Joint Resolution Proposing the Thirteenth Amendment
1/31/1865
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This is a draft of a joint resolution proposing the 13th Amendment to the United States Constitution that started in the Senate. A joint resolution is a formal opinion adopted by both houses of the legislative branch. A constitutional amendment must be passed as a joint resolution before it is sent to the states for ratification. This particular resolution became the 13th Amendment, ending slavery in the United States in 1865.
In 1863, President Lincoln had issued the Emancipation Proclamation declaring “all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free.” Nonetheless, the Emancipation Proclamation did not end slavery in the nation since it only applied to areas of the Confederacy currently in a state of rebellion (and not even to the loyal “border states” that remained in the Union). Lincoln recognized that the Emancipation Proclamation would have to be followed by a constitutional amendment in order to guarantee the abolishment of slavery.
The 13th Amendment was passed at the end of the Civil War before the Southern states had been restored to the Union, and should have easily passed in Congress. However, though the Senate passed it in April 1864, the House initially did not. At that point, Lincoln took an active role to ensure passage through Congress. He insisted that passage of the 13th Amendment be added to the Republican Party platform for the upcoming 1864 Presidential election. His efforts met with success when the House passed the bill in January 1865 with a vote of 119–56.
On February 1, 1865, President Abraham Lincoln approved the Joint Resolution of Congress submitting the proposed amendment to the state legislatures. The necessary number of states (three-fourths) ratified it by December 6, 1865. The 13th Amendment to the United States Constitution provides that "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."
With the adoption of the 13th Amendment, the United States found a final constitutional solution to the issue of slavery. The 13th Amendment, along with the 14th and 15th, is one of the trio of Civil War amendments that greatly expanded the civil rights of Americans.
In 1863, President Lincoln had issued the Emancipation Proclamation declaring “all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free.” Nonetheless, the Emancipation Proclamation did not end slavery in the nation since it only applied to areas of the Confederacy currently in a state of rebellion (and not even to the loyal “border states” that remained in the Union). Lincoln recognized that the Emancipation Proclamation would have to be followed by a constitutional amendment in order to guarantee the abolishment of slavery.
The 13th Amendment was passed at the end of the Civil War before the Southern states had been restored to the Union, and should have easily passed in Congress. However, though the Senate passed it in April 1864, the House initially did not. At that point, Lincoln took an active role to ensure passage through Congress. He insisted that passage of the 13th Amendment be added to the Republican Party platform for the upcoming 1864 Presidential election. His efforts met with success when the House passed the bill in January 1865 with a vote of 119–56.
On February 1, 1865, President Abraham Lincoln approved the Joint Resolution of Congress submitting the proposed amendment to the state legislatures. The necessary number of states (three-fourths) ratified it by December 6, 1865. The 13th Amendment to the United States Constitution provides that "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."
With the adoption of the 13th Amendment, the United States found a final constitutional solution to the issue of slavery. The 13th Amendment, along with the 14th and 15th, is one of the trio of Civil War amendments that greatly expanded the civil rights of Americans.
Transcript
Thirty-Eighth Congress of the United StatesAt the Second Session
Begun and held at the City of Washington, on Monday, the fifth day of December, one thousand eight hundred and sixty-four
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 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
Hannibal Hamlin
Vice President of the United States
and President of the Senate
Approved February 1, 1865 Abraham Lincoln
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 1408764
Full Citation: Joint Resolution Proposing the Thirteenth Amendment to the United States Constitution; 1/31/1865; Enrolled Acts and Resolutions of Congress, 1789 - 2011; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://docsteach.org/documents/document/thirteenth-amendment, April 29, 2025]Activities that use this document
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