Monday, May 16, 2011

New Jersey and the 13th Amendment

One finds at "the lookout" at news.yahoo:

In January [2011], [Amy] Myers [of Cherry Hill, NJ] watched agasp as [Michele] Bachmann said America's founding fathers "worked tirelessly until slavery was no more in the United States."
"We covered the presidents, and we're currently at Jackson," Myers says. She says that though John Adams (and his son John Quincy Adams, who was not a founding father) objected to slavery, the other founding fathers did own slaves. They were all dead before slavery was officially abolished in 1865, during the Civil War.


IPBiz singles out the text: slavery was officially abolished in 1865, during the Civil War.

One can find on wikipedia: The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865.

Article V of the US Constitution discusses amendments to the Constitution:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Georgia was the 27th (of then 36 states; 27/36 = 0.75) to ratify the 13th Amendment, which happened on December 6, 1865, making slavery "officially" abolished. Although the exact end of the Civil War might be deemed uncertain, most would agree the Civil War was over in December 1865, making the above-noted statement about "during the Civil War" inaccurate. This is especially so because it was a vote of a "Southern" state legislature that caused the amendment adoption.

One notes the one of the first "Southern" states to ratify the 13th Amendment was South Carolina (13 Nov 1865, prior to Georgia) and the last was Mississippi (16 March 1995).

One notes that the state of New Jersey failed to ratify the 13th Amendment on 16 March 1865, and did ratify only on 23 Jan 1866, after several of the "Southern" states had already done so. As noted elsewhere on IPBiz, slavery was practiced in southern New Jersey at the time the Civil War began. The last non-Southern state to ratify the 13th Amendment was Delaware, on 12 Feb. 1901. One recalls Joe Biden made some noise by asserting that Delaware was (historically) a slave state.

**In passing, within the cited piece at The Lookout, one has the text:

We at The Lookout would like to point out that politicians of both genders frequently say stupid things; you can consult our sister blog The Ticket for proof.

**See also
http://ipbiz.blogspot.com/2008/10/delaware-as-slave-state.html

**Footnote (17 May 2011)

One commenter wrote: Actually, the 13th Amendment was enacted on December 18th, 1865. So your Monday Morning Quarterbacking WAS WRONG too, even after you performed research. Hopefully, you perform more thorough research for your clients then you've displayed here!

One notes from history.com Dec 6, 1865:
13th Amendment ratified


from loc.gov

The 13th Amendment to the Constitution declared that "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." Formally abolishing slavery in the United States, the 13th Amendment was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865.

As to the news.yahoo post, it is absolutely correct that the 13th Amendment did not "officially" abolish slavery DURING the Civil War. The commenter gave no support for his "December 18" date (as distinct from the December 6 date).

Of course, the title of the post is about New Jersey and the 13th Amendment.

Footnote 2. Within the news.yahoo text attributed to Amy Myers of Cherry Hill, NJ:

I, Amy Myers, do hereby challenge Representative Michele Bachmann to a Public Forum Debate and/or Fact Test on The Constitution of the United States, United States History and United States Civics.

The challenge would not seem to be limited to any particular time period of US History.

The above commenter submitted a second comment:

If you read Amy's Huffington Post article, http://www.huffingtonpost.com/andrew-reinbach/michele-bachmann-called-o_b_862554.html

She says "All I have to do is brush up from Polk to maybe Woodrow Wilson. If I do that, I'll have a generalization of American history in concrete."

That's 1845 - 1921. So for someone who needs to brush up on that period in time... she did pretty well - without the luxury of research. But it seems you may have a different agenda and these posts won't be referenced, but you'll probably correct your date on when the Civil War ended.


As to the date of the end of the Civil War, the IPBiz post stated: Although the exact end of the Civil War might be deemed uncertain, most would agree the Civil War was over in December 1865, making the above-noted statement about "during the Civil War" inaccurate. There's nothing to correct here. There were no battles among armies going on in the United States in December 1865.

***Query: Is "Sparky" better named Snarky?

***Of another proposed debate

Challenging Hal Wegner on Patent Law and the Constitution

2 Comments:

Blogger Unknown said...

Actually, the 13th Amendment was enacted on December 18th, 1865. So your Monday Morning Quarterbacking WAS WRONG too, even after you performed research. Hopefully, you perform more thorough research for your clients then you've displayed here!

1:35 PM  
Blogger Unknown said...

If you read Amy's Huffington Post article, http://www.huffingtonpost.com/andrew-reinbach/michele-bachmann-called-o_b_862554.html

She says "All I have to do is brush up from Polk to maybe Woodrow Wilson. If I do that, I'll have a generalization of American history in concrete."

That's 1845 - 1921. So for someone who needs to brush up on that period in time... she did pretty well - without the luxury of research. But it seems you may have a different agenda and these posts won't be referenced, but you'll probably correct your date on when the Civil War ended.

2:01 PM  

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