— Ch. 1 · The Constitutional Silence —
Reconstruction Amendments.
~4 min read · Ch. 1 of 6
Thomas Nast's the 12th of January 1867 illustration for Harper's Weekly declared slavery dead with a single stroke of ink. The image showed the Republican argument for federal civil rights legislation taking shape in the public imagination. This visual moment arrived after a sixty-year gap since the Twelfth Amendment of 1804. No other constitutional change had occurred during that entire period. The Civil War had ended only two years prior, leaving the nation fractured and legally adrift. President Abraham Lincoln once described the country as half slave and half free. Radical Republicans like Senator Charles Sumner believed this declarationism justified citing the Declaration of Independence for human rights laws. They pushed to ensure newly granted rights could not be easily repealed by future legislatures.
Abolition And Legal Status
The Senate passed the Thirteenth Amendment on the 8th of April 1864, following extensive legislative maneuvering by the Lincoln administration. The House of Representatives followed suit on the 31st of January 1865, after one unsuccessful vote earlier. Secretary of State William H. Seward proclaimed the measure ratified on the 18th of December 1865. Delaware, New Jersey, and Kentucky remained the only Union states that did not ratify it immediately. Slavery had been tacitly enshrined in Article I, Section 2, Clause 3 of the original Constitution. That clause known as the Three-Fifths Compromise counted enslaved populations for apportioning seats in Congress. Lincoln's Emancipation Proclamation of 1863 freed many people but left their legal status uncertain after the war. This amendment abolished slavery and involuntary servitude except as punishment for a crime.