Negroes, one colonist called it—that it’s easy to be blinded by the brightness of the flames. But step back, let the fires flicker in the distance, and they cast their light not only on the 1741 slave conspiracy but on the American paradox, illuminating a far better known episode in New York’s past: the 1735 trial of the printer John Peter Zenger.

In 1732, a forty-two-year-old English gentleman named William Cosby arrived in New York, having been appointed governor by the king. New Yorkers soon learned, to their dismay, that their new governor ruled y a three-word philosophy: God damn ye. Rage at Cosby’s ill-considered appointment grew with his every abuse of the governorship. Determined to oust Cosby from power, James Alexander, a prominent lawyer, hired Zenger, a German immigrant, to publish an opposition newspaper. Alexander supplied scathing, unsigned editorials criticizing the governor’s administration; Zenger set the type. The first issue of Zenger’s New-York Weekly Journal was printed in November 1733. Cosby could not, would not abide it. He assigned Daniel Horsmanden, an ambitious forty-year-old Englishman new to the city, to a committee, charged with pointing out the particular Seditious paragraphs in Zenger’s newspaper. The governor then ordered the incendiary issues of Zenger’s newspaper burned, and had Zenger arrested for libel.

Zenger was tried before the province’s Supreme Court in 1735. His attorney did not deny that Cosby was the object of the editorials in the New-York Weekly Journal. Instead, he argued, first, that Zenger was innocent because what he printed was true, and second, that freedom of the press was especially necessary in the colonies, where other checks against governors’ powers were weakened by their distance from England. It was an almost impossibly brilliant defense, which at once defied legal precedent—before the Zenger case, truth had never been a defense against libel—and had the effect of putting the governor on trial, just what Zenger’s attorney wanted, since William Cosby, God damn him, was a man no jury could love. Zenger was acquitted. The next year, James Alexander prepared and Zenger printed A Brief Narrative of the Case and Trial of John Peter Zenger, which was soon after reprinted in Boston and London. It made Zenger famous.

But the trial of John Peter Zenger is merely the best-known episode in the political maelstrom that was early eighteenth-century New York. We are in the midst of Party flames, Daniel Horsmanden wrly observed in 1734, as Cosby’s high-handedness ignited the city. Horsmanden wrote in an age when political parties were considered sinister, invidious, and destructive of good government. As Alexander Pope put it in 1727, Party is the madness of many, for the gain of a few. Or, as Viscount St. John Bolingbroke remarked in his 1733 Dissertation upon Parties: The spirit of party … inspires animosity and breeds rancour. Nor did the distaste for parties diminish over the course of the century. In 1789, Thomas Jefferson wrote: If I could not go to heaven but with a party, I would not go there at all.

Parties they may have despised, but, with William Cosby in the governor’s office, New Yorkers formed them, dividing themselves between the opposition Country Party and the Court Party, loyal to the governor. Even Cosby’s death in March 1736 failed to extinguish New York’s Party flames. Alexander and his allies challenged the authority of Cosby’s successor, George Clarke, and established a rival government. Warned of a plot to seize his person or kill him in the Attempt, Clarke retreated to Fort George, at the southern tip of Manhattan, & put the place in a posture of Defence. In the eyes of one New Yorker, we had all the appearance of a civil War.

And then: nothing. No shots were fired. Nor was any peace ever brokered: the crisis did no so much resolve as it dissipated. Soon after barricading himself in Fort George, Clarke received orders from London confirming his appointment. The rival government was disbanded. By the end of 1736, Daniel Horsmanden could boast, Zenger is perfectly silent as to polliticks. Meanwhile, Clarke rewarded party loyalists: in 1737 he appointed Horsmanden to a vacant seat on the Supreme Court. But Clarke proved a more moderate man than his predecessor. By 1739, under his stewardship, the colony quieted.

What happened in New York City in the 1730s was much more than a dispute over the freedom of the press. It was a dispute about the nature of political opposition, during which New Yorkers briefly entertained the heretical idea that parties were not only necessary in free Government, but of great Service to the Public. As even a supporter of Cosby wrote in 1734, Parties are a check upon one another, and by keeping the Ambition of one another within Bounds, serve to maintain the public Liberty. And it was, equally, a debate about the power of governors, the nature of empire, and the role of the law in defending Americans against arbitrary authority—the kind of authority that constituted tyranny, the kind of authority that made men slaves. James Alexander saw himself as a defender of the rule of law in a world that, because of its very great distance from England, had come to be ruled by men. His opposition was not so much a failure as a particularly spectacular stretch of road along a bumpy, crooked path full of detours that, over the course of the century, led to American independence. Because of it, New York became infamous for its unruly spirit of independency. Clarke, shocked, reported to his superiors in England that New Yorkers believe if a Governor misbehave himself they may depose him and set up an other. the leaders of the Country Party trod very near to what, in the 1730s, went by the name of treason. A generation later, their sons would call it revolution.

In early 1741, less than two years after Clarke calmed the province, ten fires swept through the city. Fort George was nearly destroyed; Clarke’s own mansion, inside the fort, burned to the ground. Daniel Horsmanden was convinced that the fires had been set on Foot by some villainous Confederacy of latent Enemies amongst us, a confederacy that sounded a good deal like a violent political party. But which enemies? No longer fearful that Country Party agitators were attempting to take his life, Clarke, at Horsmanden’s urging, turned his suspicion on the city’s slaves. With each new fire, panicked white New Yorkers cried from street corners, The Negroes are rising! Early evidence collected by a grand jury appointed by the Supreme Court hinted at a vast and elaborate conspiracy: on the outskirts of the city, in a tavern owned by a poor and obscure English cobbler named John Hughson, tens and possibly hundreds of black men had been meeting secretly, gathering weapons and plotting to burn the city, murder every white man, appoint Hughson their king, and elect a slave named Caesar governor.

This political opposition was far more dangerous than anything led by James Alexander. The slave plot to depose one governor and set up another—a black governor—involved not newspapers and petitions but arson and murder. It had to be stopped. In the spring and summer of 1741, New York magistrates arrested 20 whies and 152 blacks. To Horsmanden, it seemed very probable that most of the Negroes in Town were corrupted. Eighty black men and one black woman confessed and named names, sending still more to the gallows and the stake.

That summer, a New Englander wrote an anonymous letter to New York. I am a stranger to you & to New York, he began. But he had heard of the bloody Tragedy afflicting the city: the relentless cycle of arrests, accusations, hasty trials, executions, and more arrests. This puts me in mind of our New England Witchcraft in the year 1692, he remarked, Which if I dont mistake New York justly reproached us for, & mockt at our Credulity about.

Here was no idle observation. The 1741 New York conspiracy trials and the 1692 Salem witchcraft trials had much in common. Except that what happened in New York in 1741 was worse, and has been almost entirely forgotten. In Salem, twenty people were executed, compared to New York’s thirty-four, and none were burned at the stake. However much it looks like Salem in 1692, what happened in New York in 1741 had more to do with revolution than witchcraft. and it is inseparable from the wrenching crisis of the 1730s, not least because the fires in 1741 included attacks on property owned by key members of the Court Party; lawyers from both sides of the aisle in the legal battles of the 1730s joined together to prosecute slaves in 1741; and slaves owned by prominent members of the Country Party proved especially vulnerable to prosecution.

But the threads that tie together the crises of the 1730s and 1741 are longer than the list of participants. The 1741 conspiracy and the 1730s opposition party were two faces of the same coin. By the standards of the day, both faces were ugly, disfigured, deformed; they threatened the order of things. But one was very much more dangerous than the other: Alexander’s political party plotted to depose the governor; the city’s slaves, allegedly, plotted to kill him. The difference made Alexander’s opposition seem, relative to slave rebellion, harmless, and in doing so made the world safer for democracy, or at least, and less grandly, both more amenable to and more anxious about the gradual and halting rise of political parties.

Whether enslaved men and women actually conspired in New York in 1741 is a question whose answer lies buried deep in the evidence, if it survives at all. It is worth excavating carefully. But even the specter of a slave conspiracy cast a dark shadow across the political landscape. Slavery was, always and everywhere, a political issue, but what happened in New York suggests that it exerted a more powerful influence on political life: slaves suspected of conspiracy constituted both a phantom political party and an ever-threatening revolution. In the 1730s and ’40s, the American Revolution was years away and the real emergence of political parties in the new United States, a fitful process at best, would have to wait until the last decade of the eighteenth century. (Indeed, one reason that colonists only embraced revolution with ambivalence and accepted parties by fits and starts may be that slavery alternately ignited and extinguished party flames: the threat of black rebellion made white political opposition palatable, even as it established its limits and helped heal the divisions it created.) But during those fateful months in the spring and summer of 1741, New York’s Court Party, still reeling from the Country Party’s experiments in political opposition, attempted to douse party flames by burning black men at the stake. New York is not America, but what happened in that eighteenth-century slave city tells one story, and a profoundly troubling one, of how slavery destabilized—and created—American politics.

— Jill Lepore (2005), New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan (ISBN 1400040299). xii–xviii.

Over my shoulder #8: Susan Brownmiller’s In Our Time: Memoir of a Revolution

You know the rules. Here’s the quote. This is from Susan Brownmiller’s In Our Time: Memoir of a Revolution, which I’ve been re-reading in parts recently, as a source for WikiPedia contributions on Andrea Dworkin and a new entry on Women Against Pornography. I mention, off to one side, that things are often more complicated than they seem, and that this is relevant to one of the most frequent questions that Roderick and I most frequently get on our qualified defense of Andrea Dworkin and Catharine MacKinnon, and our passing comments about anti-pornography radical feminism, in our paper on libertarian feminism.

Brownmiller has been discussing the fights over municipal anti-pornography civil rights ordinances authored by Dworkin and MacKinnon in 1983-1984.

Andrea mailed me a copy of the ordinance on December 29, the day before it passed by one vote in the city council. I hadn’t even known that she and MacKinnon were in Minneapolis and working on legislation, but on reading the bill I quickly concluded that it was unworkable—full of overblown rhetoric, overly broad and vague intentions, tricky and convoluted legal locutions. Any court in the land, I believed, would find it unconstitutional, an observation I offered in my usual blunt manner when Andrea called a few days later to get my endorsement.

I assured her I would not go public with my negative opinion. I still cared tremendously about the issue, and for all its flaws, I figured the ordinance might be a valuable consciousness-raiser and organizing tool. In a bad lapse of political judgment, I failed to perceive how it would polarize an already divided feminist community by providing an even better organizing tool for the opposition. Not that what I thought mattered at that point. I had ceded leadership in antipornography work to those willing to carry it forward when I’d retreated to finish my book on femininity, just then reaching bookstores after a very long haul.

Few people noticed my absence from the national list of ordinance supporters. Gloria Steinem, Robin Morgan, Phyllis Chesler, and the new leadership of Women Against Pornography had already sent Dworkin and MacKinnon their glowing commendations. I thought it was fucking brilliant, Robin Morgan remembers, just brilliant the way they circumvented the criminal statutes and obscenity codes identified with the right wing, and took a new path through the concept of harm and civil rights discrimination. Robin, coiner of the slogan Pornography is the theory, rape is the practice, did not se any constitutional problem. If I had, she concedes, I doubt that it would have affected my position.

The ordinance was vetoed within days of its passage by Mayor Donald Fraser, who maintained that the city did not have the financial resources to defend the law’s constitutionality in court. Seven months later it came up before the council again, with minor modifications. This time around, pornography was defined only as a contributory factor, not central to the subordination of women. Dorchen Leidholdt flew to Minneapolis to help with a petition drive. Upon her return, she persuaded Women Against Pornography to contribute a few thousand dollars from its dwindling treasury to the effort.

The switch from a plucky, inventive campaign to educate the public about pornography’s dangers to the promotion of new legislation was a huge change in direction for WAP, although given the times, it was probably inevitable. Mehrhof and Alexander, the last of WAP’s original full-time organizers, had already resigned, needing a more reliable weekly paycheck than antipornography work could offer. Increasingly frustrated, the remaining activists had lost their faith in the powers of hand-cranked slide shows and hastily organized protest demonstrations to curb a phenomenal growth industry which was taking advantage of the latest technologies (pre-Internet) to create a multibillion dollar X-rated home video market, Dial-a-Porn, and public-access television channels.

Although WAP backed the ordinance, other antiporn groups were not so sanguine about it. In Washington, political scientist Janet Gornick recalls, the ordinance split her group, Feminists Against Pornography, right down the middle, and ultimately she resigned. We were black and white, lesbian and straight, and almost every one of us had been a victim of sexual violence, says Gornick, whose own activism had started six years earlier, after she was stabbed on the street, dragged twenty feet, and raped a block away from the Harvard campus in a crime that was never solved. FAP was doing very daring direct-action things in addition to the usual slide shows and Take Back the Nights, she relates. We were waging a small war against the Fourteenth Street porn strip north of the White House. But the minute I heard about Minneapolis, I knew it was a strategic catastrophe. It broke my heart. Before then we’d always maintained that we wern’t for new legislation, that we weren’t trying to ban anything. Some of our younger members just couldn’t comprehend that very committed feminists—our elders, our leaders, who were pulling us along by their rhetoric—could make such a big mistake that would lead the movement astray.

… The decision to ally herself with FACT and against the ordinance had come only after some tortured soul-searching by [Adrienne] Rich, whose previous expressions of faith in Andrea Dworkin had attributed to her leadership the greatest depth and grasp. In a special statement for off our backs, optimistically titled We Don’t Have to Come Apart over Pornography, the activist poet wrote, I am less sure than Dworkin and MacKinnon that this is a time when further powers of suppression should be turned over to the State. The lawyer and writer Wendy Kaminer, another early WAP member, went public with her opposition to the ordinance a year or so later.

—Susan Brownmiller, In Our Time: Memoir of a Revolution (1999). 319-322.

Over My Shoulder #4: Paul Buhle’s Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor

You know the rules. Here’s the quote. This is again from Paul Buhle’s Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor.

Paradoxically and simultaneously, industrial unionism—though born of the radicalism of Toledo, Minneapolis, and San Francisco—became a new mode of enforcing the contract. Attempts to seize back the initiative from foremen and time-study experts were met, now, with directives from industrial union leaders to stay in line until a greivance could be properly negotiated. Soon, union dues would be deducted automatically from wages, so that officials no longer needed to bother making personal contact and monthly appeals to the loyalty of members.

Meany, treating industrial unionists at large as enemies, could not for many years grasp that events were bringing the CIO’s elected officials closer to him. He was steeped in a craft tradition to which the very idea of workers united into a single, roughly roughly egalitarian body hinted at revolutionary transformation. But many less conservative sectors were equally surprised by the course of the more democratic CIO unions toward the end of the 1930s. A triangle of government, business, and labor leadership brought about a compact that served mutual interest in stability, though often not in the interests of the workers left out of this power arrangement.

Not until 1937 did business unionism confirm its institutional form, when the Supreme Court upheld the Wagner Act. Now, a legitimate union (that is to say, a union legitimated by the National Labor Relation Board) with more than 50 percent of the vote in a union election became the sole bargaining agent for all. Unions stood on the brink of a membership gold-rush. The left-led Farm Equipment union could that same year, for instance, win a tremendous victory of five thousand workers at International Harvester in Chicago without a strike, thanks to the NLRB-sanctioned vote. But union leaders also prepared to reciprocate the assistance with a crackdown against membership indiscipline. The United Auto Workers, a case in point, arose out of Wobbly traditions mixed with a 1920s Communist-led Auto Workers Union and an amalgam of radicals’ efforts to work within early CIO formations. The fate of the industry, which fought back furiously against unionization, was set by the famed 1937 sit-down strikes centered in Flint,which seemed for a moment to bring the region close to class and civil war. Only the personal intercession of Michigan’s liberal Governor Murphy, it was widely believed, had prevented a bloodbath of employers’ armed goons retaking the basic means of production and setting off something like a class war. Therein lay a contradiction which the likes of George Meany could appreciate without being able to comprehend fully. The notorious willingness of UAW members to halt production until their greivances were met did not end because the union had employed the good offices of the goveronr (and the appeals of Franklin Roosevelt) to bring union recognition. On the one hand, a vast social movement of the unemployed grew up around the auto workers’ strongholds in Michigan, generating a sustained classwide movement of employed and unemployed, lasting until wartime brought near full employment. On the other hand, union leaders, including UAW leaders, swiftly traded off benefits for discipline in an uneven process complicated by strategic and often-changing conflicts within the political left.

The continuing struggle for more complete democratic participation was often restricted to the local or the particularistic, and thanks to a long-standing tradition of autonomy, sometimes to insular circles of AFL veterans. For instance, in heavily French-Canadian Woonsocket, Rhode Island, a vibrant Independent Textile Union had sprung up out of a history of severe repression and the riotous 1934 general textile strike. The ITU remained outside the CIO and set about organizing workers in many industries across Woonsocket; then, after a conservatizing wartime phase, it died slowly with the postwar shutdown of the mills. To take another example, the All Workers Union of Austin, Minnesota—an IWW-like entity which would reappear in spirit during the 1980s as rebellious Local P-9 of the United Food and Commercial Workers—held out for several years in the 1930s against merger. A model par excellence of horizontal, unionism with wide democratic participation and public support, the AWU (urged by Communist regulars and Trotskyists alike) willingly yielded its autonomy, and in so doing also its internal democracy, to the overwhelming influence of the CIO. In yet another case, the Progressive Miners of America, which grew out of a grassroots rebellion against John L. Lewis’s autocratic rule, attempted to place itself in th AFL that Lewis abandoned, on the basis of rank-and-file democracy with a strong dose of anti-foreign and sometimes anti-Semitic rhetoric. Or again: the AFL Seaman’s Union of the Pacific, reacting ferociously to Communist efforts to discipline the sea lanes, stirred syndicalist energies and like the PMA simultaneously drew upon a racist exclusionary streak far more typical of the AFL than the CIO.

These and many less dramatic experiments died or collapsed into the mainstream by wartime. But for industrial unionism at large, the damage had already been done to the possibilities of resisting creeping bureaucratization. Indeed, only where union delegates themselves decreed safety measures of decentralization, as in the UAW in 1939 (against the advice of Communists and their rivals), did conventions emerge guaranteeing participation from below, to some significant degree.

—Paul Buhle, Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor, 119-121.