Slavery’s Fugitives and the Making of the United States Constitution


Book Description

Slavery’s Fugitives and the Making of the United States Constitution unearths a long-hidden factor that led to the Constitutional Convention in 1787. While historians have generally acknowledged that patriot leaders assembled in response to postwar economic chaos, the threat of popular insurgencies, and the inability of the states to agree on how to fund the national government, Timothy Messer-Kruse suggests that scholars have discounted Americans’ desire to compel Britain to return fugitives from slavery as a driving force behind the convention. During the Revolutionary War, British governors offered freedom to enslaved Americans who joined the king’s army. Thousands responded by fleeing to English camps. After the British defeat at Yorktown, American diplomats demanded the surrender of fugitive slaves. When British generals refused, several states confiscated Loyalist estates and blocked payment of English creditors, hoping to apply enough pressure on the Crown to hand over the runaways. State laws conflicting with the 1783 Treaty of Paris violated the Articles of Confederation—the young nation’s first constitution—but Congress, lacking an executive branch or a federal judiciary, had no means to obligate states to comply. The standoff over the escaped slaves quickly escalated following the Revolution as Britain failed to abandon the western forts it occupied and took steps to curtail American commerce. More than any other single matter, the impasse over the return of enslaved Americans threatened to hamper the nation’s ability to expand westward, develop its commercial economy, and establish itself as a power among the courts of Europe. Messer-Kruse argues that the issue encouraged the founders to consider the prospect of scrapping the Articles of Confederation and drafting a superseding document that would dramatically increase federal authority—the Constitution.




The Captive's Quest for Freedom


Book Description

Examines the impact fugitive slaves had on the Fugitive Slave Law and the coming of the American Civil War.




Slavery’s Fugitives and the Making of the United States Constitution


Book Description

Slavery’s Fugitives and the Making of the United States Constitution unearths a long-hidden factor that led to the Constitutional Convention in 1787. While historians have generally acknowledged that patriot leaders assembled in response to postwar economic chaos, the threat of popular insurgencies, and the inability of the states to agree on how to fund the national government, Timothy Messer-Kruse suggests that scholars have discounted Americans’ desire to compel Britain to return fugitives from slavery as a driving force behind the convention. During the Revolutionary War, British governors offered freedom to enslaved Americans who joined the king’s army. Thousands responded by fleeing to English camps. After the British defeat at Yorktown, American diplomats demanded the surrender of fugitive slaves. When British generals refused, several states confiscated Loyalist estates and blocked payment of English creditors, hoping to apply enough pressure on the Crown to hand over the runaways. State laws conflicting with the 1783 Treaty of Paris violated the Articles of Confederation—the young nation’s first constitution—but Congress, lacking an executive branch or a federal judiciary, had no means to obligate states to comply. The standoff over the escaped slaves quickly escalated following the Revolution as Britain failed to abandon the western forts it occupied and took steps to curtail American commerce. More than any other single matter, the impasse over the return of enslaved Americans threatened to hamper the nation’s ability to expand westward, develop its commercial economy, and establish itself as a power among the courts of Europe. Messer-Kruse argues that the issue encouraged the founders to consider the prospect of scrapping the Articles of Confederation and drafting a superseding document that would dramatically increase federal authority—the Constitution.




The War Before the War


Book Description

A New York Times Notable Book Selection Winner of the Mark Lynton History Prize Winner of the Anisfield-Wolf Book Award Winner of the Lionel Trilling Book Award A New York Times Critics' Best Book "Excellent... stunning."—Ta-Nehisi Coates This book tells the story of America’s original sin—slavery—through politics, law, literature, and above all, through the eyes of enslavedblack people who risked their lives to flee from bondage, thereby forcing the nation to confront the truth about itself. The struggle over slavery divided not only the American nation but also the hearts and minds of individual citizens faced with the timeless problem of when to submit to unjust laws and when to resist. The War Before the War illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.







The Crooked Path to Abolition: Abraham Lincoln and the Antislavery Constitution


Book Description

Finalist for the 2022 Lincoln Prize An award-winning scholar uncovers the guiding principles of Lincoln’s antislavery strategies. The long and turning path to the abolition of American slavery has often been attributed to the equivocations and inconsistencies of antislavery leaders, including Lincoln himself. But James Oakes’s brilliant history of Lincoln’s antislavery strategies reveals a striking consistency and commitment extending over many years. The linchpin of antislavery for Lincoln was the Constitution of the United States. Lincoln adopted the antislavery view that the Constitution made freedom the rule in the United States, slavery the exception. Where federal power prevailed, so did freedom. Where state power prevailed, that state determined the status of slavery, and the federal government could not interfere. It would take state action to achieve the final abolition of American slavery. With this understanding, Lincoln and his antislavery allies used every tool available to undermine the institution. Wherever the Constitution empowered direct federal action—in the western territories, in the District of Columbia, over the slave trade—they intervened. As a congressman in 1849 Lincoln sponsored a bill to abolish slavery in Washington, DC. He reentered politics in 1854 to oppose what he considered the unconstitutional opening of the territories to slavery by the Kansas–Nebraska Act. He attempted to persuade states to abolish slavery by supporting gradual abolition with compensation for slaveholders and the colonization of free Blacks abroad. President Lincoln took full advantage of the antislavery options opened by the Civil War. Enslaved people who escaped to Union lines were declared free. The Emancipation Proclamation, a military order of the president, undermined slavery across the South. It led to abolition by six slave states, which then joined the coalition to affect what Lincoln called the "King’s cure": state ratification of the constitutional amendment that in 1865 finally abolished slavery.




Life of Mr. Fillmore


Book Description




Slavery's Constitution


Book Description

“A historian finds the seeds of an inevitable civil war embedded in the ‘contradictions, ambiguities, and silences’ about slavery in the Constitution.” —Kirkus Reviews Taking on decades of received wisdom, David Waldstreicher has written the first book to recognize slavery’s place at the heart of the US Constitution. Famously, the Constitution never mentions slavery. And yet, of its eighty-four clauses, six were directly concerned with slaves and the interests of their owners. Five other clauses had implications for slavery that were considered and debated by the delegates to the 1787 Constitutional Convention and the citizens of the states during ratification. Slavery was as important to the making of the Constitution as the Constitution was to the survival of slavery. By tracing slavery from before the revolution, through the Constitution’s framing, and into the public debate that followed, Waldstreicher rigorously shows that slavery was not only actively discussed behind the closed and locked doors of the Constitutional Convention, but that it was also deftly woven into the Constitution itself. For one thing, slavery was central to the American economy, and since the document set the stage for a national economy, the Constitution could not avoid having implications for slavery. Even more, since the government defined sovereignty over individuals, as well as property in them, discussion of sovereignty led directly to debate over slavery’s place in the new republic. Finding meaning in silences that have long been ignored, Slavery’s Constitution is a vital and sorely needed contribution to the conversation about the origins, impact, and meaning of our nation’s founding document.




The Broken Constitution


Book Description

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations




The US Constitution of 1791 and the Fugitive Slave Clause


Book Description

The US Constitutions, both of 1788 and 1791, contain at Article IV (para 2, Section 3) a clause generally called The Fugitive Slave Clause. This Clause was held to make it legal to both recapture and return fugitive slaves to the states where they had lived or the owner, even if he or she resisted. The Clause was held to be constitutionally legal by lawyers and legal commentators. Even Lincoln as a lawyer thought the Clause was constitutionally legal, even though he thought slavery evil. Norman Coles presents arguments which show that the Clause has at least two (and possibly three) meanings. The Clause may not refer to slaves at all, when it is interpreted in accord with its actual phrasing rather than its intended meaning promoting the wishes of owners. Alvan Stewart, a renowned Abolitionist lawyer, argued that the Clause was inconsistent with that part of the 1791 US Constitution which is Amendment IV, reasoning premised on the definition of person, which applied to the two dated Constitutions; and with regard to the Fourth Amendment (1791) where slavery (unless a result of crime and jury trial) was illegal under US law. Stewarts arguments are about Constitutional principles, not the practical consequences of believing the Clause was law. Stewarts reasoning is penetrating; arguments relating to ambiguity and legal jargon are superseded by the logical consequence of the fact that if the Clause is about fugitive slaves, its legality rests on false assumptions. Herein lay the potential to avoid an historical tragedy. In the course of time legal and political champions, in conjunction with a growing number of US States, favoured laws which barred slave-hunting, but in the interim legal inadequacy resulted in the unnecessary continuation of slave-holding. This publication is a fundamental reconsideration of the intertwining of American History and American Constitutional Law.