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 still be adopted by the state legislatures. It would shield 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 attempted to secede 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. 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. Because it was only ratified in a handful of Northern states and Kentucky, the 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
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".
Legislative history
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, including 57 resolutions proposing constitutional amendments, were introduced in Congress. Most represented compromises designed to avert military conflict. Senator Jefferson Davis proposed one that explicitly protected property rights in slaves. 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. Senator John J. Crittenden proposed a compromise consisting of six constitutional amendments and four Congressional resolutions, 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. The proposed constitutional amendment declared:
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?"
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. 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.
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 majority24–12.