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During the crisis of secession and prior to the outbreak of the Civil War, the majority of slavery-related bills had protected slavery. The United States had ceased slave importation and intervened militarily against the Atlantic slave trade, but had made few proposals to abolish domestic slavery. Representative John Quincy Adams had made a proposal in 1839, but there were no new proposals until December 14, 1863, when a bill to support an amendment to abolish slavery throughout the entire United States was introduced by Representative James Mitchell Ashley (Republican, Ohio). This was soon followed by a similar proposal made by Representative James Falconer Falconer Wilson, (Republican, Iowa).

Eventually the Congress and the public began to take notice and a number of additional legislative proposals were brought forward. Senator John Brooks Henderson of Missouri submitted a joint resolution for a constitutional amendment abolishing slavery, January 11, 1864. The abolition of slavery had, historically, been associated with Republicans, but Henderson was one of the War Democrats. The Senate Judiciary Senate Judiciary Committee, chaired by Lyman Trumbull (Republican, Illinois), became involved in merging different proposals for an amendment. Another Republican, Senator Charles Sumner (Radical Republican, Massachusetts), submitted a constitutional amendment to abolish slavery as well as guarantee equality on February 8 the same year. As the number of proposals and the extent of their scope began to grow, the Senate Judiciary Committee presented the Senate with an amendment proposal combining the drafts of Ashley, Wilson and Henderson.

Originally the amendment was co-authored and sponsored by Representatives James Mitchell Ashley (Republican, Ohio) and James Falconer Wilson (Republican, Iowa) and Senator John B. Henderson (Democrat, Missouri).

While the Senate did pass the amendment in April 1864, by a vote of 38 to 6, the House declined to do so. After it was reintroduced by Representative James Mitchell Ashley, President Lincoln took an active role to ensure its passage through the House by ensuring the amendment was added to the Republican Party platform for the upcoming Presidential elections. His efforts came to fruition when the House passed the bill in January 1865, by a vote of 119 to 56. The Thirteenth Amendment's archival copy bears an apparent Presidential signature, under the usual ones of the Speaker of the House and the President of the Senate, after the words "Approved February 1, 1865".

The Thirteenth Amendment completed the abolition of slavery, which had begun with the Emancipation Proclamation issued by President Abraham Lincoln in 1863.
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