Malcolm Rivera
The Thirteenth Amendment to the US Constitution, which came into force in December 1865, abolished slavery and prohibited involuntary servitude, except as punishment for a crime. The amendment was passed by Congress and ratified by Georgia, which became the 27th and final state needed to pass the amendment. The Thirteenth Amendment provided the constitutional basis for subsequent congressional acts against racial discrimination. It has been the subject of numerous Supreme Court rulings over the past 150 years, which have interpreted its scope and impact on slavery and discrimination.
| Characteristics | Values |
|---|---|
| Amendment Number | 13th Amendment |
| Date of Senate Approval | June 14, 1864 |
| Senate Vote | 38-6 |
| Date of House Approval | January 31, 1865 |
| House Vote | 119-56 |
| Date Adopted | December 18, 1865 |
| Deciding State | Georgia |
| Section 1 | Outlaws chattel slavery and involuntary servitude (except as punishment for a crime) |
| Section 2 | Grants U.S. Congress the power "to enforce this article by appropriate legislation" |
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What You'll Learn
The Thirteenth Amendment
The road to the passage of the Thirteenth Amendment began with President Abraham Lincoln's Emancipation Proclamation on January 1, 1863. The proclamation declared that all enslaved people in Confederate-controlled areas were free. However, Lincoln recognised that the Emancipation Proclamation needed to be followed by a constitutional amendment to truly guarantee the abolishment of slavery. He made the passage of the Thirteenth Amendment a priority, especially after winning re-election in 1864. Lincoln urged Congress to take action, and his efforts were successful when the House passed the bill in January 1865.
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Lincoln's Emancipation Proclamation
The 13th Amendment to the US Constitution, passed in 1865, is what officially abolished slavery in the United States. However, the journey to this constitutional amendment was a long one, and it was kickstarted by Lincoln's Emancipation Proclamation.
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation during the American Civil War. The proclamation declared that "all persons held as slaves within the rebellious states are, and henceforward shall be free". This proclamation was a military measure and a presidential proclamation and executive order. It applied only to states that had seceded from the Union, leaving slavery legal in the loyal border states. It also did not apply to parts of the Confederacy that were already under Union control.
The Emancipation Proclamation was limited in scope and did not end slavery in the nation. However, it was a significant milestone in the journey towards the abolition of slavery. It changed the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states from enslaved to free. It 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.
Lincoln himself was unsure of the constitutionality of the proclamation and feared that it could be overturned by the next president. He, therefore, pushed for the passage of the 13th Amendment to ensure the abolition of slavery was enshrined in the Constitution.
The Emancipation Proclamation played a significant role in the end of slavery in the United States and has assumed a place among the great documents of human freedom.
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The Senate vote
On April 8, 1864, the U.S. Senate took a significant step toward the abolition of slavery by voting in favour of the 13th Amendment. The vote was carried by a coalition of 30 Republicans, four border-state Democrats, and four Union Democrats, with a final tally of 38 to 6. The amendment was introduced as a joint resolution by Senator John Henderson (S.J. Res. 16).
Sumner introduced his own proposal for a constitutional amendment in February 1864, which included a provision for "equality before the law". However, this proposal was rejected, with some senators arguing that it could lead to unintended consequences such as granting voting rights to women. The committee instead approved language that mirrored 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."
After the Senate vote, the 13th Amendment faced challenges in the House of Representatives, where it initially failed to secure the required two-thirds majority. It was only after Lincoln's reelection and the formation of a new Congress in early 1865 that the amendment gained enough support to pass, setting the stage for its ratification by the states later that year.
The 13th Amendment officially abolished slavery in the United States, marking a crucial moment in the country's history and setting a precedent for future interpretations and expansions of freedom and equality.
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The House vote
The House of Representatives initially defeated the 13th Amendment by a vote of 93 in favour, 65 opposed, and 23 not voting, which was less than the two-thirds majority needed to pass a Constitutional Amendment. Two test votes failed in the House, and the amendment was sidelined by the national election.
However, in December 1864, representatives convened a lame-duck session to renew the debate, setting the stage for action in January 1865 by the newly re-elected Abraham Lincoln. On January 31, 1865, the House of Representatives passed the 13th Amendment, with a vote of 119 to 56, just above the necessary two-thirds majority.
The 13th Amendment, which ended slavery in the United States, was then sent to the states for ratification, which came in December 1865. Georgia became the 27th and deciding state to ratify it, and Secretary of State William Seward declared the 13th Amendment officially part of the Constitution on December 18, 1865.
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The impact of the 13th Amendment
The 13th Amendment to the US Constitution, ratified on December 6, 1865, was a pivotal moment in American history, officially ending the legal practice of chattel slavery and involuntary servitude across the nation and its territories. This amendment was the culmination of a protracted struggle to abolish slavery, which had been a contentious issue since the country's founding.
The immediate impact of the 13th Amendment was the emancipation of over 4 million enslaved people in the southern United States. This represented a significant shift, as the Constitution had previously only obliquely acknowledged slavery, and the Emancipation Proclamation of 1863 had not fully ended the practice. The amendment's explicit language left no room for ambiguity, stating: "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 also had broader implications, addressing various forms of bound labour and servitude. It banned peonage, a system of debt bondage where individuals were forced to work to repay their debts, often trapping them in cycles of work without pay. This practice was later deemed unconstitutional in the 1911 Supreme Court case Bailey v. Alabama. The amendment's enforcement clause has been used over the years to combat racial discrimination in private sectors, public transportation, housing, and, more recently, human trafficking.
Additionally, the 13th Amendment set the stage for further legislative and social changes. It was the first of three Reconstruction Amendments, and it empowered Congress to pass laws to eradicate the "badges and incidents of slavery." While it did not end discrimination against formerly enslaved people and African Americans, it laid the groundwork for the long-term goal of achieving equality for all Americans.
The 13th Amendment's passage marked a significant step towards freedom and equality in the United States, sending a clear message that slavery and involuntary servitude would no longer be tolerated. It stands as a testament to the country's evolving commitment to uphold the fundamental rights and liberties of all its citizens.
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Frequently asked questions
The 13th Amendment to the US Constitution ended slavery.
The 13th 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 the power to enforce this article by appropriate legislation."
The 13th Amendment was passed by the US Senate in 1864 and by the House of Representatives in 1865.
President Lincoln issued the Emancipation Proclamation in 1863, which freed slaves held in the Confederate States. However, he recognised the need for a constitutional amendment to ensure the permanent abolition of slavery. Lincoln quietly supported the 13th Amendment and, after his reelection in 1864, it appeared the amendment was headed for passage.
The 13th Amendment officially abolished slavery in the United States and provided constitutional support for congressional enactments against private racial discrimination. It also ensured the freedom of over 4 million people who had been enslaved.
