Made By National Constitution Center13th Amendment
Abolition of Slavery
The Senate passed the amendment in April 1864, settling on language with bipartisan appeal. The House then rejected it. Following battlefield victories and Lincoln’s reelection, Congress reconsidered, approving it in January 1865. It was ratified December 6, 1865.
Special thanks to Kurt Lash from the University of Richmond School of Law for generously sharing his research and expertise on the Reconstruction Amendments. Kurt Lash, The Reconstruction Amendments: Essential Documents (University of Chicago Press, 2019). Read the full textThe Drafting Process
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1787
1807
1860
1861
Event
Congress attacks slavery
In 1861 and 1862, Congress passed a series of laws that attacked slavery. Across the South, enslaved people were coming into the lines of the U.S. Army and Navy, seeking freedom. One set of laws diminished slave owners’ legal claims on those people. The other set abolished slavery in Washington, D.C., and the federal territories.
1862
Event
Lincoln issues Emancipation Proclamation
Abraham Lincoln used his presidential war powers to declare slavery abolished in areas under rebellion. The Emancipation Proclamation promised freedom to around 3.2 million slaves, but only a constitutional amendment would finally settle the issue of slavery.
1863
Event
Lincoln delivers Gettysburg Address
At the dedication of Gettysburg’s National Cemetery, Lincoln embraced the Declaration of Independence, recalling how the nation was “conceived in Liberty, and dedicated to the proposition that all men are created equal.” By resurrecting these promises, Lincoln committed post-war America to “a new birth of freedom.”
1863
Ratification
Representatives introduce abolition amendments in the House
Two representatives—James Ashley and James Wilson—each introduced proposals for an abolition amendment, which were then sent to committee.
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1863
Representatives introduce abolition amendments in the House
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1864
War Democrat Henderson introduces abolition amendment in the Senate
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1864
Senate passes the amendment
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1864
Amendment fails in House
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1865
House reconsiders the amendment
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1865
Congress passes the 13th Amendment
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1865
13th Amendment is ratified
Result
Proposed in Congress
1863
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Draft — December 13, 1863
Ashley proposes abolition amendment in the House
1863
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Draft — December 13, 1863
Wilson proposes abolition amendment in the House
1864
Ratification
War Democrat Henderson introduces abolition amendment in the Senate
John Brooks Henderson—a key War Democrat and former slaveholder—proposed an abolition amendment in the Senate. Republicans sought to attract Democratic support, making it a bipartisan initiative.
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1863
Representatives introduce abolition amendments in the House
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1864
War Democrat Henderson introduces abolition amendment in the Senate
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1864
Senate passes the amendment
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1864
Amendment fails in House
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1865
House reconsiders the amendment
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1865
Congress passes the 13th Amendment
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1865
13th Amendment is ratified
Result
Proposed in Congress
1864
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Draft — January 10, 1864
Henderson proposes abolition amendment in the Senate
1864
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Draft — February 7, 1864
Sumner promotes equality
1864
Event
Reverdy Johnson's speech in the Senate
Senator Reverdy Johnson—a powerful Democrat from Maryland—delivered a pivotal speech supporting the amendment. He argued that “a prosperous and permanent peace can never be secured if [slavery] is permitted to survive.” This speech revealed growing support for abolition in the loyal border states.
1864
Ratification
Senate passes the amendment
The Senate passed the abolition amendment on April 8, 1864. Although Charles Sumner’s proposal failed, he argued that an abolition amendment would bring “the Constitution into avowed harmony with the Declaration of Independence.”
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1863
Representatives introduce abolition amendments in the House
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1864
War Democrat Henderson introduces abolition amendment in the Senate
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1864
Senate passes the amendment
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1864
Amendment fails in House
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1865
House reconsiders the amendment
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1865
Congress passes the 13th Amendment
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1865
13th Amendment is ratified
Result
Passed by Senate
1864
1864
Ratification
Amendment fails in House
In June 1864, the House voted on the proposed amendment. It received a majority, but not the two-thirds supermajority needed to send it to the states for ratification. The future of the amendment would depend on the 1864 election.
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1863
Representatives introduce abolition amendments in the House
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1864
War Democrat Henderson introduces abolition amendment in the Senate
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1864
Senate passes the amendment
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1864
Amendment fails in House
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1865
House reconsiders the amendment
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1865
Congress passes the 13th Amendment
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1865
13th Amendment is ratified
Result
Passed by Senate, failed in House
1864
1864
Event
Nation reelects Lincoln
The nation held a presidential election during the war. Lincoln defeated George McClellan, his former top general. Many soldiers were able to vote, and they voted overwhelmingly for Lincoln. Republicans also gained seats in Congress, putting them in a strong position to pass the amendment. The key question was whether the “lame-duck” Congress would act.
1865
Ratification
House reconsiders the amendment
The lame-duck House revived the debate over the abolition amendment passed by the Senate. The composition of the House had not changed, but Lincoln’s reelection, battlefield victories, and Republican gains in Congress contributed to renewed interest in passing the amendment.
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1863
Representatives introduce abolition amendments in the House
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1864
War Democrat Henderson introduces abolition amendment in the Senate
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1864
Senate passes the amendment
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1864
Amendment fails in House
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1865
House reconsiders the amendment
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1865
Congress passes the 13th Amendment
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1865
13th Amendment is ratified
Result
Passed by Senate, voted on by House
1865
Ratification
Congress passes the 13th Amendment
After much debate, the House passed the abolition amendment, sending it to the states for ratification.
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1863
Representatives introduce abolition amendments in the House
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1864
War Democrat Henderson introduces abolition amendment in the Senate
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1864
Senate passes the amendment
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1864
Amendment fails in House
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1865
House reconsiders the amendment
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1865
Congress passes the 13th Amendment
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1865
13th Amendment is ratified
Result
Passed by Senate and House, sent to states for ratification
1865
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Draft — January 30, 1865
The 13th Amendment
1865
Final
Ratification
13th Amendment is ratified
The 13th Amendment transformed the Constitution. Before the war, Americans generally agreed that the Constitution prohibited the national government from interfering with slavery in the states. The amendment changed that, making slavery and involuntary servitude illegal everywhere and giving Congress the power to enforce that ban.
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1863
Representatives introduce abolition amendments in the House
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1864
War Democrat Henderson introduces abolition amendment in the Senate
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1864
Senate passes the amendment
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1864
Amendment fails in House
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1865
House reconsiders the amendment
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1865
Congress passes the 13th Amendment
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1865
13th Amendment is ratified
Result
Ratified by three-fourths of the states
Study the Process
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Compare How the Language Changed over Time
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The 13th Amendment
By passing the 13th Amendment, the Reconstruction Republicans pushed something that would have been unimaginable before the Civil War—immediate, uncompensated emancipation. Senate passed in April 1864 (38-6), but it failed in the House that June. House later passed (119-56), and it was sent to the states for ratification.
Section One
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 Two
Congress shall have power to enforce this article by appropriate legislation.
Select a document
The 13th Amendment
By passing the 13th Amendment, the Reconstruction Republicans pushed something that would have been unimaginable before the Civil War—immediate, uncompensated emancipation. Senate passed in April 1864 (38-6), but it failed in the House that June. House later passed (119-56), and it was sent to the states for ratification.
Section One
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 Two
Congress shall have power to enforce this article by appropriate legislation.
Analyze provisions from this text
Select a provision to learn more about the language and its implications.
Select a document
The 13th Amendment
By passing the 13th Amendment, the Reconstruction Republicans pushed something that would have been unimaginable before the Civil War—immediate, uncompensated emancipation. Senate passed in April 1864 (38-6), but it failed in the House that June. House later passed (119-56), and it was sent to the states for ratification.
Select a document
Select a document to learn more about how it changed over time
Select a provision to learn more what’s changed
Section One
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 Two
Congress shall have power to enforce this article by appropriate legislation.