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Thirteenth Amendment to the United States Constitution

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Thirteenth Amendment to the United States Constitution
constitutional amendment
Year dem found am1865 Edit
CountryUnited States Edit
Dey apply to jurisdictionUnited States Edit
Part of the serieslist of amendments to the United States Constitution Edit
Main subjectslavery in the United States Edit
Has causeAmerican Civil War Edit
Prohibitsslavery Edit

De Thirteenth Amendment (Amendment XIII) to de United States Constitution dem abolish slavery den involuntary servitude, except as punishment for a crime. Na dem pass de amendment by de Senate on April 8, 1864, by de House of Representatives on January 31, 1865, wey be ratified by de required 27 of de then 36 states on December 6, 1865, wey na dem proclaim on December 18. N e be de first of de three Reconstruction Amendments dem adopt dey follow de American Civil War.

Na Presido Abraham Lincoln ein Emancipation Proclamation, effective on January 1, 1863, na dem declare dat de enslaved insyd Confederate-controlled areas (den thus almost all slaves) be free. Wen na dem escape to Union lines anaa federal forces (wey dey include now-former slaves) dem advance south, na emancipation occur widout any compensation to de former owners. Na Texas be de last Confederate slave state, wer na enforcement of de proclamation dem declare on June 19, 1865. Insyd de slave-owning areas wey be controlled by Union forces on January 1, 1863, na dem use state action take abolish slavery. Na de exceptions be Kentucky den Delaware, den to a limited extent New Jersey, wer na chattel slavery den indentured servitude be finally ended by de Thirteenth Amendment insyd December 1865.

Insyd contrast to de other Reconstruction Amendments, de Thirteenth Amendment has rarely been cited insyd case law, but it has been used to strike down peonage den some race-based discrimination as "badges and incidents of slavery". De Thirteenth Amendment has sana been invoked to empower Congress to make laws against modern forms of slavery, such as sex trafficking. From its inception insyd 1776, de United States was divided into states dat allowed slavery den states dat prohibited it. Na Slavery be implicitly recognized insyd de original Constitution insyd provisions such as de Three-fifths Compromise (Article I, Section 2, Clause 3), which provided dat three-fifths of each state's enslaved population ("other persons") be to be added to its free population for de purposes of apportioning seats insyd de United States House of Representatives, its number of Electoral votes, den direct taxes among de states. De Fugitive Slave Clause (Article IV, Section 2, Clause 3) provided dat slaves held under de 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 be uncertain. To ensure dat abolition be beyond legal challenge, an amendment to de Constitution to dat effect was drafted. On April 8, 1864, de Senate passed an amendment to abolish slavery. After one unsuccessful vote den extensive legislative maneuvering by de Lincoln administration, de House followed suit on January 31, 1865. De measure was swiftly ratified by nearly all Northern states, along plus a sufficient number of border states up to de assassination of President Lincoln. However, de approval come via ein successor, President Andrew Johnson, who encouraged the "reconstructed" Southern states of Alabama, North Carolina, den Georgia to agree, which brought de count to 27 states, leading to its adoption before de end of 1865.

Though de Amendment abolish slavery throughout de United States, some black Americans, particularly insyd de South, were subjected to oda forms of involuntary labor, such as under de Black Codes. Na they sana be victims of white supremacist violence, selective enforcement of statutes, den oda disabilities. Many such abuses were given cover by de Amendment's penal labor exception.

Text

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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.[1]

Slavery insyd de United States

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Na Slavery exist den be legal insyd de United States of America upon ein founding insyd 1776. Na e be establish by European colonization insyd all of de original thirteen American colonies of British America. Prior to de Thirteenth Amendment, de United States Constitution do not expressly use de words slave or slavery but included several provisions about unfree persons. De Three-Fifths Compromise, Article I, Section 2, Clause 3 of de Constitution, allocated Congressional representation based "on de whole Number of free Persons" den "three-fifths of all oda Persons". Na dis clause be a compromise between Southern politicians who wished for enslaved African-Americans to be counted as 'persons' for congressional representation den Northern politicians rejecting these out of concern of too much power for de South, because representation insyd de new Congress would be based on population insyd contrast to de one-vote-for-one-state principle insyd de earlier Continental Congress.[2] Under de Fugitive Slave Clause, Article IV, Section 2, Clause 3, "No person held to Service or Labour insyd one State" would be freed by escaping to anoda. Article I, Section 9, Clause 1 allowed Congress to pass legislation outlawing de "Importation of Persons", which would not be passed until 1808. However, for purposes of de Fifth Amendment—which states dat "No person shall ... be deprived of life, liberty, or property, without due process of law"—slaves understand as property.[3] Na although abolitionists use de Fifth Amendment to argue against slavery, e become part of de legal basis insyd Dred Scott v. Sandford (1857) for treating slaves as property.[4]

Stimulated by de philosophy of de Declaration of Independence, between 1777 den 1804 every Northern state provided for de immediate or gradual abolition of slavery. (Slavery was never legal in Vermont; na e be prohibited insyd de 1777 constitution creating Vermont, to become de fourteenth state.) Most of de slaves who were emancipated by such legislation be household servants. No Southern state do so, den de enslaved population of de South continue to grow, peaking at almost four million in 1861. An abolitionist movement, headed by such figures as William Lloyd Garrison, Theodore Dwight Weld, den Angelina Grimké, grow insyd strength insyd de North, calling for de immediate end of slavery nationwide and exacerbating tensions between North den South. De American Colonization Society, an alliance between abolitionists who felt de "races" should be kept separated den slaveholders who feared de presence of freed blacks will encourage slave rebellions, called for de emigration of both free blacks den slaves to Africa, where they would establish independent colonies. Na ein views be endorsed by politicians such as Henry Clay, who feared dat de American abolitionist movement would provoke a civil war.[5] Proposals to eliminate slavery by constitutional amendment be introduced by Representative Arthur Livermore insyd 1818 den by John Quincy Adams insyd 1839, but failed to gain significant traction.[6]

As de country continue to expand, de issue of slavery inside ein new territories became de dominant national issue. De senatorial votes of new states could break de deadlock insyd de Senate over slavery. Na de Southern position be dat slaves be property den therefore can be moved to de territories like all oda forms of property.[7] De 1820 Missouri Compromise provided for de admission of Missouri as a slave state den Maine as a free state, preserving de Senate's equality between de regions. Insyd 1846, de Wilmot Proviso be introduced to a war appropriations bill to ban slavery insyd all territories acquired insyd de Mexican–American War; de Proviso repeatedly passed de House, buh no be de Senate.[7] The Compromise of 1850 temporarily defused de issue by admitting California as a free state, instituting a stronger Fugitive Slave Act, banning de slave trade insyd Washington, D.C., den allowing New Mexico den Utah self-determination on de slavery issue.[8]

Despite de compromise, tensions between North den South continue to rise over de subsequent decade, inflamed by, among oda things, de publication of de 1852 anti-slavery novel Uncle Tom's Cabin; fighting between pro-slavery den abolitionist forces insyd Kansas, beginning insyd 1854; de 1857 Dred Scott decision, wey dey struck down de Missouri Compromise den provisions of de Compromise of 1850; abolitionist John Brown's 1859 attempt to start a slave revolt at Harpers Ferry; den de 1860 election of Abraham Lincoln, who opposed allowing slavery to expand into de Western territories, to de presidency. De Southern states seceded from de Union insyd de months following Lincoln ein election, forming de Confederate States of America, wey na e begin de American Civil War.[9]

Proposal den ratification

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Crafting de amendment

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Acting under presidential war powers, Lincoln issue de Emancipation Proclamation on September 22, 1862, plus effect on January 1, 1863, which proclaimed de freedom of slaves insyd de ten states dat e be still inyd rebellion.[10] Insyd ein State of de Union message to Congress on December 1, 1862, Lincoln sanso presented a plan for "gradual emancipation den deportation" of slaves. Dis plan envisioned three amendments to de Constitution. De first would have required de states to abolish slavery by January 1, 1900.[11] Lincoln ein Emancipation Proclamation then proceeded immediately freeing slaves insyd January 1863 but do not affect de status of slaves insyd de border states dat had remained loyal to de Union.[12] By December 1863, Lincoln again used ein war powers den issued a "Proclamation for Amnesty den Reconstruction", which offered Southern states a chance to peacefully rejoin de Union if they immediately abolished slavery den collected loyalty oaths from 10% of dema voting population.[13] Na Southern states no readily accept de deal, den de status of slavery remained uncertain.

Insyd de final years of de Civil War, Union lawmakers debated various proposals for Reconstruction.[14] Some of these called for a constitutional amendment to abolish slavery nationally den permanently. On December 14, 1863, a bill proposing such an amendment be introduced by Representative James Mitchell Ashley of Ohio.[15][16] Representative James F. Wilson of Iowa soon followed plus a similar proposal. On January 11, 1864, Senator John B. Henderson of Missouri submitted a joint resolution for a constitutional amendment abolishing slavery. De Senate Judiciary Committee, chaired by Lyman Trumbull of Illinois, become involved insyd merging different proposals for an amendment.

Radical Republicans led by Massachusetts Senator Charles Sumner den Pennsylvania Representative Thaddeus Stevens sought a more expansive version of de amendment.[17] On February 8, 1864, Sumner submitted a constitutional amendment stating:

All persons be equal before de law, so dat no person can hold another as a slave; den de Congress shall have power to make all laws necessary den proper to carry dis declaration into effect everywhere insyd de United States.[18][19]

Sumner tried to have ein amendment sent to ein committee, rather than de Judiciary Committee, controlled by Trumbull, but de Senate refused.[20] On February 10, de Senate Judiciary Committee presented de Senate plus an amendment proposal based on drafts of Ashley, Wilson den Henderson.[21][22]

De committee ein version use text from de Northwest Ordinance of 1787, which stipulates, "There shall be neither slavery nor involuntary servitude insyd de said territory, otherwise than insyd de punishment of crimes whereof de party shall have been duly convicted."[23][24] Though using Henderson ein proposed amendment as de basis for ein new draft, de Judiciary Committee removed language dat would have allowed a constitutional amendment to be adopted plus only a majority vote insyd each House of Congress den ratification by two-thirds of de states (instead of two-thirds den three-fourths, respectively).[25]

Passage by Congress

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De Senate passed de amendment on April 8, 1864, by a vote of 38 to 6; two Democrats, Oregon Senators Benjamin F Harding den James Nesmith voted for de amendment.[26] However, just over two months later on June 15, de House failed to do so, plus 93 insyd favor den 65 against, thirteen votes short of de two-thirds vote needed for passage; de vote split largely along party lines, plus Republicans supporting den Democrats opposing.[27] Insyd de 1864 presidential race, former Free Soil Party candidate John C. Frémont threatened a third-party run opposing Lincoln, dis time on a platform endorsing an anti-slavery amendment. De Republican Party platform had, as yet, failed to include a similar plank, though Lincoln endorsed de amendment insyd a letter accepting ein nomination.[28][29] Frémont withdrew from de race on September 22, 1864, den endorsed Lincoln.[30]

Plus no Southern states represented, few members of Congress pushed moral den religious arguments insyd favor of slavery. Democrats who opposed de amendment generally made arguments based on federalism den states' rights.[31] Some argued dat de proposed change so violated de spirit of de Constitution it will not be a valid "amendment" but will instead constitute "revolution".[32] Representative Chilton A. White, among oda opponents, warned dat de amendment would lead to full citizenship for blacks.[33]

Republicans portrayed slavery as uncivilized den argued for abolition as a necessary step insyd national progress.[34] Amendment supporters sana argue dat de slave system dey have negative effects on white people. These include de lower wages resulting from competition plus forced labor, as well as repression of abolitionist whites insyd de South. Advocates say ending slavery will restore de First Amendment den oda constitutional rights violated by censorship den intimidation insyd slave states.[33][35]

White, Northern Republicans den some Democrats become excited about an abolition amendment, holding meetings den issuing resolutions.[36] Many blacks though, particularly insyd de South, focus more on land ownership den education as de key to liberation.[37] As slavery began to seem politically untenable, an array of Northern Democrats successively announced their support for de amendment, include Representative James Brooks,[38] Senator Reverdy Johnson,[39] den de powerful New York political machine known as Tammany Hall.

Na President Lincoln get concerns dat de Emancipation Proclamation of 1863 might be reversed or found invalid by de judiciary after de war.[40] He see constitutional amendment as a more permanent solution.[41][42] He had remained outwardly neutral on de amendment because he consider am politically too dangerous.[43] Nonetheless, Lincoln ein 1864 election platform resolved to abolish slavery by constitutional amendment.[44][45] After winning reelection insyd de election of 1864, Lincoln make de passage of de Thirteenth Amendment ein top legislative priority. He begin plus ein efforts insyd Congress during ein "lame duck" session, insyd which many members of Congress had already seen their successors dey elect; most will be concerned about unemployment den lack of income, den none dey need to fear de electoral consequences of cooperation.[46][47] Popular support for de amendment mounted den Lincoln urged Congress on insyd ein December 6, 1864 State of de 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?"[48]

Na Lincoln instruct Secretary of State William H. Seward, Representative John B. Alley den odas to procure votes by any means necessary, den they promised government posts den campaign contributions to outgoing Democrats willing to switch sides.[49][50] Seward had a large fund for direct bribes. Ashley, who reintroduced de measure into de House, sana lobbied several Democrats to vote insyd favor of de measure.[51] Representative Thaddeus Stevens later commented dat "the greatest measure of the nineteenth century was passed by corruption aided and abetted by the purest man in America"; however, Lincoln ein precise role insyd making deals for votes remains unknown.[52]

Republicans insyd Congress claim a mandate for abolition, having gained insyd de elections for Senate den House.[53] De 1864 Democratic vice-presidential nominee, Representative George H. Pendleton, dey lead opposition to de measure.[54] Republicans toned down their language of radical equality insyd oda to broaden de amendment ein coalition of supporters.[55] Insyd oda to reassure critics worried dat de amendment will tear apart de social fabric, some Republicans explicitly promised de amendment will leave broader American society ein patriarchal traditions intact.[56]

Insyd mid-January 1865, Speaker of de House Schuyler Colfax dey estimate de amendment to be five votes short of passage. Ashley postponed de vote.[57] At dis point, Lincoln dey intensify ein push for de amendment, making direct emotional appeals to particular members of Congress.[58] On January 31, 1865, de House called another vote on de amendment, plus neither side being certain of de outcome. Plus a total of 183 House members (one seat was vacant after Reuben Fenton be elected governor), 122 would have to vote "aye" to secure passage of de resolution; however, eight Democrats abstained, reducing the number to 117. Every Republican (84), Independent Republican (2), den Unconditional Unionist (16) supported the measure, as well as fourteen Democrats, almost all of them lame ducks, den three Unionists. De amendment finally passed by a vote of 119 to 56,[59] narrowly reaching de required two-thirds majority.[60] De House exploded into celebration, plus some members openly weeping.[61] Black onlookers, who had only been allowed to attend Congressional sessions since de previous year, cheered from de galleries.[62]

While de Constitution do not provide de President any formal role insyd de amendment process, de joint resolution was sent to Lincoln for ein signature.[63] Under de usual signatures of de Speaker of de House den de President of de Senate, President Lincoln wrote de word "Approved" den added ein signature to de joint resolution on February 1, 1865.[64] On February 7, Congress passed a resolution affirming dat de Presidential signature be unnecessary.[65] De Thirteenth Amendment was the first of two ratified amendments to be signed by a President, the second being the Twenty-Sixth Amendment, de certification of which be signed by Richard Nixon on de 5th of July 1971[66] den plus three 18-year-olds signing on as ein witnesses,[67] although James Buchanan had signed de Corwin Amendment dat de 36th Congress had adopted den sent to de states insyd March 1861.[68][69]

Ratification by de states

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On February 1, 1865, when de proposed amendment be submitted to de states for ratification, there were 36 states insyd de U.S., wey include those dat had been insyd rebellion; at least 27 states had to ratify de amendment for it to come into force. By de end of February, 18 states had ratified de amendment. Among them were de ex-Confederate states of Virginia den Louisiana, where ratifications were submitted by Reconstruction governments. These, along plus subsequent ratifications from Arkansas den Tennessee raise de issues of how many seceded states had legally valid legislatures;[70] if there were fewer legislatures than states, if Article V required ratification by three-fourths of de states or three-fourths of de legally valid state legislatures. President Lincoln insyd ein last speech, on April 11, 1865, called de question about whether de Southern states were insyd or out of de Union a "pernicious abstraction". He declared they were not "insyd their proper practical relation plus de Union"; whence everyone ein object should be to restore dat relation.[71] Na dem assassinate Lincoln three days later.

Plus Congress out of session, de new president, Andrew Johnson, began a period known as "Presidential Reconstruction", insyd which he personally oversaw de creation of new state governments throughout de South. He oversee de convening of state political conventions populated by delegates whom he deemed to be loyal. Three leading issues come before de conventions: secession itself, de abolition of slavery, den de 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.[72][73][74] Johnson hoped to prevent deliberation over whether to re-admit de Southern states by accomplishing full ratification before Congress reconvened insyd December. He believed he could silence those who wished to deny de Southern states their place insyd de Union by pointing to how essential their assent had been to de successful ratification of de Thirteenth Amendment.[75]

Direct negotiations between state governments den de Johnson administration ensued. As de summer wear on, administration officials begin giving assurances of de measure ein limited scope their demands for ratification. Johnson einself suggest directly to de governors of Mississippi den North Carolina dat they could proactively control de allocation of rights to freedmen. Though Johnson obviously expected de freed people to enjoy at least some civil rights, include, as he specified, de right to testify insyd court, he want state lawmakers to know dat de power to confer such rights would remain plus de states.[76] When South Carolina provisional governor Benjamin Franklin Perry objected to de scope of de amendment ein enforcement clause, Secretary of State Seward responded by telegraph dat insyd fact de second clause "be really restraining insyd ein effect, instead of enlarging de powers of Congress".[76] Politicians throughout de South were concerned dat Congress might cite de amendment ein enforcement powers as a way to authorize black suffrage.[77]

When South Carolina ratified de Amendment insyd November 1865, it issued ein own interpretive declaration dat "any attempt by Congress toward legislating upon de political status of former slaves, or their civil relations, would be contrary to de Constitution of de United States."[24][78] Alabama den Louisiana sana declare dat their ratification did not imply federal power to legislate on de status of former slaves.[24][79] During de first week of December, North Carolina den Georgia give de amendment de final votes needed for it to become part of de Constitution.

Na de first 27 states make dem ratify de Amendment be:[80]

  1. Illinois: February 1, 1865
  2. Rhode Island: February 2, 1865
  3. Michigan: February 3, 1865
  4. Maryland: February 3, 1865
  5. New York: February 3, 1865
  6. Pennsylvania: February 3, 1865
  7. West Virginia: February 3, 1865
  8. Missouri: February 6, 1865
  9. Maine: February 7, 1865
  10. Kansas: February 7, 1865
  11. Massachusetts: February 7, 1865
  12. Virginia: February 9, 1865
  13. Ohio: February 10, 1865
  14. Indiana: February 13, 1865
  15. Nevada: February 16, 1865
  16. Louisiana: February 17, 1865
  17. Minnesota: February 23, 1865
  18. Wisconsin: February 24, 1865
  19. Vermont: March 9, 1865
  20. Tennessee: April 7, 1865
  21. Arkansas: April 14, 1865
  22. Connecticut: May 4, 1865
  23. New Hampshire: July 1, 1865
  24. South Carolina: November 13, 1865
  25. Alabama: December 2, 1865
  26. North Carolina: December 4, 1865
  27. Georgia: December 6, 1865

Having been ratified by de legislatures of three-fourths of de states (27 of de 36 states, include those dat had been insyd rebellion), Secretary of State Seward, on December 18, 1865, certified dat de Thirteenth Amendment had become valid, to all intents den purposes, as a part of de Constitution.[81] Included on de enrolled list of ratifying states were de three ex-Confederate states dat had given their assent, but plus strings attached. Seward accepted their affirmative votes den brushed aside their interpretive declarations without comment, challenge or acknowledgment.

De Thirteenth Amendment be subsequently ratified by de other states, as follows:[80]

  1. Oregon: December 8, 1865
  2. California: December 19, 1865
  3. Florida: December 28, 1865 (reaffirmed June 9, 1868)
  4. Iowa: January 15, 1866
  5. New Jersey: January 23, 1866 (after rejection March 16, 1865)
  6. Texas: February 18, 1870
  7. Delaware: February 12, 1901 (after rejection February 8, 1865)
  8. Kentucky: March 18, 1976[82] (after rejection February 24, 1865)
  9. Mississippi: March 16, 1995 (after rejection December 5, 1865; not certified until February 7,2013)[83]

Plus de ratification by Mississippi insyd 1995, den certification thereof insyd 2013, de amendment be finally ratified by all states having existed at de time of ein adoption insyd 1865.

Effects

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Freeing slaves

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De immediate impact of de amendment was to make de entire pre-war system of chattel slavery insyd de U.S. illegal.[84] De impact of the abolition of slavery was felt quickly. When de Thirteenth Amendment became operational, de scope of Lincoln ein 1863 Emancipation Proclamation was widened to include de entire nation. Although de majority of Kentucky ein slaves had been emancipated, 65,000–100,000 people remain to be legally freed when de amendment went into effect on December 18.[85][86] Insyd Delaware, where a large number of slaves had escaped during de war, nine hundred people become legally free.[86][87]

References

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  1. ↑ "13th Amendment". Legal Information Institute. Cornell University Law School. November 20, 2012. Archived from the original on November 24, 2009. Retrieved November 30, 2012.
  2. ↑ Allain, 2012, pp. 116-117
  3. ↑ Allain, 2012, pp. 119–120
  4. ↑ Tsesis, The Thirteenth Amendment and American Freedom (2004), p. 14.
  5. ↑ Foner, 2010, pp. 20–22
  6. ↑ Vile, John R., ed. (2003). "Thirteenth Amendment". Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues: 1789–2002. ABC-CLIO. pp. 449–52.
  7. ↑ 7.0 7.1 Goodwin, 2005, p. 123
  8. ↑ Foner, 2010, p. 59
  9. ↑ "The Gathering Storm: The Secession Crisis". American Battlefield Trust. April 4, 2017. Archived from the original on December 17, 2021. Retrieved July 4, 2020.
  10. ↑ "The Emancipation Proclamation". National Archives and Records Administration. Archived from the original on June 7, 2007. Retrieved 2013-06-27.
  11. ↑ Lind, Michael, What Lincoln believed. The Values and Convictions of America's Greatest President (2004). Anchor Books, a division of Random House, Inc. New York ISBN 1-4000-3073-0, 978-1-4000-3073-6. Chapter Six Race and Restoration, pp. 205–212.
  12. ↑ McPherson, 1988, p. 558
  13. ↑ Vorenberg, Final Freedom (2001), p. 47.
  14. ↑ Vorenberg, Final Freedom (2001), p. 48–51.
  15. ↑ Leonard L. Richards, Who Freed the Slaves?: The Fight over the Thirteenth Amendment (2015) excerpt Archived May 4, 2016, at the Wayback Machine
  16. ↑ "James Ashley". Ohio History Central. Ohio Historical Society. Archived from the original on March 5, 2013. Retrieved December 5, 2012.
  17. ↑ Tsesis, The Thirteenth Amendment and American Freedom (2004), (2001), pp. 38–42.
  18. ↑ Stanley, "Instead of Waiting for the Thirteenth Amendment" (2010), pp. 741–742.
  19. ↑ Michigan State Historical Society (1901). Historical collections. Michigan Historical Commission. p. 582. Retrieved December 5, 2012.
  20. ↑ Vorenberg, Final Freedom (2001), pp. 52–53. "Sumner made his intentions clearer on February 8, when he introduced his constitutional amendment to the Senate and asked that it be referred to his new committee. So desperate was he to make his amendment the final version that he challenged the well-accepted custom of sending proposed amendments to the Judiciary Committee. His Republican colleagues would hear nothing of it.
  21. ↑ "13th Amendment Site". 13thamendment.harpweek.com. Retrieved 2025-06-03.
  22. ↑ Vorenberg, Final Freedom (2001), p. 53. "It was no coincidence that Trumbull's announcement came only two days after Sumner had proposed his amendment making all persons 'equal before the law'. The Massachusetts senator had spurred the committee into final action."
  23. ↑ "Northwest Ordinance; July 13, 1787". Avalon Project. Lillian Goldman Law Library, Yale Law School. Archived from the original on August 10, 2011. Retrieved February 17, 2014.
  24. ↑ 24.0 24.1 24.2 McAward, Jennifer Mason (November 2012). "McCulloch and the Thirteenth Amendment". Columbia Law Review. 112 (7). Columbia Law School: 1769–1809. JSTOR 41708164. Archived from the original on November 17, 2015. Pdf.
  25. ↑ Vorenberg, Final Freedom (2001), p. 54. "Although it made Henderson's amendment the foundation of the final amendment, the committee rejected an article in Henderson's version that allowed the amendment to be adopted by the approval of only a simple majority in Congress and the ratification of only two-thirds of the states."
  26. ↑ "Voteview | Plot Vote: 38th Congress > Senate > 134". voteview.com. Archived from the original on November 26, 2022. Retrieved 2023-01-07.
  27. ↑ Goodwin, 2005, p. 686
  28. ↑ Goodwin, 2005, pp. 624–625
  29. ↑ Foner, 2010, p. 299
  30. ↑ Goodwin, 2005, p. 639
  31. ↑ Benedict, "Constitutional Politics, Constitutional Law, and the Thirteenth Amendment" (2012), p. 179.
  32. ↑ Benedict, "Constitutional Politics, Constitutional Law, and the Thirteenth Amendment" (2012), pp. 179–180. Benedict quotes Senator Garrett Davis: "there is a boundary between the power of revolution and the power of amendment, which the latter, as established in our Constitution, cannot pass; and that if the proposed change is revolutionary it would be null and void, notwithstanding it might be formally adopted." The full text of Davis's speech, with comments from others, appears in Great Debates in American History (1918), ed. Marion Mills Miller.
  33. ↑ 33.0 33.1 Colbert, "Liberating the Thirteenth Amendment" (1995), pp. 10–11.
  34. ↑ Benedict, "Constitutional Politics, Constitutional Law, and the Thirteenth Amendment" (2012), p. 182.
  35. ↑ tenBroek, Jacobus (June 1951). "Thirteenth Amendment to the Constitution of the United States: Consummation to Abolition and Key to the Fourteenth Amendment". California Law Review. 39 (2): 180. doi:10.2307/3478033. JSTOR 3478033. It would make it possible for white citizens to exercise their constitutional right under the comity clause to reside in Southern states regardless of their opinions. It would carry out the constitutional declaration "that each citizen of the United States shall have equal privileges in every other state". It would protect citizens in their rights under the First Amendment and comity clause to freedom of speech, freedom of the press, freedom of religion and freedom of assembly
  36. ↑ Vorenberg, Final Freedom (2001), p. 61.
  37. ↑ Trelease, White Terror (1971), p. xvii. "Negroes wanted the same freedom that white men enjoyed, with equal prerogatives and opportunities. The educated black minority emphasized civil and political rights more than the masses, who called most of all for land and schools. In an agrarian society, the only kind most of them knew, landownership was associated with freedom, respectability, and the good life. It was almost universally desired by Southern blacks, as it was by landless peasants the world over. Give us our land and we can take care of ourselves, said a group of South Carolina Negroes to a Northern journalist in 1865; without land the old masters can hire us or starve us as they please."
  38. ↑ Vorenberg, Final Freedom (2001), p. 73. "The first notable convert was Representative James Brooks of New York, who, on the floor of Congress on February 18, 1864, declared that slavery was dying if not already dead, and that his party should stop defending the institution."
  39. ↑ Vorenberg, Final Freedom (2001), p. 74. "The antislavery amendment caught Johnson's eye, however, because it offered an indisputable constitutional solution to the problem of slavery."
  40. ↑ "The Reputation of Abraham Lincoln". C-SPAN.org. Archived from the original on December 17, 2021. Retrieved August 18, 2018.
  41. ↑ Foner, 2010, pp. 312–14
  42. ↑ Donald, 1996, p. 396
  43. ↑ Vorenberg, Final Freedom (2001), p. 48. "The president worried that an abolition amendment might foul the political waters. The amendments he had recommended in December 1862 had gone nowhere, mainly because they reflected an outdated program of gradual emancipation, which included compensation and colonization. Moreover, Lincoln knew that he did not have to propose amendments because others more devoted to abolition would, especially if he pointed out the vulnerability of existing emancipation legislation. He was also concerned about negative reactions from conservatives, particularly potential new recruits from the Democrats."
  44. ↑ Willis, John C. "Republican Party Platform, 1864". University of the South. Archived from the original on March 29, 2013. Retrieved June 28, 2013. Resolved, That as slavery was the cause, and now constitutes the strength of this Rebellion, and as it must be, always and everywhere, hostile to the principles of Republican Government, justice and the National safety demand its utter and complete extirpation from the soil of the Republic; and that, while we uphold and maintain the acts and proclamations by which the Government, in its own defense, has aimed a deathblow at this gigantic evil, we are in favor, furthermore, of such an amendment to the Constitution, to be made by the people in conformity with its provisions, as shall terminate and forever prohibit the existence of Slavery within the limits of the jurisdiction of the United States.
  45. ↑ "1864: The Civil War Election". Get Out the Vote. Cornell University. 2004. Archived from the original on June 7, 2013. Retrieved 2013-06-28. Despite internal Party conflicts, Republicans rallied around a platform that supported restoration of the Union and the abolition of slavery.
  46. ↑ Goodwin, 2005, pp. 686–87
  47. ↑ Vorenberg, Final Freedom (2001), pp. 176–177, 180.
  48. ↑ Vorenberg, Final Freedom (2001), p. 178.
  49. ↑ Foner, 2010, pp. 312–13
  50. ↑ Goodwin, 2005, p. 687
  51. ↑ Goodwin, 2005, pp. 687–689
  52. ↑ Donald, 1996, p. 554
  53. ↑ Vorenberg, Final Freedom (2001), p. 187. "But the clearest sign of the people's voice against slavery, argued amendment supporters, was the recent election. Following Lincoln's lead, Republican representatives like Godlove S. Orth of Indiana claimed that the vote represented a 'popular verdict ... in unmistakable language' in favor of the amendment."
  54. ↑ Goodwin, 2005, p. 688
  55. ↑ Vorenberg, Final Freedom (2001), p. 191. "The necessity of keeping support for the amendment broad enough to secure its passage created a strange situation. At the moment that Republicans were promoting new, far-reaching legislation for African Americans, they had to keep this legislation detached from the first constitutional amendment dealing exclusively with African American freedom. Republicans thus gave freedom under the antislavery amendment a vague construction: freedom was something more than the absence of chattel slavery but less than absolute equality."
  56. ↑ Vorenberg, Final Freedom (2001), pp. 191–192. "One of the most effective methods used by amendment supporters to convey the measure's conservative character was to proclaim the permanence of patriarchal power within the American family in the face of this or any textual change to the Constitution. In response to Democrats who charged that the antislavery was but the first step in a Republican design to dissolve all of society's foundations, including the hierarchical structure of the family, the Iowa Republican John A. Kasson denied any desire to interfere with 'the rights of a husband to a wife' or 'the right of [a] father to his child'."
  57. ↑ Vorenberg, Final Freedom (2001), pp. 197–198.
  58. ↑ Vorenberg, Final Freedom (2001), p. 198. "It was at this point that the president wheeled into action on behalf of the Amendment [...] Now he became more forceful. To one representative whose brother had died in the war, Lincoln said, 'your brother died to save the Republic from death by the slaveholders' rebellion. I wish you could see it to be your duty to vote for the Constitutional amendment ending slavery.
  59. ↑ "TO PASS S.J. RES. 16. (p. 531-532)". GovTrack.us. Archived from the original on October 2, 2013. Retrieved September 29, 2013.
  60. ↑ Foner, 2010, p. 313
  61. ↑ Foner, 2010, p. 314
  62. ↑ McPherson, 1988, p. 840
  63. ↑ Harrison, "Lawfulness of the Reconstruction Amendments" (2001), p. 389. "For reasons that have never been entirely clear, the amendment was presented to the President pursuant to Article I, Section 7, of the Constitution, and signed.
  64. ↑ "Joint Resolution Submitting 13th Amendment to the States; signed by Abraham Lincoln and Congress". The Abraham Lincoln Papers at the Library of Congress. Series 3. General Correspondence. 1837–1897. February 1, 1865. Archived from the original on Feb 8, 2022.
  65. ↑ Thorpe, Constitutional History (1901), p. 154. "But many held that the President's signature was not essential to an act of this kind, and, on the fourth of February, Senator Trumbull offered a resolution, which was agreed to three days later, that the approval was not required by the Constitution; 'that it was contrary to the early decision of the Senate and of the Supreme Court; and that the negative of the President applying only to the ordinary cases of legislation, he had nothing to do with propositions to amend the Constitution.
  66. ↑ "The 26th Amendment". Richard Nixon Museum and Library. Retrieved 2024-10-31.
  67. ↑ Stephenson, Cassandra. "Election Day 2018: Meet the woman who signed the amendment allowing 18-year-olds to vote". The Jackson Sun (in American English). Retrieved 2024-10-31.
  68. ↑ Thorpe, Constitutional History (1901), p. 154. "The President signed the joint resolution on the first of February. Somewhat curiously the signing has only one precedent, and that was in spirit and purpose the complete antithesis of the present act. President Buchanan had signed the proposed amendment of 1861, which would make slavery national and perpetual."
  69. ↑ Lincoln's struggle to get the amendment through Congress, while bringing the war to an end, is portrayed in Lincoln.
  70. ↑ Harrison (2001), Lawfulness of the Reconstruction Amendments, p. 390.
  71. ↑ Samuel Eliot Morison (1965). The Oxford History of the American People. Oxford University Press. p. 710.
  72. ↑ Harrison, "Lawfulness of the Reconstruction Amendments" (2001), pp. 394–397.
  73. ↑ Eric L. McKitrick (1960). Andrew Johnson and Reconstruction. U. Chicago Press. p. 178. ISBN 9780195057072.
  74. ↑ Clara Mildred Thompson (1915). Reconstruction in Georgia: economic, social, political, 1865–1872. Columbia University Press. p. 156.
  75. ↑ Vorenberg (2001), Final Freedom, pp. 227–228.
  76. ↑ 76.0 76.1 Vorenberg (2001), Final Freedom, p. 229.
  77. ↑ Du Bois (1935), Black Reconstruction, p. 208.
  78. ↑ Thorpe (1901), Constitutional History, p. 210.
  79. ↑ Tsesis (2004), The Thirteenth Amendment and American Freedom, p. 48.
  80. ↑ 80.0 80.1 U.S. Government Printing Office, 112th Congress, 2nd Session, Senate Document No. 112–9 (2013). "The Constitution of the United States Of America Analysis And Interpretation Centennial Edition Interim Edition: Analysis Of Cases Decided By The Supreme Court Of The United States To June 26, 2013s" (PDF). p. 30. Archived (PDF) from the original on February 25, 2014. Retrieved February 17, 2014.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  81. ↑ Seward certificate Archived March 18, 2021, at the Wayback Machine proclaiming the Thirteenth Amendment to have been adopted as part of the Constitution as of December 6, 1865.
  82. ↑ Kocher, Greg (February 23, 2013). "Kentucky supported Lincoln's efforts to abolish slavery—111 years late". Lexington Herald-Leader. Archived from the original on February 20, 2014. Retrieved February 17, 2014.
  83. ↑ Ben Waldron (February 18, 2013). "Mississippi Officially Abolishes Slavery, Ratifies 13th Amendment". ABC News. Archived from the original on June 27, 2013. Retrieved April 23, 2013.
  84. ↑ Greene, Jamal; Mason McAward, Jennifer. "Constitutional Law. Thirteenth Amendment". National Constitution Center. 55. doi:10.2307/1071811. JSTOR 1071811. Archived from the original on December 30, 2020. Retrieved 2020-07-04.
  85. ↑ Harrison, Lowell H.; Klotter, James C. (1997-03-27). A New History of Kentucky (in English). University Press of Kentucky. ISBN 978-0-8131-2621-0.
  86. ↑ 86.0 86.1 Forehand, "Striking Resemblance" (1996), p. 82.
  87. ↑ Hornsby, Alan, ed. (2011). "Delaware". Black America: A State-by-State Historical Encyclopedia. ABC-CLIO. p. 139. ISBN 9781573569767.

Bibliography

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Maryland Law Review, special issue: Symposium—the Maryland Constitutional Law Schmooze

Columbia Law Review, special issue: Symposium: The Thirteenth Amendment: Meaning, Enforcement, and Contemporary Implications

  • Introduction
  • Panel I: Thirteenth Admendment in Context
  • Panel II: Reconstruction Revisited
  • Panel III: The Limits of Authority
  • Panel IV: Contemporary Implications
  • Carter, William M. Jr. (November 2012). "The Thirteenth Amendment and pro-equality speech". Columbia Law Review. 112 (7). Columbia Law School: 1855–1881. JSTOR 41708166. SSRN 2166859. Pdf.

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