Slavery No More: The 13th Amendment

“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.”

Thirteenth Amendment, United States Constitution, 1865. 

Welcome to Civics and Coffee. My name is Alycia and I am a self-professed history nerd. Each week, I am going to chat about a topic on U.S history and give you both the highlights and occasionally break down some of the complexities in history; and share stories you may not remember learning in high school. All in the time it takes to enjoy a cup of coffee. 

INTRO MUSIC

Hey everyone, welcome back. 

In the winter of 1864 and 1865, Congress began moving toward the passage of a constitutional amendment banning slavery throughout the country. While the nation remained at war, President Abraham Lincoln put tremendous pressure on politicians to ensure it had the necessary votes. His efforts worked and on January 31, 1865 Congress passed what would become the thirteenth amendment to the constitution. 

But why, if Lincoln issued his Emancipation Proclamation in 1863, did Congress move forward with considering an amendment? How did Lincoln convince weary politicians to vote in favor of the measure? And what did passing the amendment actually mean?

Join me this week as I seek to answer these questions while I dive into the 13th Amendment. What was it? How did it come to pass? And how did it change Americans' perceptions of the constitution? 

Grab your cup of coffee, peeps. Let’s do this. 

As I mentioned in the opening of the episode, President Lincoln issued the Emancipation Proclamation on January 1, 1863. The edict declared that slaves residing in states that were quote “in rebellion against the United States” end quote were free. As the Confederacy was, in fact, in rebellion against the Union, there was no reason to believe that enslaved individuals living in the southern half of the country would be granted said emancipation freely. The proclamation was largely symbolic; a way to generate interest for African Americans to enlist and fight on behalf of the Union. As historian Michael Vorenberg observed, quote: “Americans understood that the proclamation was but an early step in putting black freedom on secure legal footing,” end quote. 

An astute politician, Lincoln understood how precarious his proclamation was. He was concerned that once the Civil War was over, his order - issued as a wartime measure, would be discarded. After all, the text of the proclamation stated that only enslaved individuals residing in states under rebellion were free. Presumably, once the war was over and the states rejoined the union, there would no longer be any state in rebellion, calling into question the validity of executive order. Lincoln knew this, saying quote: “a question might be raised whether the proclamation was legally valid,” end quote. 

Although Lincoln was right to be concerned about the shelf life of the Emancipation Proclamation, there was also some reason to be cautious around passing a constitutional amendment. The last time Congress passed - and the states ratified - an amendment was six decades prior with the 12th amendment prescribing the procedures for electing the President and Vice President in 1804. Despite the risks, Lincoln felt an amendment permanently banning slavery was the best and quickest way to end the civil war. Over the summer of 1864, Congress took up the cause, where it passed in the Senate, but failed in the House. 

Not to be deterred, Republicans used nationwide emancipation as a campaign issue, including on their party platform support for an amendment to the constitution banning slavery. Writing partially quote: “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,” end quote. When Republicans gained several seats in the House in the November elections, it seemed as though it was only a matter of time before an amendment would be reintroduced and passed. 

Lincoln used this victory as a bargaining tool to convince the outgoing Congress to reconsider the amendment. He argued that given the results of the election, it was only a matter of time before Congress passed such a measure. Why, Lincoln argued, delay the inevitable when it could mean ending hostilities that much faster? The President included his argument for passing such an amendment in his fourth message to Congress, writing partially quote: “the abstract question is not changed; but in intervening election shows almost certainly that the next Congress will pass the measure if this does not. Hence 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?” end quote. Committed to the belief that an amendment would be the final blow to the Civil War, Lincoln shifted his attention from war strategies to legislating. From historian and Lincoln biographer Ron C. White, quote: “in his first four years as president, Lincoln had not often become involved in the day-to-day legislative processes of the Congress. But now he turned his full attention to the renewed effort to pass a thirteenth amendment,” end quote. 

Lincoln threw everything he had at ensuring the amendment would pass, including reminding nervous politicians of his power as president. He could bestow patronage appointments, for example, for friends and family of members of Congress. He worked with his Secretary of State William Seward to lobby Missouri Congressman James Rollins to support the amendment. Lincoln knew how politically important it was to get Rollins support; as historian Doris Kearns Goodwin observed, securing the support of states like Missouri would send a message to the Confederacy that border states could quote: “no longer be relied upon to uphold slavery,” end quote. 

Whether Lincoln was successful in his arguments would soon be tested as Ohio representative James M. Ashley introduced the measure on January 6th, 1865 and the House scheduled another vote for the amendment for January 31st. All eyes descended upon the capitol to see if Congress would once and for all pass an amendment to the constitution, with people packing the gallery to be potential witnesses of history. The room was filled with all walks of life; members of the Supreme Court were present as were members of Lincoln’s cabinet. Event Frederick Douglass’ son Charles, who served in the army as part of the Massachusetts’ 54th Regiment, was present and later wrote to his father how he wished the long-time supporter of abolition was there to see it for himself. 

On the morning of the vote there were rumors running rampant about the apparent arrival of peace commissioners within the district. If true, this could throw the whole day into question - if the two sides were able to come to peace without a national ban on slavery, an argument could be made that such an amendment was not truly needed. Additionally, any wavering Democratic politician could decide the vote was unnecessary and that passing the amendment while the confederacy was actively seeking peace could abort any potential for the two sides to come together. When asked if he was aware of any emissaries coming from the Confederacy, President Lincoln chose his words carefully. Although Lincoln knew there were commissioners on their way, he was not sure of their exact location. Therefore when asked, the President only indicated that to his knowledge, there were no representatives within the city limits. 

As the floor opened for debate, Republicans ceded their time to allow their Democratic colleagues an opportunity to defend their decision to vote in support of the amendment, hopefully convincing their constituents back home that although they may be voting in favor of something unpopular in their district, they felt they were doing it for the greater good - reunifying the country. James Rollins, one of the border state representatives Lincoln focused his attention on, spoke before saying quote: “we can never have an entire peace in this country as long as the institution of slavery remains,” end quote. The vote was tense and for a moment, there was concern that the amendment had failed once again. But once the votes were tallied and read aloud, the final count stood at 119 in favor to 56 opposed. The thirteenth amendment passed by just a five vote margin. Immediately, there was a sense of joy that burst throughout the halls of Congress. Some abolitionists felt that now that there was a national ban on slavery, their work was done with famed abolitionist William Lloyd Garrison saying quote, “my vocation, as an abolitionist, thank god, is ended,” end quote. Although not prescribed or otherwise required by the constitution, President Lincoln signed the amendment - likely happy to make his mark on such a monumental occasion. Of the moment fellow Republican Thaddeus Stevens said quote, “the greatest measure of the nineteenth century was passed by corruption, aided and abetted by the purest man in America,” end quote.  

Despite the enthusiasm of some, others were equally skeptical. Frederick Douglass understood that there was still a long road ahead saying quote, “slavery is not abolished under the black has the ballot,” end quote. The text of the amendment - which I read at the beginning of the episode - was simple and straightforward. Or was it? Despite the fact that, if ratified, slavery would no longer be legal, it did not address the overall status of Black Americans. They were no longer to be considered property, sure, but were they citizens? What did citizenship mean? What did it look like? 

As historian Stephen Katrowitz writes quote: “the framers of the amendment did not assume that freedom guaranteed citizenship. Nor did they share a clear, common conception of what rights citizenship respect,” end quote. Although it remained unclear what specifically the amendment would mean for Black Americans, states across the country began the ratification process and the amendment was officially adopted on December 6th, 1865.

Of course, by then the war had ended, President Lincoln had been assassinated and his Vice President Andrew Johnson, a southern sympathizer who held a very different viewpoint on how reconstruction should operate, was in office. After breaking the sixty year dry spell of adding amendments, Congress passed and the nation ratified two more amendments in quick succession with the 14th Amendment granting birthright citizenship to any individuals born inside the United States in 1868, and the 15th Amendment, which granted Black men the supposed right to vote, in 1870. Some historians argue that it wasn’t until Congress took the cause for Civil Rights in 1866 that the power and potential of the thirteenth amendment truly became clear.  

In his analysis of the legacy and impact of the thirteenth amendment, historian Michael Vorenberg points out that despite promising to make freedom for all Americans final, the thirteenth amendment forced the country to work out what exactly that freedom was and what it would mean to future generations. He argues that the amendment was both a byproduct of and catalyst for several developments including a new reframing of the constitution for Americans. He argues quote: “more than any measure since the Bill of Rights, the 13th Amendment allowed Americans to conceive of the constitution as a document that could be altered without being sacrificed,” end quote. According to Vorenberg, by passing the amendment, Americans were able to think about the constitution differently. It was no longer a sacred document that was untouchable, but instead an imperfect framework that Americans could edit and enhance based on the needs of the moment. While amending the constitution was not itself an entirely foreign concept, Vorenberg highlights that doing so to quote: “achieve a major social reform was,” end quote. 

Although there was immediate cause to celebrate the elimination of chattel slavery, the pitfalls of the amendment would quickly become clear. While section one of the amendment outlawed slavery, there was a very clear and concise exception built in. Anyone who was convicted of a crime could be forced to labor without pay as punishment - essentially trading one form of slavery for another. As I will cover more when I get to American life after the Civil War, legislators across the country quickly began writing and implementing Black Codes, significantly curtailing the supposed freedoms Black Americans. These laws - and the violations of them - were used as a mechanism to jail thousands of Black Americans throughout the country, and it was especially common in the south.  

Passed in the last weeks of the Civil War, the Thirteenth Amendment marked a pivotal moment in American history. For Black Americans, it represented the dawn of a new era—a hard-won victory opened the door to making further strides towards civil rights and equality. It symbolized the end of a brutal chapter in their history and provided a legal foundation upon which subsequent struggles for justice could be waged.

But for all the good it brought to the nation, the thirteenth amendment left some pivotal questions unanswered. Questions that would be cause for debate decades after the nation reunified in the name of peace. 

Friends, we have just one more episode dedicated to the Civil War. Can you believe it? I hope you’ve enjoyed my coverage of this pivotal moment in our nation’s history. I know I skipped over the battles and generals, but I hope I succeeded in giving you a different perspective on the conflict and piqued your curiosity enough to dive into some of these topics yourself.

Thanks for tuning and I hope you enjoyed this episode of Civics & Coffee. If you want to hear more small snippets from american history, be sure to subscribe wherever you get your podcasts. Thanks for listening and I look forward to our next cup of coffee together. 

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