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Did You Know? - The Corwin Amendment (1861) · Voices Of Life

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This is the Voices of Life podcast. Today's episode
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is part of our Did You Know series, a journey
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into the forgotten corners of American history,
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stories that shaped our nation, moments that
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still speak to us today. In this episode, we
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explore the Corwin Amendment of 1861, a constitutional
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proposal made on the eve of the Civil War, a
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moment when America stood at a crossroads. And
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now, your host, Pastor David, guiding us through
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history with clarity, conviction, and hope. Welcome
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to the Voices of Life podcast, a ministry of
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the Church for Life. I'm Pastor David. Did you
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know, just a few weeks before the Civil War began,
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the United States Congress approved a constitutional
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amendment designed to permanently protect slavery
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in states where it already existed? and even
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attempted to make that protection immune from
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future amendments it was called the corin amendment
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and it remains one of the most extraordinary
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constitutional proposals in american history
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let's walk through the full story the facts the
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context the politics and the consequences nothing
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shaded nothing omitted this is exactly what went
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on at that time and we don't do things that are
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politically correct because we want you to understand
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what the people were feeling at that time the
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proposed amendment declared no amendment shall
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be made to the constitution which shall authorize
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or give to congress the power to abolish or interfere
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with any state with the domestic institutions
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thereof including that of persons held to labor
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or service by the laws of said state the phrase
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Persons held to labor or service was a legal
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language of the era referring to enslaved people.
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This amendment attempted something unprecedented.
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It sought to amend the amendment process itself,
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forbidding any future amendment from granting
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Congress power over slavery. A self -entrenching
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amendment. A constitutional lock on slavery.
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So why was this proposed? Well, the nation was
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breaking apart. After Abraham Lincoln's election
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in November of 1860, South Carolina seceded.
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Mississippi, Florida, Alabama, Georgia, Louisiana,
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and Texas followed. The Confederacy was formed
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in February of 1861. Many in Congress believed
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that if the federal government promised not to
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interfere with slavery, the remaining slaveholding
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states, especially the border states, might stay
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in the Union. The amendment was introduced by
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Thomas Corwin of Ohio. Thomas Corwin was a man
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who personally opposed slavery's expansion but
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believed compromise might prevent war. It was
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the federal government's final constitutional
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attempt to stop the disunion. Congress approved
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the amendment with the required two -thirds vote.
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In the House, 133 to 65, and in the Senate, 24
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to 12. It was sent to the states on March 2,
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1861, two days before Lincoln's inauguration.
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Outgoing President James Buchanan signed the
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joint resolution, even though amendments do not
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require presidential approval. His signature
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had no legal effect, but it signaled his support
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of the compromise. Lincoln, upon taking office,
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allowed the amendment to continue forward to
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the states. He did not block it, delay it, or
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discourage its transmission. Now, to understand
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the full picture of Lincoln's position, before
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the Civil War, Lincoln consistently argued, number
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one, the federal government lacked constitutional
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authority to abolish slavery in states where
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it already existed. He argued that Congress could
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restrict slavery in territories, but not in states.
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And finally, the Corwin Amendment merely made
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explicit what was believed the Constitution already
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implied. In his first inaugural address, Lincoln
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said he had no objection to the amendment. This
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is a crucial historical fact. Lincoln did not
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support slavery, but he did support the Constitution
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limits that prevented federal abolition at that
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time. State ratification attempts. Here's the
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complete list. Only a few states ratified or
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attempted to ratify. Ohio ratified it, but then
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later rescinded it in 1864. now whether you can
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rescind a ratification or not that's a whole
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different question maryland illinois approval
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came from a constitutional convention that was
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being held at the time not the legislature so
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some people would say it was generally considered
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invalid but if they're doing a constitutional
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amendment to their own state constitution it
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could be valid so that would be a point of law
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to for the courts Considered but not ratified
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was Kentucky. They debated it but did not complete
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ratification. Rhode Island. It was introduced
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in committee. New York. Discussed but no final
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action. Missouri. Considered during secession
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crisis. And Delaware. Debated but did not ratify.
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These details show that interest in the amendment
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was broader than commonly reported. The issue
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was the war had basically already started. and
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that war between the Union and the Confederacy
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was on more people's minds than a constitutional
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amendment. The border states were the real target
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of this amendment. The amendment was aimed at
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slaveholding states that had not succeeded, and
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that was Kentucky, Missouri, Maryland, and Delaware.
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Congress hoped the amendment would keep the states
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loyal to the Union. In some cases, it helped.
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Maryland ratified it because they wanted to stay
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in the Union. Now, Republican Party support.
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Contrary to modern assumptions, many Republicans
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supported the amendment because, one, they believed
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slavery was already constitutionally protected.
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They wanted to prevent war. They saw the amendment
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as a clarification, not a moral endorsement.
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This is a major historical nuisance often omitted,
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and it's because it was the Democrats that passed
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all this. It was Democrats, for the most part,
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that held slaves. So, the Republicans, for the
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most part, wanted to try to keep the peace, and
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that was their way of doing so. Now, the Confederate
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reaction? Well, remember, they've already drafted
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their Constitution, they've already elected a
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president, all those things, so the Confederate
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states ignored the amendment entirely. You know,
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it was like too little, too late. If they would
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have done this earlier, prior to all that happening,
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who knows what it could have done. But see, they
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already drafted their own Constitution, which
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explicitly protected slavery. They required its
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expansion into new territories, and they forbid
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any law impairing slaveholder rights. By the
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time the Corrin Amendment reached the states,
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the Confederacy had moved on. So why did this
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fail? Events overtook it almost immediately.
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Seven states had already seceded. The Confederacy
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was formed. Fort Sumter was attacked on April
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1861. Public opinion shifted from compromise
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to preserving the Union. By 1864, Congress was
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considering a very different amendment. The one
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that would abolish slavery entirely. So, a tale
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of two amendments. Had the Corwin Amendment been
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ratified, it would have become the 13th Amendment.
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Instead, the amendment we know today as the 13th
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Amendment was adopted in 1865, abolishing slavery
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nationwide. The Corwin Amendment preceded it
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in 1861. The 13th Amendment went into effect
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in December of 1865. The Corinth Amendment protected
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slavery. The 13th Amendment abolished slavery.
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Either way, it was never ratified, and the 13th
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Amendment was ratified on December 6, 1865. The
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Corinth Amendment was supposed to prevent war,
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and the 13th Amendment resulted from the Civil
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War. The Corinth Amendment entrenched slavery,
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and the 13th Amendment destroyed it. So is it
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still pending? Well, technically yes, because
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Congress set no ratification deadline. The Quorum
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Amendment remains legally pending. However, it
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does conflict with the 13th, 14th, and 15th Amendment.
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So some scholars will say it cannot be enforced
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even if ratified. Others say it would invalidate
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the 13th, 14th, and 15th Amendment. So constitutional
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scholars differ where that goes. Some will say
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it's obsolete. Some say, depends on how the mood
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of the country is it survives only right now
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as a historical artifact a window into the final
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days before war but it has a historical significance
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the corinth amendment represents the federal
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government's last major constitutional compromise
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to preserve the union the extreme length leaders
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were willing to go to avoid war the constitutional
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tension between slavery states rights and federal
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authority The moment when compromise failed and
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conflict became inevitable. Just over a month
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after Congress approved it, the Civil War began.
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Four years later, the Constitution was amended
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not to protect slavery but to abolish it forever.
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History teaches us that the nations face moments
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when compromise is no longer enough, when truth
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must be confronted. The Corwin Amendment reminds
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us that fear can drive desperate choices. But
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providence guides history toward justice. And
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even in our own time, we are called to steward
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freedom with courage, clarity, and conviction.
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May we be faithful to that calling. My friends,
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as we close today's Voices of Life episode, I
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want to leave you with this thought. History
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is not just a record of what happened. It is
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a mirror that shows us who we were, who we are,
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and who we are becoming the story of the corwin
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amendment reminds us that our nation once stood
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at a crossroads where fear division and uncertainty
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pushed leaders to grasp for compromise rather
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than confront the deeper moral truth before them
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yet even in that moment providence was already
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moving the same nation that nearly amended its
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constitution to protect slavery forever would
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only four years later amend it to abolish slavery
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forever That is the power of conviction. That
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is the power of courage. And that is the power
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of people who ultimately choose justice over
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convenience. As we reflect on this chapter of
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history, may it strengthen our resolve to stand
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firm in our own time, to be people who choose
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truth, who defend dignity, and who walk humbly
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with God. Thank you for joining me today. It
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is an honor to walk through these stories with
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you, to learn from them, and to carry their lessons
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forward. Until next time, may the Lord bless
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you and keep you. May He make His face shine
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upon you and be gracious to you. And may He grant
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peace to you, your family, and this great nation
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we love. I'm Pastor David. Thank you for joining
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us on the Voices of Life podcast. Another step
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in understanding our nation's story. Another
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reminder of the lessons history still teaches.
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We hope today's Did You Know? episode encouraged
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you, inspired you, and strengthened your walk
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forward. For more episodes, visit Voices of Life
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online and stay connected as we continue exploring
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America's past and the faith that guides our
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future. Until next time, may God bless you and
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may God bless the United States of America.