The Thirteenth Amendment (Amendment XIII) to the United States Constitution made slavery and involuntary servitude illegal, 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 the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18, 1865. It was the first of the three Reconstruction Amendments adopted following the American Civil War.
President Abraham Lincoln's Emancipation Proclamation, effective on January 1, 1863, declared that the enslaved in Confederate-controlled areas (and thus almost all slaves) were free. When they escaped to Union lines or federal forces (including now-former slaves) advanced south, emancipation occurred without any compensation to the former owners. Texas was the last Confederate slave state, where enforcement of the proclamation was declared on June 19, 1865. In the slave-owning areas controlled by Union forces on January 1, 1863, state action was used to abolish slavery. The exceptions were Kentucky and Delaware, where chattel slavery and indentured servitude were finally ended by the Thirteenth Amendment in December 1865.
In contrast to the other Reconstruction Amendments, the Thirteenth Amendment has rarely been cited in case law, but it has been used to strike down peonage and some race-based discrimination as "badges and incidents of slavery". The Thirteenth Amendment has also been invoked to empower Congress to make laws against modern forms of slavery, such as sex trafficking. It was the first amendment to directly govern private individuals instead of just the government.
From its inception in 1776, the United States was divided into states that allowed slavery and states that prohibited it. Slavery was implicitly recognized in the original Constitution in provisions such as the Three-fifths Compromise (Article I, Section 2, Clause 3), which provided that three-fifths of each state's enslaved population ("other persons") was to be added to its free population for the purposes of apportioning seats in the United States House of Representatives, its number of Electoral votes, and direct taxes among the states. The Fugitive Slave Clause (Article IV, Section 2, Clause 3) provided that slaves held under the laws of one state who escaped to another state did not become free, but remained slaves.
Though three million Confederate slaves were eventually freed as a result of Lincoln's Emancipation Proclamation, their postwar status was uncertain. To ensure that abolition was beyond legal challenge, an amendment to the Constitution to that effect was drafted. On April 8, 1864, the Senate passed an amendment to abolish slavery. After one unsuccessful vote and extensive legislative maneuvering by the Lincoln administration, the House followed suit on January 31, 1865. The measure was swiftly ratified by nearly all Northern states, along with a sufficient number of border states up to the assassination of President Lincoln. However, the approval came via his successor, President Andrew Johnson, who encouraged the "reconstructed" Southern states of Alabama, North Carolina, and Georgia to agree, which brought the count to 27 states, leading to its adoption before the end of 1865.
Though the Amendment abolished slavery throughout the United States, some black Americans, particularly in the South, were subjected to other forms of involuntary labor, such as under the Black Codes. They were also victims of white supremacist violence, selective enforcement of statutes, and other disabilities. Many such abuses were given cover by the Amendment's penal labor exception.
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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.
Slavery in the United States
Slavery existed and was legal in the United States of America upon its founding in 1776. It was established by European colonization in all of the original thirteen American colonies of British America. Prior to the Thirteenth Amendment, the United States Constitution did not expressly use the words slave or slavery but included several provisions about unfree persons. The Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, allocated Congressional representation based "on the whole Number of free Persons" and "three-fifths of all other Persons". This clause was a compromise between Southern politicians who wished for enslaved African-Americans to be counted as 'persons' for congressional representation and Northern politicians rejecting these out of concern of too much power for the South, because representation in the new Congress would be based on population in contrast to the one-vote-for-one-state principle in the earlier Continental Congress. Under the Fugitive Slave Clause, Article IV, Section 2, Clause 3, "No person held to Service or Labour in one State" would be freed by escaping to another. Article I, Section 9, Clause 1 allowed Congress to pass legislation outlawing the "Importation of Persons", which would not be passed until 1808. However, for purposes of the Fifth Amendment—which states that "No person shall ... be deprived of life, liberty, or property, without due process of law"—slaves were understood as property. Although abolitionists used the Fifth Amendment to argue against slavery, it became part of the legal basis in Dred Scott v. Sandford (1857) for treating slaves as property.
Stimulated by the philosophy of the Declaration of Independence, between 1777 and 1804 every Northern state provided for the immediate or gradual abolition of slavery. (Slavery was never legal in Vermont; it was prohibited in the 1777 constitution creating Vermont, to become the fourteenth state.) Most of the slaves who were emancipated by such legislation were household servants. No Southern state did so, and the enslaved population of the South continued to grow, peaking at almost four million in 1861. An abolitionist movement, headed by such figures as William Lloyd Garrison, Theodore Dwight Weld, and Angelina Grimké, grew in strength in the North, calling for the immediate end of slavery nationwide and exacerbating tensions between North and South. The American Colonization Society, an alliance between abolitionists who felt the "races" should be kept separated and slaveholders who feared the presence of freed blacks would encourage slave rebellions, called for the emigration of both free blacks and slaves to Africa, where they would establish independent colonies. Its views were endorsed by politicians such as Henry Clay, who feared that the American abolitionist movement would provoke a civil war. Proposals to eliminate slavery by constitutional amendment were introduced by Representative Arthur Livermore in 1818 and by John Quincy Adams in 1839, but failed to gain significant traction.
As the country continued to expand, the issue of slavery in its new territories became the dominant national issue. The senatorial votes of new states could break the deadlock in the Senate over slavery. The Southern position was that slaves were property and therefore could be moved to the territories like all other forms of property. The 1820 Missouri Compromise provided for the admission of Missouri as a slave state and Maine as a free state, preserving the Senate's equality between the regions. In 1846, the Wilmot Proviso was introduced to a war appropriations bill to ban slavery in all territories acquired in the Mexican–American War; the Proviso repeatedly passed the House, but not the Senate. The Compromise of 1850 temporarily defused the issue by admitting California as a free state, instituting a stronger Fugitive Slave Act, banning the slave trade in Washington, D.C., and allowing New Mexico and Utah self-determination on the slavery issue.
Despite the compromise, tensions between North and South continued to rise over the subsequent decade, inflamed by, among other things, the publication of the 1852 anti-slavery novel Uncle Tom's Cabin; fighting between pro-slavery and abolitionist forces in Kansas, beginning in 1854; the 1857 Dred Scott decision, which struck down the Missouri Compromise and provisions of the Compromise of 1850; abolitionist John Brown's 1859 attempt to start a slave revolt at Harpers Ferry; and the 1860 election of Abraham Lincoln, who opposed allowing slavery to expand into the Western territories, to the presidency. The Southern states seceded from the Union in the months following Lincoln's election, forming the Confederate States of America, and beginning the American Civil War.
Proposal and ratification
Crafting the amendment
Acting under presidential war powers, Lincoln issued the Emancipation Proclamation on September 22, 1862, with effect on January 1, 1863, which proclaimed the freedom of slaves in the ten states that were still in rebellion. In his State of the Union message to Congress on December 1, 1862, Lincoln also presented a plan for "gradual emancipation and deportation" of slaves. This plan envisioned three amendments to the Constitution. The first would have required the states to abolish slavery by January 1, 1900. Lincoln's Emancipation Proclamation then proceeded immediately freeing slaves in January 1863 but did not affect the status of slaves in the border states that had remained loyal to the Union. By December 1863, Lincoln again used his war powers and issued a "Proclamation for Amnesty and Reconstruction", which offered Southern states a chance to peacefully rejoin the Union if they immediately abolished slavery and collected loyalty oaths from 10% of their voting population. Southern states did not readily accept the deal, and the status of slavery remained uncertain.
In the final years of the Civil War, Union lawmakers debated various proposals for Reconstruction. Some of these called for a constitutional amendment to abolish slavery nationally and permanently. On December 14, 1863, a bill proposing such an amendment was introduced by Representative James Mitchell Ashley of Ohio. Representative James F. Wilson of Iowa soon followed with a similar proposal. On January 11, 1864, Senator John B. Henderson of Missouri submitted a joint resolution for a constitutional amendment abolishing slavery. The Senate Judiciary Committee, chaired by Lyman Trumbull of Illinois, became involved in merging different proposals for an amendment.
Radical Republicans led by Massachusetts Senator Charles Sumner and Pennsylvania Representative Thaddeus Stevens sought a more expansive version of the amendment. On February 8, 1864, Sumner submitted a constitutional amendment stating:
All persons are equal before the law, so that no person can hold another as a slave; and the Congress shall have power to make all laws necessary and proper to carry this declaration into effect everywhere in the United States.
Sumner tried to have his amendment sent to his committee, rather than the Judiciary Committee, controlled by Trumbull, but the Senate refused. On February 10, the Senate Judiciary Committee presented the Senate with an amendment proposal based on drafts of Ashley, Wilson and Henderson.
The committee's version used text from the Northwest Ordinance of 1787, which stipulates, "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted." Though using Henderson's proposed amendment as the basis for its new draft, the Judiciary Committee removed language that would have allowed a constitutional amendment to be adopted with only a majority vote in each House of Congress and ratification by two-thirds of the states (instead of two-thirds and three-fourths, respectively).
Passage by Congress
The Senate passed the amendment on April 8, 1864, by a vote of 38 to 6; two Democrats, Oregon Senators Benjamin F. Harding and James Nesmith voted for the amendment. However, just over two months later on June 15, the House failed to do so, with 93 in favor and 65 against, thirteen votes short of the two-thirds vote needed for passage; the vote split largely along party lines, with Republicans supporting and Democrats opposing. In the 1864 presidential race, former Free Soil Party candidate John C. Frémont threatened a third-party run opposing Lincoln, this time on a platform endorsing an anti-slavery amendment. The Republican Party platform had, as yet, failed to include a similar plank, though Lincoln endorsed the amendment in a letter accepting his nomination. Frémont withdrew from the race on September 22, 1864, and endorsed Lincoln.
With no Southern states represented, few members of Congress pushed moral and religious arguments in favor of slavery. Democrats who opposed the amendment generally made arguments based on federalism and states' rights. Some argued that the proposed change so violated the spirit of the Constitution it would not be a valid "amendment" but would instead constitute "revolution". Representative Chilton A. White, among other opponents, warned that the amendment would lead to full citizenship for blacks.
Republicans portrayed slavery as uncivilized and argued for abolition as a necessary step in national progress. Amendment supporters also argued that the slave system had negative effects on white people. These included the lower wages resulting from competition with forced labor, as well as repression of abolitionist whites in the South. Advocates said ending slavery would restore the First Amendment and other constitutional rights violated by censorship and intimidation in slave states.
Northern Republicans and some Democrats became excited about an abolition amendment, holding meetings and issuing resolutions. Many blacks though, particularly in the South, focused more on land ownership and education as the key to liberation. As slavery began to seem politically untenable, an array of Northern Democrats successively announced their support for the amendment, including Representative James Brooks, Senator Reverdy Johnson, and the powerful New York political machine known as Tammany Hall.
President Lincoln had had concerns that the Emancipation Proclamation of 1863 might be reversed or found invalid by the judiciary after the war. He saw constitutional amendment as a more permanent solution. He had remained outwardly neutral on the amendment because he considered it politically too dangerous. Nonetheless, Lincoln's 1864 election platform resolved to abolish slavery by constitutional amendment. After winning reelection in the election of 1864, Lincoln made the passage of the Thirteenth Amendment his top legislative priority. He began with his efforts in Congress during its "lame duck" session, in which many members of Congress had already seen their successors elected; most would be concerned about unemployment and lack of income, and none needed to fear the electoral consequences of cooperation. Popular support for the amendment mounted and Lincoln urged Congress on in his December 6, 1864 State of the Union Address: "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 instructed Secretary of State William H. Seward, Representative John B. Alley and others to procure votes by any means necessary, and they promised government posts and campaign contributions to outgoing Democrats willing to switch sides. Seward had a large fund for direct bribes. Ashley, who reintroduced the measure into the House, also lobbied several Democrats to vote in favor of the measure. Representative Thaddeus Stevens later commented that "the greatest measure of the nineteenth century was passed by corruption aided and abetted by the purest man in America"; however, Lincoln's precise role in making deals for votes remains unknown.
Republicans in Congress claimed a mandate for abolition, having gained in the elections for Senate and House. The 1864 Democratic vice-presidential nominee, Representative George H. Pendleton, led opposition to the measure. Republicans toned down their language of radical equality in order to broaden the amendment's coalition of supporters. In order to reassure critics worried that the amendment would tear apart the social fabric, some Republicans explicitly promised the amendment would leave broader American society's patriarchal traditions intact.
In mid-January 1865, Speaker of the House Schuyler Colfax estimated the amendment to be five votes short of passage. Ashley postponed the vote. At this point, Lincoln intensified his push for the amendment, making direct emotional appeals to particular members of Congress. On January 31, 1865, the House called another vote on the amendment, with neither side being certain of the outcome. With a total of 183 House members (one seat was vacant after Reuben Fenton was elected governor), 122 would have to vote "aye" to secure passage of the resolution; however, eight Democrats abstained, reducing the number to 117. Every Republican (84), Independent Republican (2), and Unconditional Unionist (16) supported the measure, as well as fourteen Democrats, almost all of them lame ducks, and three Unionists. The amendment finally passed by a vote of 119 to 56, narrowly reaching the required two-thirds majority. The House exploded into celebration, with some members openly weeping. Black onlookers, who had only been allowed to attend Congressional sessions since the previous year, cheered from the galleries.
While the Constitution does not provide the President any formal role in the amendment process, the joint resolution was sent to Lincoln for his signature. Under the usual signatures of the Speaker of the House and the President of the Senate, President Lincoln wrote the word "Approved" and added his signature to the joint resolution on February 1, 1865. On February 7, Congress passed a resolution affirming that the Presidential signature was unnecessary. The Thirteenth Amendment was the first of two ratified amendments to be signed by a President, the second being the Twenty-Sixth Amendment, the certification of which was signed by Richard Nixon on July 5, 1971, and with three 18-year-olds signing on as his witnesses, although James Buchanan had signed the Corwin Amendment that the 36th Congress had adopted and sent to the states in March 1861.
Ratification by the states
On February 1, 1865, when the proposed amendment was submitted to the states for ratification, there were 36 states in the U.S., including those that had been in rebellion; at least 27 states had to ratify the amendment for it to come into force. By the end of February, 18 states had ratified the amendment, Illinois being the first. Among them were the states of Virginia and Louisiana, states with large territories then held separately by the Union and the Confederacy. In these cases, it was the Union recognized legislatures, operating out of Alexandria, Virginia and New Orleans respectively, that ratified the amendment. These, along with subsequent ratifications from Arkansas and Tennessee raised the issues of how many seceded states had legally valid legislatures; and if there were fewer legislatures than states, if Article V required ratification by three-fourths of the states or three-fourths of the legally valid state legislatures. President Lincoln in his last speech, on April 11, 1865, called the question about whether the Southern states were in or out of the Union a "pernicious abstraction". He declared they were not "in their proper practical relation with the Union"; whence everyone's object should be to restore that relation. Lincoln was assassinated three days later.
With Congress out of session, the new president, Andrew Johnson, began a period known as "Presidential Reconstruction", in which he personally oversaw the creation of new state governments throughout the South. He oversaw the convening of state political conventions populated by delegates whom he deemed to be loyal. Three leading issues came before the conventions: secession itself, the abolition of slavery, and the Confederate war debt. Alabama, Florida, Georgia, Mississippi, North Carolina, and South Carolina held conventions in 1865, while Texas' convention did not organize until March 1866. Johnson hoped to prevent deliberation over whether to re-admit the Southern states by accomplishing full ratification before Congress reconvened in December. He believed he could silence those who wished to deny the Southern states their place in the Union by pointing to how essential their assent had been to the successful ratification of the Thirteenth Amendment.
Direct negotiations between state governments and the Johnson administration ensued. As the summer wore on, administration officials began giving assurances of the measure's limited scope with their demands for ratification. Johnson himself suggested directly to the governors of Mississippi and North Carolina that they could proactively control the allocation of rights to freedmen. Though Johnson obviously expected the freed people to enjoy at least some civil rights, including, as he specified, the right to testify in court, he wanted state lawmakers to know that the power to confer such rights would remain with the states. When South Carolina provisional governor Benjamin Franklin Perry objected to the scope of the amendment's enforcement clause, Secretary of State Seward responded by telegraph that in fact the second clause "is really restraining in its effect, instead of enlarging the powers of Congress". Politicians throughout the South were concerned that Congress might cite the amendment's enforcement powers as a way to authorize black suffrage.
When South Carolina ratified the Amendment in November 1865, it issued its own interpretive declaration that "any attempt by Congress toward legislating upon the political status of former slaves, or their civil relations, would be contrary to the Constitution of the United States." Alabama and Louisiana also declared that their ratification did not imply federal power to legislate on the status of former slaves. During the first week of December, North Carolina and Georgia gave the amendment the final votes needed for it to become part of the Constitution.
The first 27 states to ratify the Amendment were:
Illinois: February 1, 1865
Rhode Island: February 2, 1865
Michigan: February 3, 1865
Maryland: February 3, 1865
New York: February 3, 1865
Pennsylvania: February 3, 1865
West Virginia: February 3, 1865
Missouri: February 6, 1865
Maine: February 7, 1865
Kansas: February 7, 1865
Massachusetts: February 7, 1865
Virginia: February 9, 1865
Ohio: February 10, 1865
Indiana: February 13, 1865
Nevada: February 16, 1865
Louisiana: February 17, 1865
Minnesota: February 23, 1865
Wisconsin: February 24, 1865
Vermont: March 9, 1865
Tennessee: April 7, 1865
Arkansas: April 14, 1865
Connecticut: May 4, 1865