Stanley on Slave Marriage

Caption, "The color-sergeant of the 1st South Carolina (Colored) addressing the regiment after having been presented with the Stars and Strips, at Smith's plantation, Port Royal, January 1." Frank Leslie's Illustrated Newspaper (Jan. 24, 1863), vol. 15, p. 276. (Library of Congress, Prints and Photographs Division, LC-USZ62-88808), as shown on, sponsored by the Virginia Foundation for the Humanities and the University of Virginia Library.

Stanley, Amy Dru. “Instead of Waiting for the Thirteenth Amendment: The War Power, Slave Marriage, and Inviolate Human Rights.” American Historical Review 115 (June 2010): 732-765.

Partial Paragraph Steal:

“One decree became the Thirteenth Amendment; all but forgotten is the other, a congressional act to “encourage Enlistments” in the Union Army. The amendment provided for abolishing slavery everywhere in the United States and its territories. The enlistment measure freed soldiers’ wives and children owned by masters in the loyal border states exempt from the 1863 Emancipation Proclamation. As destroying slavery became inseparable from vanquishing the South, bondsmen refused to go to war unless, in exchange, they won their families’ freedom as well as their own….”

Read at Chicago Journals ($$)

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