Juneteenth (June 19th, 1865) was not the end of legal United States slavery.
In Kentucky and at least a couple of other states, slavery remained legal until December 1865.
On June 17th, 2021, President Joe Biden signed into law a bill making Juneteenth a national holiday. Juneteenth.com states "It was on June 19th [1865] that . . . Union soldiers . . . landed at Galveston, Texas with news . . . that the enslaved were now free." That website and many others provide much information about the holiday and its history.
It’s wonderful that the United States finally has a national holiday commemorating the end of slavery in the United States. Furthermore, Juneteenth may be a great day for such a holiday, since it is already celebrated in many parts of the country.
13th Amendment to Constitution Ends Legal U.S. Slavery
However, legal slavery in the United States did not end until December 1865, months after Juneteenth. It was in December 1865 that ratification by the necessary ¾ of the states of the 13th amendment to the Constitution occurred; Congress had passed the amendment January 31, 1865.
Section 1 of the 13th amendment states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Emancipation Proclamation
What about the Emancipation Proclamation?
I thought of the Emancipation Proclamation when I saw the Lincoln Memorial in Washington, D.C. Viewing the structure in person was a moving experience. I took the photo below of the statue on June 22nd, 2017.
Many incorrectly think Lincoln’s Emancipation Proclamation ended all legal slavery in the U.S. But that’s not true.
First of all, it was debatable whether Lincoln’s proclamation was constitutional. He may have usurped Congress’s authority. Indeed, Lincoln later urged Congress to pass legislation to end legal slavery.
Second, Lincoln’s Emancipation Proclamation did not apply to slaves in border states like Kentucky that allowed slavery but remained in the Union.
On June 17th, 2021, President Joe Biden signed into law a bill making Juneteenth a national holiday. Juneteenth.com states "It was on June 19th [1865] that . . . Union soldiers . . . landed at Galveston, Texas with news . . . that the enslaved were now free." That website and many others provide much information about the holiday and its history.
It’s wonderful that the United States finally has a national holiday commemorating the end of slavery in the United States. Furthermore, Juneteenth may be a great day for such a holiday, since it is already celebrated in many parts of the country.
13th Amendment to Constitution Ends Legal U.S. Slavery
However, legal slavery in the United States did not end until December 1865, months after Juneteenth. It was in December 1865 that ratification by the necessary ¾ of the states of the 13th amendment to the Constitution occurred; Congress had passed the amendment January 31, 1865.
Section 1 of the 13th amendment states “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Emancipation Proclamation
What about the Emancipation Proclamation?
I thought of the Emancipation Proclamation when I saw the Lincoln Memorial in Washington, D.C. Viewing the structure in person was a moving experience. I took the photo below of the statue on June 22nd, 2017.
First of all, it was debatable whether Lincoln’s proclamation was constitutional. He may have usurped Congress’s authority. Indeed, Lincoln later urged Congress to pass legislation to end legal slavery.
Second, Lincoln’s Emancipation Proclamation did not apply to slaves in border states like Kentucky that allowed slavery but remained in the Union.
Slavery was legal in Kentucky, but Kentucky did not secede from the United States. Therefore, Kentucky slavery was not outlawed until the passage of the 13th amendment in December 1865.
Lincoln’s preliminary Emancipation Proclamation in September, 1862 stated that all slaves in states (or parts of states) that were fighting against the U.S. on January 1, 1863 would be officially free if liberated by the Union army or they could escape. Lincoln issued the final Emancipation Proclamation on January 1, 1863.
Since Kentucky was not fighting against the United States, the Emancipation Proclamation did not apply in Kentucky. It also did not apply in other slave states that remained in the Union, such as Maryland, Missouri, Delaware, and New Jersey, for the same reason.
Lincoln’s preliminary Emancipation Proclamation in September, 1862 stated that all slaves in states (or parts of states) that were fighting against the U.S. on January 1, 1863 would be officially free if liberated by the Union army or they could escape. Lincoln issued the final Emancipation Proclamation on January 1, 1863.
Since Kentucky was not fighting against the United States, the Emancipation Proclamation did not apply in Kentucky. It also did not apply in other slave states that remained in the Union, such as Maryland, Missouri, Delaware, and New Jersey, for the same reason.
Maryland and Missouri took action at the state level to prohibit slavery before the 13th amendment passed. Howere, slavery remained legal in Kentucky, Delaware, and New Jersey until that amendment to the U.S. Constitution passed. Kentucky had far more slaves at that time than either Delaware or New Jersey.
My home state of Kentucky was one of the few places in the United States where slavery remained legal until the passage of the 13th amendment.
Illegal Slavery and Discrimination
Although the 13th amendment ended legal slavery, some illegal slavery continued.
My home state of Kentucky was one of the few places in the United States where slavery remained legal until the passage of the 13th amendment.
Illegal Slavery and Discrimination
Although the 13th amendment ended legal slavery, some illegal slavery continued.
Indeed, even now in the 21st century we occasionally read of cases of illegal slavery in the United States. Immigrants are sometimes enslaved to work under inhumane conditions. Girls are sometimes kidnapped into sexual slavery.
Furthermore, even after the 13th amendment passed, discrimination, segregation, and other injustices continued.
Furthermore, even after the 13th amendment passed, discrimination, segregation, and other injustices continued.
In addition, slavery also continues to exist illegally in some other countries in the world.
Progress Continues
Additional laws and improved enforcement of the laws are leading to positive changes in the 21st century. Celebrating Juneteenth is one step in the right direction. But June 19th, 1865 wasn’t the end of all slavery.
NOTE:
This article was last revised on March 8, 2023.
