America's First Civil Rights Movement, from the Revolution to Reconstruction
Finalist for the 2022 Pulitzer Prize in History Finalist for the 2022 Lincoln Prize Winner of the 2022 John Nau Book Prize in American Civil War Era History One of NPR's Best Books of 2021 and a New York Times Critics' Top Book of 2021 A groundbreaking history of the movement for equal rights that courageously battled racist laws and institutions, Northern and Southern, in the decades before the Civil War. The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states enacted laws that discouraged free African Americans from settling within their boundaries and restricted their rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws. They countered the states’ insistences that states were merely trying to maintain the domestic peace with the equal-rights promises they found in the Declaration of Independence and the Constitution. They were pastors, editors, lawyers, politicians, ship captains, and countless ordinary men and women, and they fought in the press, the courts, the state legislatures, and Congress, through petitioning, lobbying, party politics, and elections. Long stymied by hostile white majorities and unfavorable court decisions, the movement’s ideals became increasingly mainstream in the 1850s, particularly among supporters of the new Republican party. When Congress began rebuilding the nation after the Civil War, Republicans installed this vision of racial equality in the 1866 Civil Rights Act and the Fourteenth Amendment. These were the landmark achievements of the first civil rights movement. Kate Masur’s magisterial history delivers this pathbreaking movement in vivid detail. Activists such as John Jones, a free Black tailor from North Carolina whose opposition to the Illinois “black laws” helped make the case for racial equality, demonstrate the indispensable role of African Americans in shaping the American ideal of equality before the law. Without enforcement, promises of legal equality were not enough. But the antebellum movement laid the foundation for a racial justice tradition that remains vital to this day.
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Summary: The movement for Civil Rights prior to the Civil War is an under-told story and one which is important to the context of both the Reconstruction Era and the later Civil Rights movement of the 20th century.
Until Justice Be Done provided historical context for an era in which I did not have a lot of background. I have studied the Revolutionary War period and the Civil War and the Reconstruction Era. Still, my understanding of the history between the Revolution and the Civil War has primarily been through individual biographies, and Until Justice Be Done was helpful. (It was also on the shortlist for finalists for the Pulitizer as well as several other book awards which both confirms what I thought about the writing and verified the quality of the historical work.)
There were five big takeaways for me from the book.
First, the English poor laws were intended to require the care of the poor but were used both in England and the US as a way to keep the poor out of local communities, which turned the original purpose of those laws on its head. I could not help but think of Jesus' comments about technically following the law but missing the point of the law (Matt 15:4-10, Mark 7: 1-23) when the religious leaders were claiming that they did not have resources help the poor because they had pledged money to God.
“But race was not the only kind of difference that was significant in this society, and many of the racist laws in Ohio and elsewhere were built atop laws designed to address challenges of poverty and dependency. These legal structures dated back to the sixteenth century and the English tradition of managing the poor. Local governments in England had responded to a rising population of mobile poor people and their demands for aid by establishing regulations designed to distinguish between those who belonged in the community and those who did not. The core idea in the English poor-law tradition was that families and communities were obliged to provide for their own dependent poor, but not for transients and strangers.” (p4)