~Sorry Charisma, but if your teachers taught you that slavery ended in 1863, you best go back to school, this time preferably to a school that hires teachers with some knowledge of history. That or try to pay attention in class or, better still, read a little on a subject before pretending to know something about it.
I presume you refer to the Emancipation Proclamation. That was not only an unconstitutional pronouncement by Lincoln (property (the slaves) cannot be taken without just compensation and due process of law), but the Proclamation simply repeated that which had been done by congress months earlier (see the Second Confiscation Act of July, 1862 (which, under the Dred Scott case, was itself unconstitutional)) The Proclamation purported to only free slaves in those areas of those states declared to be in rebellion - thus freeing none of them since it had no practical effect and could not be enforced until the rebellion was quashed - while leaving those slaves in bondage who were in the border states and in the regions of the 'states in rebellion' already under Federal control and occupation. As Secretary of State William H. Seward said of the Proclamation "We show our sympathy with slavery by emancipating slaves where we cannot reach them and holding them in bondage where we can set them free."
Owning slaves was a constitutional right [see Article I, section 2, clause 3 and Article IV, section 2, clause 3]. Lincoln himself had said repeatedly during his presidential campaign that ... " I acknowledge the constitutional rights of the States — not grudgingly, but fairly and fully, and I will give them any legislation for reclaiming their fugitive slaves." As such, slavery could not be abolished by war, by presidential executive order or by act of Congress. Slavery could be abolished only by individual state laws or by constitutional amendment. Full, total, complete and final nationwide abolition was accomplished by the 13th Amendment, ratification of which was completed on December 6, 1865.
However, the question specifically refers to slavery in New York State. As to the actual question, which you seem to have missed, staisil got it right, sort of. Slavery theoretically ended in New York on July 4, 1827. In 1799 the New York Legislature passed "An Act for the Gradual Abolition of Slavery", which provided for gradual manumission of slaves. The law freed all children born to slave women after July 4, 1799, but only over a period of time. Males became free at age 28, females at 25. Till then, they remained the property of the mother's master. Slaves already in servitude before July 4, 1799, stayed slaves for life, but they were reclassified as "indentured servants."
A number of enterprising souls continued to sell slaves out of New York in spite of the law, which resulted in another law in 1817 that gave freedom to New York slaves who had been born before July 4, 1799 -- but not until July 4, 1827. Even then, slavery was not entirely repealed in New York; the 1817 law included an exception which allowed nonresidents to enter New York with slaves for up to nine months, and allowed part-time residents to bring their slaves into the state temporarily. In 1841, slavery in any form was officially ended in New York.
The last northern state to abolish slavery was New Jersey. In 1804 the New Jersey Legislature passed "An Act for the Gradual Abolition of Slavery." It provided that females born of slave parents after July 4, 1804, would be free upon reaching 21 years of age, and males upon reaching 25. New Jersey's emancipation law carefully protected existing property rights. No one lost a single slave, and the right to the services of young slaves was fully protected. The courts ruled that the right to own slaves was a 'species of property,' transferable 'from one citizen to another like other personal property.' Thus New Jersey retained slaveholding without technically remaining a slave state until it was officially abolished in 1846.
It's sad you know nothing of history and you can't read a simple question to boot. Good luck.
2007-10-25 03:29:16
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answer #2
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answered by Oscar Himpflewitz 7
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