The Western constitutional philosophy is based on the concepts of free choice, free markets, and free enterprises. Yet early societies did not enjoy unlimited freedom since both nature and society impose constraints on minority societies. According to the social contract theory, the rational is to provide for the existence of society as the business increases the freedom of individuals. Freedom and its limits as a concept have traditionally played a significant role in the history of Western thought, drawing attention from thinkers such as Hobbes, Locke, Aristotle, Rousseau, and Rawls. American psychologist, Alexis DeTocqueville regarded personal freedom as the overriding value in the American psyche1. In recent years, Angela Davies claims, “today freedom stands unchallenged as the supreme value of the Western world.”2 However, while freedom supports and justifies protection and promotion of welfare of all citizens, it also excuses unethical and selfish behavior. The demand for freedom often assumes individualistic perspective, which has raised concerns within the society. For example, George raises concern on the “ethics of personal advantage” (1972, p. 178). This paper examines how the whites limited the freedom of African Americans after the civil war.
Discussion
Even though, the importance of individual and societal freedom had received wide acceptance, arguments exist over the extent of these freedoms as evidenced from the treatment of African Americans in the history of the nation. The American Revolution led to the realization of the need for equality for not only the whites but also the black Americans and Indians. The resulting revolution gave space for public debates, and social and political struggles. This culminated into widening of the scale of freedom thereby challenging hierarchical systems of power prevailing America. Traditionally, inequality had formed a foundation of the colonial social order. The Declaration of Independence affirmed the importance of equality of all people and that they must get equal treatment, which profoundly altered the American society. However, the proponents of the Revolution had not foreseen or prepared themselves for this intended disruption of social order. The process of classlessness t was indeed a dramatic event for non-slaves since they emerged as elite elements in politics. It was enthralling to note that the elites of Pennsylvania who were aware of such disruptions opposed independence. Radicals from Pennsylvania also opposed property qualifications for voting.
Even though, the end of slavery destroyed the social system of the Old South, it did little in eliminating racism. Starting as early as 1865, the legislatures in all Southern States, with the exception of North Carolina enacted the Black Code, which were designed to control and restrict the civil rights of blacks3. Even though varied from state to state, the most common provisions of these regulations included the prohibition of interracial marriages, establishment of racial segregation in public places, and the legal recognition of marriages between blacks. The Black Code also limited the blacks from testifying against whites in court even though they could testify against their fellow blacks. In addition, the Black Code forbade blacks in any manner from attempting any employment opportunity with the exception of agriculture. Blacks living in Mississippi were prohibited from renting or owning farmland and were required to sign annual labor with white employers.
Following the American Revolution, all the states agreed on writing a new constitution, and that their governments must be republics. According to the new constitution, Americans agreed on two notable things: equality for all people, and republican form of government. It is pertinent to note that the constitution explicitly showed that not all Americans agreed on how to achieve these ideals. It was however evident that the ideals of the new constitution did not help much toward ensuring that the United States became a free nation. The new constitution barred African Americans from exercising some of their rights as prescribed in the new constitution including ownership of property, voting, and access to public facilities.
Despite having clear ideals in the new constitution, the African Americans did not participate in some aspects of social life. The right to vote among Americans depended on property ownership as a qualification for suffrage. Those without land did not have the right to vote according to the American constitution. This limited the ability of African Americans to decide on how the states functioned. However, in the southern states, some level of democracy prevailed since it allowed people owning land to maintain their power in the political arena. During the 1780s majority of senior white males, with the exception of those in Maryland, Virginia, and New York, were able to meet the voting requirements4. Women, Indians, and African Americans could not vote since they could not meet the voting requirements. This acted a great deal in limiting individual freedom in deciding on how states functioned. It is evident that individual’s right to vote and freedom had become interchangeable.
Following the American Revolution, economic freedom took a different direction with many soliciting for economic freedom. After the revolution, means of earning a living became an important aspect in expanding the concept of freedom. The absence of freedom, intrinsic in servitude and apprenticeship increasingly gained recognition as something irreconcilable with republican citizenship. By 1800, two labor systems existed in America; slave labor in which people had no choice but to work in the firms, and free labor, in which individuals were free to choose when and where to work. This distinction between slavery and freedom became an important aspect of the economic system. During this period, the freedom of slaves depended on the economic systems established by the states. This greatly limited the freedom of slaves to live as freemen since they remained the property of slave owners. The foundation of a republic depended on equality. To the majority of free Americans, equality represented equal chances, rather than equality of stipulation5. In this context, economists such as Thomas Jefferson equated freedom with economic resources and land.
During the American Revolution, most Americans did not think of ending slavery. As manifested during the debates over the debates during the British rule, slavery received attention as a political topic rather than societal issue. Most Americans viewed Britain as a “kingdom of slavery” and America as “a country of freemen.” The proponents of the revolution did not view slavery as something that infringed of the freedom of other people. The central idea to Americans fight during the revolution revolved around liberty giving less emphasis on other issues including slavery and freedom of the slaves. James Otis presented an idea that freedom had to involve everyone including blacks and that white population acted inhumanly while fostering segregation6.
During the revolution, some loyalists presented the argument that slaving black made it possible for whites to attain the freedom that they desired. Those who argued for continuation of slavery thought that the blacks provided cheap labor to their masters and that there was no need of freeing them. In addition, most Americans thought that the government’s effort to grab individual property including slaves would act as an infringement on liberty. The definition of freedom as a collective prerogative rather than defined conglomerate of rights for specific people or place raised many queries in regard to status of slaves especially after the revolution. The black populations in America become vocal in their search for equality in both the North and South. As early as 1770s, the slaves had started lobbying for freedom in New England. It was to the surprise of the blacks that the Americans failed to notice its rhetoric while demanding for emancipation.
The blacks fought fiercely in order to attain liberty in America and this led to George Washington acceptance of black recruits following the Lord Dunmore’s proclamation. Some slaves got the opportunity to serve in place of an owner and more than five thousand black recruited into the army. The slaves also realized that owing allegiance to the British offered them more opportunities for liberty. Most Americans felt that the intensifying revolutionary activities compromised the existence of slavery. This led to most of the states north of Maryland making efforts to freeing blacks from slavery between 1777 and 1804. During the same period, the process of abolition took a slow pace, and it only catered for the upcoming offspring of current slaves. Even though the war led to emergence of free blacks, it did not fully face-out slavery for blacks as recounted by Rosa Parks following her refusal to yield a seat to a white passenger on a Montgomery city bus7. This resulted into her arrest for violating the racial inequality practices giving preferential treatment to whites in public transport.
Conclusion
In conclusion, freedom remained limited to the blacks living in America as portrayed in the recorded literature. Even though the American Constitution philosophy builds on concepts of free choice, the early black society did not enjoy the fruits of unlimited freedom and had to undergo a series of civil protests in order to achieve the desired freedom. The struggle toward a freedom for all in America has experienced several objections mainly from the white community who feel that blacks have a lesser position in the society. African Americans experienced limits of freedom in several aspects of their social and public lives, which denied them enjoying equal treatment with the whites. It is important to note that blacks in America today enjoy equal freedom with the white population.
Foner, Eric. Give Me Liberty!: An American History. New York: W W Norton & Company Incorporated, 2011.
Foner, Eric. Voices of Freedom. New York: W W Norton & Company Incorporated, 2011.
George P. Rawick. 1972. The American Slave: A Composite Autobiography, volume 8. Westport, Conn.: Greenwood Press.
Theodore B. Wilson. 1965. The Black Codes of the South. Tuscaloosa: University of Alabama Press.
