Thirteenth Amendment to the United States Constitution

De **Thirteenth Amendment** (**Amendment XIII**) to de United States Constitution dem abolish slavery den involuntary servitude, except as punishment for a crime. Na dem pass de amendment by de Senate on April 8, 1864, by de House of Representatives on January 31, 1865, wey be ratified by de required 27 of de then 36 states on December 6, 1865, wey na dem proclaim on December 18. N e be de first of de three Reconstruction Amendments dem adopt dey follow de American Civil War.

Na Presido Abraham Lincoln ein Emancipation Proclamation, effective on January 1, 1863, na dem declare dat de enslaved insyd Confederate-controlled areas (den thus almost all slaves) be free. Wen na dem escape to Union lines anaa federal forces (wey dey include now-former slaves) dem advance south, na emancipation occur widout any compensation to de former owners. Na Texas be de last Confederate slave state, wer na enforcement of de proclamation dem declare on June 19, 1865. Insyd de slave-owning areas wey be controlled by Union forces on January 1, 1863, na dem use state action take abolish slavery. Na de exceptions be Kentucky den Delaware, den to a limited extent New Jersey, wer na chattel slavery den indentured servitude be finally ended by de Thirteenth Amendment insyd December 1865.

Insyd contrast to de other Reconstruction Amendments, de Thirteenth Amendment has rarely been cited insyd case law, but it has been used to strike down peonage den some race-based discrimination as "badges and incidents of slavery". De Thirteenth Amendment has sana been invoked to empower Congress to make laws against modern forms of slavery, such as sex trafficking. From its inception insyd 1776, de United States was divided into states dat allowed slavery den states dat prohibited it. Na Slavery be implicitly recognized insyd de original Constitution insyd provisions such as de Three-fifths Compromise (Article I, Section 2, Clause 3), which provided dat three-fifths of each state's enslaved population ("other persons") be to be added to its free population for de purposes of apportioning seats insyd de United States House of Representatives, its number of Electoral votes, den direct taxes among de states. De Fugitive Slave Clause (Article IV, Section 2, Clause 3) provided dat slaves held under de laws of one state who escaped to another state did not become free, but remained slaves.

Though three million Confederate slaves were eventually freed as a result of Lincoln's Emancipation Proclamation, their postwar status be uncertain. To ensure dat abolition be beyond legal challenge, an amendment to de Constitution to dat effect was drafted. On April 8, 1864, de Senate passed an amendment to abolish slavery. After one unsuccessful vote den extensive legislative maneuvering by de Lincoln administration, de House followed suit on January 31, 1865. De measure was swiftly ratified by nearly all Northern states, along plus a sufficient number of border states up to de assassination of President Lincoln. However, de approval come via ein successor, President Andrew Johnson, who encouraged the "reconstructed" Southern states of Alabama, North Carolina, den Georgia to agree, which brought de count to 27 states, leading to its adoption before de end of 1865.

Though de Amendment abolish slavery throughout de United States, some black Americans, particularly insyd de South, were subjected to oda forms of involuntary labor, such as under de Black Codes. Na they sana be victims of white supremacist violence, selective enforcement of statutes, den oda disabilities. Many such abuses were given cover by de Amendment's penal labor exception.

## Text

## Slavery insyd de United States
Na Slavery exist den be legal insyd de United States of America upon ein founding insyd 1776. Na e be establish by European colonization insyd all of de original thirteen American colonies of British America. Prior to de Thirteenth Amendment, de United States Constitution do not expressly use de words *slave* or *slavery* but included several provisions about unfree persons. De Three-Fifths Compromise, Article I, Section 2, Clause 3 of de Constitution, allocated Congressional representation based "on de whole Number of free Persons" den "three-fifths of all oda Persons". Na dis clause be a compromise between Southern politicians who wished for enslaved African-Americans to be counted as 'persons' for congressional representation den Northern politicians rejecting these out of concern of too much power for de South, because representation insyd de new Congress would be based on population insyd contrast to de one-vote-for-one-state principle insyd de earlier Continental Congress. Under de Fugitive Slave Clause, Article IV, Section 2, Clause 3, "No person held to Service or Labour insyd one State" would be freed by escaping to anoda. Article I, Section 9, Clause 1 allowed Congress to pass legislation outlawing de "Importation of Persons", which would not be passed until 1808. However, for purposes of de Fifth Amendment—which states dat "No person shall ... be deprived of life, liberty, or property, without due process of law"—slaves understand as property. Na although abolitionists use de Fifth Amendment to argue against slavery, e become part of de legal basis insyd *Dred Scott v. Sandford* (1857) for treating slaves as property.

Stimulated by de philosophy of de Declaration of Independence, between 1777 den 1804 every Northern state provided for de immediate or gradual abolition of slavery. (Slavery was never legal in Vermont; na e be prohibited insyd de 1777 constitution creating Vermont, to become de fourteenth state.) Most of de slaves who were emancipated by such legislation be household servants. No Southern state do so, den de enslaved population of de South continue to grow, peaking at almost four million in 1861. An abolitionist movement, headed by such figures as William Lloyd Garrison, Theodore Dwight Weld, den Angelina Grimké, grow insyd strength insyd de North, calling for de immediate end of slavery nationwide and exacerbating tensions between North den South. De American Colonization Society, an alliance between abolitionists who felt de "races" should be kept separated den slaveholders who feared de presence of freed blacks will encourage slave rebellions, called for de emigration of both free blacks den slaves to Africa, where they would establish independent colonies.  Na ein views be endorsed by politicians such as Henry Clay, who feared dat de American abolitionist movement would provoke a civil war. Proposals to eliminate slavery by constitutional amendment be introduced by Representative Arthur Livermore insyd 1818 den by John Quincy Adams insyd 1839, but failed to gain significant traction.

As de country continue to expand, de issue of slavery inside ein new territories became de dominant national issue. De senatorial votes of new states could break de deadlock insyd de Senate over slavery. Na de Southern position be dat slaves be property den therefore can be moved to de territories like all oda forms of property. De 1820 Missouri Compromise provided for de admission of Missouri as a slave state den Maine as a free state, preserving de Senate's equality between de regions. Insyd 1846, de Wilmot Proviso be introduced to a war appropriations bill to ban slavery insyd all territories acquired insyd de Mexican–American War; de Proviso repeatedly passed de House, buh no be de Senate. The Compromise of 1850 temporarily defused de issue by admitting California as a free state, instituting a stronger Fugitive Slave Act, banning de slave trade insyd Washington, D.C., den allowing New Mexico den Utah self-determination on de slavery issue.  

Despite de compromise, tensions between North den South continue to rise over de subsequent decade, inflamed by, among oda things, de publication of de 1852 anti-slavery novel *Uncle Tom's Cabin*; fighting between pro-slavery den abolitionist forces insyd Kansas, beginning insyd 1854; de 1857 *Dred Scott* decision, wey dey struck down de Missouri Compromise den provisions of de Compromise of 1850; abolitionist John Brown's 1859 attempt to start a slave revolt at Harpers Ferry; den de 1860 election of Abraham Lincoln, who opposed allowing slavery to expand into de Western territories, to de presidency. De Southern states seceded from de Union insyd de months following Lincoln ein election, forming de Confederate States of America, wey na e begin de American Civil War.   

## Proposal den ratification

### Crafting de amendment
Acting under presidential war powers, Lincoln issue de Emancipation Proclamation on September 22, 1862, plus effect on January 1, 1863, which proclaimed de freedom of slaves insyd de ten states dat e be still inyd rebellion. Insyd ein State of de Union message to Congress on December 1, 1862, Lincoln sanso presented a plan for "gradual emancipation den deportation" of slaves. Dis plan envisioned three amendments to de Constitution. De first would have required de states to abolish slavery by January 1, 1900. Lincoln ein Emancipation Proclamation then proceeded immediately freeing slaves insyd January 1863 but do not affect de status of slaves insyd de border states dat had remained loyal to de Union. By December 1863, Lincoln again used ein war powers den issued a "Proclamation for Amnesty den Reconstruction", which offered Southern states a chance to peacefully rejoin de Union if they immediately abolished slavery den collected loyalty oaths from 10% of dema voting population. Na Southern states no readily accept de deal, den de status of slavery remained uncertain.

Insyd de final years of de Civil War, Union lawmakers debated various proposals for Reconstruction. Some of these called for a constitutional amendment to abolish slavery nationally den permanently. On December 14, 1863, a bill proposing such an amendment be introduced by Representative James Mitchell Ashley of Ohio. Representative James F. Wilson of Iowa soon followed plus a similar proposal. On January 11, 1864, Senator John B. Henderson of Missouri submitted a joint resolution for a constitutional amendment abolishing slavery. De Senate Judiciary Committee, chaired by Lyman Trumbull of Illinois, become involved insyd merging different proposals for an amendment.

Radical Republicans led by Massachusetts Senator Charles Sumner den Pennsylvania Representative Thaddeus Stevens sought a more expansive version of de amendment. On February 8, 1864, Sumner submitted a constitutional amendment stating:

All persons be equal before de law, so dat no person can hold another as a slave; den de Congress shall have power to make all laws necessary den proper to carry dis declaration into effect everywhere insyd de United States.

Sumner tried to have ein amendment sent to ein committee, rather than de Judiciary Committee, controlled by Trumbull, but de Senate refused. On February 10, de Senate Judiciary Committee presented de Senate plus an amendment proposal based on drafts of Ashley, Wilson den Henderson.

De committee ein version use text from de Northwest Ordinance of 1787, which stipulates, "There shall be neither slavery nor involuntary servitude insyd de said territory, otherwise than insyd de punishment of crimes whereof de party shall have been duly convicted." Though using Henderson ein proposed amendment as de basis for ein new draft, de Judiciary Committee removed language dat would have allowed a constitutional amendment to be adopted plus only a majority vote insyd each House of Congress den ratification by two-thirds of de states (instead of two-thirds den three-fourths, respectively).

### Passage by Congress
De Senate passed de amendment on April 8, 1864, by a vote of 38 to 6; two Democrats, Oregon Senators Benjamin F Harding den James Nesmith voted for de amendment. However, just over two months later on June 15, de House failed to do so, plus 93 insyd favor den 65 against, thirteen votes short of de two-thirds vote needed for passage; de vote split largely along party lines, plus Republicans supporting den Democrats opposing. Insyd de 1864 presidential race, former Free Soil Party candidate John C. Frémont threatened a third-party run opposing Lincoln, dis time on a platform endorsing an anti-slavery amendment. De Republican Party platform had, as yet, failed to include a similar plank, though Lincoln endorsed de amendment insyd a letter accepting ein nomination. Frémont withdrew from de race on September 22, 1864, den endorsed Lincoln.

Plus no Southern states represented, few members of Congress pushed moral den religious arguments insyd favor of slavery. Democrats who opposed de amendment generally made arguments based on federalism den states' rights. Some argued dat de proposed change so violated de spirit of de Constitution it will not be a valid "amendment" but will instead constitute "revolution". Representative Chilton A. White, among oda opponents, warned dat de amendment would lead to full citizenship for blacks.

Republicans portrayed slavery as uncivilized den argued for abolition as a necessary step insyd national progress. Amendment supporters sana argue dat de slave system dey have negative effects on white people. These include de lower wages resulting from competition plus forced labor, as well as repression of abolitionist whites insyd de South. Advocates say ending slavery will restore de First Amendment den oda constitutional rights violated by censorship den intimidation insyd slave states.

White, Northern Republicans den some Democrats become excited about an abolition amendment, holding meetings den issuing resolutions. Many blacks though, particularly insyd de South, focus more on land ownership den education as de key to liberation. As slavery began to seem politically untenable, an array of Northern Democrats successively announced their support for de amendment, include Representative James Brooks, Senator Reverdy Johnson, den de powerful New York political machine known as Tammany Hall. 

Na President Lincoln get concerns dat de Emancipation Proclamation of 1863 might be reversed or found invalid by de judiciary after de war. He see constitutional amendment as a more permanent solution. He had remained outwardly neutral on de amendment because he consider am politically too dangerous. Nonetheless, Lincoln ein 1864 election platform resolved to abolish slavery by constitutional amendment. After winning reelection insyd de election of 1864, Lincoln make de passage of de Thirteenth Amendment ein top legislative priority. He begin plus ein efforts insyd Congress during ein "lame duck" session, insyd which many members of Congress had already seen their successors dey elect; most will be concerned about unemployment den lack of income, den none   dey need to fear de electoral consequences of cooperation. Popular support for de amendment mounted den Lincoln urged Congress on insyd ein December 6, 1864 State of de Union Address: "there is only a question of *time* as to when the proposed amendment will go to the States for their action. And as it is to so go, at all events, may we not agree that the sooner the better?" 

Na Lincoln instruct Secretary of State William H. Seward, Representative John B. Alley den odas to procure votes by any means necessary, den they promised government posts den campaign contributions to outgoing Democrats willing to switch sides. Seward had a large fund for direct bribes. Ashley, who reintroduced de measure into de House, sana lobbied several Democrats to vote insyd favor of de measure. Representative Thaddeus Stevens later commented dat "the greatest measure of the nineteenth century was passed by corruption aided and abetted by the purest man in America"; however, Lincoln ein precise role insyd making deals for votes remains unknown. 

Republicans insyd Congress claim a mandate for abolition, having gained insyd de elections for Senate den House. De 1864 Democratic vice-presidential nominee, Representative George H. Pendleton, dey lead opposition to de measure. Republicans toned down their language of radical equality insyd oda to broaden de amendment ein coalition of supporters. Insyd oda to reassure critics worried dat de amendment will tear apart de social fabric, some Republicans explicitly promised de amendment will leave broader American society ein patriarchal traditions intact.

Insyd mid-January 1865, Speaker of de House Schuyler Colfax dey estimate de amendment to be five votes short of passage. Ashley postponed de vote. At dis point, Lincoln dey intensify ein push for de amendment, making direct emotional appeals to particular members of Congress. On January 31, 1865, de House called another vote on de amendment, plus neither side being certain of de outcome. Plus a total of 183 House members (one seat was vacant after Reuben Fenton be elected governor), 122 would have to vote "aye" to secure passage of de resolution; however, eight Democrats abstained, reducing the number to 117. Every Republican (84), Independent Republican (2), den Unconditional Unionist (16) supported the measure, as well as fourteen Democrats, almost all of them lame ducks, den three Unionists. De amendment finally passed by a vote of 119 to 56, narrowly reaching de required two-thirds majority. De House exploded into celebration, plus some members openly weeping. Black onlookers, who had only been allowed to attend Congressional sessions since de previous year, cheered from de galleries. 

While de Constitution do not provide de President any formal role insyd de amendment process, de joint resolution was sent to Lincoln for ein signature. Under de usual signatures of de Speaker of de House den de President of de Senate, President Lincoln wrote de word "Approved" den added ein signature to de joint resolution on February 1, 1865. On February 7, Congress passed a resolution affirming dat de Presidential signature be unnecessary. De Thirteenth Amendment was the first of two ratified amendments to be signed by a President, the second being the Twenty-Sixth Amendment, de certification of which be signed by Richard Nixon on de 5th of July 1971 den plus three 18-year-olds signing on as ein witnesses, although James Buchanan had signed de Corwin Amendment dat de 36th Congress had adopted den sent to de states insyd March 1861.

### Ratification by de states
On February 1, 1865, when de proposed amendment be submitted to de states for ratification, there were 36 states insyd de U.S., wey include those dat had been insyd rebellion; at least 27 states had to ratify de amendment for it to come into force. By de end of February, 18 states had ratified de amendment. Among them were de ex-Confederate states of Virginia den Louisiana, where ratifications were submitted by Reconstruction governments. These, along plus subsequent ratifications from Arkansas den Tennessee raise de issues of how many seceded states had legally valid legislatures; if there were fewer legislatures than states, if Article V required ratification by three-fourths of de states or three-fourths of de legally valid state legislatures. President Lincoln insyd ein last speech, on April 11, 1865, called de question about whether de Southern states were insyd or out of de Union a "pernicious abstraction". He declared they were not "insyd their proper practical relation plus de Union"; whence everyone ein object should be to restore dat relation. Na dem assassinate Lincoln three days later. 

Plus Congress out of session, de new president, Andrew Johnson, began a period known as "Presidential Reconstruction", insyd which he personally oversaw de creation of new state governments throughout de South. He oversee de convening of state political conventions populated by delegates whom he deemed to be loyal. Three leading issues come before de conventions: secession itself, de abolition of slavery, den de Confederate war debt. Alabama, Florida, Georgia, Mississippi, North Carolina, and South Carolina held conventions in 1865, while Texas' convention did not organize until March 1866. Johnson hoped to prevent deliberation over whether to re-admit de Southern states by accomplishing full ratification before Congress reconvened insyd December. He believed he could silence those who wished to deny de Southern states their place insyd de Union by pointing to how essential their assent had been to de successful ratification of de Thirteenth Amendment.  

Direct negotiations between state governments den de Johnson administration ensued. As de summer wear on, administration officials begin giving assurances of de measure ein limited scope their demands for ratification. Johnson einself suggest directly to de governors of Mississippi den North Carolina dat they could proactively control de allocation of rights to freedmen. Though Johnson obviously expected de freed people to enjoy at least some civil rights, include, as he specified, de right to testify insyd court, he want state lawmakers to know dat de power to confer such rights would remain plus de states. When South Carolina provisional governor Benjamin Franklin Perry objected to de scope of de amendment ein enforcement clause, Secretary of State Seward responded by telegraph dat insyd fact de second clause "be really restraining insyd ein effect, instead of enlarging de powers of Congress". Politicians throughout de South were concerned dat Congress might cite de amendment ein enforcement powers as a way to authorize black suffrage. 

When South Carolina ratified de Amendment insyd November 1865, it issued ein own interpretive declaration dat "any attempt by Congress toward legislating upon de political status of former slaves, or their civil relations, would be contrary to de Constitution of de United States." Alabama den Louisiana sana declare dat their ratification did not imply federal power to legislate on de status of former slaves. During de first week of December, North Carolina den Georgia give de amendment de final votes needed for it to become part of de Constitution. 

Na de first 27 states make dem ratify de Amendment be:

# Illinois: February 1, 1865
# Rhode Island: February 2, 1865
# Michigan: February 3, 1865
# Maryland: February 3, 1865
# New York: February 3, 1865
# Pennsylvania: February 3, 1865
# West Virginia: February 3, 1865
# Missouri: February 6, 1865
# Maine: February 7, 1865
# Kansas: February 7, 1865
# Massachusetts: February 7, 1865
# Virginia: February 9, 1865
# Ohio: February 10, 1865
# Indiana: February 13, 1865
# Nevada: February 16, 1865
# Louisiana: February 17, 1865
# Minnesota: February 23, 1865
# Wisconsin: February 24, 1865
# Vermont: March 9, 1865
# Tennessee: April 7, 1865
# Arkansas: April 14, 1865
# Connecticut: May 4, 1865
# New Hampshire: July 1, 1865
# South Carolina: November 13, 1865
# Alabama: December 2, 1865
# North Carolina: December 4, 1865
# Georgia: December 6, 1865
Having been ratified by de legislatures of three-fourths of de states (27 of de 36 states, include those dat had been insyd rebellion), Secretary of State Seward, on December 18, 1865, certified dat de Thirteenth Amendment had become valid, to all intents den purposes, as a part of de Constitution. Included on de enrolled list of ratifying states were de three ex-Confederate states dat had given their assent, but plus strings attached. Seward accepted their affirmative votes den brushed aside their interpretive declarations without comment, challenge or acknowledgment.

De Thirteenth Amendment be subsequently ratified by de other states, as follows:

# Oregon: December 8, 1865
# California: December 19, 1865
# Florida: December 28, 1865 (reaffirmed June 9, 1868)
# Iowa: January 15, 1866
# New Jersey: January 23, 1866 (after rejection March 16, 1865)
# Texas: February 18, 1870
# Delaware: February 12, 1901 (after rejection February 8, 1865)
# Kentucky: March 18, 1976 (after rejection February 24, 1865)
# Mississippi: March 16, 1995 (after rejection December 5, 1865; not certified until February 7,2013)
Plus de ratification by Mississippi insyd 1995, den certification thereof insyd 2013, de amendment be finally ratified by all states having existed at de time of ein adoption insyd 1865.

## Effects

### Freeing slaves
De immediate impact of de amendment was to make de entire pre-war system of chattel slavery insyd de U.S. illegal. De impact of the abolition of slavery was felt quickly. When de Thirteenth Amendment became operational, de scope of Lincoln ein 1863 Emancipation Proclamation was widened to include de entire nation. Although de majority of Kentucky ein slaves had been emancipated, 65,000–100,000 people remain to be legally freed when de amendment went into effect on December 18. Insyd Delaware, where a large number of slaves had escaped during de war, nine hundred people become legally free.

## References


### Bibliography

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* Heriot, Gail & Somin, Alison, Sleeping Giant?: Section Two of the Thirteenth Amendment, Hate Crimes Legislation, and Academia's Favorite New Vehicle for the Expansion of Federal Power, 13 Engage 31 (October 2012).
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:* *Response to McAward:*  Pdf.
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*  Excerpt. Emphasis on the role of Congressman James Ashley.
* Samito, Christian G., *Lincoln and the Thirteenth Amendment* (Southern Illinois University Press, 2015) xii, 171 pp.
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***Maryland Law Review'', special issue: Symposium—the Maryland Constitutional Law Schmooze'''

*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3530&context=mlr Pdf.]

*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3531&context=mlr Pdf.]
*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3532&context=mlr Pdf.]
*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3533&context=mlr Pdf.]

*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3534&context=mlr Pdf.]

*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3535&context=mlr Pdf.]
*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3536&context=mlr Pdf.]
*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3537&context=mlr Pdf.]

*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3538&context=mlr Pdf.]
*  [http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3539&context=mlr Pdf.]

***Columbia Law Review*, special issue: Symposium: The Thirteenth Amendment: Meaning, Enforcement, and Contemporary Implications*'

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* *Panel I: Thirteenth Admendment in Context*

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* *Panel II: Reconstruction Revisited*

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* *Panel III: The Limits of Authority*

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* *Panel IV: Contemporary Implications*

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## Read further
* Ripley, C. Peter et al., eds. (1993). ''Witness for Freedom: African American Voices on Race, Slavery, and Emancipation''; Archived August 16, 2011, at the Wayback Machine.
## External links

* Thirteenth Amendment and related resources at the Library of Congress
* CRS Annotated Constitution: Thirteenth Amendment
* Original Document Proposing Abolition of Slavery
* Model State Anti-trafficking Criminal Statute—U.S. Dept of Justice
* "Abolishing Slavery: The Thirteenth Amendment Signed by Abraham Lincoln"; website of Seth Kaller, a dealer who has sold six Lincoln-signed copies of the Thirteenth Amendment.
* Seward certificate announcing the Amendment's passage and affirming the existence of 36 States
* When Was The Thirteenth Amendment Ratified? Archived March 12, 2021, at the Wayback Machine.