Omar Bennett
The 13th Amendment, ratified in 1865, is the part of the US Constitution that officially outlawed slavery. The 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. This amendment was a significant turning point in American history, as it marked the end of a long and contentious debate over slavery and its place in the nation. Despite the absence of the word slave in the Constitution, slavery was implicitly protected and even strengthened by certain provisions, such as the Three-Fifths Compromise, which allocated Congressional representation based on a state's population of free persons and three-fifths of all other persons.
| Characteristics | Values |
|---|---|
| Date of Ratification | December 6, 1865 |
| Amendment | 13th Amendment |
| Ratification by States | 27 of the 36 states |
| Proclamation | Emancipation Proclamation |
| Proclamation Issued by | Abraham Lincoln |
| Proclamation Date | January 1, 1863 |
| Proclamation Text | "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." |
| Amendment 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." |
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What You'll Learn
The 13th Amendment
The ratification of the 13th Amendment signalled a pivotal moment in the nation's history, marking the official end of slavery as a legal institution within the United States. This amendment carried immense symbolic and practical significance, serving as a declaration of freedom and equality for those who had endured the horrors of slavery. It also represented a step towards reconciliation and political equality between the former Confederate states and the rest of the Union. The New York Tribune captured the sentiment of the time, proclaiming, "We are certain, then, that slavery in the land is dead in the law and letter beyond hope of resurrection..."
However, it is important to note that the amendment's impact extended beyond the legal realm. The 13th Amendment empowered Congress to address the "badges and incidents of slavery," as recognised by the Supreme Court in the Civil Rights Cases of 1883. This interpretation provided a mandate for Congress to tackle the enduring consequences of slavery and combat racial discrimination. Nevertheless, the implementation of the amendment faced challenges, and it did not immediately eradicate all forms of involuntary labour or racial injustice.
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The Emancipation Proclamation
The US Constitution did not outlaw slavery. In fact, it received important protections in the Constitution. The Three-Fifths Clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years and required the return of runaway slaves to their owners.
The Proclamation had the effect of changing 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. In addition, the Proclamation allowed for former slaves to "be received into the armed service of the United States". By the end of the war, almost 200,000 Black soldiers and sailors had fought for the Union and freedom.
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Fugitive Slave Act
The 13th Amendment, which was ratified on December 6, 1865, officially outlawed slavery in the United States. However, the road to abolishing slavery was long and arduous, and the country had to endure several pivotal moments, including the Fugitive Slave Act, which played a significant role in shaping the nation's history.
The Fugitive Slave Act, enacted in 1793, was a federal law designed to uphold Article 4, Section 2, Clause 3 of the United States Constitution. This clause, known as the Fugitive Slave Clause, mandated the return of escaped slaves to their owners. The Act sought to compel authorities in free states to return fugitives to their enslavers, but it faced resistance from many of those states. Some jurisdictions enacted personal liberty laws, requiring jury trials before alleged fugitive slaves could be moved, while others prohibited the use of local jails or state officials in the arrest or repatriation of alleged fugitives.
The effectiveness of the 1793 Fugitive Slave Act was further diminished by the United States Supreme Court's ruling in Prigg v. Pennsylvania in 1842. The Court held that states were not obligated to assist in the pursuit or recapture of escaped slaves, significantly weakening the law's enforcement. This ruling, coupled with the defiance of discriminatory laws by some white individuals and the presence of supportive Quaker communities, led to a significant increase in the Black population of Cass County, Michigan. The county became a haven for free and escaping Blacks, drawing the attention of Southern slavers. Raids into Cass County by planters from Kentucky in 1847 and 1849 to recapture escaped slaves failed, but they intensified Southern demands for a stronger fugitive slave law.
In response to the weakening of the original Fugitive Slave Act, Democratic Senator James M. Mason of Virginia drafted a new version of the law, which was passed on September 18, 1850, as part of the Compromise of 1850. This updated Fugitive Slave Act imposed fines on officials who failed to arrest individuals allegedly escaping from slavery, making them liable for up to $1,000 (approximately $37,800 in 2024 value). Law enforcement officers across the nation were required to detain suspected runaway slaves based solely on a claimant's sworn statement of ownership, and the right to habeas corpus was disregarded. The Act also stipulated that commissioners who oversaw hearings for alleged fugitives would receive a $10 compensation ($380 in 2024) if they determined the individual to be a proven fugitive, and $5 ($190 in 2024) if they found the evidence insufficient.
The Fugitive Slave Act of 1850 proved to be highly controversial, exacerbating Northern fears of a slave power conspiracy and contributing to the country's growing polarization over slavery. It adversely affected the prospects of escape from slavery, particularly in states close to the North, and led to the kidnapping and forced conscription of free Blacks into slavery. The Act's impact was significant, with studies indicating that it increased the prices of enslaved people in border states by 15% to 30% more than in states further south.
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The Three-Fifths Compromise
The Southern, slaveholding states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress. On the other hand, the Free States wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. The Free States delegates sought to make representation dependent on the size of a state's free population. The Southern delegates, on the other hand, threatened to abandon the convention if enslaved individuals were not counted.
A compromise was struck to resolve this impasse. The Three-Fifths Compromise, proposed by delegate James Wilson and seconded by Charles Pinckney, counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This gave the Southern states more power in the House relative to the Northern states. This same ratio was to be 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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The Civil War
The conflict boiled over in 1860 when South Carolina seceded, followed by several other Southern states, and the Civil War began. On January 1st, 1863, Abraham Lincoln issued an executive order known as the Emancipation Proclamation, which declared that all slaves in the Southern territory were now free. This was followed by the 13th Amendment, which was passed by the Senate on April 8, 1864, and by the House on January 31, 1865. The 13th Amendment officially abolished slavery in the United States, stating 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 ratified on December 6, 1865, when Georgia became the 27th state to approve it. The public reaction was strong, with many celebrating the end of slavery and the reunification of the country. However, some saw the 13th Amendment as a signal that the former Confederate states would rejoin the Union as equal political participants. Despite the official abolition of slavery, Black Americans, particularly in the South, continued to face discrimination and were subjected to involuntary labour under the Black Codes.
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Frequently asked questions
The 13th Amendment, which was ratified on December 6, 1865, outlawed slavery in the US.
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."
Before the 13th Amendment, slavery was implicitly protected by the Constitution. For example, the Three-Fifths Compromise gave Southern states extra representation in the House of Representatives and extra votes in the Electoral College.
While the 13th Amendment abolished slavery, Black Americans, particularly in the South, continued to face involuntary labor and other forms of oppression, such as the Black Codes. The Supreme Court also ruled that the 13th Amendment did not ban most forms of racial discrimination by non-government actors.
