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The 13th Amendment: Protecting (GLC05631)

www.gilderlehrman.org ★ GLC05631 The 13th Amendment: Protecting Slavery (GLC05631)

In late 1860, President Buchanan urged Congress to come up with an “explanatory amendment” that ensured the South their rights would not be violated. By early February 1861, South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas had all succeeded. In a last ditch effort to salvage the Union Congress convened a peace conference from 8-27 February 1861. Out of these deliberations arose the proposed thir- teenth amendment. Drafted by of , it was also known as the “Corwin Amendment.” It passed the House on 28 February and the Senate on 2 March, just two days before Lincoln took office. Two weeks later, it became Lincoln’s duty to send the Amendment to the states for ratification. (GLC05631) On 16 March, Lincoln sent copies of the resolution to each of the state governors. Note that he does not add his approval or comment to the Corwin Amendment. “I transmit an authenticated copy of a Joint Resolution to amend the Constitution of the United States, adopted by Congress and approved on the 2d of March, 1861, by , President.” (GLC 5631) The 13th Amendment as resolved in 1861 read: “ARTICLE XIII.” “No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institu- tions thereof, including that of persons held to labor or service by the laws of said State.” (GLC09040) Neither side paid much attention to the amendment and the only states to ratify it were and Ohio. As the war progressed, it became apparent that restoration of the Union was undeniably linked to ending slav- ery in all states. Lincoln issued the Emancipation Proclamation in 1863 and made the abolition of slavery a centerpiece of his campaign for reelection in 1864. With his effort, a much different Amendment was passed by Congress in April of 1864 and ratified by the states by the end of that year. The “Corwin Amendment” had no expiration date. “Beginning with the proposed Eighteenth Amendment, Congress has customarily included a provision requiring ratification within seven years from the time of the submission to the States.” This became an issue in 1992, when an amendment proposed in 1789 regarding compensation for Senators and Representatives, was finally ratified, becoming the 27th Amendment. At that time four other amendments, including the one for the protection of slavery, remained open. They have since been closed. This document represents one of the great “what ifs” of history. It had the potential to avert the Civil War, but at the same time, it would have altered or even stopped the progression of American liberties.

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