13th Amendment Passed

When Abraham Lincoln declared the southern slaves free with his Emancipation Proclamation, he did it as a war measure. The Constitution does not give the Federal government the authority to regulate or prohibit slavery, but Lincoln's argument was that he could do it, because it had to be done to win the war. This was shaky legal ground, and it was also unclear what would happen when the war ended. Since emancipation was done as a war measure, if there was no war, would they go back to being slaves?

The United States Congress determined to address this issue, and various bills were debated to determine what should be done. Several different Constitution Amendments were suggested to prohibit slavery. Eventually in early 1864 the Senate Judiciary Committee worked to merge multiple versions into one amendment. The committee introduced it to the Senate on February 10th, and it was passed with a vote of 38 to 6 on April 8, 1864. Next the amendment would have to pass the House, and there it encountered some trouble. In June the amendment failed to pass, with not enough Democrats supporting the measure to reach the two-thirds majority required by the Constitution.

Garrett Davis

Since the southern states were not participating, no one was really arguing in favor of slavery. The Democrats were simply arguing that it would violate the principles of state's rights to give the Federal government control over slavery, which was part of the internal government of the states. Senator Garrett Davis of Kentucky argued that the proposed amendment:

strikes at one of the most essential principles of our commingled system of national and of State governments. ... The absorption of the sovereignty ... to the general Government ... would be revolutionary and destructive of our system....¹

John Hale

The Republicans argued that slavery was evil, and that it stood against the principles under which the United States had been founded. They believed that the time had come to rid the nation of an evil and unchristian blot on its record. John Hale of New Hampshire said,

We have had upon the pages of our public history, our public documents, and our public records some of the sublimest truths that every fell from human lips; and there never has been in the history of the world a more striking contrast than we have presented to heaven and earth between the grandeur and sublimity of our professions and the degradation and infamy of our practice.²

After many debates, the House did not have the votes to pass the amendment. Abraham Lincoln supported it, but not publicly, as he did not want to hurt his chances in the November 1864 election. After he was safely reelected, he turned his attention to getting the amendment passed as quickly as possible. Republican politicians like Secretary of State William Seward were willing to use any means necessary to win over votes. Government jobs or even direct bribes were offered to Democrats to try to convince them to change their position. Lincoln himself worked to convince representatives to support the amendment.

The 13th Amendment, with Lincoln's signature

The final vote was held on January 31st, 150 years ago today. Neither side was sure how the vote would go. When the tally was made, the amendment passed 119-56, just over the two-thirds requirement. Sixteen Democrats joined all of the Republicans to pass it. The House and galleries broke out into celebrations when the amendment was passed. Although he had no formal role in the process, Abraham Lincoln added his signature to the joint resolution of Congress.

Congress passes the amendment

This was only the first step of the amendment process. The 13th Amendment still had to be ratified by three quarters of the states. Back in 1861 Congress had passed the Corwin Amendment, which would have guaranteed the protection of slavery to try to prevent the southern states from leaving the Union, but it was not ratified by enough states. The 13th Amendment was quickly ratified by every state remaining in the Union except for Delaware and Kentucky. Under the northern view the southern states were still in the Union, just in a state of rebellion, so they were necessary to reach the three quarters required. Reconstruction governments in Virginia and Louisiana ratified it. In the process of reconstruction the other southern states were told that to be readmitted to the Union they had to pass the amendment. Enough did so by the end of 1865 that Seward certified the amendment on December 18.

Blue: Ratified amendment
Green: Ratified amendment after it was enacted
Pink: Rejected amendment, later ratified after enactment

The 13th Amendment was a major step in the process of Reconstruction. By it the Federal government legitimized and permanently established the Emancipation Proclamation, ensuring that slavery would be outlawed in the southern states. By the way it was ratified, a precedent was set. The rebellious states would not be immediately readmitted to the Union. Conditions would be put upon the reconciliation, to ensure that the reestablished Union was upon those terms which the North believed necessary.

1. Great Debates in American History, (New York: Current Literature Publishing Company, 1915) vol. 6, p.
2. Ibid, p. 400.

Battle of Fort Fisher

Fort Fisher

After many Union expeditions against the south, there was only one major port still in Confederate hands – Wilmington, North Carolina. In December, 1864 the Federals set out to close it, but first they had to capture Fort Fisher. A Union squadron under Rear Admiral David Porter was sent, along with an army under Benjamin Butler. The navy bombarded the fort on December 23, but it did little damage. Fort Fisher was built out of dirt, which absorbed the shock of the balls much better than masonry forts like Fort Sumter. Two days later Butler's army landed and began preparing to assault, but the entire expedition was called off when news arrived that a division of Confederate reinforcements was coming, and Butler called off the expedition, in direct disobedience to orders.

Butler

Grant and Lincoln were upset by Butler's failure. Butler was a Democrat politician. Since Lincoln had just won reelection to the presidency he no longer needed the worry about the repercussions of punishing Butler. Therefore Butler was removed from command. 9,000 Federal troops were sent back to Fort Fisher, this time under the command of Major General Alfred Terry, who had experience in this type of warfare from the siege of Charleston. By this time the garrison of Fort Fisher was 1,900 strong. The 6,400 man strong division under Robert Hoke was stationed just north of the fort. These were all under the command of Major General W. H. C. Whiting. On January 13 the Federal infantry landed between Fort Fisher and Hoke's forces, which did not attempt to stop the landing.

Porter on one of his ships

On January 15, 150 years ago today, the attack on the fort began. Terry and David Porter had developed a plan with good coordination between army and navy. The fight began with Porter's ships bombarding the Confederate works. They successfully silenced most of the Confederate guns. The a force of 2,000 sailors and marines landed it assault the fort's seaward face, while Terry's infantry attack and the land side. The assault of the navy troops was a failure. The plans for the marines to lay down a covering fire were not executed, and all of the Federals tried charging toward the fort's Northeast Bastion. From there the Confederate drove them back with heavy casualties.

Navy sailors attacking the fort

This attack did draw the defender's attention away from the landward side. At 2:00 pm the Union division under Adelbert Ames charged forward. An advance part used axes to cut through the obstacles around the fort, while the rest of the troops followed close behind. Although many soldiers fell, shot by snipers on the wall, the Federals pushed forward and gained the interior of the fort. The fight, however, was still not over. Confederates still continued to resist, and the remaining guns on the seaward side were turned on the wall which had fell into Yankee hands. Whiting himself gathered some Confederate defenders and personally led a counterattack. It was driven back, and Whiting himself badly wounded. He would later die after the battle.

Federals attacking Fort Fisher

The Federal assailants continued to push forward, driving back Confederate resistance. They were ably supported by Porter's ships, which continued to lob shells int o the fort. However, after hours of fighting, they still had not secured the fort. Both sides were behind defensive positions and the fighting raged on after sunset. Colonel William Lamb, the Confederate who was directly responsible for the fort's defenses, gathered what survivors he could to try to make a united counterattack, but he himself fell wounded. During the battle, Whiting had been send messages to department commander Braxton Bragg begging for more troops. Bragg did not believe the fort was in serious trouble, and instead sent Alfred Colquitt to relieve Whiting.

Soon after Colquitt landed at the fort, the situation began to deteriorate rapidly. The Federlas were determined to win the fort that night, and the Federals sent a flanking party outside the wall to strike the last pocket of Confederate resistance. This pressure was too much to bear. Colquitt and his staff realized what was happening, and hurried to escape in their rowboats. The rebels in the last traverse raised a white flag to announce the fort's surrender. At 10:00 pm the fort was officially turned over to the Federals.

A cannon in Fort Fisher, whose mussel was shot away during the battle

This fort was one of the most fiercely contested during the entire Civil War. The casualties were high, but the number was increased even further when the fort's magazine exploded the next day, killing and injuring 200 Federal soldiers and Confederate prisoners sleeping on its roof. The losses from this battle were 1,341 Federals and 583 Confederate killed and wounded, with the rest of the garrison falling prisoner. With Fort Fisher in Union hands, Wilmington fell a month later. All of the major sea ports were now Federal hands.

USS Mahopac