Simone Lawson
The abolition of slavery in the United States was achieved through the Thirteenth Amendment to the Constitution, passed on December 6, 1865. This amendment was the culmination of a long and arduous journey towards emancipation, which began with President Lincoln's Emancipation Proclamation on January 1, 1863, freeing slaves in Confederate-controlled areas. While this proclamation shifted the purpose of the Civil War, it did not end slavery nationwide, and Lincoln recognised the need for a constitutional amendment to guarantee abolition. The Thirteenth Amendment was thus proposed and ratified, explicitly mentioning slavery for the first time in the Constitution and barring all persons from holding slaves or engaging in involuntary servitude. This amendment, along with the Fourteenth and Fifteenth Amendments, greatly expanded the civil rights of Americans, marking a significant turning point in the nation's history.
| Characteristics | Values |
|---|---|
| Name of Amendment | The Thirteenth Amendment (Amendment XIII) |
| Date of Ratification | December 6, 1865 |
| Date it Went into Effect | December 18, 1865 |
| Text of the Amendment | "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." |
| Previous Attempts to Abolish Slavery | The Emancipation Proclamation, issued by President Lincoln on January 1, 1863, freed slaves in Confederate states but did not end slavery nationwide. Abolitionist movement leaders included William Lloyd Garrison, Theodore Dwight Weld, and Angelina Grimké. |
| Impact | Ended chattel slavery and involuntary servitude in the United States and its territories, with some exceptions for criminal punishment. |
| Unique Aspects | The first explicit mention of slavery in the Constitution. It bars all individuals from holding slaves, not just the government. |
| Supporting Amendments | The Fourteenth and Fifteenth Amendments expanded civil rights and addressed racially discriminatory practices. |
Explore related products
$20.73 $33.99
What You'll Learn
The US Constitution's Three-Fifths Compromise
The Southern states wanted to count their entire population, including slaves, to increase their number of members of Congress. On the other hand, the Northern states, where slavery was less prevalent or non-existent, only wanted to count free persons, as slaves had no voting rights. The compromise counted three-fifths of each state's slave population toward 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.
The Three-Fifths Compromise was part of Article 1, Section 2, Clause 3 of the Constitution, which stated: "Representatives and direct Taxes shall be apportioned among the several States...according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons...three-fifths of all other Persons." The “other Persons” referred to slaves. This clause was a contentious issue, with some interpreting it as implying that slaves were considered three-fifths of a person.
The Three-Fifths Compromise was superseded and repealed by the Fourteenth Amendment in 1868, which explicitly stated that "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State". This amendment ensured that slaves were fully counted for representation, further solidifying the abolition of slavery in the United States.
Separation of Church and State: A Constitutional Amendment?
You may want to see also
Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. The clause requires that a "Person held to Service or Labour" who escapes to another state must be returned to their master in the state from which they escaped. The exact wording of the clause is as follows:
> 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.
The Fugitive Slave Clause was adopted at the Constitutional Convention of 1787. It was unanimously approved without further debate, despite objections from James Wilson and Roger Sherman, who argued that it would oblige state executives to seize fugitive slaves at public expense. Interestingly, the phrase "legally held to service or labour in one state" was changed at the last minute to "held to service or labour in one state, under the laws thereof". This revision made it impossible to interpret the Constitution as legally sanctioning slavery.
The Fugitive Slave Clause was enforced through legislation such as the Fugitive Slave Act of 1793, which was strengthened as part of the Compromise of 1850. This act made the federal government responsible for finding, returning, and trying escaped slaves. It also required that slaves be returned to their owners, even if they had escaped to a free state. Northern resistance to the enforcement of the Fugitive Slave Clause increased in the 19th century, particularly after the 1850 act. Several Northern states enacted "personal liberty laws" to protect free Black residents from kidnapping and provide safeguards for accused fugitives.
The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment to the United States Constitution, which abolished slavery except as punishment for criminal acts.
The First Amendment: Freedom's Foundation
You may want to see also
Abolitionist movement
The Abolitionist movement in the United States gained momentum in the decades leading up to the Civil War, with a growing number of people calling for an end to slavery across the nation. Notable figures of the movement included William Lloyd Garrison, Theodore Dwight Weld, and Angelina Grimké. The movement exacerbated tensions between the North and the South, as the majority of slaves were concentrated in the Southern states.
The American Colonization Society, an alliance between abolitionists and slaveholders, advocated for the emigration of both free blacks and slaves to Africa, where they would establish independent colonies. This view was endorsed by politicians such as Henry Clay, who feared that the abolitionist movement would provoke a civil war. Despite these efforts, slavery remained a contentious issue, and it was not until the Civil War and the Emancipation Proclamation issued by President Abraham Lincoln on January 1, 1863, that significant progress was made towards abolition.
The Emancipation Proclamation freed slaves in the Confederate states that had seceded, but it did not end slavery nationwide. Lincoln recognized that a constitutional amendment was necessary to guarantee the abolishment of slavery. The Thirteenth Amendment, passed on December 6, 1865, finally abolished slavery and involuntary servitude across the United States and its territories. It was the first of three Reconstruction Amendments that greatly expanded the civil rights of Americans.
The impact of the Thirteenth Amendment was significant. It not only ended chattel slavery as it was practised in the South but also barred involuntary servitude, covering a broader range of labour arrangements where individuals were coerced into working. This included practices such as peonage, which had spread across the Southern states after the Civil War. The Amendment also rendered the Fugitive Slave Clause, which allowed slaveholders to retain their slaves even if they escaped to non-slavery states, largely moot.
The Abolitionist movement played a crucial role in shifting public opinion and building momentum towards the eventual abolition of slavery. While the Emancipation Proclamation and the Thirteenth Amendment are often highlighted as the key moments in the abolition of slavery, the efforts of abolitionists laid the groundwork and helped shape the legal and political landscape that made abolition possible.
The Most Damaging Amendment in the Constitution
You may want to see also
Explore related products
$79.96 $79.99
Lincoln's Emancipation Proclamation
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation as the nation approached its third year of civil war. The 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."
While the Emancipation Proclamation did not end slavery across the nation, it was a significant milestone in the road to its final destruction. It added moral force to the Union cause and strengthened the Union both militarily and politically. The proclamation 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.
Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery. The Thirteenth Amendment to the Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude across the United States and its territories, except as punishment for a crime.
The Right to Counsel: A Constitutional Guarantee
You may want to see also
Thirteenth Amendment ratification
The Thirteenth Amendment to the United States Constitution, also known as Amendment XIII, was passed by the Senate on April 8, 1864, and by the House of Representatives on January 31, 1865. It was ratified by the required 27 out of 36 states on December 6, 1865, and proclaimed on December 18, 1865. The amendment abolished slavery and involuntary servitude across the United States and its territories, except as punishment for a crime.
The road to the ratification of the Thirteenth Amendment began with an abolitionist movement in the North, led by figures such as William Lloyd Garrison, Theodore Dwight Weld, and Angelina Grimké. This movement called for the immediate end of slavery nationwide, exacerbating tensions between the North and South. The American Colonization Society, an alliance between abolitionists and slaveholders, advocated for the emigration of both free blacks and slaves to Africa, a view endorsed by politicians like Henry Clay. Proposals to eliminate slavery through a constitutional amendment were introduced as early as 1818 by Representative Arthur Livermore and in 1839 by John Quincy Adams, but they failed to gain traction.
On September 22, 1862, President Abraham Lincoln issued the Emancipation Proclamation, which came into effect on January 1, 1863, proclaiming the freedom of slaves in ten states that were still in rebellion. Lincoln recognised that this proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery. The Thirteenth Amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union. It should have easily passed in Congress, but while the Senate passed it in April 1864, the House initially did not. Lincoln took an active role in ensuring the amendment's passage through Congress, adding it to the Republican Party platform for the 1864 Presidential election.
The Thirteenth Amendment was the first of three Reconstruction Amendments adopted following the Civil War. It provided a final constitutional solution to the issue of slavery in the United States, declaring 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 amendment superseded a portion of Article IV, Section 2 of the Constitution, known as the Fugitive Slave Clause, which stated that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state. With the ratification of the Thirteenth Amendment, slavery was banned and declared illegal across the United States and its territories.
Amendments: Our Constitution's Evolution Since Ratification
You may want to see also
Frequently asked questions
The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime.
The 13th Amendment was the first explicit mention of slavery in the Constitution and put an end to chattel slavery as practised in the southern United States. It also barred "involuntary servitude", which covers a broader range of labour arrangements where a person is forced to work by the use or threatened use of physical or legal coercion.
The Emancipation Proclamation, issued by President Abraham Lincoln on 1 January 1863, declared that enslaved people in Confederate-controlled areas were free. However, it did not end slavery in the nation as it only applied to areas of the Confederacy in a state of rebellion and not to the "border states" that remained in the Union. Therefore, the true abolition of slavery was achieved when the 13th Amendment was ratified on 6 December 1865.
