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, by Sean Wilentz
Ebook , by Sean Wilentz
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Product details
File Size: 1192 KB
Print Length: 368 pages
Publisher: Harvard University Press (September 6, 2018)
Publication Date: September 6, 2018
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B07DGH6D5Y
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#401,061 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
This book is a fascinating and convincing analysis of (1) the political contest between pro and anti-slavery forces during the founding of the United States, (2) the legacy left by that contest in the text of the Constitution, and (3) the contribution of that legacy to the eventual destruction of slavery. Short and to the point, yet nuanced and complex, it presumes on the part of the reader a basic familiarity with American history and the U.S. Constitution.As the author, Sean Wilentz, explains, during the last thirty years, historians have “forced a reckoning with the Constitution’s concessions to slavery that scholars had evaded for generationsâ€â€”such as the infamous “three fifths compromise†by which the slave holding states obtained greater representation in the House of Representatives than would have been due them if representation had been based only on their share of the nation’s voting population.While acknowledging the beneficial aspect of that “reckoning,†Wilentz argues that a victory by the forces OPPOSING slavery that has been overlooked by the historians of recent decades was at least equally important in shaping the Constitution, and possibly more decisive in determining the fate of slavery.To make the foundational struggle between pro and anti-slavery forces more comprehensible, Wilentz first explains that one of the central purposes of the constitution was to increase the security of personal property—a purpose that also motivated Congress when it added the Bill of Rights with its “Fifth Amendment,†which prohibits the government from taking away any person’s “life, liberty or property without due process of law.â€At the time of the constitutional convention, under the laws of the states in which slavery was legal, enslaved persons were defined as property. If the founders had tried to create a constitution under which the enslaved persons could have been emancipated by the federal government, the founders would have been threatening the slave holders' property rights under state law, and no slave holding state would have accepted such a constitution.However, what the anti-slavery founders were able to do was to EXCLUDE from the Constitution any hint that enslaved persons ALSO were defined as property under FEDERAL law. For this reason, the new federal government was constitutionally able to prohibit slavery in geographical areas or business transactions controlled by the federal government—such as the territories in the West, and the trade in slaves that was conducted internationally.At the time of the drafting of the Constitution, the power of the federal government to end the international slave trade may have been considered the most important concession made to either side. Ultimately, however, what ended slavery was the power of the federal government to prohibit slavery in the territories. The original Republican party, described by Wilentz as “an antislavery mass organization unprecedented in history,†was dedicated to strangling the institution of slavery by prohibiting its expansion into the territories. The election of the Republican party’s presidential candidate, Abraham Lincoln, triggered secession by the majority of the slave holding states; and secession, in turn, triggered the bloody war that ended slavery.Of course, the seceding slave states insisted that the Constitution had given them federal property rights in their slaves. But Lincoln and his party had a well founded belief to the contrary.In every generation, only a small number of works of history have the potential to significantly enlarge our historical awareness. Sean Wilentz’s “No Property in Man†is such a work.
Wilentz's book on how slavery was treated in the Federal Convention in 1787 has been highly touted by academics and the Wall Street Journal. The praise is justified; Wilentz does a credible job of connecting the dots between the Convention and the secession of the Southern states in 1860. As such, the book will prove to be a handy reference tool for students and historians.Notable among Wilentz's observations are how the Southern states, from the Convention itself, constantly played the secession card to exact concessions from Northern states desirous of forming, and keeping together, the national union. Ironically, the many compromises struck between 1787 and 1860 contained the seeds of the South's destruction in 1865. And Northern patience had clearly worn thin upon the handing down of the Dred Scott decision, which was farcical in its assertions about slavery in the Constitution. Wilentz concludes that the South's worst fear all along was that the North was correct in belief that the Constitution did not authorize, overtly or tacitly, property in man.On the other hand, the "paradox" of the Convention's final product--at times exacerbated by one of the Constitution's authors, James Madison--left much ground to be occupied by supporters of slavery. As Dwight Eisenhower noted in 1960, Robert E. Lee fought for a "constitutionally debatable" issue. That he and the other Confederates were wrong is undeniable; nevertheless, the necessary compromises of 1787 bore bitter fruit that eventually led to war between the states in 1860.The reason I gave "No Property In Man" two stars is because of Wilentz's writing style, which can frankly sap so much energy from its subject (previously treated, in lively manner, by Don Fehrenbacher, Harry Jaffa, and David Potter) that reading it became, at times, a laborious march. This will probably not deter someone who specializes in Constitutional history or slavery, but the book is not exactly suitable for reading history for leisure.With that said, Wiletnz deserves kudos for the insight he brings to the issue of the treatment of slavery in the Constitution.
This book demands a close reading; providing it is very rewarding. One learns how much debate and disagreement went into events that we typically only recognize by a few word descriptives, like The Missouri Compromise or the Compromise of 1850. One comes to admire the courageous persistence of individuals who insisted from the start that slaves were not and could not be treated as "property--yet, how others believed exactly the opposite.Even if you have read many books about this period of history, I believe you will find this illuminating.
Wilentz's book is an elaboration on lectures given at Harvard on the theme of how slavery was and was not recognized in the Constitution. He acknowledges that some of the compromises made -- most notoriously the "three-fifths" rule -- gave disproportionate political weight to Southern slave states by including disenfranchised slaves in their notional populations -- but insists that anti-slavery representatives of various Northern states deliberately refused repeated efforts by Southern representatives to insert language to formalize a property right in slaves in the Constitution itself. He concludes that while the Constitution left slavery in place wherever it existed in 1789, the drafters refrained from any "legitimizing" language in the text -- not by oversight but by design -- and thus laid the groundwork for the abolition of slavery under federal law (but only after a catastrophic civil war).
I disliked nothing.I liked the precise analysis of the slavery issue during the founding and the clear, cogent writting. For anyone wanting to better understand our complex political and legal history with the institution of slavery , this is a must read.
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