Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-17T18:11:27.344Z Has data issue: false hasContentIssue false

3 - Enslaved Americans, Emancipation, and the Future Legal Order

Published online by Cambridge University Press:  05 February 2015

Laura F. Edwards
Affiliation:
Duke University, North Carolina
Get access

Summary

Although slavery figured prominently in the rhetoric of political leaders on the eve of the Civil War, enslaved African Americans did not. When Abraham Lincoln was elected in 1860, he promised not to touch slavery in those states where it already existed. He did oppose the extension of slavery into western territories, in keeping with the Republican Party platform. But, otherwise, he vowed to keep the federal government out of the institution, leaving its regulation and the status of enslaved African Americans to the states. “I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists,” promised Lincoln in his inaugural address. “I believe I have no lawful right to do so, and I have no inclination to do so.” Those words provided no consolation to Confederate leaders, who thought Lincoln’s election would lead inevitably to slavery’s demise. Even so, they gave surprisingly little consideration to the implications of war for those they held in bondage.

Enslaved African Americans felt differently. They began leaving slavery in the summer of 1861, even before secession devolved into war. More accurately, they left slavery for freedom, which moved geographically closer in 1861 than it had ever been before, particularly for those along the coast of the eastern seaboard. Where they once had to travel hundreds of miles to free states in the North, they were now within hailing distance of those states’ representatives: the U.S. Navy, which patrolled the Confederate coast in its blockade, and the U.S. Army, which occupied federal forts offshore in Virginia, Georgia, North Carolina, and South Carolina. Enslaved African Americans along the South Carolina coast began fleeing to U.S. naval vessels as soon as the state seceded. By July 1861, about nine hundred of slavery’s refugees had sought asylum with General Benjamin Butler’s army at Fortress Monroe, Virginia.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Oakes, James, Freedom National: The Destruction of Slavery in the United States (New York, 2013
Stone, Sarah Katherine (Holmes), Brokenburn: The Journal of Kate Stone, 1861–1868, edited by Anderson, John Q. (Baton Rouge, LA, 1955), p. 27.
Berlin, et al., Freedom: A Documentary History of Emancipation, 1861–1867, Series 2: The Black Military Experience (New York, 1982
The Destruction of Slavery (New York, 1985
The Wartime Genesis of Free Labor: The Lower South (New York, 1990
The Wartime Genesis of Free Labor: The Upper South (New York, 1993
Hahn, Steven et al., Freedom: A Documentary History of Emancipation, 1861–1867, Series 3, Vol. 1: Land and Labor, 1865 (Chapel Hill, NC, 2008
DuBois, W. E. B., Black Reconstruction: An Essay toward a History of the Part Which Black Folk Played in the Attempt to Reconstruct Democracy in America, 1860–1880 (New York, 1935
Quarles, Benjamin, The Negro in the Civil War (Boston, 1953
Wiecek, William M., The Sources of Anti-Slavery Constitutionalism in America, 1760–1848 (Ithaca, NY, 1977
Fehrenbacher, Don E., The Dred Scott Case: Its Significance in American Law and Politics (New York, 1978
Graber, Mark, Dred Scott and the Problem of Constitutional Evil (New York, 2006
Kammen, Michael, A Machine That Would Go of Itself: The Constitution in American Culture (New York, 1986
Kyvig, David E., Explicit and Authentic Acts: Amending the U.S. Constitution, 1776–1995 (Lawrence, KS, 1996
Vorenberg, Michael, Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment (New York, 2001), pp. 18–22
Foner, Eric, The Fiery Trial: Abraham Lincoln and American Slavery (New York, 2010), pp. 72–3
Masur, Quoted in Kate, “‘A Rare Phenomenon of Philological Vegetation’: The Word ‘Contraband’ and the Meanings of Emancipation in the United States,” Journal of American History 93 (2007): 1054Google Scholar
Gerteis, Louis, From Contraband to Freedman: Federal Policy toward Southern Blacks, 1861–1865 (Westport, CT, 1973
Sidali, Silvana, From Property to Person: Slavery and the Confiscation Acts, 1861–1862 (Baton Rouge, LA, 2005), pp. 95–119
Kettner, James H., The Development of American Citizenship, 1608–1870 (Chapel Hill, NC, 1978
Jones, Martha S. shows in “Hughes v. Jackson: Race and Rights beyond Dred Scott,” North Carolina Law Review 91 (2013): 1757–83Google Scholar
Levy, Leonard W., The Law of the Commonwealth and Chief Justice Shaw (Cambridge, MA, 1957
Finkelman, Paul, An Imperfect Union: Slavery, Federalism, and Comity (Chapel Hill, NC, 1981
Jones, Martha S., “Time, Space, and Jurisdiction in Atlantic World Slavery: The Volunbrun Household in Gradual Emancipation New York,” Law and History Review 29 (2011): 1031–60Google Scholar
Wong, Eldie L., Neither Fugitive nor Free: Atlantic Slavery, Freedom Suits, and the Legal Culture of Travel (New York, 2009
Gross, Ariela J., What Blood Won’t Tell: A History of Race on Trial in America (Cambridge, MA, 2008
Douglass, Frederick, The Life and Writings of Frederick Douglass, Foner, Philip, ed. (New York, 1950–75) 3:151–4
Masur, Kate, An Example for All the Land: Emancipation and the Struggle over Equality in Washington, D.C. (Chapel Hill, NC, 2010
Holt, Thomas C., “‘An Empire over the Mind’: Emancipation, Race, and Ideology in the British West Indies and the American South,” in Region, Race, and Reconstruction: Essays in Honor of C. Vann Woodward, edited by Kousser, J. Morgan and McPherson, James (New York, 1982), pp. 283–331

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×