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.

Election of 1864

Lincoln

Throughout Lincoln's term as president there was significant resistance to him in the north. On one side there were the Radical Republicans who did not think Lincoln was firm enough on the issue of slavery, and on the other were the Democrats, some of whom even wanted immediate peace with the south. As the election of 1864 approached, it was clear that there would be obstacles in Lincoln's path for reelection. By the time of the election, the war had stretched on for nearly four bloody years, and there were many who did not think Lincoln was the man to end it.

Frémont's campaign poster

Early in the year Lincoln foiled plans from Salmon P. Chase, his Secretary of the Treasury, to become president. The Radical Republicans did nominate a candidate. At a convention in May, the “Radical Democrats,” as they called themselves, chose John C. Frémont, a former Union general. Frémont accepted the nomination, but offered to resign if Lincoln did not run for reelection. Lincoln did run, but Frémont dropped out anyway, in exchange for the resignation of Postmaster General Montgomery Blair, a Democrat.

Lincoln and Johnson

Lincoln did not run again as a Republican. Instead his supporters held the National Union Convention, an alliance of the Republicans with some War Democrats. The idea was that they were putting aside politics, and instead focusing on winning the war. To strengthen the coalition, vice president Hannibal Hamlin, a Republican, was replaced with Andrew Johnson, the military governor of Tennessee and a Democrat.

The Democrats also ran a candidate, but their party was badly divided. Some wanted to continue fighting the war until the Union was reestablished, others wanted an immediate negotiated peace. This strife was evident in the results of the convention, held in Chicago. They nominated George B. McClellan, the general, for president, and George Pendleton, Representative from Ohio, for vice-president. The party platform was anti war, calling for immediate cessation of hostilities. But they had nominated McClellan, who was continuing the war.

Cartoon of McClellan

The division among the Democrats caused confusion in the advertising and propaganda during the campaign. The Republicans argued that McClellan's election would mean armistice, peace and despotism. Their motto was “Don't change horses in the middle of a stream,” trying to win the support of War Democrats so Lincoln could win the war. Early in the year, Lincoln did not believe that he could win reelection, and hoped to win the war before he would turn over the presidency. By November, the tide had turned. With the fall of Atlanta in September it seemed that the Union was winning battles, and that ultimate victory was in site.

Republican campaign poster

Although as the election approached things were looking up for Republicans, it was still far from a sure thing. Republicans worked to get Nevada's statehood approved at the eleventh hour, as they believed those votes would go to Lincoln. Congress had voted to allow Nevada to join back in March, along with Colorado and Nebraska, but before statehood could be finalized they needed to receive state constitutions adopted by popular conventions. Nebraska voted against becoming a state and Colorado did not adopt a Constitution. Nevada, however, passed a constitution, but the copies they sent to Washington did not arrive. Finally the governor decided to telegraph the constitution to Washington. It took two days to send the more than 16,000 words. This was the longest telegraph sent up to that point. The bill for the telegraph was $4,303.27 - more than $63,000 today. With the constitution sent in, Nevada was admitted to the Union on October 31. Just a week later, Lincoln carried the state in the election.

The election was held on November 8th, 150 years ago today. In an era before electronic vote counting or instant communication, election results could take weeks or months to arrive. But by the night of November 8th, enough counts had come in to be pretty certain that Lincoln would be reelected. The result turned out to be a Lincoln landslide. He won 212 electoral votes to McClellan's 21, loosing only New Jersey and Kentucky. The popular vote was significantly closer, with Lincoln winning 55% to McClellan's 45%. The Republicans also increased their majority in both the House and Senate. The voters had approved Lincoln's conduct of the war.

Late at night Lincoln gave a speech from the White House to a group of Pennsylvanians who were serenading him with a band. He said:

[A]ll who nave labored to-day in behalf of the Union organization have wrought for the best interests of their country and the world, not only for the present, but for all future ages. I am thankful to God for this approval of the people. … I do not impugn the motives of any one opposed to me. It is no pleasure to me to triumph over any one; but I give thanks to the Almighty for this evidence of the people's resolution to stand or free government and the rights of humanity.

Lincoln in 1864

Fall of Atlanta

Confederate artillery position

After John Bell Hood's disastrous attacks on Sherman's lines around the town of Atlanta, Georgia, the campaign fell into a siege. The Federals positioned artillery and began to shell the town. The Confederate artillery defending the town replied, and the bombardment continued on and off for days. Sherman also sent his cavalry on raids to try to cut the rebel supply lines south of the city. The more skillful Confederate horsemen repulsed these raids, foiling Sherman's plans. He did not want to try to storm the Confederate works. They were strong, and he knew the difficulty of attacking a well fortified position from his reverses at Vicksburg and Kennesaw Mountain. Instead he moved against the railroad in the Confederate rear with a much larger force – six of his seven corps.

A house in Atlanta used by Confederate sharpshooters and hit by Union artillery

Hood received intelligence of the Federal movement, and detached two corps under William Hardee to meet it, but he did not realize the true scale of the attack. On August 31st Hardee attacked Sherman's forces, but both corps did not engage in unison, and one of them was drive off easily by the Federals. The next day Sherman sent several of his corps against a salient in the Confederate line. The rebels fought hard, but the Federals pushed on, and after hand to hand combat broke through the Confederate line. Hardee's men fell back, and Jonesboro and the railroad fell firmly into Union hands. Back in Atlanta, John Bell Hood realized his supply line had been cut, and determined he had no hope of holding the town. The Confederates abandoned Atlanta that night, and the Federal troops occupied it the next day. As Sherman wrote triumphantly two days later, "Atlanta is ours, and fairly won."

Atlanta's railroad in ruins

The fall of Atlanta signaled the end of the campaign. Sherman had captured his objective, though without completely eliminating the Confederate army. It came at a very providential time for the Union cause. Abraham Lincoln was in the midst of a reelection campaign. General George B. McClellan had just been nominated by the Democratic party to run against him. Lincoln was not hopeful about his chances for reelection. He had written just a few days before, on August 23rd, “This morning, as for some days past, it seems exceedingly probable that this Administration will not be re-elected.” The victory of Atlanta was a major turning point in the campaign. For months the fighting had continued to slog along, especially between Grant and Lee in Virginia, with heavy casualty bills but little to show for it. The fall of Atlanta was a major accomplishment, and it gave the northern people hope that the war was winnable, and before long the nation would be reunified.

Lincoln campaign poster