Omar Bennett
The Thirteenth Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and prohibited it within the United States and its territories. 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 a significant milestone in American history, as it provided a constitutional solution to the issue of slavery and expanded the civil rights of Americans. However, it is important to note that the amendment only ended chattel slavery and enabled slavery to evolve into other forms that still have detrimental effects on Black Americans today.
| Characteristics | Values |
|---|---|
| Name of Amendment | 13th Amendment |
| Date Passed by Congress | January 31, 1865 |
| Date Ratified | December 6, 1865 |
| Date Certified | December 18, 1865 |
| Text of 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." |
| Impact | Abolished slavery, restricted other forms of bound labor and servitude, and expanded civil rights |
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What You'll Learn
The 13th Amendment
Prior to the 13th Amendment, slavery was sparingly mentioned in the Constitution. The Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3, was the only reference to the way enslaved persons were to be regarded by the federal government, considering them as "three-fifths" of a fully free citizen. This was for the purpose of allocating taxes and seats in the House of Representatives. The Fugitive Slave Clause, located in Article IV, Section 2, 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.
President Abraham Lincoln played a significant role in the passage of the 13th Amendment. On September 22, 1862, during the American Civil War, he issued the Emancipation Proclamation, declaring all 3.5 million African American slaves in the secessionist Southern states as free. Lincoln recognised that the Emancipation Proclamation was not sufficient to end slavery and needed to be followed by a constitutional amendment. After his reelection in 1864, he made the passage of the 13th Amendment his top priority.
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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. The proclamation declared that all persons held as slaves within the rebellious states were to be freed. This proclamation was a presidential proclamation and executive order that changed the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states.
The Emancipation Proclamation was a significant step towards the abolition of slavery and played a crucial role in the end of slavery in the United States. It broadened the goals of the Union war effort by making the eradication of slavery an explicit Union goal, in addition to the reunification of the country. The proclamation also had the effect of preventing European forces from intervening in the war on behalf of the Confederacy, as support for the Confederacy became linked to support for slavery.
However, it is important to note that the Emancipation Proclamation did not end slavery in the nation entirely. It was limited in scope and did not apply to the loyal border states or parts of the Confederacy that had come under Northern control. Additionally, the freedom it promised depended upon a Union military victory. Nevertheless, the proclamation was a milestone along the road to slavery's destruction and has assumed a place among the great documents of human freedom.
In the words of Abraham Lincoln, the Emancipation Proclamation stated:
> "That all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons."
Lincoln also took steps to ensure the abolition of slavery in all of the U.S. by mandating that Reconstruction plans for Southern states required them to enact laws abolishing slavery. He encouraged border states to adopt abolition and pushed for the passage of the 13th Amendment, which made slavery and involuntary servitude unconstitutional.
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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 Thirteenth Amendment, which abolished slavery, has effectively nullified the Clause.
The exact wording of the Fugitive Slave 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.
It is notable that the words "slave" and "slavery" are not used in the Clause. This was likely a deliberate political compromise to avoid overtly validating slavery at the federal level. However, the intent of the Constitution to limit slavery to state law, rather than federal law, has been observed by historians.
The Fugitive Slave Clause was adopted at the Constitutional Convention of 1787. The Northwest Ordinance of 1787, which abolished slavery in the Territory, provided for the return of fugitive slaves who had escaped. The Fugitive Slave Act of 1793 further strengthened the enforcement of the Clause.
Resistance to the enforcement of the Fugitive Slave Clause increased in the 19th century, particularly after the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect free Black residents from kidnapping and provide safeguards for accused fugitives.
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The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress. On the other hand, free states wanted to exclude the counting of slave populations in slave states, as those slaves had no voting rights.
The three-fifths ratio was first proposed by James Madison in Federalist No. 54, "The Apportionment of Members Among the States". Madison argued that slaves should be considered in no respect whatever as persons and that they should be regarded as three-fifths of a fully free citizen.
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Indentured servitude
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States. 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."
While the 13th Amendment ended slavery, it also restricted several other forms of bound labour and servitude, including indentured servitude. Indentured servitude was a common practice in British America until the late 18th century and was often used as a way for Europeans to migrate to the American colonies. Individuals would sign an indenture or contract to work without a salary for a certain period, usually four to seven years, in exchange for passage to the colonies, room, board, and freedom dues. While the life of an indentured servant was harsh and restrictive, it was not slavery.
Indentured servants were subject to physical punishment and did not have the same legal protections as free citizens. They could not marry without the permission of their master, and female indentured servants were particularly vulnerable to rape and sexual abuse by their masters. The children of these unions further extended the labour contract by two years.
The decline of indentured servitude began after Bacon's Rebellion, a servant uprising against the government of Colonial Virginia. The treatment of servants, the government's refusal to address inequality, and the fear of future rebellion led to a shift towards enslaved Africans as a source of labour, cementing the idea of racial segregation.
Today, indentured servitude is illegal in the United States and most other countries. However, illegal forms of indentured servitude still exist, such as debt bondage, a form of human trafficking.
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Frequently asked questions
The 13th Amendment to the U.S. Constitution abolished slavery in 1865.
The 13th 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 13th Amendment was the final answer to the question of slavery in the United States. It restricted several other forms of bound labour and servitude, such as indentured servitude and peonage.
The 13th Amendment did not free all slaves. Despite being rendered unconstitutional, slavery continued in areas under the jurisdiction of Native American tribes beyond ratification.
