A proposed thirteenth amendment to prevent secession, 1861

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Introduction

In the wake of the presidential election of 1860 that brought Abraham Lincoln to the White House, the

slaveholding states of the American South, led by South Carolina, began withdrawing from the nation. In

the midst of this constitutional crisis, President James Buchanan, still in office until Lincoln’s

inauguration in March 1861, tried to reassure the South that their slave property would remain safe, even

under the incoming Republican administration. He asked Congress to draw up what he called an

“explanatory amendment” to the Constitution that would explicitly recognize the right of states to

sanction human bondage and allow slaveholders to retain their human property. In response, the House of

Representatives established a thirty-three member committee under the leadership of Representative

Thomas Corwin of Ohio to prepare a draft for the President’s consideration.

Within weeks, the committee delivered the “Corwin Amendment” to the House, a document many hoped

would mollify the South. This proposed Thirteenth Amendment reflected the apprehension of those who

in late 1860 believed they were witnessing the dissolution of the nation. Without using the word “slavery”

or “slave,” the proposed amendment would deny “to Congress the power to abolish or interfere, within

any State, with the domestic institutions thereof, including that of persons held to labor or service by the

laws of said State.” The amendment, officially designated Joint Resolution No. 80, passed the House of

Representatives in late February by the convincing vote of more than two-thirds of the membership. It

was delivered to the Senate just days before Lincoln’s inauguration and although most members of that

body supported it, opponents were successful in blocking the amendment on a parliamentary technicality.

Lincoln sent the amendment to the states for consideration. Only Ohio and Maryland ratified it. The copy

of the amendment provided here is the one sent to Maryland for approval.

In 1865, at the end of the war, a very different constitutional amendment, bearing the same numerical

designation, was proposed and finally passed; the ratified Thirteenth Amendment ended slavery

throughout the United States.

Questions for Discussion

Read the document introduction and text of the document and apply your knowledge of American history

in order to answer the following questions.

1. Create a chart with a column for abolitionists and another for slaveholders. Divide both columns

in two sections listing how both sides viewed the pros and cons of the proposed Thirteenth

Amendment.

2. Why can it be said that the proposed Thirteenth Amendment in 1861 was a last-ditch attempt to

prevent the nation from splitting apart? Cite specific examples to support your answer.

3. How can you explain the fact that the first Thirteenth Amendment specifically avoids any

mention of the word “slave” or “slavery”?