Summary: A historical account of how Abraham Lincoln, although not a traditional abolitionist, strongly supported and implemented the antislavery portions of the Constitution to pursue the end of slavery.

Abraham Lincoln was not an abolitionist in the traditional sense. He did not advocate immediate emancipation in the slave states. He did not advocate active resistance to the Fugitive Slave Act, but only for due process rights. He did not rail in his rhetoric against the vile evils of slavery. But Abraham Lincoln hated slavery and believed there were resources within the Constitution properly leveraged that would lead to its eventual end. How could this be so when the Constitution protected slavery in the states? Only states could abolish slavery, not the Federal government. Both Constitution and legislation allowed slave owners or their proxes to capture and return runaway slaves even where slavery was not legal. And there was that language of slaves being three-fifths of a person.

Actually those who believe in an antislavery Constitution might start there. Slaves are written of as “persons,” undermining the contention of slaves as being property. Beyond this, those who developed the idea of an antislavery Constitution drew on both the Declaration of Independence and the Preamble affirming the equality of persons. They focused on the due process rights protected under the Fifth Amendment to make it as hard as possible for slave owners to retrieve runaways, while not breaking the fugitive slave laws. They used the Federal power to regulate the territories to make these free rather than slave. The Constitution said Congress had no authority “to give legal existence to slavery in any territory of the United States.” They antislavery people were committed to no more compromises that would admit new slave states into the country.

Lincoln believed that slavery would eventually wither away of its own. Some proposed that slaves brought into free territory could sue for their freedom. The dynamic economy of the north would outstrip the south, particularly because it could not expand its economy, fenced about by free territories becoming states. Eventually Southern states would abolish slavery on their own, which only they could do, Lincoln believed, since the Constitution did not give this power to the Federal government.

James Oakes traces the development of this antislavery doctrine, particularly within the Republican party. With enough votes in the growing North, Lincoln was elected. While he assured the South that slavery would be upheld, the implementation of other aspects of the antislavery doctrine triggered secession. Oakes shows how this offered new avenues to antislavery effort: ending slavery in the District of Columbia, ending the slave trade and blocking slave shipping to southern ports, and most significantly, voiding Fugitive Slave laws for slave owners in rebel states, since they no longer were under the laws of the Union. Slaves who fled into Union lines would be considered “contraband” and emancipated. While this was not so for border states who remained in the Union, the Army was directed not to assist in the retrieval of any fugitive slaves, since they did not have the legal powers to properly adjudicate such matters. The owners were on their own, further contributing to abolition.

Oakes doesn’t portray Lincoln as an antiracist. He favored colonization of Blacks, believing Blacks and Whites could not live together. But he hated slavery with a singular focus. One senses a Lincoln both shrewd and resolute in availing himself of all the resources available in the Constitution to move the needle toward abolition and emancipation, even maneuvering conquered states to constitute themselves as free and to join in ratifying the Thirteenth Amendment.

What I continue to wonder about is whether Lincoln realized his approach would send the South over the edge, precipitating the Civil War? Or did the South adequately take on board Lincoln’s resolve to preserve the Union once attacked? I wonder, given the case Oakes make, whether there is an argument to suggest that the South played into Lincoln’s hand, accelerating the demise of slavery that may otherwise have taken another fifty to one hundred years. Did Lincoln fully understand the cards he was holding and play them to full advantage?

I’ve often commented about the writing of slavery into our Constitution. I don’t think we can dodge that terrible compromise. But Oakes offers another perspective, showing the side of the Constitution that assumes freedom and equality the norm and slavery an exception. He also shows the lawyerly genius of Lincoln to recognize and exploit that side to its full extreme. The great sadness of all this was the lives it cost, including in the end, Lincoln’s own. ( )

James Oakes, one of our foremost Civil War historians, proposes in this book that the way to understand Lincoln’s position on slavery was not to focus on his emotional response, by which Lincoln considered slavery to be a social, political, and moral evil, but rather on his fierce devotion to the rule of law and the sanctity of the Union.

Lincoln, Oakes argues, was committed to “antislavery constitutionalism.”

Lincoln believed that the Declaration of Independence “meant that, at the very least, everybody was entitled to be free. It also meant that the promise of universal freedom was embodied in the Constitution.”

Lincoln once likened the Declaration to a picture, the Constitution to its frame. “The picture was made, not to conceal, or destroy the apple; but to adorn, and preserve it. The picture was made for the apple --- not the apple for the picture.”

Thus for Lincoln, the egalitarian principles of the Declaration of Independence were ‘embodied’ in the United States Constitution. For Lincoln, Oakes writes, “. . . the conclusion was inescapable. . . . In the phraseology of his day, the Constitution made freedom the rule and slavery the exception.”

Lincoln, in a speech on June 26, 1857, insisted that the Founders “meant to set up a standard maxim for free society, which should be familiar to all, and revered by all; constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated, and thereby constantly spreading and deepening its influence. . . . ” In other words, the purpose of law is to establish normative standards, and act as a bridge, from that which is, to that which ought to be. This philosophy was reified in the Declaration of Independence.

As Lincoln said in Peoria in 1854, we must re-adopt the Declaration along with practices and policies that harmonize with the plain meaning of the words set forth in the document:

“If we do this, we shall not only have saved the Union; but we shall have so saved it, as to make, and to keep it, forever worthy of the saving. We shall have so saved it, that the succeeding millions of free happy people, the world over, shall rise up, and call us blessed, to the latest generations.”

Evaluation: Oakes makes a subtle argument well worth perusing. Lincoln was only the 16th president, and the meaning of the Constitution was still a matter of salient public debate. Oakes takes us back to that time so we can put the slavery issue into that context, and understand Lincoln’s positions from a more period-specific point of view. ( )