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Slavery or involuntary servitude, except as a punishment for crime, shall not exist in the United States. When it came back from the Judiciary Committee, as reported by Mr. Trumbull, it was called Article XIII., and read:
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Sec. 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall {27} exist in the United States or any place subject to their jurisdiction. Sec. 2. Congress shall have power to enforce this article by appropriate legislation.
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States had not been formed. He knew that Congress could do that. The Judiciary Committee, however, did not think it wise or necessary to
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They preferred to make their prohibition apply to the whole country. They knew that the phrase _United States_ was capable of being interpreted to mean only that part of the country where
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States existed, and they preferred and intended to make their prohibition of slavery extend to the whole country. From abundant caution they used the words United States, with the additional words
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States. It laid a new limitation upon their powers, and hence it was thought that Section 8 of Article I. might not apply in the execution of such a provision against the
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States. But if we regard the provision from the point of view of the rights of an individual to his freedom against any
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State law to the contrary, then we must see that the amendment does invest the United States courts with the power to impose the restriction in behalf of the individual seeking deliverance from the attempt of a
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State