Thirteenth Amendment to the United States Constitution
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Amendment XIII (the Thirteenth Amendment) of the United States Constitution officially abolished, and continues to prohibit, slavery, and, with limited exceptions, prohibits involuntary servitude. The Amendment in practice emancipated only the slaves of Delaware and Kentucky, as everywhere else the slaves had been freed by state action or by the federal government's Emancipation Proclamation. But supporters such as Abraham Lincoln (who had issued the Emancipation Proclamation) supported the Amendment as a means to guarantee the permanent abolition of slavery.
The amendment states:
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. |
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. Although it was ratified by the necessary three-quarters of the states within a year of its proposal, its most recent ratification occurred as recently as 1995, in Mississippi, which was the last of the thirty-six states in existence in 1865 to ratify it.
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[edit] Ratification
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. The dates of ratification were:
1. | Illinois | February 1, 1865 |
2. | Rhode Island | February 2, 1865 |
3. | Michigan | February 2, 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 | June 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:
28. | Oregon | December 8, 1865 | |
29. | California | December 19, 1865 | |
30. | Florida | December 28, 1865 | (Florida again ratified on June 9, 1868, upon its adoption of a new constitution) |
31. | Iowa | January 15, 1866 | |
32. | New Jersey | January 23, 1866 | (after having rejected the amendment on March 16, 1865) |
33. | Texas | February 18, 1870 | |
34. | Delaware | February 12, 1901 | (after having rejected the amendment on February 8, 1865) |
35. | Kentucky | March 18, 1976 | (after having rejected the amendment on February 24, 1865) |
36. | Mississippi | March 21, 1995 | (after having rejected the amendment on December 4, 1865). |
[edit] Interpretation and history
This amendment completed the abolition of slavery, which had begun with President Abraham Lincoln's Emancipation Proclamation of 1863. About 40,000 slaves remained in Kentucky and they were freed by the Amendment.
The Supreme Court has ruled that the Thirteenth Amendment does not prohibit mandatory military service in the United States.[1] 240 U.S. 328 (1916)
The Thirteenth Amendment also prohibits specific performance as a judicial remedy for violations of contracts for personal services such as employment contracts.
Offenses against the Thirteenth Amendment were being prosecuted as late as 1947.[2]
[edit] Notes
- ^ Butler v. Perry
- ^ U.S. v. Ingalls, 73 F.Supp. 76 (1947) as cited by Traver, Robert (1967). The Jealous Mistress. Boston: Little, Brown.
[edit] References
- Herman Belz, Emancipation and Equal Rights: Politics and Constitutionalism in the Civil War Era (1978)
- Mitch Kachun, Festivals of Freedom: Memory and Meaning in African American Emancipation Celebrations, 1808-1915 (2003)
- C. Peter Ripley, Roy E. Finkenbine, Michael F. Hembree, Donald Yacovone, Witness for Freedom: African American Voices on Race, Slavery, and Emancipation (1993)
- Michael Vorenberg, Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment (2001)
[edit] See also
- Corwin Amendment — A proposed amendment that would have protected slavery
- Crittenden Compromise
- Lyman Trumbull
- Titles of Nobility Amendment — Alleged by some to be the "the missing thirteenth amendment"
[edit] External links
- Mr. Lincoln and Freedom: Thirteenth Amendment
- Thirteenth Amendment and related resources at the Library of Congress
- National Archives: 13th Amendment
- Ghost Amendment: The Thirteenth Amendment that Never Was
- CRS Annotated Constitution: 13th Amendment