THE CROOKED PATH TO ABOLITION

A superb analysis of how the Constitution influenced the battle over slavery.

Although the Constitution is widely considered a sacred document, legal scholars disagree on what the various clauses mean, and activists denounce it as flawed by shameful racist compromises. Oakes agrees that the Founding Fathers did indeed compromise. However, he demonstrates that the end result was so sloppy that, before the Civil War, slavery supporters could claim that it protected their institution, and abolitionists had no doubt that it didn’t. For example, the Fifth Amendment states that no person may be deprived of life, liberty, or property without due process. The Constitution refers to slaves as “persons,” but only abolitionists believed it. “Nowhere,” writes the author, “does the Constitution state that Congress cannot ‘interfere’ with slavery or abolition in a state, yet it was widely agreed that it could not.” The Constitution never mentions a right of “property in man” despite the assertion by Chief Justice Robert Taney in the 1857 Dred Scott decision that it does. Thus, the heated debate over slavery referred to principles absent from the text. Depending on one’s view, there existed a pro-slavery Constitution and an anti-slavery Constitution. Despite a lifelong dislike of slavery, Lincoln gets low marks from activists for his statements on racial equality, but he was a practical politician who needed to appeal to a Republican Party that contained members who were “thoroughgoing racial egalitarians.” “Others were unabashed racists in a way that Lincoln never was,” writes Oakes, who parses a complex topic with an impressive combination of deep insight and concision. Pressured during the famous 1858 debates with Stephen Douglas, who claimed that Lincoln was “an advocate for racial ‘amalgamation,’ ” he backpedaled. Other scholars fault him for keeping abolitionists at arm’s length and look down their noses at the Emancipation Proclamation, which freed few slaves. However, Oakes persuasively shows how, from the moment Lincoln assumed office, he made it clear by both rhetoric and action that slavery was doomed.

Many books discuss Lincoln and abolition, but this is among the best.