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.

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

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.

Reprint of the original, first published in 1876.

“Wilentz brings a lifetime of learning and a mastery of political history to this brilliant book.” —David W. Blight, author of Frederick Douglass A New York Times Book Review Editors’ Choice A Foreign Affairs Best Book of the Year Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. In this essential reconsideration of the creation and legacy of our nation’s founding document, Sean Wilentz reveals the tortured compromises that led the Founders to abide slavery without legitimizing it, a deliberate ambiguity that fractured the nation seventy years later. Contesting the Southern proslavery version of the Constitution, Abraham Lincoln and Frederick Douglass pointed to the framers’ refusal to validate what they called “property in man.” No Property in Man has opened a fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Civil War. It drives straight to the heart of the single most contentious issue in all of American history. “Revealing and passionately argued...[Wilentz] insists that because the framers did not sanction slavery as a matter of principle, the antislavery legacy of the Constitution has been...‘misconstrued’ for over 200 years.” —Khalil Gibran Muhammad, New York Times “Wilentz’s careful and insightful analysis helps us understand how Americans who hated slavery, such as Abraham Lincoln and Frederick Douglass, could come to see the Constitution as an ally in their struggle.” —Eric Foner

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.