Eleanor Finch
The word slavery was introduced into the US Constitution with the Thirteenth Amendment, which abolished slavery and prohibited it across the United States and its territories. This amendment was passed at the end of the Civil War, and it was ratified on December 6, 1865, marking a significant moment in the nation's history and expanding the civil rights of Americans. Prior to this amendment, slavery was legal in the United States since its founding in 1776, and the Constitution included provisions about unfree persons without expressly using the words slave or slavery.
| Characteristics | Values |
|---|---|
| Amendment Number | 13th Amendment |
| Date Proposed | December 14, 1863 |
| Proposer | Representative James Mitchell Ashley of Ohio |
| Date Passed by Congress | January 31, 1865 |
| Date Ratified | December 6, 1865 |
| Ratifying States | 27 out of 33 states |
| Date of Official Certification | December 18, 1865 |
| Type of Amendment | Abolition of Slavery |
| Previous Amendments Proposed | 1818, 1839 |
| Previous Proposers | Representative Arthur Livermore, John Quincy Adams |
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What You'll Learn
The 13th Amendment abolished slavery
The 13th Amendment to the US Constitution, ratified in 1865, abolished slavery in the United States and its territories. It was passed at the end of the Civil War, before the Southern states had been restored to the Union. The 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."
Before the 13th Amendment, slavery was legal in the United States since its founding in 1776. The Constitution included provisions about "unfree persons", such as the Three-Fifths Compromise, which allocated Congressional representation based on "three-fifths of all other Persons", but did not explicitly mention the word "slavery". The Fugitive Slave Clause further asserted that a slave remained a slave even if they fled to a non-slavery state.
The 13th Amendment was preceded by the Emancipation Proclamation, issued by President Abraham Lincoln in 1863, which declared that "all persons held as slaves [...] shall be then, thenceforward, and forever free". However, the Proclamation only applied to areas of the Confederacy in rebellion and did not end slavery nationwide. Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery.
The path towards the 13th Amendment was not without challenges. While the Senate passed it in April 1864, the House initially did not, falling short of the required two-thirds majority. It was only in 1865 that the Amendment gained enough support, with President Lincoln approving the submission of the proposed amendment to the state legislatures. On December 6, 1865, the required number of states ratified the 13th Amendment, officially abolishing slavery in the United States.
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Lincoln's Emancipation Proclamation
The 13th Amendment to the U.S. Constitution, ratified in 1865, is often referred to as the amendment that introduced the word "slavery" into the Constitution and officially abolished it. However, the journey towards the abolition of slavery was a long and complex one, with several significant milestones along the way, including Lincoln's Emancipation Proclamation.
On January 1, 1863, as the nation approached its third year of civil war, President Abraham Lincoln issued the Emancipation Proclamation. This proclamation declared 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." It is important to note that this proclamation only applied to states that had seceded from the Union, leaving slavery legal in the loyal border states.
The Emancipation Proclamation was a pivotal moment in the history of the United States and played a significant role in the eventual abolition of slavery. It changed the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states, freeing them from the shackles of slavery. The proclamation also allowed for former slaves to join the Union Army and Navy, empowering them to become liberators themselves. By the end of the war, nearly 200,000 Black soldiers and sailors had fought for freedom alongside their White counterparts.
While the Emancipation Proclamation was a bold step towards freedom, it did not end slavery nationwide. Lincoln himself acknowledged that a constitutional amendment was necessary to ensure the permanent abolishment of slavery. The proclamation was designed as a wartime measure, and its effectiveness depended on the Union's military victory. Additionally, several states were exempted from its provisions, and it did not make slavery illegal.
In summary, Lincoln's Emancipation Proclamation was a courageous and pivotal step towards the abolition of slavery in the United States. While it had limitations and did not end slavery nationwide, it freed millions, empowered the liberated to become liberators, and set the stage for the 13th Amendment, which would finally abolish slavery and make it unconstitutional.
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The Fugitive Slave Clause
The 13th Amendment, which abolished slavery and involuntary servitude across the United States and its territories, rendered the Fugitive Slave Clause largely irrelevant. 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."
The wording of the Fugitive Slave Clause has been the subject of debate among legal scholars. Some argue that its vague language was a political compromise to avoid overtly endorsing slavery at the federal level, while others contend that it entrenched the power of slaveholders. The clause did not use the words "slave" or "slavery," instead referring to individuals "held to Service or Labour."
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The Three-Fifths Compromise
The delegates from the Northern states sought to make representation dependent on the size of a state's free population, while Southern delegates threatened to abandon the convention if enslaved individuals were not counted. The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney. It stated that three-fifths of each state's slave population would be counted towards that state's total population for the purpose of apportioning the House of Representatives. This gave the Southern states more power in the House relative to the North and meant that slaveholding states were perpetually overrepresented in national politics.
> Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
The three-fifths ratio was first proposed as an amendment to the Articles of Confederation on April 18, 1783, by James Madison. This amendment ultimately failed to gain unanimous approval. The Three-Fifths Compromise was later superseded by Section 2 of the Fourteenth Amendment, passed in 1868, which explicitly repealed the compromise.
The word "slavery" was introduced into the Constitution by the Thirteenth Amendment, passed in 1865, which abolished slavery in the United States.
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Abolitionist movement
The 13th Amendment to the US Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. The amendment was the culmination of a long and arduous abolitionist movement that spanned decades and involved the efforts of many dedicated individuals.
The abolitionist movement was an organized effort to end the practice of slavery in the United States. It officially emerged around 1830, although there were earlier initiatives and campaigns against slavery before this time. The movement was driven by religious and moral convictions, with abolitionists seeing slavery as an abomination and a violation of the "rights of man." Many early abolitionists were white, religious Americans, but some of the most prominent leaders of the movement were also Black men and women who had escaped from slavery, such as Frederick Douglass.
Abolitionists employed a variety of tactics to further their cause. They sent petitions to Congress, ran for political office, and distributed anti-slavery literature in the South. They also made use of the media, with influential abolitionist William Lloyd Garrison starting a publication called "The Liberator," which supported the immediate freeing of all enslaved people. Female abolitionists like Elizabeth Cady Stanton and Lucretia Mott played a significant role in the movement and went on to become prominent figures in the women's rights movement.
In the 1820s, the abolitionist movement gained momentum with the formation of anti-slavery societies. The first Anti-Slavery Society, the "Society for the Mitigation and Gradual Abolition of Slavery Throughout the British Dominions," was founded in 1823. The passage of the Slavery Abolition Act in 1833 paved the way for the end of slavery throughout the British Empire by 1838. This inspired American abolitionists, who mimicked some of the tactics used by their British counterparts.
The divisiveness and animosity fueled by the abolitionist movement, along with other factors, ultimately led to the Civil War. During this time, President Lincoln issued the Emancipation Proclamation, declaring all persons held as slaves within any state in rebellion against the United States to be forever free. However, it did not end slavery nationwide, and Lincoln recognized the need for a constitutional amendment. The 13th Amendment was passed at the end of the Civil War, providing a final constitutional solution to the issue of slavery in the United States.
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Frequently asked questions
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, introduced the word slavery into the Constitution.
The 13th 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."
Yes, the 13th Amendment abolished slavery in the United States and its territories.
The 13th Amendment was significant as it provided a final constitutional solution to the issue of slavery in the United States. It was the first of the three Reconstruction Amendments that greatly expanded the civil rights of Americans.
Yes, there were previous attempts to abolish slavery through constitutional amendments. Proposals were introduced by Representative Arthur Livermore in 1818 and by John Quincy Adams in 1839, but they failed to gain significant traction.
