Thirteenth Amendment to the United States Constitution
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 article 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.
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). |
|
This amendment completed the abolition of
slavery, which had begun with President
Abraham Lincoln's
Emancipation Proclamation of
1863. The Emancipation Proclamation had only applied to slaves being held in areas that were in rebellion against the United States at the time of the Proclamation. Slaves in areas then controlled by the
Union were not freed until this amendment took effect (However, some states where slavery was formerly legal had changed their constitutions in the meantime).
The
Supreme Court has ruled that the Thirteenth Amendment does not prohibit
mandatory military service in the United States. Interestingly enough, the 13th Amendment makes the use of the "chain gang" or other methods of involuntary servitude by convicted criminals constitutional in the United States, as long as the methods of enforcing the servitude are not "cruel and unusual" (floggings, beatings, etc.).
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[United States v. Rowe, 73 Federal Supplement 76, as cited by ]