University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship 1996 The Slavery of Emancipation Guyora Binder University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Constitutional Law Commons, and the Legal History Commons Recommended Citation Guyora Binder, The Slavery of Emancipation, 17 Cardozo L. Rev. 2063 (1996). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/301 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact
[email protected]. THE SLAVERY OF EMANCIPATION Guyora Binder* I. THE CLAIM: MANUMISSION IS NOT ABOLITION The Thirteenth Amendment of the U.S. Constitution com- mands that "neither slavery nor involuntary servitude shall exist."' What has been the effect of this command? It will serve my present purpose to offer the following too- simple answer to this complex question: the Thirteenth Amend- ment secured little more than the manumission of slaves already practically freed by the friction of war. It guaranteed, in Confeder- ate General Robert Richardson's now well-known phrase, "noth- 2 ing but freedom." Supposing this answer to be true, a further question presents itself: Did the Thirteenth Amendment's effect fulfill its command? Did universal manumission abolish slavery? A full answer to this question would require a rich historical account of the evolving institution of American slavery, the fea- tures of that institution that survived the Reconstruction era, and how those features evolved in the ensuing century and a quarter.