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  1. Overview: United States Thirteenth Amendment 1863-65
  2. Full Record: United States Thirteenth Amendment 1863-65
  3. Committee:The Senate
  4. Session: 1864-04-06 12:00:00
  5. Event type: CREATE_FROM

United States Thirteenth Amendment 1863-65

An amendment to the United States Constitution to abolish slavery introduced during the American Civil War.

The Senate

The Senate of the Thirty-Eighth Session of Congress

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Document introduced in:

Session 3560: 1864-04-06 12:00:00

S. Res. 16 is reported from the Committee of the Whole, with amendments, and debated.

Document View (with components):

S. Res. 16

Shown with amendment 'None' (e866798)

(Showing state at moment e866805)
There is 1 proposed amendment related to this document on which a decision has not been taken.

JOINT 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, [[-e866770](two thirds of both Houses concurring,) That the following articles[-e866770] be proposed to the Legislatures of the several States as an[+e866770] amendments[-e866770] 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 a part of the said Constitution, namely:][-e866770]

ARTICLE XIII. [+e866770]

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SEC[+e866770].All persons shall have the right peaceably to assemble and worship God according to the dictates of th[+e866796] [-e866796]1.r own conscience. [+e866796]

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SEC. 2. The use of [+e866796] Ne[+e866770] public p[+e866796]i[+e866770]ess[+e866796]th[+e866770]ha[+e866796]e[+e866770]l not be obstructed; but criminal public[+e866796]r[+e866770]tions made in one State against the lawful institutions of another State shall not be allowed. [+e866796]

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SEC. 3. The right of citizens to free and lawful speech in public assemblies shall not be denied. Access of citizens to the ballot box shall not be obstructed either by ci[+e866796] [+e866770]il or military pow[+e866796]s[+e866770]S[-e866770]. The militar[+e866796]lashall always be subordi[+e866796]vate t[+e866796]e the existing judicial authority ove[+e866796]rycit[+e866796] ze[+e866796]n[+e866770]s. The pri[+e866796]oilege [+e866796]rf the writ of habeas corpus sha[+e866796] l never be s[+e866796]ispe[+e866796]nded in [+e866796]vhe presence of the judici[+e866796]ol autho[+e866796]lit[+e866796]u. [+e866796]

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SEC.[+e866796]n4. The militia of a State or of the United State[+e866796]t shall not b[+e866796]a employed to invade the lawful [+e866796]rights of the people of any of the se[+e866796]yeral States; but the Un[+e866796] sed States shall not be hereby deprived of the right and power to defend and protect its property and rights within the limits of any of the States. [+e866796]

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SEC. 5. Persons held to service or labor for life, in any State [+e866796]en[+e866796]rvr the laws thereof[+e866796]itmay be taken into any Territory of the United States south of north latitude 36° 30′, and the right to such service or labor shall not be impaired thereby, and the territorial Legislature thereof shall have the [+e866796]udelusiv[+e866796], right to make and shall make all needful rules and regulations for the [+e866796] rotec[+e866796]eion of such right,[+e866796]xcnd al[+e866796]eo for the protection of such persons; but Congress or[+e866796]ptny territorial Legislature shall not have[+e866796] aower to impair or abolish s[+e866796]sch right of service i[+e866796] the sa[+e866796]ad Territory while in a territorial condition without the con[+e866796] ent of all t[+e866796]pe States south of said latitude which [+e866796]uaintain such s[+e866796]nrvice. [+e866796]

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SEC. 6. I[+e866796]ivoluntary servitude, excep[+e866796]shment for crshall not be permanently established [+e866796]iithin t[+e866796]me Dist[+e866796],ict s[+e866796] t apart for the seat of Government [+e866796]w[+e866770]shall [-e866770]United States; but the right of sojourn in such District with [+e866796]n[-e866770]ersons held to service or l[+e866796]o[-e866770]bo[+e866796]t[-e866770] for life shall no[+e866796] [-e866770] be denied. [+e866796]

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SEC. 7. When an[+e866796]ex[-e866770]Territory of the United States south of north latitude 36° 30′ [+e866796]ist in the [-e866770]a population equal to the ratio of representation for one mem[+e866796]Un[-e866770]r of Congr[+e866796]i[-e866770]ss, a[+e866796]t[-e866770]d the[+e866796]e[-e866770]people thereof shall have forme[+e866796]d[-e866770] a constit[+e866796] [-e866770]tion for a repub[+e866796]S[-e866770]ican form of government, it shall be admitted as a State into the Union, on an equal footing with the other States; and the people ma[+e866796]ta[-e866770]in such [+e866796]tes[-e866770]stitution either prohibit or sustain the right to involuntary labor or ser[+e866796]. [-e866770]

e, and al[+e866796] [-e866770]

r or amen[+e866796]A[-e866770] the constitution at their will. [+e866796]

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SEC. 8. The present right of representation in section two, article one, of this Constitution[+e866796]RT. 2. T[-e866770]not be altered without the consent of all the States maintaining the right to involuntary service or labor south of latitude 36° 30′, but nothing in this Constitution or its amendments shall be construed to deprive any State south of said latitude 36° 30′ of the right of abolishing involuntary servitude at its will. [+e866796]

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SEC. 9. The regulation and control of the right to labor or service in any of the States south of latitude 36° 30′ is hereby recognized to be [+e866796]heclus[+e866796] [-e866770]vely the right of each State within it[+e866796]C[-e866770] own limi[+e866796]o[-e866770]s; and this Constitution shall not be altered or amended to impair this right of each State[+e866796]ng[-e866770]reo[+e866770]out [+e866796]f[+e866770]ts conse[+e866796] [+e866770]t: Provided, This article shall not be construed to absolve[+e866796]t[+e866770]ss, w[-e866770]henever[-e866770] p[+e866770]a m[-e866770] from rendering assistance to suppress insurrections or domestic violence[+e866796]aj[-e866770]when called upon by[+e866796]or[-e866796]i[-e866770]ty s[+e866770]State, as [+e866796]h[+e866770]rovided in section four, artic[+e866796]a[+e866770]e four, of this Constitution. [+e866796]

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SEC. 10. No St[+e866796]l[+e866770]te shall pass any law in any way interfering with or obstru[+e866796]l[+e866770]ting th[+e866796] h[+e866770]recovery of fugitives from justice, or from labor or service, or any law of Congress made under article four, section two, of this Constitution; and all laws in violation of this section may, on complaint made by any person or State, be d[+e866796]ave [+e866770 -e866796]be[+e866770]lared void by [+e866796]e[+e866770]he[+e866796]n[+e866770]Supreme Cour[+e866796] [+e866770] [+e866796]d[+e866770]f[+e866796]uly [+e866770] United States. [+e866796]

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SEC. 11. As a right of country between the several States south of latitude 36° 30′ the [+e866796]convi[+e866770 -e866796]of[-e866770]ght of tran[+e866796] [-e866770]it with persons hel[+e866796]t[-e866770] to involuntary labor or serv[+e866796]he[-e866770]e from one S[+e866796] [-e866770]ate to another shall not be obstructed, but such persons shall not be brought [+e866796]m[-e866770]nt[+e866796]e[-e866770] the States [+e866796]m[-e866770]orth of said latitude[+e866796]bers ele[-e866770]ct1[+e866796]ed,[+e866770]The traffic in slaves with Africa is hereby forever prohibited on pain of death and the forfeiture of all the rights and property of persons engaged therein; and the descendants of Africans shall not be citizens. [+e866796]

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SE[+e866796] [-e866770]. 13. Alleged fugitives from labor or service, [+e866796]to[-e866770] request, shall have a trial by jury before bein[+e866796] [-e866770] [+e866796]ea[-e866770]turned. [+e866796]

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SEC. 14. All alleged fugitive[+e866796]c[-e866770] charged with crime committed in violation of the law[+e866796]h [-e866770]of a State [+e866796]House[-e866770] shallthe right of trial by jury, and if such [+e866796] ers[+e866796]e[+e866770]n claims to be a citizen of another State, shall have a right of appeal or of a [+e866796]x[+e866770]rit of [+e866796]is[+e866770]ror[+e866796]t wi[+e866770]th[+e866796]t[+e866770] Supreme Court of the U[+e866796]h[+e866770]ited States. [+e866796]

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SEC. 15. All acts o[+e866796]i[+e866770] any inhabitant [+e866796]n[+e866770]f the United States tending to incite pe[+e866796] [+e866770]sons held to servi[+e866796]the[+e866770]or labor [+e866796] [+e866770]o insurrection or acts of domestic violence, or to abscond, are hereby pro[+e866796]Un[+e866770]bited and declared to be a penal offen[+e866796]i[+e866770]e;[+e866796]te[+e866770]nd all the cou[+e866796]d [+e866770]s of the Un[+e866796]S[+e866770]ted States shall be open to suppress and punish su[+e866796]t[+e866770]h offenses at the suit of any citizen of the United States or the suit of any State. [+e866796]

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SEC. 16. A[+e866796]a[+e866770]l conspiracies in any Stat[+e866796]te[+e866770]to interfere with lawful rights in any other State or against the United States shall be suppressed; and no State or the people thereof shall withdraw from this Union without the consent of three fourths of all the States, expressed [+e866796]s[+e866770]dee[-e866770]n amendment [+e866796]m[-e866770]roposed and ratified in the manner [+e866796] it[-e866770]vided in article five of the Constitution. [+e866796]

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SEC. 17. Whenever any State wherein involuntary servitude is recognized or allowed shall [+e866796] n[-e866770]opose to abol[+e866796]e[-e866770]sh such servitude, [+e866796]c[-e866770]nd shall apply for pecuniary assis[+e866796]e[-e866770]anc[+e866796]ss[-e866770]therein, the Congress may in its discretion grant such re[+e866796]a[-e866770]ief not exce[+e866796]r[-e866770]din[+e866796]y[-e866770] one hundred dollars for each person l[+e866796],[-e866770]berated. But Congre[+e866796] [-e866770]s sha[+e866796]m[-e866770]l not propose such [+e866796]a[-e866770]bolishmen[+e866796]y[-e866770] or rel[+e866796] [-e866770]ef t[+e866796]p[-e866770] any State. [+e866796]

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Congress may assist free persons of African descent to emigrate a[+e866796]r[-e866770]d colonize Africa. [+e866796]

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SEC. 18. Duties on imports may be imposed for revenue; but shall not be excessive or prohibitory in amount. [+e866796]

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SEC. 19. When all of the several States shall have abolished slavery, then and thereafter slavery or involuntary servitude except as a punishment for crime shall never be established or tolerated in any of the States or Territories of the United States, and they shall be forever free. [+e866796]

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SEC. 20. The provisions of this article relating to involuntary labor or servitude shall not be altered without the consent of all the States maintaining such servitude[+e866796]opose amendments to the Constitution[-e866770], or any place subject to[+e866770], on the application of the Legislatures of a majority of[-e866770] their jurisdic[+e866770] several States, shall call a conven[-e866770]tion. [+e866770]

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SEC. 2. Congress[+e866770] for proposing amendments, which in either case[-e866770] shall have power to enforce[+e866770]be valid, to all intents and purposes, as part of the Constitution, when ratified by[-e866770] the Leg[-e866770]is article[+e866770]latures or two thirds of the several States, or[-e866770] by appropriate legisl[+e866770]conventions in two thirds thereof, as the one or the other mode of ratific[-e866770]ation may be proposed by Congress[-e866770].

Decisions yet to be taken

  • S. Res. 16 (introduced on 1864-04-06 12:00:00 - CREATE_FROM - e866768) [This document]
    • Motion for the Yeas and Nays on S. Res. 16 (introduced on 1864-04-08 12:00:00 - PROCEDURE - e728416)

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