Chapter 2.0. A New Birth of Freedom, Introduction
New Perspectives Opened by the Civil War. Although the northern war effort did not begin with abolitionist goals in mind, the war itself was a game-changer. This was true for a number of reasons, and perhaps most of all because of how African-Americans responded to the new circumstances. At the time many whites were surprised (a surprise that is hard to understand today) by the readiness with which hundreds of thousands of former slaves left plantations and sought refuge with Union troops or in the North. Even more impressive for many whites was the courage and effectiveness shown by black troops, who by 1865 made up fully 25% of the Union army.
Over the first two years of the war northern sentiment, at least among the dominant Republican Party, became more and more “abolitionist” in its goals–though at first this was mostly for pragmatic reasons having to do with the wartime needs. By 1863 support for ending slavery altogether was growing.
The Renewed Ideal of Equality. These factors help to explain why by 1863 Republican opinion was beginning to shift in favor of complete abolition, a change first officially heralded by Lincoln’s Emancipation Proclamation of January 1, 1863—even though this proclamation did not immediately free any slaves. The Gettysburg Address, given in November, 1863, confirmed this new direction. It marks a crucial moment when the abolitionist ideal of equality first began to receive more authoritative recognition as one of the nation’s founding principles.
Constitutional Revolution. The Civil War and its aftermath together represent a “constitutional revolution,” or even a “second founding” of the U.S., as many scholars have argued. The key constitutional changes are embodied in the 13th, 14th, and 15th Amendments, all ratified between 1865 and 1870. This chapter just introduces this topic, which is examined in detail in the sequel to this class, American Legal History from 1860 to the Present (Legal Studies/History 262). On the idea of a constitutional revolution or a second founding in this period, see: Eric Foner, American Freedom, pp. 106-07.