The Constitution's Anti-Slavery Amendment: A Historical Perspective

The Thirteenth Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and prohibited the enslavement of all races. The Amendment states that neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction. This amendment was the culmination of decades of efforts to eliminate slavery through constitutional means, with previous proposals failing to gain traction. The Thirteenth Amendment, along with the Fourteenth and Fifteenth Amendments, greatly expanded the civil rights of Americans and provided a final constitutional solution to the issue of slavery in the United States.

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The Thirteenth Amendment

The text of the Thirteenth Amendment states:

> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

This amendment provided a final constitutional solution to the issue of slavery in the United States. While there had been previous attempts to introduce constitutional amendments to eliminate slavery, they failed to gain traction. The Thirteenth Amendment was passed at the end of the Civil War, and while the Senate approved it in 1864, the House initially did not. President Abraham Lincoln played an active role in ensuring its passage, making it a priority after his reelection in 1864.

Lincoln's Emancipation Proclamation

The US Constitution of 1787 did not include the word "slavery" but did include provisions regarding unfree persons. Proposals to eliminate slavery by constitutional amendment were introduced in 1818 and 1839 but failed to gain significant traction.

On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring:

> that all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free.

The proclamation changed the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states from enslaved to free. It also allowed for former slaves to join the Union Army and Navy, enabling the liberated to become liberators. By the end of the war, almost 200,000 Black soldiers and sailors had fought for the Union and freedom.

The Emancipation Proclamation did not end slavery in the nation. It only applied to areas of the Confederacy currently in a state of rebellion, leaving slavery untouched in the loyal border states. Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery. The 13th Amendment to the US Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States.

The Fugitive Slave Clause

The text of the Fugitive Slave Clause states:

> No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

It is notable that, similar to other references to slavery in the Constitution, the words "slave" and "slavery" are not used in this clause. Instead, the phrase "held to Service or Labour" is used to describe the status of enslaved people.

The subsequent passage of the 13th Amendment, which abolished slavery "except as a punishment for crime", rendered the Fugitive Slave Clause largely moot and ensured that slavery was no longer constitutionally sanctioned in the United States.

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The Civil Rights Act

The Court's majority decision, written by Bradley, concluded that the Thirteenth Amendment did not ban most forms of racial discrimination by non-government actors. Instead, it focused on empowering Congress to address the "badges and incidents of slavery". This interpretation set a precedent for future civil rights legislation and the interpretation of the Thirteenth Amendment.

The Thirteenth Amendment, also known as the Abolition of Slavery, was passed by Congress on January 31, 1865, and ratified on December 6, 1865. It prohibits slavery and involuntary servitude within the United States and any place subject to its jurisdiction. The Amendment specifically states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

The Thirteenth Amendment was a crucial step towards abolishing slavery in the United States, but it did not address all forms of racial discrimination. The Civil Rights Act of 1875 built upon the foundation laid by the Thirteenth Amendment, seeking to address racial discrimination in public accommodations. However, the Supreme Court's interpretation of the Act in 1883 limited its effectiveness in combating racial discrimination by non-government actors.

The Peonage Act of 1867

Peonage, also known as debt slavery or debt servitude, is a system where an employer compels a worker to pay off a debt with work. Although peonage was outlawed by Congress in 1867, after Reconstruction, many Southern Black men were re-enslaved by a corrupt system of peonage. This system overlapped with segregation, the convict-lease system, and sharecropping.

Section 2 of the Peonage Act of 1867 states that it is the duty of all persons in the military or civil service in the Territory of New Mexico to aid in the enforcement of the Act. It also states that any person who obstructs or interferes with the enforcement of the Act shall be liable to penalties and shall be dishonorably dismissed from the service of the United States.

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