This page intentionally left blank Final Freedom This book examines emancipation after the Emancipation Proclamation of 1863 and during the last years of the American Civil War. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Amer- icans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclama- tion. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the cru- cial consideration of emancipation occurred after, not before, the Eman- cipation Proclamation; that the debate over final freedom was shaped by a level of volatility in society and politics underestimated by prior histo- rians; and that the abolition of slavery by constitutional amendment rep- resented a novel method of reform that transformed attitudes toward the Constitution. Michael Vorenberg is Assistant Professor of History at Brown University. CAMBRIDGE HISTORICAL STUDIES IN AMERICAN LAW AND SOCIETY Editor Christopher Tomlins American Bar Foundation Previously published in the series: Robert J. Steinfeld, Coercion, Contract, and Free Labor in Nineteenth- Century America David M. Rabban, Free Speech in Its Forgotten Years Jenny Wahl, The Bondsman’s Burden: An Economic Analysis of the Common Law of Southern Slavery Michael Grossberg, A Judgment for Solomon: The D’Hauteville Case and Legal Experience in Antebellum America Final Freedom The Civil War, the Abolition of Slavery, and the Thirteenth Amendment MICHAEL VORENBERG Brown University The Pitt Building, Trumpington Street, Cambridge, United Kingdom The Edinburgh Building, Cambridge CB2 2RU, UK 40 West 20th Street, New York, NY 10011-4211, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia Ruiz de Alarcón 13, 28014 Madrid, Spain Dock House, The Waterfront, Cape Town 8001, South Africa http://www.cambridge.org ©Michael Vorenberg 2004 First published in printed format 2001 ISBN 0-511-04052-0 eBook (netLibrary) ISBN 0-521-65267-7 hardback For Dan and Tom, my best teachers
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