Who Freed the Slaves?
The Fight over the Thirteenth Amendment
Leonard L. Richards
The University of Chicago Press
C HICAGO AND L ONDON
Leonard L. Richards is an award-winning historian and the author of seven books, including Gentlemen of Property and Standing; Anti-Abolition Mobs in Jacksonian America; The Life and Times of John Quincy Adams; The Slave Power: The Free North and Southern Domination, 17801860; Shayss Rebellion: The American Revolutions Final Battle; and The California Gold Rush and the Coming of the Civil War. A professor of history at the University of Massachusetts for many years, he has also taught at San Francisco State College and the University of Hawaii.
The University of Chicago Press, Chicago 60637
The University of Chicago Press, Ltd., London
2015 by Leonard L. Richards
All rights reserved. Published 2015.
Printed in the United States of America
24 23 22 21 20 19 18 17 16 15 1 2 3 4 5
ISBN-13: 978-0-226-17820-2 (cloth)
ISBN-13: 978-0-226-20894-7 (e-book)
DOI: 10.7208/chicago/9780226208947.001.0001
Library of Congress Cataloging-in-Publication Data
Richards, Leonard L., author.
Who freed the slaves? : the fight over the Thirteenth Amendment / Leonard L. Richards.
pages
Includes bibliographical references and index.
ISBN 978-0-226-17820-2 (cloth : alk. paper) ISBN 978-0-226-20894-7 (e-book) 1. United States. Constitution. 13th AmendmentHistory.2. SlavesEmancipationUnited StatesHistory19th century.3. Ashley, James Mitchell, 18241896. 4. United States. President (18611865 : Lincoln). Emancipation Proclamation. 5. SlaveryLaw and legislationUnited StatesHistory19th century. I. Title.
2015
342.73087dc23
2014023200
This paper meets the requirements of ANSI / NISO Z39.481992 (Permanence of Paper).
For my grandchildren: Paige, Tyler, Margot, Hazel, Samuel, Eliza, and Hadleigh
The Thirteenth Amendment to the Constitution of the United States
Ratified December 6, 1865
Section 1.
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.
Section 2.
Congress shall have the power to enforce this article by appropriate legislation.
Contents
This project, even though it took just two years to write, actually began some forty years ago, back in the days when I was a graduate student seeking a dissertation topic. At the time, I benefited from the sage advice of Wilson Smith, my main adviser, along with that of Daniel Calhoun and Paul Goodman. All three told me that the topic I had chosen, Northern opposition to the antislavery movement, had to be narrowed. It was just too broad to be done effectively. So I began looking for narrower topics and settled on two, Northerners who mobbed abolitionists and Northerners who opposed the Thirteenth Amendment. I spent about a summer working on both and then decided to concentrate on the mobs.
In the years that followed, although my research interests went in a different direction, the discarded topic never completely vanished from my thoughts because, every year, I taught one or more courses that dealt with the death of US slavery. And, to my dismay, whenever the abolition of slavery came up for classroom discussion, no one in the class ever singled out the proponents of the Thirteenth Amendment for special credit. Clearly, those tenacious warriors along with their equally pugnacious adversaries had been long forgotten.
Otherwise, the explanations I got from students for slaverys demise changed over the years. In the beginning, back in the late 1960s, Lincoln had a lot of bad press. Scores of articles had been published portraying him as a bigot, and some of that information had trickled down to my students. So at first virtually no one said: Lincoln freed the slaves. Nearly all, however, attributed the end of slavery to the Emancipation Proclamation. At this point, most then went on to explain that Lincoln reluctantly did it just to keep England out of the war. That became the standard answer, repeated one semester after another. Then, gradually, the notion that Lincoln was at best a reluctant emancipator disappeared. But the other notionthat the Emancipation Proclamation ended slaveryremained the norm. Few knew anything about the Thirteenth Amendment, and virtually no one knew that getting it through Congress was an uphill battle.
A few years back, I mentioned this fact to some high school history teachers who were taking a course I was teaching in the Teaching American History program. One member of the class decided to poll his fellow history teachers, both in our class and elsewhere, and find out how much they knew about the end of slavery. The results, he said, were terrible. So I decided to write this book, never realizing that Steven Spielberg was about to incorporate several of the long forgotten warriors into the movie Lincoln, which undoubtedly made millions of moviegoers realize for the first time that the Thirteenth Amendmentand not the Emancipation Proclamationended US slavery, but which still adhered to the long-standing tradition of giving Lincoln most of the credit.
In putting this book together, I have had plenty of help. First of all, I owe a big thanks to my students, both at the University of Massachusetts and in the Teaching American History program. I tried much of the basic story out on them, and time and again they pushed me for more information. So much of the explanatory material is there largely because of them. I also owe a big thanks to my colleagues at the University of Massachusetts, especially to Bruce Laurie, Ron Story, Robert Jones, and Barry Levy, who for decades have listened to my ramblings and provided me with sound advice. I also owe a very large debt to many archivists and librarians, especially those at the University of Massachusetts and the American Antiquarian Society, who for the past forty years have found the microfilm, microfiche, and obscure books I needed and in recent years have directed me to key websites. Special thanks are also due to the anonymous reviewers who made valuable suggestions for improving the manuscript and to Timothy Mennel, Nora Devlin, and Yvonne Zipter of the University of Chicago Press, who shepherded the manuscript through publication.
Wednesday, June 15, 1864
James Ashley never forgot the moment. After hours of debate, Schuyler Colfax, the Speaker of the House of Representatives, had finally gaveled the 159 House members to take their seats and get ready to vote.
Most of the members were waving a fan of some sort, but none of the fans did much good. Heat and humidity had turned the nations capitol into a sauna. Equally bad was the stench that emanated from Washingtons back alleys, nearby swamps, and the twenty-one hospitals in and about the city, which now housed over twenty thousand wounded and dying soldiers. Worse yet was the news from the front lines. According to some reports, the Union army had lost seven thousand men in less than thirty minutes at Cold Harbor. The commanding general, Ulysses S. Grant, had been deemed a fumbling butcher.
Nearly everyone around Ashley was impatient, cranky, and miserable. But Ashley was especially downcast. It was his job to get Senate Joint Resolution Number 16, a constitutional amendment to outlaw slavery in the United States, through the House of Representatives, and he didnt have the votes.