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Encyclopedia > Thirteenth Amendment to the United States Constitution

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United States of America

This article is part of the series:
United States Constitution The Great Seal of the United States, obverse side. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...


Original text of the Constitution
Preamble

Articles of the Constitution
IIIIIIIVVVIVII “We the People” redirects here. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments to the Constitution
Bill of Rights
IIIIIIIVVVIVIIVIIIIXX

Subsequent Amendments
XI ∙ XII ∙ XIII ∙ XIV ∙ XV ∙ XVI
XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI ∙ XXII
XXIII ∙ XXIV ∙ XXV ∙ XXVI ∙ XXVII The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ... “First Amendment” redirects here. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from... The Bill of Rights in the National Archives. ... The Bill of Rights in the National Archives. ... This article does not cite any references or sources. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... “Seventh Amendment” redirects here. ... The Bill of Rights in the National Archives. ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... The Bill of Rights in the National Archives Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ... Amendment XI in the National Archives Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794, and was ratified on February 7, 1795. ... Amendment XII in the National Archives The Twelfth Amendment to the United States Constitution altered Article II pertaining to presidential elections. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen... Amendment XVI in the National Archives Amendment XVI (the Sixteenth Amendment) of the United States Constitution was ratified on February 3, 1913. ... Amendment XVII in the National Archives Amendment XVII (the Seventeenth Amendment) of the United States Constitution was passed by the Senate on June 12, 1911 and by the House on May 13, 1912. ... Amendment XVIII in the National Archives Prohibition agents destroying barrels of alcohol. ... Amendment XIX in the National Archives Amendment XIX (the Nineteenth Amendment) allowed women the right to vote under official constitutional protection. ... Page 1 of Amendment XX in the National Archives Page 2 of the amendment Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, or the Norris Amendment,[] establishes some details of presidential succession and of the beginning and ending of the terms of... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... Amendment XXII in the National Archives The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office... Amendment XXIII in the National Archives Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. ... Amendment XXIV in the National Archives Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. ... Page 1 of Amendment XXV in the National Archives Page 2 of the amendment Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution was ratified on July 1, 1971. ... Page 1 of the certification of Amendment XXVII in the National Archives Page 2 of the amendments certification Page 3 of the amendments certification Amendment XXVII (the Twenty-seventh Amendment) is the most recent amendment to be incorporated into the United States Constitution, having been ratified in 1992...


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Amendment XIII in the National Archives
Amendment XIII in the National Archives

The Thirteenth Amendment to the United States Constitution officially abolished, and continues to prohibit slavery and, with limited exceptions (those convicted of a crime), prohibits involuntary servitude. Prior to its ratification, slavery remained legal only in Delaware and Kentucky; everywhere else the slaves had been freed by state action and the federal government's Emancipation Proclamation. Abraham Lincoln (who had issued the Emancipation Proclamation) and others were concerned that the Emancipation Proclamation would be seen as a temporary war measure, and so, besides freeing slaves in those two states where slavery was still legal, they supported the Amendment as a means to guarantee the permanent abolition of slavery. The amendment was originally co-authored and sponsored by Congressmen James Mitchell Ashley (Republican, Ohio) and James Falconer Wilson (Republican, Iowa) and Senator John B. Henderson (Democrat, Missouri). It was followed by the other Reconstruction Amendments, the Fourteenth (intended to protect the civil rights of former slaves) and Fifteenth (which banned racial restrictions on voting). Image File history File linksMetadata Download high resolution version (2672x3414, 538 KB) Description: Credit: NARA [1] Usage: Source: Date: Author: Permission: File links The following pages link to this file: Thirteenth Amendment to the United States Constitution Metadata This file contains additional information, probably added from the digital camera or... Image File history File linksMetadata Download high resolution version (2672x3414, 538 KB) Description: Credit: NARA [1] Usage: Source: Date: Author: Permission: File links The following pages link to this file: Thirteenth Amendment to the United States Constitution Metadata This file contains additional information, probably added from the digital camera or... The National Archives building in Washington, DC The United States National Archives and Records Administration (NARA) is an independent agency of the United States federal government charged with preserving and documenting government and historical records. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... Slave redirects here. ... Involuntary servitude is the condition of a person laboring to benefit another against his will due to coercive influence directed toward him. ... This article is about the U.S. State of Delaware. ... Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ... Wikisource has original text related to this article: Emancipation Proclamation Reproduction of the Emancipation Proclamation at the National Underground Railroad Freedom Center in Cincinnati, Ohio The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. ... For other uses, see Abraham Lincoln (disambiguation). ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... James Mitchell Ashley (November 14, 1824 - September 16, 1896) was a US congressman, territorial governor and railroad president. ... The Republican Party is one of two major contemporary political parties in the United States of America, along with the Democratic Party. ... Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... James Falconer Wilson was born in Newark, Ohio on October 19, 1828. ... Official language(s) English Capital Des Moines Largest city Des Moines Area  Ranked 26th  - Total 56,272 sq mi (145,743 km²)  - Width 310 miles (500 km)  - Length 199 miles (320 km)  - % water 0. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Politics Portal      The United States Senate is one of the two chambers of the bicameral United States Congress, the... John B. Henderson John Brooks Henderson (November 16, 1826 – April 12, 1913) was a United States Senator from Missouri and a co-author of the Thirteenth Amendment to the United States Constitution. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      Further information: Politics of the United States#Organization of American political parties The Democratic... Official language(s) English Capital Jefferson City Largest city Kansas City Largest metro area St Louis[1] Area  Ranked 21st  - Total 69,709 sq mi (180,693 km²)  - Width 240 miles (385 km)  - Length 300 miles (480 km)  - % water 1. ... The Reconstruction Amendments are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, passed between 1865 and 1870, the five years immediately following the Civil War. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen...

Contents

Text

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 the power to enforce this article by appropriate legislation.

Proposal and ratification

The Thirteenth Amendment to the Constitution of the United States was proposed to the legislatures of the several states by the Thirty-eighth United States Congress, on January 31, 1865. The amendment was declared, in a proclamation of Secretary of State William Henry Seward, dated December 18, 1865, to have been ratified by the legislatures of twenty-seven of the then thirty-six states. Although it was ratified by the necessary three-quarters of the states within a year of its proposal, its most recent ratification occurred in 1995 in Mississippi, which was the last of the thirty-six states in existence in 1865 to ratify it. The dates of ratification were:[1] The Thirty-Eighth Congress of the United States began on March 4, 1863 and ended on March 3, 1865. ... is the 31st day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... Seal of the United States Department of State. ... William Henry Seward, Sr. ... is the 352nd day of the year (353rd in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... This article is about the U.S. state. ...

  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 8, 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)

Ratification was completed on December 6, 1865. The amendment was subsequently ratified by the following states: is the 32nd day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 33rd day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 34th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 34th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 34th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 34th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 34th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 37th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 38th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 38th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 38th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 40th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 41st day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 44th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... February 16 is the 47th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 48th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... February 23 is the 54th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 55th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 67th day of the year (68th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... April 7 is the 97th day of the year in the Gregorian calendar (98th in leap years). ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... April 14 is the 104th day of the year (105th in leap years) in the Gregorian calendar, with 261 days remaining. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 124th day of the year (125th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 182nd day of the year (183rd in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 317th day of the year (318th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 336th day of the year (337th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 338th day of the year (339th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... December 6 is the 340th day of the year (341st in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... December 6 is the 340th day of the year (341st in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ...

  1. Oregon (December 8, 1865)
  2. California (December 19, 1865)
  3. Florida (December 28, 1865, reaffirmed on June 9, 1869)
  4. Iowa (January 15, 1866)
  5. New Jersey (January 23, 1866, after having rejected it on March 16, 1865)
  6. Texas (February 18, 1870)
  7. Delaware (February 12, 1901, after having rejected it on February 8, 1865)
  8. Kentucky (March 18, 1976, after having rejected it on February 24, 1865)
  9. Mississippi (March 16, 1995, after having rejected it on December 5, 1865)

is the 342nd day of the year (343rd in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 353rd day of the year (354th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 362nd day of the year (363rd in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... June 9 is the 160th day of the year in the Gregorian calendar (161st in leap years), with 205 days remaining. ... 1869 (MDCCCLXIX) is a common year starting on Friday (link will take you to calendar) of the Gregorian calendar or a common year starting on Sunday of the 12-day-slower Julian calendar. ... is the 15th day of the year in the Gregorian calendar. ... 1866 (MDCCCLXVI) is a common year starting on Monday of the Gregorian calendar or a common year starting on Wednesday of the 12-day-slower Julian calendar. ... is the 23rd day of the year in the Gregorian calendar. ... 1866 (MDCCCLXVI) is a common year starting on Monday of the Gregorian calendar or a common year starting on Wednesday of the 12-day-slower Julian calendar. ... March 16 is the 75th day of the year (76th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 49th day of the year in the Gregorian calendar. ... 1870 (MDCCCLXX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ... February 12 is the 43rd day of the year in the Gregorian calendar. ... Year 1901 (MCMI) was a common year starting on Tuesday (link will display calendar) of the Gregorian calendar (or a common year starting on Monday [1] of the 13-day-slower Julian calendar). ... is the 39th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 77th day of the year (78th in leap years) in the Gregorian calendar. ... Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... is the 55th day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... March 16 is the 75th day of the year (76th in leap years) in the Gregorian calendar. ... Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... is the 339th day of the year (340th in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ...

Interpretation and history

Historically, the 13th amendment was unusual. The first twelve amendments had been adopted within fifteen years of the Constitution’s creation and approval. The first ten (the Bill of Rights) were passed in 1791, the 11th Amendment in 1795 and the 12th in 1804. When the 13th was proposed there had been no new amendments adopted in more than sixty years. Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ...


The objective of the 13th was also unusual. During the crises of secession and prior to the outbreak of the Civil War, the majority of bills passed by Congress had protected slavery. There had been very little proposed legislation to abolish slavery. Congressman John Quincy Adams had made a proposal in 1839, but there were no new proposals until December 14, 1863, when a bill to support an amendment to abolish slavery throughout the entire United States was introduced by Congressman James Mitchell Ashley (Republican, Ohio). This was soon followed by a similar proposal made by Congressman James Falconer Wilson, (Republican, Iowa). This article does not cite any references or sources. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... John Quincy Adams (July 11, 1767 – February 23, 1848) was a diplomat, politician, and President of the United States (March 4, 1825 – March 4, 1829). ... is the 348th day of the year (349th in leap years) in the Gregorian calendar. ... Year 1863 (MDCCCLXIII) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... James Mitchell Ashley (November 14, 1824 - September 16, 1896) was a US congressman, territorial governor and railroad president. ... The Republican Party is one of two major contemporary political parties in the United States of America, along with the Democratic Party. ... Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... James Falconer Wilson was born in Newark, Ohio on October 19, 1828. ... Official language(s) English Capital Des Moines Largest city Des Moines Area  Ranked 26th  - Total 56,272 sq mi (145,743 km²)  - Width 310 miles (500 km)  - Length 199 miles (320 km)  - % water 0. ...


Eventually the Congress and the public began to take notice and a number of additional legislative proposals were brought forward. Senator John Brooks Henderson of Missouri submitted a joint resolution for a constitutional amendment abolishing slavery, January 11, 1864. The abolition of slavery had, historically, been associated with Republicans, but Henderson was a War Democrat. The Senate Judiciary Committee, chaired by Lyman Trumbull (Republican, Illinois), became involved in merging different proposals for an amendment. Another Republican, Senator Charles Sumner (Radical Republican, Massachusetts), submitted a constitutional amendment to abolish slavery as well as guarantee equality on February 8 the same year. As the number of proposals and the extent of their scope began to grow, the Senate Judiciary Committee presented the Senate with an amendment proposal combining the drafts of Ashley, Wilson, and Henderson.[2] Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Politics Portal      The United States Senate is one of the two chambers of the bicameral United States Congress, the... John B. Henderson John Brooks Henderson (November 16, 1826 – April 12, 1913) was a United States Senator from Missouri and the author of the Thirteenth Amendment to the United States Constitution. ... Official language(s) English Capital Jefferson City Largest city Kansas City Largest metro area St Louis[1] Area  Ranked 21st  - Total 69,709 sq mi (180,693 km²)  - Width 240 miles (385 km)  - Length 300 miles (480 km)  - % water 1. ... A joint resolution is a legislative measure of the United States of America, designated as S.J.Res (for the Senate version) and H.J.Res (for the House version), which requires the approval of both chambers of the United States Congress. ... is the 11th day of the year in the Gregorian calendar. ... 1864 (MDCCCLXIV) was a leap year starting on Friday (see link for calendar) of the Gregorian calendar or a leap year starting on Sunday of the 12-day-slower Julian calendar. ... War Democrats were those who broke with the majority of the Democratic Party and supported the military policies of President Abraham Lincoln during the American Civil War of 1861-1865. ... The U.S. Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a standing committee of the United States Senate, the upper house of the United States Congress. ... Lyman Trumbull was the United States Senator from Illinois during the American Civil War Categories: American politician stubs ... Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Metropolitan Area Area  Ranked 25th  - Total 57,918 sq mi (149,998 km²)  - Width 210 miles (340 km)  - Length 390 miles (629 km)  - % water 4. ... Charles Sumner (January 6, 1811 – March 11, 1874) was an American politician and statesman from Massachusetts. ... The Radical Republicans were an influential faction of American politicians in the Republican party during the American Civil War and Reconstruction eras, 1860-1876. ... This article is about the U.S. State. ... is the 39th day of the year in the Gregorian calendar. ...


After debating the amendment, the Senate passed it on April 8, 1864, by a vote of 38 to 6. Although they initially rejected the amendment, the House of Representatives passed it on January 31, 1865, by a vote of 119 to 56. President Abraham Lincoln signed a Joint Resolution, February 1, 1865, and submitted the proposed amendment to the states for ratification. Secretary of State William Seward issued a statement verifying the ratification of the 13th Amendment on December 18, 1865. April 8 is the 98th day of the year (99th in leap years) in the Gregorian calendar. ... 1864 (MDCCCLXIV) was a leap year starting on Friday (see link for calendar) of the Gregorian calendar or a leap year starting on Sunday of the 12-day-slower Julian calendar. ... is the 31st day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... is the 32nd day of the year in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ... Ratification is the act of giving official sanction to a formal document such as a treaty or constitution. ... In several countries, Secretary of State is a senior government position. ... Willam H. Seward William Henry Seward (May 16, 1801–October 10, 1872) was United States Secretary of State under Abraham Lincoln and Andrew Johnson. ... is the 352nd day of the year (353rd in leap years) in the Gregorian calendar. ... 1865 (MDCCCLXV) is a common year starting on Sunday. ...


The 13th Amendment completed legislation to abolish slavery, which had begun with the Emancipation Proclamation issued by President Abraham Lincoln in 1863. Approximately 40,000 slaves remaining in Kentucky were freed by the 13th Amendment.[3] Slave redirects here. ... Wikisource has original text related to this article: Emancipation Proclamation Reproduction of the Emancipation Proclamation at the National Underground Railroad Freedom Center in Cincinnati, Ohio The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. ... For other uses, see Abraham Lincoln (disambiguation). ... Official language(s) English[1] Capital Frankfort Largest city Louisville Area  Ranked 37th  - Total 40,444 sq mi (104,749 km²)  - Width 140 miles (225 km)  - Length 379 miles (610 km)  - % water 1. ...


Since the 13th amendment was proposed before the Southern states had been restored to the Union after the Civil War, it should have easily passed the Congress. However, while the Senate did pass it in April 1864, the House declined to do so. President Lincoln then took an active role to ensure its passage through the House by ensuring the amendment was added to the Republican Party platform for the upcoming Presidential elections. His efforts came to fruition when the House passed the bill in January 1865. The 13th Amendment's archival copy bears an apparent Presidential signature, under the usual ones of the Speaker of the House and the "President of the Senate" (Vice President of the US) [4], after the words "Approved February 1, 1865".


The 13th, 14th and 15th amendments are collectively the post-Civil War legislative measures that effected a paradigm change in civil rights in the U.S.A.[5]


Scope of legislation

The Supreme Court has ruled that the Thirteenth Amendment does not prohibit mandatory military service in the United States (see 240 U.S. 328 (1916)).[6] But the Thirteenth Amendment does prohibit specific performance as a judicial remedy for violations of contracts for personal services such as employment contracts. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The United States has employed conscription (mandatory military service, also called the draft) several times, usually during war but also during the nominal peace of the Cold War. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Definition of Specific performance In the law of remedies, a specific performance is a demand of a party to perform a specific act. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... For the album by the Kaiser Chiefs see Employment (album) Employment is a contract between two parties, one being the employer and the other being the employee. ...


Offenses against the Thirteenth Amendment were being prosecuted as late as 1947.[7][8]


Prior to 1988, inflicting involuntary servitude through psychologically coercive means was included in the interpretation of the 13th Amendment. In 1988 the 6th District Court of Appeals ruled that compulsion of servitude through psychological coercion is not prohibited by the 13th Amendment.[9][10] Psychological coercion had been the primary means of forcing involuntary servitude in the case of Elizabeth Ingalls in 1947.[11] In 1988, U.S. v. Kozminski, this was circumscribed to mean only physical coercion.[12] However, the 6th District Court of Appeal held that there are exceptions.[13] The court decision circumscribed involuntary servitude to be limited to those situations when the master subjects the servant to

(1) threatened or actual physical force,
(2) threatened or actual state-imposed legal coercion, or
(3) fraud or deceit where the servant is a minor, an immigrant or mentally incompetent.

The federal anti-slavery statutes were updated in the Trafficking Victims Protection Act of 2000, P.L. 106-386, which expanded the federal statutes' coverage to cases in which victims are enslaved through psychological, as well as physical, coercion.[14][15]


Free versus Unfree Labor

Labor is defined as work of economic or financial value. Unfree labor, or labor not willingly given, is obtained in a number of ways:

  • causing or threatening to cause serious harm to any person;
  • physically restraining or threatening to physically restrain another person;
  • abusing or threatening to abuse the law or legal process;
  • knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
  • blackmail;
  • causing or threatening to cause financial harm [using financial control over] to any person.

Definitions of conditions addressed by 13th Amendment

Refers to a person in "debt servitude," or involuntary servitude tied to the payment of a debt. Compulsion to servitude includes the use of force, the threat of force, or the threat of legal coercion to compel a person to work against his or her will.

  • Involuntary Servitude[17]

Refers to a person held by actual force, threats of force, or threats of legal coercion in a condition of slavery-- compulsory service or labor against his or her will. This also includes the condition in which people are compelled to work against their will by a "climate of fear" evoked by the use of force, the threat of force, or the threat of legal coercion (i.e., suffer legal consequences unless compliant with demands made upon them) which is sufficient to compel service against a person's will. The first U.S. Supreme Court case to uphold the ban against involuntary servitude was Bailey v. Alabama (1911).

Labor or service obtained by:

  • by threats of serious harm or physical restraint;
  • by means of any scheme, plan, or pattern intended to cause a person to believe they would suffer serious harm or physical restraint if they did not perform such labor or services:
  • by means of the abuse or threatened abuse of law or the legal process,

Enforcement of 13th Amendment

Section 2. Congress shall have the power to enforce this article by appropriate legislation.

A number of amendments to the United States Constitution include a Congressional power of enforcement. ...

Threat of legal consequences

Victims of human trafficking and other conditions of forced labour are commonly coerced by threat of legal actions to their detriment. A leading example is deportation of illegal immigrants. "The prospect of being forced to leave the United States, no matter how degrading the current living conditions, sometimes serves as a deterrent to reporting the situation to law enforcement."[19] Victims of forced labor and trafficking are protected by Title 18 of the U.S. Code[20]

  • Title 18, U.S.C., Section 241 - Conspiracy Against Rights

Conspiracy to injure, oppress, threaten, or intimidate any person's rights or privileges secured by the Constitution or the laws of the United States[21]

  • Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law

It is a crime for any person acting under color of law (federal, state or local officials who enforce statutes, ordinances, regulations, or customs) to willfully deprive or cause to be deprived the rights, privileges, or immunities of any person secured or protected by the Constitution and laws of the U.S. This includes willfully subjecting or causing to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.[22]


Other proposed amendments that were once numbered thirteen

  • Titles of Nobility Amendment, approved by Congress in 1810, would have revoked the citizenship of anyone accepting a foreign title of nobility.
  • The Crittenden Compromise, a joint resolution that included six constitutional amendments that would protect slavery. At the time there were twelve amendments and one of the six could have become the thirteenth.
  • Corwin Amendment, approved by Congress in 1861 and ratified by two states, which would have forbidden any constitutional amendment that would interfere with slavery in a state.

The Titles of Nobility Amendment (TONA) is a proposed amendment to the United States Constitution dating from 1810. ... Wikisource has original text related to this article: Crittenden Compromise The Crittenden Compromise (December 18, 1860) was an unsuccessful proposal by Kentucky Senator John J. Crittenden to resolve the U.S. secession crisis of 1860–1861 by addressing the concerns that led the states in the Deep South of the... The Corwin Amendment is a proposed amendment to the United States Constitution. ...

Notes

  1. ^ Mount, Steve (Jan 2007). Ratification of Constitutional Amendments. Retrieved on Feb 24, 2007.
  2. ^ Congressional Proposals and Senate Passage Harper Weekly. The Creation of the 13th Amendment. Retrieved Feb. 15, 2007
  3. ^ Primary Documents in American History: The 13th Amendment Library of Congress. Retrieved Feb. 15, 2007
  4. ^ [1]
  5. ^ [ http://www.ourdocuments.gov/doc.php?flash=true&doc=40 13th Amendment to the U.S. Constitution: Abolition of Slavery (1865)] Our Documents (Cooperative project of National History Day, The National Archives and Records Administration, and USA Freedom Corps.
  6. ^ Butler v. Perry
  7. ^ "The 13th Amendment and the Lost Origins of Civil Rights" Risa Goluboff (2001) Duke Law Journal Vol 50 p. 1609. See section on Elizabeth Ingalls and Dora Jones. Refer to United States v. Ingalls, 73 F. Supp. 76, 77 (S.D. Cal. 1947) Southern District Court California
  8. ^ U.S. v. Ingalls, 73 F.Supp. 76 (1947) as cited by Traver, Robert (1967). The Jealous Mistress. Boston: Little, Brown. 
  9. ^ "Thirteenth Amendment--Slavery and Involuntary Servitude" GPO Access, U.S. Government Printing Office. (page 1557)
  10. ^ "The 13th Amendment and the Lost Origins of Civil Rights" Risa Goluboff (2001) Duke Law Journal Vol 50 p. 1609. See footnote 228
  11. ^ United States v. Ingalls, 73 F. Supp. 76, 77 (S.D. Cal. 1947)
  12. ^ United States v. Kozminski, 487 U.S. 931, 944 (1988)
  13. ^ UNITED STATES v. KOZMINSKI, 487 U.S. 931 (1988) Justia U.S. Supreme Court Center. Written argument
  14. ^ Trafficking Victims Protection Act of 2000 U.S. Department of Health and Human Services Fact Sheet
  15. ^ Victims of Trafficking and Violence Protection Act 2000 U.S. Department of State
  16. ^ Peonage Section 1581 of Title 18 U.S. Department of Justice, Civil Rights Division Involuntary servitude, forced labor and sex trafficking statues enforced
  17. ^ Involuntary Servitude Section 1584 of Title 18 U.S. Department of Justice, Civil Rights Division Involuntary servitude, forced labor and sex trafficking statues enforced
  18. ^ Forced Labor Section 1589 of Title 18 U.S. Department of Justice, Civil Rights Division Involuntary servitude, forced labor and sex trafficking statues enforced. NB According to the Dept. of Justice, "Congress enacted § 1589 in response to the Supreme Court’s decision in United States v. Kozminski, 487 U.S. 931 (1988), which interpreted § 1584 to require the use or threatened use of physical or legal coercion. Section 1589 broadens the definition of the kinds of coercion that might result in forced labor."
  19. ^ The Color of Law FBI Miami Civil Rights Program
  20. ^ Involuntary Servitude and Human Trafficking Initiatives National Workers Exploitation Task Force FBI Miami Civil Rights Program
  21. ^ Title 18, U.S.C., Section 241 - Conspiracy Against Rights
  22. ^ Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law

References

See also

The Corwin Amendment is a proposed amendment to the United States Constitution. ... Wikisource has original text related to this article: Crittenden Compromise The Crittenden Compromise (December 18, 1860) was an unsuccessful proposal by Kentucky Senator John J. Crittenden to resolve the U.S. secession crisis of 1860–1861 by addressing the concerns that led the states in the Deep South of the... Lyman Trumbull was the United States Senator from Illinois during the American Civil War Categories: American politician stubs ... The Titles of Nobility Amendment (TONA) is a proposed amendment to the United States Constitution dating from 1810. ...

External links


  Results from FactBites:
 
Thirteenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia (435 words)
Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery and, with the exception of allowing punishments for crimes, prohibits involuntary servitude.
The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several states by the Thirty-eighth Congress, on January 31, 1865.
The amendment was declared, in a proclamation of Secretary of State William Henry Seward, dated December 18, 1865, to have been ratified by the legislatures of twenty-seven of the then thirty-six states.
  More results at FactBites »

 
 

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