After approval by
the U.S. House of Representatives, the proposed Thirteenth
Amendment to abolish slavery in the United States was sent to
the states for ratification. The U.S. Constitution requires
that three-quarters of the states officially endorse a proposed
amendment before it becomes part of the Constitution. In 1865,
most congressmen had assumed, with little public discussion,
that former Confederate states would take part in the
ratification process. With the war ending on April 9, 1865,
that meant that all 11 former Confederate states would be
included, so that the proposed abolition amendment needed
approval by 27 of the entire 36 states in the Union.
Immediately after the U.S. House passed the
Thirteenth Amendment on January 31, 1865, Senator Lyman Trumbull
telegraphed Governor Richard J. Oglesby of Illinois urging him
to ensure that President Lincoln’s home state was the first to
ratify the historic proposal. The next day at noon, Governor
Oglesby forwarded the news to the state legislature, along with
his directive that the Thirteenth Amendment “is just, it is
humane” and should be approved “now.” By 4:30 that afternoon,
February 1, large majorities in both state chambers had ratified
the Thirteenth Amendment. By early March, it had been approved
by 19 states, most of which were in the Midwest, New England,
and the Mid-Atlantic, along with the Border States of Maryland,
West Virginia, and Missouri, and two Western states, Kansas and
Nevada. In the same period, it was rejected by three states,
Delaware, Kentucky, and New Jersey.
With former Confederate states part of the
ratification process, Virginia and Louisiana approved the
Thirteenth Amendment in February followed by Tennessee and
Arkansas in April. The governments of Louisiana, Tennessee, and
Arkansas were those established under President Lincoln’s
Reconstruction policy. In Virginia, the Thirteenth Amendment
was ratified by a “rump” legislature, which had begun meeting in
Alexandria shortly after the Civil War began, claiming to be the
legitimate and loyal representative of the state in the Union.
It had earlier approved the creation of the state’s western
counties into the new state of West Virginia. The U.S. State
Department accepted the ratification from those four and, later,
other Southern states.
In the months following the end of the
Civil War and President Lincoln’s assassination in mid-April
1865, the Thirteenth Amendment was ratified by Connecticut on
May 4 and New Hampshire on July 1. The focus then shifted
southward as momentum for ratification slowed. Upon the death
of Lincoln, Vice President Andrew Johnson, a War Democrat from
Tennessee, was sworn in as president. While Congress was in
recess during the summer of 1865, President Johnson began
implementing his own Reconstruction program.
Under his guidelines, the new state
constitutions abolished slavery, repealed their secession
ordinances, and repudiated Confederate war debts. The
president also urged, but did not require, the former Confederate states to ratify the Thirteenth Amendment as
a condition for regaining representation in Congress.
In the July 8 issue of Harper’s Weekly,
editor George William Curtis supported Johnson’s
authority to impose conditions on the unreconstructed states in
order to secure the public safety. Curtis argued that the
abolition of slavery, which was at the root of the Civil War,
was of paramount importance to establishing law and order in the
postwar era.
In early 1864, New York Times editor
Henry Raymond had called the proposed abolition amendment an
unnecessary distraction from the war effort. In the
editorial of the July 8, 1865 Harper’s Weekly, Curtis
criticized
The New York Times (“Daily Times”) for opposing the right of
the federal government to impose conditions, including
abolition, on the South. (In the editorial, Dana also refers to
Charles Dana, who was editor of the Chicago Republican; the
New York World was a Democratic newspaper.)
The political debates in the former
Confederate states expressed disgruntlement over abolishing slavery and were filled with overtly racist
language concerning the rights of the freed slaves. In the
October 10 issue of Harper’s Weekly, Curtis was gratified that South Carolina’s provisional governor,
Benjamin Franklin Perry, admitted that slavery was dead, but the
editor expressed dismay over the governor’s comment that “this
is a white man’s government, and intended for white men only.”
Curtis, a longtime advocate of abolition and civil rights for
black Americans, pleaded “only for equal justice for all men,
since it is demonstrated that the Union can stand on no other
foundation.” The next week, he criticized the
Alabama constitutional convention for only reluctantly
abolishing slavery in the proposed state constitution, not
endorsing the Thirteenth Amendment, and for limiting the
political class to white men only. (The Alabama state
legislature later ratified the Thirteenth Amendment on December
2, 1865.)
The concern that the Southern states
undergoing Reconstruction were electing the very men who had led
the Confederacy was expressed in a Harper’s Weekly
cartoon. In it, President Johnson warns a
Virginia ex-Rebel that the federal government will ensure that
blacks will be treated fairly. The sullen Virginian has his
foot on a “Parole of Honor” and the “Constitutional Amendment,”
while a white man whips a black man in the background. (At that
point, Harper’s Weekly was supporting the Johnson
administration, but would later call for his impeachment.)
A post-election cartoon in
November 1865 focused its disdain on Democrats in the northern
state of New Jersey, which had defeated ratification of the
Thirteenth Amendment earlier in the year. The cartoon addressed
the fear spread by opponents of the Thirteenth Amendment (as
previously against the Emancipation Proclamation) that it would
lead to black migration northward and racial intermarriage
(miscegenation). (Some states imposed poll taxes on certain
classes of voters before they could cast their ballots. While
the cartoon reveals that it was single men in New Jersey, the
poll tax was later used widely in the South to discriminate against
black voters until it was made unconstitutional by the
Twenty-Fourth Amendment in 1964.) Since the Union
ticket—Republicans and some War Democrats—had been victorious in
the fall 1864 election in New Jersey, the new state legislature
ratified the Thirteenth Amendment on January 23, 1866, after the
measure had become part of the U.S. Constitution.
The November 4, 1865 issue of Harper’s
Weekly listed the dates when each state had
ratified the Thirteenth Amendment. (It incorrectly included
Iowa, which did not ratify until January 15, 1866, and New
Hampshire’s ratification is often listed as July 1, 1865, rather
than June 30.) In the late autumn of 1865, four of the former
Confederate states approved the Thirteenth Amendment—South
Carolina on November 13, Alabama on December 2, North Carolina
on December 4, and Georgia on December 6—to give it the
constitutionally required approval by three-quarters of the
states (27 of 36). On December 18, 1865, Secretary of State
William Henry Seward declared it officially
ratified and part of the United States Constitution. (That same
day, former Congressman Thomas Corwin, author of the original,
unratified and pro-slavery, Thirteenth Amendment died in
Washington, D.C.)
Of the former Confederate states, all but Florida, Texas, and
Mississippi had ratified the Thirteenth Amendment before it
officially became part of the U.S. Constitution on December 18,
1865. Florida ratified it on December 28, 1865; Texas on
February 18, 1870; and Mississippi never ratified it.
Many politicians in the South, their
Northern allies, and members of the Johnson administration
expected that ratification of the Thirteenth Amendment would
largely end federal intervention in the states of the former
Confederacy. However, there had been voices, such as that of
Harper’s Weekly editor George William Curtis, raised in
protest over the refusal of states undergoing Johnson’s
Reconstruction program to grant basic civil rights to the newly
freed slaves.
Blacks Americans themselves had already
been agitating for federal legislation to grant them citizenship
and voting rights, which was denied them in Southern states and
in many Northern states, as well. In mid-February 1865, only
two weeks after the U.S. House passed the Thirteenth Amendment,
the
Reverend Henry Highland Garnet
became the
first black person to address the United States Congress. He
praised the abolition amendment, but also took the opportunity
to call for its completion through adoption of equal rights
measures. He later became the
U.S. minister to
the African nation of Liberia. (Harper’s Weekly added an
extra “s” to his last name.)
When Congress reconvened in December 1865,
it refused to seat the elected representatives and senators from
the South, and soon began an extended struggle with President
Andrew Johnson over the content and control of Reconstruction.
Part of that political battle would include fights over the
adoption of the Fourteenth Amendment, which granted citizenship
to all persons born or naturalized in the United States, and the
Fifteenth Amendment, which protected voting rights from being
denied on the basis of “race, color, or previous condition of
servitude.” |