The Constitution's Emancipation Proclamation: Abolishing Slavery's Legacy

what part of constitution abolished slavery

The 13th Amendment to the United States Constitution, passed in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment was the culmination of a long and contentious history of slavery in the United States, which began with its founding in 1776 and persisted despite the Revolutionary War and the ratification of the Constitution. While some states, such as Vermont, Pennsylvania, New York, and Connecticut, had gradually abolished slavery within their jurisdictions, it was the 13th Amendment that provided a final constitutional solution to the issue of slavery nationwide.

Characteristics Values
Amendment number 13th Amendment
Date passed by Senate 8 April 1864
Date passed by House of Representatives 31 January 1865
Date ratified 6 December 1865
Date proclaimed 18 December 1865
Number of states that ratified the amendment 27
Number of states required for ratification 27
Number of states in the US at the time 36
Number of slaves in the US in 1860 Nearly 4 million
Number of slaves freed by the Union in 1861 and 1862 5,000

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The 13th Amendment to the US Constitution

The 13th Amendment was the first of three Reconstruction Amendments adopted following the American Civil War. The war had inflamed tensions between the North and South, with fighting between pro-slavery and abolitionist forces in Kansas, the election of Abraham Lincoln as president, and the publication of the 1852 anti-slavery novel "Uncle Tom's Cabin" all contributing factors. Lincoln's 1864 election platform included the abolition of slavery by constitutional amendment.

The road to the 13th Amendment was not without challenges. In 1861, Congress passed a different 13th Amendment, which stated that Congress would not have the power to abolish or interfere with the "domestic institutions" of the states, including slavery. Fortunately, only two states ratified this amendment, and in 1864, a new version of the 13th Amendment was introduced. This new amendment faced resistance as well, with President Lincoln remaining outwardly neutral due to political concerns.

The 13th Amendment had a significant impact on the legal status of slavery in the United States. It ensured that abolition was beyond legal challenge and empowered Congress to make laws against modern forms of slavery, such as sex trafficking. However, it is important to note that even after the 13th Amendment, some Black Americans, particularly in the South, continued to face involuntary labor and discrimination.

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The Civil War and the 13th Amendment

The US Constitution, from its inception in 1776, was a document that divided opinion on the issue of slavery. While some founding members were anti-slavery, others were slaveholders, and the Constitution implicitly recognised slavery through provisions such as the Three-Fifths Compromise. This compromise, which counted three-fifths of each state's enslaved population in apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College.

In the years leading up to the Civil War, tensions between the North and South escalated due to various factors, including the publication of the anti-slavery novel "Uncle Tom's Cabin" in 1852, and the election of Abraham Lincoln as president in 1860. Lincoln opposed the expansion of slavery into Western territories, and the Southern states seceded from the Union after his election, forming the Confederate States of America and sparking the Civil War.

During the war, Lincoln issued the Emancipation Proclamation on September 22, 1862, which came into effect on January 1, 1863. This proclamation declared that all enslaved people in the Confederate-controlled areas, or states in rebellion against the Union, were free. However, this proclamation did not end slavery in the nation as it only applied to certain areas, and Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery.

The 13th Amendment, passed by Congress on January 31, 1865, and ratified on December 6, 1865, finally abolished slavery in the United States. The amendment stated that neither slavery nor involuntary servitude, except as punishment for a crime, shall exist within the United States or any place subject to its jurisdiction. It was one of three Reconstruction Amendments, along with the 14th and 15th Amendments, that greatly expanded the civil rights of Americans.

While the 13th Amendment was a significant step towards equality for Black Americans, the struggle for full equality and civil rights continued well into the 21st century.

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The role of President Lincoln

Abraham Lincoln played a significant role in the abolition of slavery in the United States. Lincoln, who was elected in 1860, opposed the expansion of slavery into Western territories, which was a source of tension between the North and South. This stance, along with other factors, led to the Southern states seceding from the Union and the start of the American Civil War.

Lincoln's initial focus was on preventing the expansion of slavery, which he believed would eventually lead to its demise. He supported the failed Wilmot Proviso in the 1840s, which aimed to exclude slavery from territories. As a Congressman, he also drafted a bill to abolish slavery in the District of Columbia, although it lacked support and was never introduced. Lincoln's election in 1860 provided an opportunity to address slavery, as the departure of Southern members of Congress allowed for the passage of anti-slavery legislation.

During the Civil War, Lincoln issued the Emancipation Proclamation on September 22, 1862, with an effective date of January 1, 1863. This proclamation declared that all enslaved people in Confederate-controlled areas, which included almost all slaves, were free. It was a war tactic, as freeing enslaved people deprived the South of labour and allowed African Americans to join the armed forces. Lincoln also believed it to be an act of justice, but he was concerned about the potential consequences and feared an endemic racial divide.

Lincoln recognised the limitations of the Emancipation Proclamation and sought a more permanent solution through a constitutional amendment. He proposed an amendment in 1862 that would provide federal compensation to any state that voluntarily abolished slavery before 1900. However, this proposal allowed for the possibility of reintroducing slavery, and Lincoln faced pressure from abolitionists and radical Republicans to take more decisive action. Lincoln remained outwardly neutral on the amendment as he considered it politically dangerous, but his 1864 election platform included a commitment to abolish slavery through a constitutional amendment.

Lincoln's administration played a role in the passage of the Thirteenth Amendment, which abolished slavery and involuntary servitude, except as punishment for a crime. The Amendment was passed by the Senate in 1864 and the House of Representatives in 1865, and it was ratified by the required number of states in 1865. Lincoln did not live to see the Amendment's adoption, as he was assassinated, but it ensured that abolition was beyond legal challenge.

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The Emancipation Proclamation

The proclamation changed the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states from enslaved to free. As soon as slaves escaped the control of their enslavers, either by fleeing to Union lines or through the advance of federal troops, they were permanently free. The proclamation also allowed for former slaves to be "received into the armed service of the United States".

Despite its expansive wording, the Emancipation Proclamation was limited in many ways. It applied only to states that had seceded from the Union, leaving slavery untouched in the loyal border states. It also expressly exempted parts of the Confederacy that had already come under Union control. Most importantly, the freedom it promised depended upon a Union military victory. Although the Emancipation Proclamation did not end slavery in the nation, it transformed the character of the war. It added moral force to the Union cause and strengthened the Union both militarily and politically.

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The Reconstruction Amendments

The 13th Amendment

The 13th Amendment, or the Slavery Abolition Amendment, was proposed in 1864 and ratified in 1865. It abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, and by the House of Representatives on January 31, 1865. It was the first of the three Reconstruction Amendments.

The 14th Amendment

The 14th Amendment, also known as the Citizenship Clause or Due Process Clause, was proposed in 1866 and ratified in 1868. It addresses citizenship rights and equal protection under the law for all persons. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a prominent supporter of this amendment.

The 15th Amendment

The 15th Amendment, or the Right to Vote Amendment, was proposed in 1869 and ratified in 1870. It prohibits federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude."

Frequently asked questions

The Thirteenth Amendment (Amendment XIII) to the US Constitution abolished slavery and involuntary servitude, except as punishment for a crime.

The Thirteenth Amendment 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 of the then 36 states on December 6, 1865, and proclaimed on December 18, 1865.

In 1861 and 1862, Congress enacted legislation known as the Confiscation Acts, which freed enslaved people who came within Union lines and had been under Confederate masters. Congress also abolished slavery in the District of Columbia in 1862 via the District of Columbia Compensated Emancipation Act. President Abraham Lincoln issued the Emancipation Proclamation on September 22, 1862, with an effective date of January 1, 1863, proclaiming the freedom of slaves in ten states that were still in rebellion.

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