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Against the Slave Power: the Fugitive Liberalism of Frederick Douglass

Douglass elaborated a political theory attuned to the differential character of law as it applied to slaves and other outlaws.
… we the people, the people, the PEOPLE—we, the people, do ordain and establish this Constitution. There we stand on the main foundation. [Sources of Danger to the Republic, 1867]

Frederick Douglass is the liberal mind for our antiliberal times.

The remarkable life story of Frederick Douglass—escaped slave, abolitionist newspaperman and orator, advisor to presidents, and statesman—tends to eclipse the man’s own ideas. But his star-spangled résumé also featured the fact that he was an innovative political philosopher. His autobiographies are barely disguised political treatises more than they are memoirs. He omits almost any reflection on his intimate relationships, and every story he relates is a parable for some philosophical idea. His vast corpus of writing included essays and speeches explicitly on the nature and justification of government, the derivation of rights, the limits of the Constitution and democracy, and the philosophy of reform.

Douglass was a liberal, though liberals have oddly tended to leave him on the shelf—a glance through any history of liberalism almost invariably fails to even mention Douglass. Douglass’s individualism, his appeals to natural rights, his cosmopolitanism, and his beliefs in self-betterment and social improvement through commerce and industry all fit a basic liberal outlook. But it’s hard to pin him down to anything narrower than that.

What is distinctive about the political philosophy of Douglass—what sets him apart from other liberals—is his fugitivity. Douglass had an ambivalent relationship with the law and a willingness to think and act outside established institutions. Like any good liberal, Douglass advocated the rule of law and stable representative institutions. Liberals are comfortable theorizing about political institutions and constructing mythical origin stories to justify those institutions. Douglass, by contrast, elaborated a political theory from his experiences as a slave, where institutions were directed against him and people like him. He had to become attuned to the differential character of law as it applied to slaves and other outlaws—those outside the law.

The institutional breakdown prior to the Civil War and the extraconstitutional cataclysm of the Civil War itself gave Douglass reason to think about how liberal values could be applied in a revolutionary context of institutions in flux. A keen awareness of the militarily defeated but socially and politically unbroken spirit of slavery gave Douglass a no-bullshit attitude toward the fragility of liberal institutions. Douglass was attuned to how inequalities of wealth and political power and the ever-adaptive spirit of slavery represented ongoing threats to the republic and the flesh and blood people it comprised.