Book Review of: Slaveholder's Union

George VanCleve has recently published his book, "Slaveholder's Union" (2010) (University of Chicago Press). To put it bluntly, VanCleve comes to the absurd conclusion that the American Revolution, the Declaration of Independence, and the United States Constitution were movtivated primarily to enshrine Slavery in America. There are several points to be made in relation to VanCleve's book. First, the title "Slaveholder's Union" is stupid. While VanCleve's book begin with analysis of the American Republic prior to the American Revolution, the rather misleading title he uses refers to the Union North during the American Civil War of the 1860's, where America was divided between the Union North and the Confederate South. VanCleve would have done better to emmulate the title found in the book, "Slaveholding Republic" by Don Fehrenbacher, published in 2001. Contrary to an assertion made in a synopsis of VanCleve's book, it is clear that the dispositive treatment of Slavery in America is Fehrenbacher's book, "Slaveholding Republic." Feherenbacher comes to the more balanced conclusion that the American Revolution has nothing to do with Slavery, one way or the other. My own scholarship indicates that the American Revolutionary movement laid the groundwork for the abolition of Slavery in America. The Pennsylvania Charter of 1681 by King Charles II of England states that all laws must be in accorance with reason, that is, they must be reasonable. Similary, the British Constitution, Magna Charta (1215), incorported into the Maryland Constitution, guarantees that each person has a Natural Right to Liberty. Grotius, Europe's' greatest legal philosopher, wrote that all law must be in accordance with reason, and that Natural Law, providing that the Natural Right to Liberty , is inalienable and cannot be taken away. Finally, the American Declaration of Independence and the Pennsylvania Constiution both provide that each person, without exception, has a indefeasible right to Life, Liberty, Property, and the pursuit of Happiness. Therefore, I argue that the intellecual groundwork was laid to declare that blacks also have Natural Rights to Liberty and the Pursuit of Happiness, which act to abolish Slavery. Politically, you can see that if protection from Slavery was not included in the foregoing legal protections, then it would have been possible for there to be Slavery for Native Americans, Creole Whites, Mullat Blacks, relgious minorities, and ethnic minorities. Thus, it became apparent that if Black's could be unreasonably enslaved, then other groups could as well. Thus, both as a matter of Principle, and as a matter of rational self interest, a growing movement to abolish all Slavery began. This is affirmed by the fact that the Treaty between Britain and America ending the War of 1812 bound both countries to eliminate slavery as soon as possible. So, it is clear that the driving force behind the American movement for Independence was politically motivated by a desire to eliminate arbritrary government and ensure Individual Rights of each person based upon a Natural, inherent Right to Liberty and the Pursuit of Happiness. VanCleve's first try at an academic book is a simpliste effort, and it is encouraging to note that Harvard is still putting out graduates with the caliber of George VanCleve.

Reviewed by Anthony J. Fejfar, Esq., Coif Member, United States Supreme Court Bar