Text of the Resolution and the Thirteenth Amendment

Thirty-Eighth Congress of the United States.

A Resolution Submitting to the Legislatures of the several States a proposition to amend the Constitution of the United States.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled(two-thirds of both houses concurring), That the following article be proposed to the Legislatures of the several States as an amendment to the constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely:

ARTICLE XIII

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.

SCHUYLER COLFAX
Speaker of the House of Representatives.

H. HAMLIN
Vice President of the United States, and President of the Senate.

Approved, February 1, 1865. ABRAHAM LINCOLN

Footnotes

  1. Abraham Lincoln had always been against slavery, but when he took office as president, he worried that the federal government could not eliminate it because of its preservation in the Constitution. However, during the Civil War, Lincoln used his executive power to deliver the Emancipation Proclamation, freeing the slaves in the rebel states. Lincoln and others knew this act to be temporary and began to work on amending the Constitution. While Lincoln approved this resolution on February 1, 1865, he did not live to see the Thirteenth Amendment become law; he was assassinated on April 15, 1865, eight months before the states would ratify the amendment.

    — Wesley, Owl Eyes Editor
  2. Hannibal Hamlin (1809–1891) was an attorney and politician from Maine. He served as vice president, the first Republican to hold that office, under President Lincoln from 1861–1865. He was replaced by Democrat Andrew Johnson as Lincoln’s running mate for a second term, due to Lincoln’s desire to gain broad support for Southern Reconstruction.

    — Wesley, Owl Eyes Editor
  3. Section two of the Thirteenth Amendment is known as a Congressional power of enforcement, and it first appeared during Reconstruction for the Thirteenth, Fourteenth, and Fifteenth Amendments. Congress included such sections as necessary measures to protect the newly emancipated African Americans and diminish the power of individual states—notably former Confederate states and their continued efforts to limit the freedoms of African Americans.

    — Wesley, Owl Eyes Editor
  4. The exception clause in section one provides the only conditions under which someone may be subjected to involuntary servitude: legal incarceration. This means that anyone duly convicted of a crime may be forced to labor against their will within a penal system.

    — Wesley, Owl Eyes Editor
  5. The noun “jurisdiction” refers to an authority’s power to administer justice, or exercise its legal authority. An entity’s jurisdiction also refers to the extent or range of its administrative power. In this resolution, section one stipulates that slavery and involuntary servitude are illegal in the United States and any location where the United States has authority to administer justice.

    — Wesley, Owl Eyes Editor
  6. Generally, the distinctions between “slavery” and “involuntary servitude” are not readily apparent. However, when considered in the context of legal punishment and prison labor, the differences become more clear. A traditional definition of slavery means that the status was not only permanent, but also inheritable from a parent. For prisoners, their terms of involuntary servitude are not always for life, meaning that even if their sentence appears the same as slavery, it is not necessarily perpetual. The duration of their status marks the distinction.

    — Wesley, Owl Eyes Editor
  7. This proposal to amend the Constitution was passed in the Senate on April 8, 1864. However, the House of Representative was unable to secure a two-thirds majority until January 31, 1865, after Republicans had spent months convincing their Democratic colleagues. The resolution passed in the House with a vote of 119 to 56, just several votes over the two-thirds majority required, and with several Democrats abstaining. It wasn’t until December 18, 1865 that the amendment was ratified by the states, becoming law.

    — Wesley, Owl Eyes Editor
  8. The noun “ratification” and the verb “to ratify” refer to the process of confirmation, or of providing formal approval, sanction, or endorsement for a process. The word choice emphasizes the process the Congress and state legislatures have to go through in order to amend the Constitution of the United States.

    — Wesley, Owl Eyes Editor
  9. In 1865, thirty-six states, including those that had been in rebellion, comprised the United States. Twenty-seven of them provided the necessary three-fourths ratification, allowing Secretary of State William H. Seward to proclaim the country’s adoption of the Thirteenth Amendment on December 18, 1865.

    — Wesley, Owl Eyes Editor
  10. The participle “concurring” derives from the verb “to concur,” which means to agree, approve, or act together towards a common end or particular effect. In this case, the word incorporates all meanings, as both houses of Congress require their respective two-thirds to agree upon, approve, and support the resolution.

    — Wesley, Owl Eyes Editor
  11. Article V of the United States Constitution stipulates the conditions under which Congress can propose amendments to the Constitution: he proposed amendment must be confirmed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.

    — Wesley, Owl Eyes Editor
  12. Generally, the noun “resolution” refers to determination, a formal declaration, a removal of doubt, or a statement of intent. Its use in this text follows this broad definition but also incorporates the legal use of the word: a formal expression of intent issued by an authoritative, official body, such as the United States Congress.

    — Wesley, Owl Eyes Editor
  13. The 38th United States Congress met from March 4, 1863, to March 4, 1865. At the time, the number of congressional seats was based on the eighth census. There were 52 senators, 184 representatives, and 10 non-voting delegates. The Republicans held the majority in both houses. The 38th Congress is notable for several major legislative accomplishments, including the Coinage Act of 1864, the Freedmen’s Bureau Act, and the approval of the Thirteenth Amendment for state ratification.

    — Wesley, Owl Eyes Editor
  14. Schuyler Colfax (1823–1885) was a politician from Indiana. A key figure of the Reconstruction, he made his most significant contributions during his terms as Speaker of the House of Representatives (1863–1869) and as Vice President to Ulysses S. Grant (1869–1873). A progressive Republican, Colfax fought against slavery and inequality throughout his career. Unfortunately, his career ended in scandal when it was revealed that he had accepted numerous bribes by corporate interests.

    — Zachary, Owl Eyes Editor