What states did not ratify the 13th Amendment? — What to know

Quick answer: Which states did not ratify the Thirteenth Amendment in 1865?

Short summary

The focus of this quick answer is to explain the thirteenth amendment and name the states that did not join the initial ratification majority in 1865.

One-sentence direct answer: explain the thirteenth amendment

In 1865, Delaware and Kentucky voted against ratifying the Thirteenth Amendment, so they did not ratify with the majority of states at that time, according to the U.S. Senate Art and History records U.S. Senate ratification page.

How amendment ratification works: proposal, state action, majority rule

Congressional proposal and submission to states

Under the Constitution, amendments are proposed by Congress and submitted to the states for their legislatures to approve or reject; an amendment becomes part of the Constitution once a sufficient number of states ratify it, as recorded in federal sources National Archives milestone document. See also Civil War Amendments essay.

State legislatures and ratification procedures

Each state follows its own legislative procedures for recording a ratification vote, and the Archivist of the United States maintains the official federal record of those state actions, according to archival practice and federal accounts U.S. Senate ratification page.

Timeline: ratification votes in 1865 and the immediate aftermath

Congressional approval in 1865

Congress approved the Thirteenth Amendment in 1865 and sent it to the states for ratification, beginning the process by which a majority of states could adopt the amendment into the Constitution, as documented by federal archives National Archives milestone document and an overview at the Smithsonian National Museum of African American History and Culture NMAAHC.

Which states acted in 1865

Most states voted to ratify the amendment in 1865, but Delaware and Kentucky did not join that initial group, a fact shown in contemporary federal listings and primary transcriptions Library of Congress primary documents.

Delaware and Kentucky: what their 1865 votes looked like

Delaware vote in 1865

The Delaware legislature voted against ratification in 1865 and therefore did not add its approval to the majority that adopted the amendment then, a point reflected in historical records and transcriptions Library of Congress primary documents.

Kentucky vote in 1865

Kentucky also rejected the amendment in 1865 and did not join the initial ratifying states, a procedural record noted in federal listings and reference summaries U.S. Senate ratification page.

Later state actions: Delaware 1901, Kentucky 1976, Mississippi 1995 and the 2013 certification

Delaware’s 1901 action

State and federal records list a later Delaware legislative action dated February 12, 1901, which some sources describe as a symbolic step after the 1865 rejection, though researchers note limited contemporaneous detail in state journals Encyclopaedia Britannica entry.

Kentucky’s 1976 ratification

Kentucky took a formal ratification step on March 18, 1976, according to federal listings that record the state’s later action to align its legislative record with the amendment’s status U.S. Senate ratification page.

Mississippi’s 1995 resolution and 2013 certification

Mississippi initially rejected the amendment in 1865 but the state legislature approved a resolution in 1995 and the National Archives formally certified that action on February 7, 2013, completing federal documentation of Mississippi’s ratification record National Archives press release.

How the National Archives and the Archivist record and certify ratifications

Role of the National Archives

The Archivist of the United States maintains official records of state ratifications and releases public statements when federal documentation is updated, as reflected in archival practice and milestone records National Archives milestone document.

2013 certification process for Mississippi

The National Archives issued a press release on February 7, 2013, certifying that Mississippi’s 1995 legislative resolution was on file, an action that updated the federal record of state ratifications National Archives press release.

Reasons historians give for late or inconsistent state actions

Political and procedural causes

Historians point to changing political climates, symbolic legislative acts, and shifting priorities in state politics as common reasons some legislatures acted late or in symbolic ways rather than in the 1865 session, as discussed in reference works and secondary accounts Encyclopaedia Britannica entry.

Record-keeping and transmission issues

Administrative delays, incomplete transmission of resolutions, and gaps in state legislative journals account for many late updates to federal records, a pattern noted by archivists and researchers consulting primary source collections Library of Congress primary documents.

Legal and symbolic effects of a state’s late ratification

Does late ratification change constitutional status?

The constitutional status of the Thirteenth Amendment did not depend on later state actions; once a sufficient majority ratified the amendment it became part of the Constitution, and later state approvals update records or convey symbolic recognition rather than change the adoption date National Archives milestone document.

Symbolic and civic meanings

For states that recorded later ratifications, the acts often carry civic and symbolic meaning about official acknowledgement, and federal certification documents those choices without altering the historical timeline of adoption National Archives press release.

Where to look next: primary sources and reliable references for researchers

National Archives and Library of Congress

Researchers should start with the National Archives milestone documentation and the Library of Congress transcriptions for primary texts and official dates when verifying ratification actions National Archives milestone document.

U.S. Senate Art and History and reference works

The U.S. Senate Art and History pages and reference works such as Encyclopaedia Britannica provide concise listings and context for ratification dates, useful for cross-checking primary records U.S. Senate ratification page. Additional reference essays include the Congress Constitution site Civil War Amendments essay.

Typical errors and misconceptions to avoid when reading ratification histories

Mistaking late certification for initial ratification

A common error is to present a late certification as if it were the original 1865 ratification; researchers should check the date of the legislative vote in state legislative journals and federal listings before drawing that conclusion, as the National Archives example for Mississippi shows National Archives press release.

Confusing symbolic acts with original votes

Symbolic legislative approvals, recorded decades later, are not the same as the votes taken in 1865, and careful reading of primary journals helps distinguish procedural corrections or acknowledgements from the original legislative decisions Library of Congress primary documents.

Case study: Mississippi’s 1995 resolution and the 2013 federal certification

What Mississippi did in 1995

Mississippi’s legislature passed a resolution in 1995 approving the Thirteenth Amendment, an action that remained in state files but was not entered into the federal ratification record until later archival review, according to historical summaries History overview.

Why the National Archives certified the action in 2013

The National Archives certified the Mississippi action in 2013 after confirming the state resolution was on file, and the press release notes that this certification completed the federal documentation of ratifications by all states National Archives press release.

Quick reference timeline for writers and readers

Key dates at a glance

Congress approved the amendment and sent it to the states in 1865, Delaware has a recorded action in 1901, Kentucky enacted a formal ratification in 1976, and Mississippi passed a 1995 resolution that the National Archives certified in 2013, as shown in federal and reference records U.S. Senate ratification page.

Where to verify each date

Verify congressional and federal dates with the National Archives and Library of Congress transcriptions, and consult state legislative journals for the original vote records when available National Archives milestone document.

Conclusion: What to remember about states that did not ratify the Thirteenth Amendment

Main takeaways

The immediate answer is that Delaware and Kentucky did not ratify the Thirteenth Amendment in 1865, and later state actions by Delaware, Kentucky, and Mississippi updated state records and federal listings over time, according to archival and congressional sources U.S. Senate ratification page.

Where to verify further

For primary verification consult the National Archives milestone documents and press release, the Library of Congress transcriptions, and the U.S. Senate Art and History pages for authoritative records and original text National Archives milestone document.