The history of this is long and sorted but before I get to that it should be noted that it was many years before the country decided to amend the constitution again it goes without saying that this idea of amending the constitution seems to gain force the more time goes by.
The issue that brings this up is of course for many years slavery was still legal in this country after the passing the Constitution, It probably goes without saying that a large and very costly Civil War was fought, IMHO, of succession from the union but slavery was most certainly a catalyst issue for both side. That said this amendment was initially proposed while the Civil War was still going on in December of 1863.
The original proposal read this way:
All persons are equal before the law, so that no person can hold another as a slave; and the Congress shall have power to make all laws necessary and proper to carry this declaration into effect everywhere in the United States
It should be noted that there was a fight about this. Mostly this was due to the fact that southern states were not going to be present for this debate because the War was going on. This meant that the votes went 38-6 in the Senate and 93-65 in the house which means the House lacked the necessary two-thirds to make it a reality in February of 1864. It should be noted that only four Democrats voted for it and the Republicans basically sponsored and pushed the Amendment. This became more apparent when Abraham Lincoln during the presidential race of 1864 pushed to have the passage of the 13th amendment as part of the party platform. In January of 1865 the Bill although modified to include the idea the slavery could be used as punishment for a crime. Passed but that does not end the story.
The state ratification process took much longer and it went well on into 1865 after the war was over, It officially became part of the Constitution in December of 1865. It is interesting that there are a couple of states that took a long time to ratify this at this point and in part it was probably because those states considered the fight over so what was the point. Delaware waited till 1901, Kentucky 1976 and Mississippi 1995. Pretty much a perfunctory mover for everyone after December 1865.
If I were to give an opinion to me this idea of a lack of slavery should be evident in the plain words of the constitution but what constituted a citizen and a human being was in question for a long time in this country. In the end this amendment became necessary to basically say the institution of slavery is not accept in the United States – period. The only thing the that is the exception is the idea that slavery could be used as punishment for a crime and that was probably to protect the idea that inmates on prisons are sued as a work force and often for free.
As a Libertarian, I can applaud this amendment for making it clear that slavery is unacceptable, it is just a shame that it took some much conflict and death to bring about something that should have been self-evident about all human beings. The thing was though that the fight was not over. With the return of southern legislatures to both the house and senate other rights had to be upheld and this required two more amendments to the constitution.
All Things Rabyd 
You need to take a deeper look at the “penal slavery” clause of this Amendment. The 13th Amendment did NOT “abolish” slavery in the United States, rather it prohibited chattle slavery alone and paved the way for former slaves to be RE-enslaved for violating criminal laws specifically designed to target former slaves and “poor white trash.” Laws that to this day are still used to criminalize even the most petty of offenses in Southern States.
At this time, to the best of my knowledge, ONLY TEXAS AND GEORGIA still practice penal slavery: EVERY OTHER STATE, FEDERAL PRISONS AND U.S. TERRITORIES have concluded that ANY/ALL Slavery is untenable in today’s 21st Century world. So ONLY Texas and Georgia still practice this barbarity as a matter of course. Watch my Blog for an essay on this and maybe You will get a better understanding of penal slavery and the 13th Amendment … I know from personal experience. Logan the Pen Dragon
I am sure it was deeper at the time, there was a fight still coming as the next two amendments will attest to. If such slavery still exists then how common is it?
Two U.S. States continue to practice penal slavery under the 13th Amendment auspice and State Law: Georgia and Texas. I personally have spent 32 1/2 yrs of my life as a penal slave; as a consequence, I am now 59yrs of age with NO Social Security credits; NO disability credits; NO savings/retirement accounts; NOTHING, because State Slavemasters are not required to contribute such on behalf of penal slaves [even though the State profits billions of dollars from slave labor of it’s prisoners]. The Socio-economic impact is devestating on former long-term prisoners, as well as upon Society/Taxpayers who inevitably must support former penal slaves in our old age.
Only two U.S. States still practice Penal Slavery: Texas & Georgia … even Louisiana began paying prisoners a token wage in the 1980’s. What Americans NEED to realize and understand is the extreme socio-economic impact of long-term Penal Slavery. I was under the Texas Penal Slavery System for 33years total for 2 PETTY “burglaries” that in ANY other State would be considered “Petty Larceny” punishable by only 1-5 years at most; Texas gave me a 3 year sentence for swiping HALF a pecan pie; and 30 years for allegedly stealing a cowboy hat and book. Since my initial term began when I was a college student who’d never had a job, and I am now 59yrs of age with a partial disability, I have had only 5-6 years of freedom during which to earn income.
Texas DOES NOT pay Social Security and/or ANY other form of benefits accruing taxes on Penal Slaves. That means that age 59 I have NO Soc.Sec. benefits accrued; NO unemployment benefits; NO form of retirement account; NOTHING. Which means I have NO CHOICE but to be a continuing burden on Society by availing myself of what little Welfare is available to me.
If Texas and Georgia don’t want to pay prisoners for their Labor so we can save toward our eventual release; then shouldn’t there be a Law that these States MUST AT LEAST pay on our Social Security FICA at a Minimum Wage Rate? Why should all You Taxpayers have to support aged/disabled FORMER Texas & Georgia Prisoners??? Texas’ General Fund reaps BILLIONS OF DOLLARS every Year from the Texas Correctional Industries profits on prisoner slave labor. Yet they can’t/don’t pay even the pennies on the dollar Social Security FICA on prisoners’ labor???
Think about it …
>>> Oh, and to all You self-professing Christians: Read Hebrews 13:3 before You make up Your minds on this issue. Logan the Pen Dragon.
Only 2 States still practice penal slavery: Texas and Georgia. The socio-economic effect on long-term prisoners is devastating.
It’s interesting to note that Texas and Georgia are the only two States that, also, have some of the most draconian sentencing policies in the U.S. (i.e. they give decades long sentences for petty offenses that almost every other State and the Federal Courts give only 3-8 year sentences for the same offense). Must keep their slaves as long as possible for the greatest profit for the penal industries.