June 19, 2020 – Today is a day of remembrance and reflection on how African-Americans were enslaved by those who we often exalt as founders of our nation and of our Constitution – but we rarely look to the darker side of American history – the enslavement of countless numbers of people for no other reason – than the color of their skin. It is June 19, 1865, also known as Juneteenth, that signifies the end of slavery in America. It is also referred to as “Freedom Day” or “Black Independence Day.”
Looking back at history, it is remarkable that some of our nations leaders “owned” slaves – it is not only heart-wrenching but deeply disturbing – hypocritical at best. How could leaders who extol virtues of leadership and reason, have allowed people to be enslaved, abused and humiliated though they had not committed any crime, nor committed any infraction, but were victims of brutal kidnappings and false imprisonment by people who wished to abuse them for their own monetary and egotistical profiteering. How could Thomas Jefferson, the primary author of the Declaration of Independence writing in this historical document in 1776,
We hold these truths to be self-evident; that all men are created equal
…yet continue to be a slave owner. How could the Father of our Country, George Washington do the same?
In now what is the twenty-first century, it seems antithetical to believe that this contrivance of racial superiority of those who enslaved others whom they kidnapped, beat and tortured could have had any place in what has been “portrayed” as a “civil and righteous society” of the gentry of years past – including Presidents. Even more troubling, the enslavement of African-Americans continued after President Lincoln’s Emancipation Proclamation, an “executive order issuing on September 22, 1862 that declared “that all persons held as slaves” within the rebellion states “are, and henceforward shall be free.”
At the time of the Proclamation, it may have been seen by many in the Confederate States “presumptuous” of President Lincoln that the Union would prevail and win the battle – and as a consequence, slavery would be coming to an end. At the time the Proclamation was made, the Civil War had been ongoing for 17 months – less than half of its almost 48 month battle. Nevertheless, the Proclamation itself would not go into effect until January 1, 1863, shy of even the halfway point of the bloody and divisive Civil War that would end more than two years later on April 9, 1865.
As slavery remained in place after a full two years past Lincoln’s proclamation of Freedom, it is conceivable that it would remain so after the Union won the War. That proved to be the case until Major General Gordon Granger of the Union army arrived in Galveston,Texas on June 19, 1865, to inform all that remained enslaved that they were now free. It was with his announcement that the last vestiges of slavery came to an end.
The General announced:
The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property, between former masters and slaves and the connection heretofore existing between them, becomes that between employer and hired labor. The Freedmen are advised to remain at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts; and they will not be supported in idleness either there or elsewhere.
It is a sad and painful part of American history to acknowledge that not only did enslavement happen, but that it was allowed to continue for so very long. It is equally troubling to know that our nation’s founders – and future presidents of the time, had enshrined their hypocrisy into the founding documents of our nation – the Declaration of Independence, and the US Constitution – documents we hold as sacrosanct, and espousing our freedoms. Yet, the truth prevails that those Documents were borne of men who not only embraced slavery, but oppressed others as a way of life, as a label of wealth and stature, and as a means of profiteering off the work of others.
Yet, irregardless of their contrivance, the Civil War continued toward its conclusion as the Thirteenth Amendment to the US Constitution passed Congress on January 31, 1865 – ratified on December 6, 1865 – to finally abolish slavery in the United States.
The Thirteenth Amendment provides:
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 power to enforce this article by appropriate legislation.
Not only did the 13th Amendment Abolished Slavery, it set the stage for the 14th – Equal Rights Amendment, to be ratified on July 9, 1868. The 14th amendment extended liberties and rights granted by the Bill of Rights to former slaves.
Throughout history to the present day, African-Americans have been fighting for recognition for their past oppression and suffering – some of which is still prevalent in society today. Isn’t it more than time we recognize their contributions to building this nation? If not now – when?
Perhaps recognizing Juneteenth as a national holiday, may be the place to start….
Copyright 2020, Mary Kay Elloian, MBA, JD, Esq.
The Legal Edition – Legal, Business & Policy News
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