“Freedom was not delivered in a single moment,
it was legislated,
debated,
and recorded in ink,
state by state.”
Freedom Before the 13th: The State Story
When we think of emancipation, most of us picture the 13th Amendment, ratified 6 December 1865 when the federal decree officially abolished slavery across the United States. But, freedom wasn’t born in one stroke of national law. In the year before the amendment, several states, especially the border states caught between Union and Confederate lines, rewrote their constitutions to acknowledge the newly freed men, women, and children within their borders.
Border States Lead the Way
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| Register of free negroes, Missouri |
Maryland: November 1, 1864
Maryland became the first border state to abolish slavery by popular vote, adopting a new constitution that took effect 1 November 1864.
Maryland became the first border state to abolish slavery by popular vote, adopting a new constitution that took effect 1 November 1864.
Research tip: Manumission lists, early voter rolls, and 1864 – 1865 labor contracts mark this transition. Many newly freed families appear in records of the Maryland State Archives and the U.S. Freedmen’s Bureau.
Missouri: January 11, 1865
A state convention abolished slavery “forever” without compensation. The change preceded the 13th Amendment by nearly a year.
Records: Missouri emancipation affidavits, “Negro Registers,” and petitions for loyalty oaths are housed at the Missouri State Archives and the State Historical Society of Missouri.
West Virginia: February 3, 1865
Though slavery was limited when West Virginia separated from Virginia in 1863, the legislature passed a complete abolition act two years later.
Records: County courts recorded freedom registrations and apprenticeship contracts for minors.
Though slavery was limited when West Virginia separated from Virginia in 1863, the legislature passed a complete abolition act two years later.
Records: County courts recorded freedom registrations and apprenticeship contracts for minors.
Tennessee: February 22, 1865
A Union-backed constitutional convention declared slavery “forever prohibited.”
Records: Freedmen’s Bureau Nashville District files contain the earliest post-slavery family and labor agreements.
A Union-backed constitutional convention declared slavery “forever prohibited.”
Records: Freedmen’s Bureau Nashville District files contain the earliest post-slavery family and labor agreements.
Arkansas: March 1864
Under Lincoln’s “10 Percent Plan,” Unionist Arkansans drafted a constitution abolishing slavery while the war still raged.
Records: Early 1864 – 1865 state militia lists and Freedmen’s Bureau documents detail the shifting labor system.
Virginia (Restored Government): March 10, 1864
Unionist delegates meeting in Alexandria abolished slavery for Virginia’s occupied territories long before Lee’s surrender.
Records: U.S. Colored Troops enlistment records for Virginia often follow this declaration.
Reconstruction Rewrites: 1865–1868
After Appomattox, emancipation was written into law again and again as Confederate states sought readmission to the Union. Each new constitution confirmed what the war had already made inevitable.
State Constitutional Change Notes
/ Abolition Date
Records: Early 1864 – 1865 state militia lists and Freedmen’s Bureau documents detail the shifting labor system.
Virginia (Restored Government): March 10, 1864
Unionist delegates meeting in Alexandria abolished slavery for Virginia’s occupied territories long before Lee’s surrender.
Records: U.S. Colored Troops enlistment records for Virginia often follow this declaration.
Reconstruction Rewrites: 1865–1868
After Appomattox, emancipation was written into law again and again as Confederate states sought readmission to the Union. Each new constitution confirmed what the war had already made inevitable.
State Constitutional Change Notes
/ Abolition Date
Georgia Nov 1865 Later revised 1868 to secure readmission
No. Carolina 1868 First constitution to grant Black men limited suffrage
So. Carolina 1865 Recognized emancipation; 1868 rewrite expanded rights
Alabama 1867 Abolished slavery; included civil rights clauses.
Mississippi 1868 Ratified after military Reconstruction.
Louisiana 1864 (Unionist) 1864 abolished slavery
1868 (Reconstruction) 1868 expanded citizenship.
Texas 1866 1866 abolished slavery but denied civil rights
No. Carolina 1868 First constitution to grant Black men limited suffrage
So. Carolina 1865 Recognized emancipation; 1868 rewrite expanded rights
Alabama 1867 Abolished slavery; included civil rights clauses.
Mississippi 1868 Ratified after military Reconstruction.
Louisiana 1864 (Unionist) 1864 abolished slavery
1868 (Reconstruction) 1868 expanded citizenship.
Texas 1866 1866 abolished slavery but denied civil rights
1869 1869 revision complied with Reconstruction.
Florida 1868 Ended slavery and acknowledged civil rights.
Holdouts and Delays
Not every state was ready to embrace freedom’s ink. These state constitutions retained outdated slavery language for decades.
Florida 1868 Ended slavery and acknowledged civil rights.
Holdouts and Delays
Not every state was ready to embrace freedom’s ink. These state constitutions retained outdated slavery language for decades.
- Delaware rejected the 13th Amendment in 1865 and didn’t ratify it until 1901.
- Kentucky refused until 1976, though the amendment applied federally.
- State Constitutional Convention Journals
Available through many state archives (e.g., Maryland State Archives, Missouri Digital Heritage). - Freedmen’s Bureau Records (1865 – 1872)
Document early contracts, marriages, rations, and disputes. - County Court Records (1864 – 1868)
Apprenticeships, loyalty oaths, and “Negro Registers.” - Local Newspapers
Announcements of new conventions and voter registrations. - State Militia Rolls and Voter Lists
Many newly freed men appear in 1865 – 1868 militia or electoral documents.
