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.
The phraseology followed pretty closely that of the Ordinance of 1787.
Trumbull adopted it because it was among the household words of the
nation. To become effective as a part of the Constitution, this article
required the votes of two thirds of each branch of Congress and
ratification by the legislatures of three fourths of the States.
Presenting the resolution to the Senate, Trumbull said that nobody could
doubt that the conflict then raging, and all the desolation and death
consequent thereon, had their origin in the institution of slavery; that
even those who contended that the trouble was due to the agitators and
abolitionists of the North must admit that if there were no slavery
there would be no abolitionists. So also it must be admitted that if
there had been no slavery there would have been no secession and no
civil war. All the strife that had ever afflicted the nation, or all
that could be considered menacing to the country's peace, had had its
source in that institution. Various laws had been passed by Congress to
give freedom to slaves of rebel owners and even these laws had not been
executed properly. The President of the United States had issued a
preliminary proclamation in September, 1862, and a final one in January,
1863, declaring all slaves under rebel control free, but not those
under our control. The legal effect of such a proclamation had been a
matter of dispute. Some persons held that the President had the
constitutional power to issue it and that all the slaves designated were
free, or would become so whenever the rebellion should be crushed; while
others contended that it had no effect either _de jure_ or _de facto_.
It was the duty of the lawmaking power to put an end to this uncertainty
by some act more comprehensive than any that had yet been adopted. Would
a mere act of Congress suffice? It had been an axiom of all parties from
the beginning of the Government that Congress had no authority to
interfere with slavery in the states where it existed. We had authority,
of course, to put down the enemies of the country and the right to slay
them in battle; we had authority to confiscate their property; but did
that give us authority to slay the friends of the Union, to confiscate
their property, or to free their slaves? In his opinion the only
conclusive and irrepealable way to make an end of slavery was by an
amendment of the Constitution, and the only practical question remaining
was whether the resolution recommended by the committee could secure a
two-thirds vote in Congress and the concurrence of three fourths of the
states.
Public-domain text, read in full here on John Shaqi.
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