Eleanor Finch
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and prohibited involuntary servitude in the United States, except as punishment for a crime. This amendment was a significant milestone in American history, ensuring the freedom of millions of enslaved people and expanding civil rights for Americans. It was preceded by President Lincoln's Emancipation Proclamation in 1862, which declared freedom for slaves in the secessionist Southern states, but a constitutional amendment was necessary to permanently abolish slavery across the nation. The 13th Amendment also restricted other forms of bound labor, such as indentured servitude and peonage, and its enforcement clause has been used to combat racial discrimination in various sectors.
| Characteristics | Values |
|---|---|
| Amendment number | 13th Amendment |
| Date passed by Congress | January 31, 1865 |
| Date ratified | December 6, 1865 |
| Number of states ratifying it | 27 out of 36 |
| Date of official certification | December 18, 1865 |
| Date of final ratification by all states from 1865 | March 16, 1995 (Mississippi) |
| Date of certification of Mississippi's ratification | February 7, 2013 |
| Section 1 | "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." |
| Section 2 | "Congress shall have power to enforce this article by appropriate legislation." |
| Superseded by | A portion of Article IV, Section 2, of the Constitution |
| Other impacts | Restricted several other forms of bound labour and servitude, including indentured servitude and peonage |
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What You'll Learn
The 13th 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."
Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery. The 13th Amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union. It faced opposition in Congress, particularly from Democrats who argued that it violated the spirit of the Constitution. Nonetheless, it was approved by President Lincoln and quickly ratified by 18 of the necessary 27 states within a month. Lincoln's assassination in April 1865 stalled the process, but it eventually gained the required number of state ratifications in December of that year.
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President Lincoln's role
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, abolished slavery in the United States. This amendment was the culmination of a long process that began with President Lincoln's Emancipation Proclamation in 1863, which declared that "all persons held as slaves within any State... shall be then, thenceforward, and forever free."
Lincoln recognised that the Emancipation Proclamation was insufficient to end slavery and that a constitutional amendment was necessary to guarantee its abolishment. He understood that a more permanent solution was needed, and so he made the passage of the 13th Amendment his top legislative priority after winning reelection in 1864. Lincoln took an active role in ensuring the amendment's passage through Congress, urging members on during the lame duck" session and including its passage as part of the Republican Party platform for the 1864 election.
Lincoln instructed his Secretary of State, William H. Seward, and others to procure votes by any means necessary, and they promised government posts and campaign contributions to outgoing Democrats willing to switch sides. Lincoln's precise role in making deals for votes remains unknown, but his efforts were ultimately successful, with the House passing the bill in January 1865.
On February 1, 1865, Lincoln approved the Joint Resolution of Congress, submitting the proposed amendment to the state legislatures. By December 6, 1865, the necessary number of states (27 out of 36) had ratified the amendment, and Lincoln signed copies to show his support. While the Constitution does not give presidents an official role in the passing of amendments, Lincoln's signature sent a powerful message of approval and underscored the importance of the 13th Amendment.
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The Emancipation Proclamation
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring that more than 3.5 million enslaved African Americans in the Confederate states were now free. The proclamation stated:
> "That all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom."
While the Emancipation Proclamation did not end slavery in the nation, it energised abolitionists and set the United States on a decisive course for how the nation would be reshaped after the Civil War. Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery. The 13th Amendment to the U.S. Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery and prohibited involuntary servitude within the United States, except as punishment for crimes. With the adoption of the 13th Amendment, the United States found a final constitutional solution to the issue of slavery.
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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."
In simple terms, this clause ensured that slavery would be recognized and enforced across all states, even in those that had outlawed the practice. It required that any escaped enslaved person, if found, be returned to their owner. This clause effectively made it illegal for escaped enslaved people to seek refuge in free states, as they could be legally captured and returned to slavery. The Fugitive Slave Clause also gave slave owners the right to enter free states and retrieve their escaped property without facing legal repercussions.
While the clause was intended to protect the property rights of slave owners, it had significant implications for enslaved people seeking freedom. It made the journey to freedom much more dangerous and difficult, as they could no longer find legal refuge in certain states. The clause also empowered slave catchers, who often used violent and ruthless tactics to capture and return escaped enslaved people to their owners.
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The Three-Fifths Compromise
The Compromise resolved this impasse by counting three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This allocation also determined the number of electoral votes each state would be allocated and how much money the states would pay in taxes. The Three-Fifths Compromise is part of Article 1, Section 2, Clause 3 of the United States Constitution.
By granting slaveholding states the right to count three-fifths of their enslaved population, these states became perpetually overrepresented in national politics. However, this same ratio was used to determine the federal tax contribution required of each state, thus increasing the direct federal tax burden of slaveholding states.
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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 also restricted other forms of bound labour and servitude, such as indentured servitude and peonage.
The 13th Amendment was passed by Congress on January 31, 1865, and ratified on December 6, 1865, by the required 27 out of 36 states.
President Lincoln issued the Emancipation Proclamation in 1863, declaring all persons held as slaves to be "forever free". However, it did not end slavery as it only applied to areas of the Confederacy in rebellion and not the border states.
