The 13th Amendment to the United States Constitution outlawed slavery and involuntary servitude, except as punishment for a crime. It was passed by Congress on January 31, 1865, and ratified on December 6, 1865. The 13th Amendment is a critical part of the legal framework that abolished slavery in the United States.
Quick Summary of the 13th Amendment
- The 13th Amendment abolished slavery and involuntary servitude in the United States, except as punishment for a crime.
- It was proposed by Congress in January 1865 and ratified in December 1865.
- The amendment nullified the Supreme Court’s Dred Scott decision which had ruled that Black people could not be citizens.
- It gave Congress the power to enforce the amendment through appropriate legislation.
- The 13th Amendment paved the way for the 14th and 15th Amendments, which guaranteed citizenship and equal protection under the law.
Background to the 13th Amendment
The push to abolish slavery gained momentum in the mid-19th century. While all Northern states had taken steps to abolish slavery after the American Revolution, slavery remained legal in the South. The abolitionist movement, led by figures like Frederick Douglass and William Lloyd Garrison, worked tirelessly to end slavery. Abolitionists utilized tactics like lecture tours, pamphlets, boycotts and even an underground railroad to free enslaved people.
Several events in the 1850s and 1860s increased tensions over slavery and pushed the nation toward civil war:
- The Fugitive Slave Act of 1850 required Northerners to return escaped slaves to their owners in the South.
- The Supreme Court’s Dred Scott decision in 1857 ruled that Black people could not be American citizens.
- Abraham Lincoln’s election as president in 1860 on a platform opposing expansion of slavery led several Southern states to secede from the Union.
The Civil War began in 1861 with Confederate forces attacking Fort Sumter in South Carolina. Over the course of the war, Lincoln positioned the conflict as a fight to save the Union, not a crusade to end slavery. But the Emancipation Proclamation issued on January 1, 1863 helped transform the war into a struggle for freedom. It freed slaves in rebelling Confederate states, inviting them to join the Union war effort.
By 1864, the tide of war had turned in favor of the Union. Congress began the process of passing a Constitutional Amendment to abolish slavery nationwide. The Senate passed the 13th Amendment in April 1864. The House followed in January 1865, officially sending the proposed amendment to the states for ratification.
Key Provisions of the Amendment
The 13th Amendment contains two main sections:
Section 1
Section 1 reads:
“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 clause outlawed slavery and involuntary servitude throughout the United States. This nullified the Supreme Court’s decision in Dred Scott, establishing that Black people were indeed citizens entitled to freedom and equal protection under the law.
Some exceptions were written into the amendment, however:
- It did not completely abolish convict leasing, allowing prisoners to be forced into involuntary servitude.
- The amendment specifically permitted involuntary servitude as criminal punishment after a person had been duly convicted of a crime.
Section 2
Section 2 states:
“Congress shall have power to enforce this article by appropriate legislation.”
This important clause gave Congress the authority to pass legislation to implement and enforce the abolition of slavery granted by the amendment.
Under this provision, Congress quickly passed the Civil Rights Act of 1866, guaranteeing Black Americans citizenship and equal rights under the law. Congress also drafted the 14th Amendment, requiring states to provide equal protection and due process to all people. Additional civil rights legislation followed, such as the Enforcement Acts of 1870-1871 prohibiting racial discrimination in voting.
Ratification of the 13th Amendment
For a constitutional amendment to be added, it must be approved by two-thirds of each chamber of Congress, then ratified by three-fourths of the states.
The 13th Amendment easily passed Congress, with the Senate voting 38-6 on April 8, 1864 and the House voting 119-56 on January 31, 1865.
Ratification by the states proceeded quickly, as many Southern states were excluded from the process. By December 6, 1865, 27 of the 36 states had ratified the amendment, officially adding it to the Constitution. Secretary of State William H. Seward proclaimed its adoption on December 18, 1865.
Of the four border states that had remained in the Union, only Delaware rejected the 13th Amendment. The eight Southern states that had seceded and joined the Confederacy did not participate in ratification except for Virginia, where a rump government organized under Union occupation approved it. The reconstructed Southern state legislatures would provide the final ratifications between 1865 and 1870 as they abolished slavery in their new constitutions.
Effects and Legacy of the 13th Amendment
The 13th Amendment was a watershed moment in American history. Its effects were wide-ranging:
- It abolished slavery. Over 3 million enslaved Black Americans were granted their freedom.
- It empowered Congress. By granting Congress enforcement powers, it paved the way for federal laws protecting civil rights.
- It nullified the Dred Scott decision. It overturned the Supreme Court ruling that had denied citizenship rights to African Americans.
- It made possible the 14th and 15th Amendments. These Reconstruction Amendments established birthright citizenship, equal protection under the law, and voting rights for Black men.
- It established an anti-slavery Constitution. For the first time, the Constitution explicitly prohibited slavery and involuntary servitude.
However, the practical effects of the 13th Amendment were limited in some ways:
- It did not prevent de facto slavery through racist laws like the Black Codes that limited rights and forced Black laborers into sharecropping arrangements.
- It permitted continued involuntary servitude as criminal punishment, allowing systems like convict leasing in many Southern states.
- It failed to provide enforcement mechanisms to protect former slaves from violence, discrimination and intimidation during Reconstruction.
In the 20th century, the 13th Amendment was cited as legal grounds for reforms like the Fair Labor Standards Act of 1938, limiting forced labor, and the Civil Rights Act of 1964, outlawing racial segregation. It remains a powerful symbol of freedom and equality. The promise of the 13th Amendment continues to inspire efforts to dismantle structural racism and achieve true racial justice.
Frequently Asked Questions
When was the 13th Amendment passed?
The 13th Amendment was passed by Congress on January 31, 1865, and ratified on December 6, 1865, thereby being added to the U.S. Constitution.
What did the 13th Amendment accomplish?
The 13th Amendment abolished slavery and involuntary servitude throughout the United States, except as punishment for a crime. This finally ended slavery after decades of gradual abolition in Northern states.
Who wrote the 13th Amendment?
The 13th Amendment was based on an earlier amendment proposed by Senator James Ashley in 1863. It was drafted by Congressman James Wilson with input from the Joint Committee on Reconstruction.
How many states ratified the 13th Amendment?
The 13th Amendment exceeded the required threshold of 27 out of 36 states when it was ratified. In total, 36 states ratified it–27 before final adoption and 9 more afterward.
Did any states reject the 13th Amendment?
Only one state legislature, Delaware, rejected the 13th Amendment. The Southern states that had seceded did not participate in ratification except for Virginia, which ratified it under federally-organized government.
What did Section 2 of the 13th Amendment accomplish?
Section 2 gave Congress the power to enforce the abolition of slavery through appropriate legislation. This allowed laws like the Civil Rights Act of 1866 and authorized drafting of the 14th Amendment.
Conclusion
The 13th Amendment was a major accomplishment of the Civil War and early Reconstruction era. It finally abolished the institution of slavery that had long divided the nation. The amendment freed over 3 million enslaved Black Americans and empowered Congress to protect their rights.
However, its promise of freedom and equality would not be fully realized for generations to come. Additional amendments, civil rights laws, and ongoing movements for racial justice would be needed to dismantle white supremacy and achieve the full intended impact of the 13th Amendment. The amendment’s prohibition of slavery and involuntary servitude remains a key constitutional protection of individual liberty in America today.