Dividends of the Colour Line: Slaveholder Indemnities and the Philosophy of Right

Abstract

In notes to Hegel's Rechtsphilosophie lectures, written around the time of Haiti's 1825 ‘ransom’—the 150 million francs demanded by France to indemnify former slave and plantation owners—we find an uncanny remark. Hegel appears to report on a different ransom, a compensated abolition of slavery in North America that never happened, anticipating an application of the Fifth Amendment's takings clause that US legal scholarship routinely fails to mention. In view of Alan Brudner's enlistment of Hegel as the philosopher ‘uniquely’ able to understand the Fifth Amendment's requirement for compensation for expropriations—a ‘constitutional essential for liberalism’—this paper explores the meaning of these passages in the historical context of the legal abolitions of Hegel's time: feudalism and slavery. The slaveholder indemnities were clearly the unjust ‘dividends’ of the colour line, but their legal foundations and developments in US thought of the nineteenth century also usefully illustrate takings law's foreclosure of political and social transformation through the securitization of value. Reading these histories and Hegel's comments alongside the critical interventions of the black radical tradition, I suggest that Hegel's curious remarks on compensated takings suggest not only a critical divergence from Brudner's understanding of ‘dialogic community’, but a crucial limitation in his field of analysis which pivoted on the denigration of black sovereignty. This paper thus suggests an understanding of US takings law through the shifting understandings of the term ‘ransom’—which for abolitionists such as Frederick Douglass signified not a resolution of slavery, but rather the threat of its perpetuation—and Douglass's elaboration of the pathology of the colour line.