Eleanor Finch
The Thirteenth Amendment to the US Constitution abolished slavery and forced labour in the United States. The amendment was first introduced by Massachusetts senator Charles Sumner in 1863, and passed in the Senate in April 1864, before being approved by the House of Representatives in January 1865. The Thirteenth 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. Congress shall have power to enforce this article by appropriate legislation.
| Characteristics | Values |
|---|---|
| Amendment Number | 13th Amendment |
| Date Proposed | February 8, 1864 |
| Date Passed in Senate | April 8, 1864 |
| Date Passed in House of Representatives | January 31, 1865 |
| Date Ratified | December 1865 |
| Key Senators Involved | Charles Sumner, James Ashley, Trumbull |
| Key Figures Supporting | Abraham Lincoln, Radical Republicans |
| Preceding Event | Emancipation Proclamation |
| 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. Congress shall have the power to enforce this article by appropriate legislation." |
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What You'll Learn
The Thirteenth Amendment
The road to the abolition of slavery was not without its challenges. President Abraham Lincoln's Emancipation Proclamation of 1863 declared that "all persons held as slaves within any State, or designated part of a State, in rebellion against the United States shall be forever free." However, it became clear that a constitutional amendment was necessary to guarantee the abolishment of slavery. Lincoln, recognising the importance of this cause, made the passage of the Thirteenth Amendment his top legislative priority after winning re-election in 1864.
The language of the amendment was carefully considered, with senators debating the constitutionality of uncompensated emancipation and the nature of federalism. The final wording 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. Congress shall have the power to enforce this article by appropriate legislation."
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The Senate passes the amendment
On April 8, 1864, the Senate took a significant step towards the constitutional abolition of slavery by passing an amendment with a vote of 38 to 6. This amendment, which became known as the Thirteenth Amendment, was the culmination of efforts by Radical Republicans like Massachusetts senator Charles Sumner and Ohio representative James Ashley, who had been advocating for such action since 1863. Lincoln, while publicly supporting abolition only in late 1864, was quietly supportive behind the scenes.
Sumner's proposal for absolute "equality before the law" was rejected due to concerns about potential consequences, such as granting voting rights to women. Instead, the committee approved a more moderate version that resembled the Northwest Ordinance of 1787: "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."
The full Senate debate began on February 10, 1864, with senators discussing the constitutionality of uncompensated emancipation, federalism, and the significance of adopting the first constitutional amendment in 60 years. The vote in the Senate was a collaborative effort between Republicans, border-state Democrats, and Union Democrats, who united to pass the amendment.
However, the road to the abolition of slavery was not without challenges. Following the Senate's approval, two test votes in the House of Representatives failed, and the amendment was temporarily set aside due to the national election. It wasn't until December 1864 that representatives reconvened to revisit the issue, paving the way for Abraham Lincoln's actions in January 1865. The amendment was finally ratified in 1865, over two centuries after the arrival of the first enslaved Africans in the American colonies and at the conclusion of a four-year civil war.
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Lincoln's role
The Thirteenth Amendment to the United States Constitution abolished slavery and forced labour in the United States. While the Constitution does not provide the President any formal role in the amendment process, President Abraham Lincoln played a significant role in the passage of the Thirteenth Amendment.
Lincoln quietly supported the abolition amendment behind the scenes before publicly supporting it in late 1864. He urged Congress to pass the amendment in his December 6, 1864, State of the Union Address, stating, "there is only a question of time as to when the proposed amendment will go to the States for their action. And as it is to so go, at all events, may we not agree that the sooner the better?". Lincoln also instructed his Secretary of State, William H. Seward, and other officials to procure votes by any means necessary, including promising government posts and campaign contributions.
Lincoln's leadership helped shape public opinion and maintain fidelity to the form and substance of the Constitution. He worked within the Constitution while altering it, recognising that the amendment would resolve the tension between slavery's existence and the ideals of the Declaration of Independence. Lincoln also saw the amendment as a way to protect federalism from more radical proposals.
Lincoln's victory in the 1864 election, with a nationwide abolition amendment in his platform, was seen as a mandate in favour of abolition. In January 1865, Lincoln took action by signing the joint resolution for the amendment, despite the Senate later passing a motion declaring his signature unnecessary. Lincoln's signature underscored his support for the amendment and its importance.
The Thirteenth Amendment, ratified in December 1865, broke with Lincoln's long-held belief that the Constitution should not be altered. It was a fitting monument to his legacy, ending slavery and creating a stronger nation-state. Lincoln's role in making deals for votes remains unknown, but his leadership and support were crucial in the passage of the amendment.
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Supreme Court's interpretation
The 13th Amendment to the US Constitution abolished slavery and forced labour in the United States, except as punishment for a crime. 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. Congress shall have power to enforce this article by appropriate legislation."
Over the last 150 years, the US Supreme Court has had to determine how far the 13th Amendment goes in protecting against slavery and discrimination.
In Bailey v. Alabama, the Supreme Court struck down an Alabama law that allowed landowners to force farmers to work off their debts or face criminal charges and possible prison sentences. The Court agreed that this was involuntary servitude because the farmers were prevented from seeking other employment and were therefore unable to find alternatives to paying the debt. The Court said that forcing people to work against their will amounts to involuntary servitude and is prohibited by the 13th Amendment.
In Hodges v. United States, the Supreme Court set aside the convictions of three men for conspiring to drive several African Americans out of their jobs at a lumber mill. The Court said that the 13th Amendment authorises Congress to enforce the abolition of conditions of enforced compulsory service. However, the Court also said that neither the 13th nor the 14th Amendment gives Congress or law enforcement officials the power to regulate private acts of discrimination.
In Robertson v. Baldwin, sailors sued, claiming that forced labour violated the 13th Amendment's ban on involuntary servitude. The Supreme Court ruled that there was no 13th Amendment violation because the sailors had signed employment contracts and had an obligation to complete the work they had contracted to do.
In United States v. Reynolds, the Supreme Court found that an Alabama law violated the 13th Amendment.
In Butler v. Perry, the Supreme Court found that a Florida statute requiring able-bodied men to work for several days a year on public roads was not unconstitutional and did not violate the 13th Amendment. The Court reasoned that the term "involuntary servitude" in the 13th Amendment was intended to cover forms of compulsory labour akin to African slavery, and that the state had the power to require individuals to labour for a reasonable period on public roads.
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The Emancipation Proclamation
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, a presidential proclamation and executive order, as the nation approached its third year of civil war. The proclamation declared that all persons held as slaves within the rebellious states were to be free. It applied to more than 3.5 million of the 4 million enslaved people in the country, though it excluded states not in rebellion, as well as parts of Virginia under Union control and Louisiana parishes thought to be pro-Union.
Lincoln also mandated that Reconstruction plans for Southern states require 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 illegal in the United States. The 13th Amendment was first passed in the Senate in April 1864 and then in the House of Representatives in January 1865. It abolished slavery and forced labor in the United States, except as punishment for a crime.
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Frequently asked questions
The Thirteenth Amendment to the US Constitution abolished slavery.
The Thirteenth Amendment was passed in February 1864 by the Senate and in January 1865 by the House of Representatives.
The Thirteenth Amendment made slavery and involuntary servitude illegal in the United States, except as punishment for a crime. It also authorized Congress to enforce abolition and protect against discrimination.
