Omar Bennett
The Thirteenth Amendment to the United States Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the country and its territories, except as punishment for a crime. It was the first of three Reconstruction Amendments following the Civil War and put an end to chattel slavery, a form of slavery in which an individual is considered the personal property of another. The Thirteenth Amendment was a significant step towards expanding the civil rights of Americans and provided a constitutional solution to the issue of slavery, which had previously been addressed through wartime measures such as President Lincoln's Emancipation Proclamation.
| Characteristics | Values |
|---|---|
| Name of Amendment | 13th Amendment or Amendment XIII |
| Date passed by Congress | January 31, 1865 |
| Date ratified | December 6, 1865 |
| Number of states that ratified | 27 out of 36 |
| Date proclaimed | December 18, 1865 |
| Date of President Lincoln's Emancipation Proclamation | January 1, 1863 |
| Date Texas enforced the proclamation | June 19, 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." |
| Section 2 Text | "Congress shall have power to enforce this article by appropriate legislation." |
| Type of slavery abolished | Chattel slavery |
| Number of states with constitutions that permit slavery or involuntary servitude as punishment for a crime | 19 |
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What You'll Learn
The Thirteenth Amendment
In 1863, President Lincoln issued the Emancipation Proclamation, declaring that all persons held as slaves within any State or designated part of a State in rebellion against the United States were to be free. However, the Emancipation Proclamation did not end slavery in the nation since it only applied to areas of the Confederacy currently in rebellion and not even to the loyal “border states” that remained in the Union. Lincoln recognised that the Emancipation Proclamation would have to be followed by a constitutional amendment to guarantee the abolishment of slavery.
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Chattel slavery abolished
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished chattel slavery and involuntary servitude in the United States and its territories, except as punishment for a crime. The Amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by 27 of the then 36 states on December 6, 1865. It was proclaimed on December 18, 1865, and was the first of three Reconstruction Amendments adopted following the American Civil War.
The Thirteenth Amendment was preceded by President Abraham Lincoln's Emancipation Proclamation, which came into effect on January 1, 1863, and declared that all enslaved people in Confederate-controlled areas were free. However, the Proclamation did not end slavery in the nation as it only applied to areas of the Confederacy in a state of rebellion, and not to the "border states" that remained in the Union. Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to truly abolish slavery.
The Thirteenth 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." This amendment provided a final constitutional solution to the issue of slavery in the United States.
Despite the Thirteenth Amendment's abolition of chattel slavery, it did not completely eradicate slavery in the United States. The amendment enabled slavery to be transformed into other forms that still have detrimental effects on Black people today. For example, the amendment's exception for punishment for a crime has been exploited, allowing slavery and involuntary servitude to persist in prisons.
Efforts are currently underway to address these issues and further eradicate slavery. In 2022, members of Congress reintroduced a constitutional amendment to end slavery in the United States. Additionally, states are driving initiatives to eliminate slavery through ballot measures, with voters in several states deciding to revise their constitutions to remove exceptions to the abolition of slavery.
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Involuntary servitude abolished
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude in 1865. The Amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by 27 out of 36 states on December 6, 1865. It was proclaimed on December 18, 1865, and was the first of three Reconstruction Amendments following the American Civil War.
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." This Amendment provided a final constitutional solution to the issue of slavery, which had been a contentious topic for decades.
While the Thirteenth Amendment abolished chattel slavery, where individuals are considered the personal property of another, it did not end all forms of slavery. The Amendment included an exception for slavery as a punishment for crime, which has been criticised as a loophole. This exception has allowed slavery to persist in certain states and contexts, and efforts are ongoing to remove this exception and truly abolish all forms of slavery.
The Thirteenth Amendment was a significant step towards expanding civil rights in the United States, and it played a crucial role in dismantling the institution of slavery. However, the ongoing existence of slavery in any form, even as criminal punishment, underscores the need for continued vigilance and action to uphold the principles of freedom and equality.
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The Fugitive Slave Clause
The text of the clause is as follows:
> 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.
Despite the Fugitive Slave Clause's constitutional authority, resistance to its enforcement in the North increased in the 19th century, particularly after the enactment of the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect free Black residents from kidnapping and provide procedural safeguards for accused fugitives. For example, Massachusetts prohibited state officials from assisting in fugitive slave renditions and banned the use of state facilities for holding alleged fugitives.
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The Corwin Amendment
The amendment read:
> No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
The actual Thirteenth Amendment, which prohibited slavery, was ratified in 1865. This amendment abolished slavery and involuntary servitude across the United States and in every territory under its control, except as punishment for a crime.
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