Malcolm Rivera
The Thirteenth Amendment to the United States Constitution, passed on February 8, 1864, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States and its territories, with the exception of punishment for a crime. This amendment was the culmination of a long legal and moral battle against slavery in the US, with every state in the North providing for the abolition or emancipation of slaves between 1777 and 1804. The Fifth Amendment, which states that no person shall... be deprived of life, liberty, or property, without due process of law, was used by abolitionists to argue against slavery, but it also became a legal basis for treating slaves as property in the 1857 Dred Scott v. Sandford case. The Thirteenth Amendment was preceded by President Abraham Lincoln's Emancipation Proclamation, which came into effect on January 1, 1863, and declared that all persons held as slaves within any state in rebellion against the US were free.
| Characteristics | Values |
|---|---|
| Name of Amendment | Thirteenth Amendment (Amendment XIII) |
| Date Passed by Senate | April 8, 1864 |
| Date Passed by House of Representatives | January 31, 1865 |
| Date Ratified | December 6, 1865 |
| Date Proclaimed | December 18, 1865 |
| Text | "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." |
| Powers Granted | Congress is granted the power to enforce the amendment through legislation |
| Precedents | The Fifth Amendment was used by abolitionists to argue against slavery, but it also formed the basis for treating slaves as property in Dred Scott v. Sandford (1857) |
| Related Legislation | The Fugitive Slave Clause, the Three-Fifths Compromise, the Emancipation Proclamation |
Explore related products
What You'll Learn
The Thirteenth Amendment
Prior to the Thirteenth Amendment, slavery was only sparingly mentioned in the Constitution. The Three-Fifths Compromise, in Article I, Section 2, Clause 3, was the only reference to the status of enslaved persons, and it pertained to their representation in the House of Representatives. The Fugitive Slave Clause, located in Article IV, Section 2, further reinforced the institution of slavery by stating that a slave remained a slave even if they fled to a non-slavery state.
Republicans' Constitutional Amendments: A Radical Trio
You may want to see also
President Lincoln's role
Abraham Lincoln, the 16th President of the United States, played a significant role in the abolition of slavery. Lincoln was born in 1809 in Kentucky, a slave state. From an early age, he opposed slavery, a stance that was reinforced by his family's religious beliefs. Lincoln's opposition to slavery continued into his political career, with the president-to-be joining the new Republican Party, angered by the Kansas-Nebraska Act of 1854, which opened territories to slavery.
Lincoln's stance on slavery was clear during his pre-presidential political career. In 1846, he teamed up with Joshua R. Giddings on a bill to abolish slavery in the District of Columbia, although it failed to gain support. He also supported the Wilmot Proviso, a proposal to ban slavery in any US territory acquired from Mexico. Lincoln's support for this proposal cost him politically, and he was derided as "spotty Lincoln" by newspapers. Despite this, he continued to advocate for the preservation of the Union and the restriction of slavery's expansion.
Lincoln's election as president in 1860 was a pivotal moment in the fight against slavery. His victory prompted the slave states to secede and form the Confederate States of America, leading to the Civil War. During his presidency, Lincoln took several important steps towards the abolition of slavery. He approved the District of Columbia Compensated Emancipation Act of 1862, which provided partial compensation to slave owners from federal funds. Lincoln also used his power as "'Commander in Chief of the Army and Navy'" to issue the preliminary Emancipation Proclamation in 1862, declaring that all persons held as slaves in rebellious states would be forever free.
Lincoln recognised that the Emancipation Proclamation was a wartime measure and needed to be followed by a constitutional amendment to permanently abolish slavery. He ran on this platform during his second presidential campaign. In 1864, Lincoln supported voting rights for African Americans in the United States, becoming the first US president to do so. On February 1, 1865, Lincoln approved the Joint Resolution of Congress submitting the proposed 13th Amendment to the state legislatures, which was ratified by the required number of states by December 6, 1865. The 13th Amendment officially abolished slavery in the United States and prohibited involuntary servitude, except as punishment for crimes.
Lincoln's role in the abolition of slavery was significant, but he did not live to see the full realisation of his efforts. He was assassinated on April 14, 1865, just days after the Confederate surrender. Lincoln is remembered as a martyr and a national hero for his leadership during the Civil War and his pivotal role in ending slavery.
Constitutional Amendment 102: Understanding India's Historic Move
You may want to see also
The Fugitive Slave Clause
> 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 US Constitution Amendments: Protecting Individual Freedoms in 1791
You may want to see also
Explore related products
The Dred Scott v. Sandford case
The case centred around Dred Scott, an enslaved man who was purchased in Missouri and later moved with his enslaver to Illinois, a free state, and then to present-day Minnesota, where slavery had been prohibited. When his enslaver died, Scott sued the widow he was left to, arguing that he had become a free man by living in a free state. The Supreme Court, in a contentious 7-2 decision, ruled that Scott lacked legal standing to sue because he was not a US citizen. Chief Justice Roger Taney wrote the majority opinion, declaring that persons of African descent were not intended to be included in the definition of "citizens" in the Constitution and had no rights which the white man was bound to respect.
Taney's opinion was criticised for its explicit racism and for inserting his personal beliefs into the holding opinion. The case inflamed tensions between abolitionists and southerners, as it undermined the Missouri Compromise, which had kept the nation together by maintaining federal territories north of Missouri as free states. The decision also concluded that Congress could not prohibit slavery in the territories because the right to hold property in slaves was affirmed in the Constitution.
Virginia's Constitution: Who Proposes Amendments?
You may want to see also
The Emancipation Proclamation
To ensure the permanent abolishment of slavery, Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment. This led to the passing of the 13th Amendment, which abolished slavery and involuntary servitude in the United States, except as punishment for a crime. The 13th Amendment was passed by Congress on January 31, 1865, and ratified by the required number of states on December 6, 1865, officially ending slavery in the nation.
Unincorporated Amendments: Understanding the Constitution's Gaps
You may want to see also
Frequently asked questions
The 13th Amendment, passed in 1865, abolished slavery and involuntary servitude in the United States.
The Emancipation Proclamation was an executive order issued by President Abraham Lincoln on January 1, 1863, that declared that all persons held as slaves within any Confederate-controlled areas were free.
The 1857 Supreme Court case of Dred Scott v. Sandford undermined abolitionist efforts by treating slaves as property under the Fifth Amendment.
