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t links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikisource wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia proposed us constitutional amendment to protect slavery from federal power this article is part of a series on the constitution of the united states preamble and articles preamble i ii iii iv v vi vii amendments to the constitution i ii iii iv v vi vii viii ix x xi xii xiii xiv xv xvi xvii xviii xix xx xxi xxii xxiii xxiv xxv xxvi xxvii unratified amendments congressional apportionment titles of nobility corwin child labor equal rights d c voting rights history drafting and ratification timeline convention signing federalism republicanism bill of rights reconstruction amendments full text preamble and articles i vii amendments i x amendments xi xxvii unratified amendments united states portal law portal politics portal v t e the corwin amendment is a proposed amendment to the united states constitution that has never been adopted but owing to the absence of a ratification deadline could theoretically still be adopted by the state legislatures it would have shielded slavery within the states from the federal constitutional amendment process and from abolition or interference by congress although the corwin amendment does not explicitly use the word slavery it was designed specifically to protect slavery from federal power the outgoing 36th united states congress proposed the corwin amendment on march 2 1861 shortly before the outbreak of the american civil war with the intent of preventing that war and preserving the union it passed congress but was not ratified by the requisite number of state legislatures several southern states seceded after the 1860 presidential election eventually forming the confederate states of america several federal legislative measures including the corwin amendment were proposed during this period in the hope of either reconciling the sections of the united states or avoiding the secession of the border states 1 senator william h seward and representative thomas corwin republicans and allies of president elect abraham lincoln introduced the corwin amendment which was endorsed by the outgoing president james buchanan as well as by lincoln himself in his first inaugural address in 1861 2 because it was only ratified in a handful of northern states and kentucky the corwin amendment failed to achieve its goal of preventing civil war and preserving the union ultimately it fell out of favor during the civil war text edit no amendment shall be made to the constitution which will authorize or give 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 3 4 the text refers to slavery with terms such as domestic institutions and persons held to labor or service and avoids using the word slavery following the example set at the constitutional convention of 1787 which referred to slavery in its draft of the constitution with comparable descriptions of legal status person held to service the whole number of free persons three fifths of all other persons the migration and importation of such persons 5 legislative history edit representative thomas corwin author of the amendment in december 1860 when the second session of the 36th congress was convened the deepening rift between slave states and free states was erupting into a secession crisis the senate quickly formed a committee of thirteen to investigate possible legislative measures that might solve the slavery predicament the house formed a committee of thirty three with the same objective more than 200 resolutions with respect to slavery 6 including 57 resolutions proposing constitutional amendments 7 were introduced in congress most represented compromises designed to avert military conflict senator jefferson davis proposed one that explicitly protected property rights in slaves 7 a group of house members proposed a national convention to accomplish secession as a dignified peaceful and fair separation that could settle questions like the equitable distribution of the federal government s assets and rights to navigate the mississippi river 8 senator john j crittenden proposed a compromise consisting of six constitutional amendments and four congressional resolutions 9 which were ultimately tabled on december 31 on january 14 1861 the house committee submitted a plan calling for an amendment to protect slavery enforce fugitive slave laws and repeal state personal liberty laws 10 the proposed constitutional amendment declared no amendment of this constitution having for its object any interference within the states with the relations between their citizens and those described in second section of the first article of the constitution as all other persons shall originate with any state that does not recognize that relation within its own limits or shall be valid without the assent of every one of the states composing the union 11 while the house debated the measure over the ensuing weeks mississippi florida alabama georgia louisiana and texas had joined south carolina in seceding from the union the contentious atmosphere in the house during the debate was relieved by abolitionist republican owen lovejoy of illinois who questioned the amendment s reach does that include polygamy the other twin relic of barbarism missouri democrat john s phelps answered does the gentleman desire to know whether he shall be prohibited from committing that crime 7 on february 26 congressman thomas corwin who had chaired the earlier house committee introduced his own text as a substitute but it was not adopted the following day after a series of preliminary votes the house voted 123 to 71 in favor of the original resolution but as this was below the required two thirds majority the measure was not passed 11 12 on february 28 however the house returned to and approved corwin s version house joint resolution no 80 by a vote of 133 to 65 just barely above the two thirds threshold 13 14 the senate took up the proposed amendment on march 2 1861 debating its merits without a recess through the pre dawn hours on march 4 when the final vote was taken the amendment passed with exactly the needed two thirds majority 24 12 14 soon afterward it was sent to the state legislatures for ratification the joint resolution containing the corwin amendment called for the amendment to be submitted to the state legislatures 15 as it was believed that the amendment had a greater chance of success in the legislatures of the southern states than would have been the case in state ratifying conventions given that state conventions were being conducted at that time throughout the south at which votes to secede from the union were successful the corwin amendment was the second proposed thirteenth amendment submitted to the states by congress the first was the similarly ill fated titles of nobility amendment in 1810 presidential responses edit outgoing president james buchanan endorsed the corwin amendment by taking the unprecedented step of signing it 16 his signature on the congressional joint resolution was unnecessary as the president has no formal role in the constitutional amendment process 17 abraham lincoln in his first inaugural address on march 4 said of the corwin amendment 18 i understand a proposed amendment to the constitution which amendment however i have not seen has passed congress to the effect that the federal government shall never interfere with the domestic institutions of the states including that of persons held to service holding such a provision to now be implied constitutional law i have no objection to its being made express and irrevocable just weeks prior to the outbreak of the civil war lincoln sent a letter to each state s governor transmitting the proposed amendment 19 noting that buchanan had approved it his letter did not say anything opposing or supporting the amendment itself 20 ratification history edit the corwin amendment has been ratified by ratified amendment ratified then rescinded ratification questionable kentucky april 4 1861 21 22 ohio may 13 1861 23 rescinded ratification march 31 1864 24 rhode island may 31 1861 21 25 a process to rescind the ratification started in 2026 26 maryland january 10 1862 20 27 rescinded ratification april 7 2014 28 illinois june 2 1863 29 rescinded ratification april 4 2022 30 on february 14 1862 prior to the 1863 ratification of the amendment by the illinois general assembly an illinois state constitutional convention purported to ratify the corwin amendment however since illinois state lawmakers were sitting as delegates to a convention at the time and not meeting as the actual state legislature that action was of questionable validity 31 the restored government of virginia consisting mostly of representatives of what would become west virginia voted to approve the amendment on february 13 1862 21 however west virginia did not ratify the amendment after it became a state in 1863 in 1963 more than a century after the corwin amendment was submitted to the state legislatures by congress a joint resolution to ratify it was introduced in the texas house of representatives by dallas republican henry stollenwerck 32 his reason for doing so was likely related to the ongoing desegregation pushed for by the federal government his joint resolution was referred to the house s committee on constitutional amendments on march 7 1963 but received no further consideration 33 in 2026 the rhode island general assembly started a process to rescind its ratification of the amendment 26 attempted withdrawal of amendment edit the corwin amendment as approved by the 36th u s congress march 1861 on february 8 1864 during the 38th congress with the prospects for a union victory improving republican senator henry b anthony of rhode island introduced senate joint resolution no 25 34 to withdraw the corwin amendment from further consideration by the state legislatures and to halt the ratification process that same day anthony s joint resolution was referred to the senate s committee on the judiciary on may 11 1864 illinois senator lyman trumbull chairman of the judiciary committee received the senate s permission to discharge senate joint resolution no 25 from the committee but no further action was taken on anthony s joint resolution 35 debates over hypothetical impact edit the corwin amendment never became law but if it had done so then under the plain meaning rule it would have made slavery immune to the constitutional amendment procedures and to interference by congress as a result the later reconstruction amendments thirteenth fourteenth and fifteenth would not have been permissible as they abolish or interfere with the domestic institution of the states a competing theory however suggests that only the entrenched clauses of the original constitution of which the only one still active is the clause protecting the states equal voting power in the senate can be protected from subsequent amendments under the established amending formula under this theory a later amendment conflicting with an already ratified corwin amendment could either explicitly repeal the corwin amendment as the twenty first amendment explicitly repealed the eighteenth amendment or be inferred to have either superseded or partially or completely repealed any conflicting provisions of an already adopted corwin amendment 36 37 see also edit american civil war portal list of amendments to the united states constitution amendments sent to the states both ratified and unratified peace conference of 1861 references edit samuel eliot morison 1965 the oxford history of the american people oxford university press p 609 lupton john a 2006 abraham lincoln and the corwin amendment illinois heritage 9 5 34 constitutional amendments not ratified united states house of representatives archived from the original on july 2 2012 retrieved november 21 2013 daniel w crofts 2016 lincoln and the politics of slavery the other thirteenth amendment and the struggle to save the union unc press books p 7 isbn 978 1469627328 retrieved november 7 2017 david waldstreicher slavery s constitution from revolution to ratification ny hill wang 2009 prologue meaningful silences pp 3 10 98 99 113 madison succeeded only in getting through a semantic change that kept the slave trade clause from stating directly that there could be property in men isbn missing jos r long tinkering with the constitution yale law journal vol 24 no 7 may 1915 579 1 2 3 ewen cameron mac veagh the other rejected amendments the north american review vol 222 no 829 december 1925 281 2 russell l caplan constitutional brinksmanship amending the constitution by national convention oxford university press 1988 56 amendments proposed in congress by senator john j crittenden december 18 1860 avalon project house committee of thirty three submits proposed amendment history com a e television networks february 1 2019 november 13 2009 retrieved april 13 2019 1 2 orville james victor the history civil political and military of the southern rebellion ny james d torrey 1861 i 463 francis newton thorpe a short constitutional history of the united states boston little brown 1904 207 victor 467 1 2 christiensen hannah the corwin amendment the last last minute attempt to save the union the gettysburg compiler gettysburg pennsylvania civil war institute gettysburg college archived from the original on november 7 2017 retrieved april 13 2019 brandon 219 220 alexander tsesis the thirteenth amendment and american freedom a legal history new york university press 2004 2 hollingsworth v virginia 3 u s 3 dall 378 1798 text of lincoln s first inaugural address accessed july 17 2011 lupton john a 2006 abraham lincoln and the corwin amendment illinois periodicals online retrieved august 4 2016 1 2 harold holzer lincoln president elect abraham lincoln and the great secession winter 1860 1861 ny simon schuster 2008 429 1 2 3 crofts daniel w 2016 lincoln and the politics of slavery the other thirteenth amendment and the struggle to save the union chapel hill university of north carolina press pp 245 250 isbn 9781469627328 acts of the general assembly of the commonwealth of kentucky passed at the called session which was begun and held in the city of frankfort on thursday the 17th day of january 1861 and ended on friday the fifth day of april 1861 resolution 10 frankfort commonwealth of kentucky 1861 pp 51 52 via internet archive amendment kentucky april 4 1861 58 ohio laws 190 61 ohio laws 182 adoption 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