Discover a shocking constitutional crossroads that has been erased from our history books. Before the 13th Amendment that abolished slavery, Congress passed an entirely different 13th Amendment with the opposite purpose - to forever protect slavery from federal abolition.
Following Abraham Lincoln's election as the first Republican president in November 1860, Southern states feared his anti-slavery platform would threaten their way of life. As South Carolina became the first state to secede just weeks after the election, outgoing Democratic President James Buchanan and the Democrat-controlled Congress made one final attempt to preserve the Union through a constitutional amendment that would permanently protect slavery.
This forgotten amendment passed the House of Representatives on February 28, 1861, and cleared the Senate on March 2 - just two days before Lincoln's inauguration. With the required two-thirds majority in both chambers, the amendment began the ratification process to the states. Had it been ratified by three-fourths of the states, America's constitutional future would have enshrined slavery rather than abolished it.
The Civil War interrupted this process as eleven Southern states formed the Confederacy, withdrawing their congressional delegations and fundamentally altering the political landscape. This pivotal moment represents a critical fork in America's path - would we become a nation that constitutionally protected human bondage, or one that embraced freedom for all? Through the crucible of war, America ultimately chose the latter, adopting the 13th Amendment we know today that abolished slavery throughout the United States.
This fascinating episode reveals how close America came to a radically different constitutional future and reminds us of the power of historical turning points that shape our nation. Hit the like or subscribe button to support Mercer Moments in American History as we continue to uncover the forgotten stories that shaped America.
• The amendment passed both the House (133-65) and Senate (24-12) with the required two-thirds majority
• South Carolina seceded from the Union on December 20, 1860, explicitly citing hostility toward slavery as their reason
• Outgoing President James Buchanan promoted this pro-slavery amendment during the transition period
• The amendment was approved by Congress just two days before Lincoln's inauguration
• The Civil War and secession of 11 Southern states effectively halted the ratification process
• This forgotten amendment has been largely erased from history textbooks and classroom discussions
• America faced a critical decision point between two competing 13th Amendments - one protecting slavery, one abolishing it
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