Thirteenth Amendment Commemorative Coin Act

The economic contributions of enslaved African Americans to the American economy between 1691 and 1860 were immeasurable. This labor force was used to build the foundations upon which America stands today.

From the 16th through the 19th centuries, most colonial economies in the Americas were dependent on human-trafficking and the use of enslaved African labor for their survival. This included the North American mercantile and shipping sectors that were dependent on slave-produced cotton, rice, sugar and indigo, and the profits derived from triangular trade with the West Indies, Africa, and Europe.

Enslaved Africans in the United States were also recognized as an important element in the political and economic capital in the nation’s political economy.

Over the course of 246 years, slaves contributed an estimated 605 billion hours of forced free labor, the gain from which provided “seed capital” for the American economy, helped finance the birth of American finance and industrial sectors, contributed to the growth of most of the “Fortune 500” companies, and ultimately assisted the nation in financing both world wars.

During the Civil War, after Union forces repelled a Confederate invasion at the battle of Antietam in 1862, President Abraham Lincoln issued the Emancipation Proclamation, which declared that all slaves in states then in rebellion would be “forever free” as of January 1, 1863. By his action, Lincoln added a new and revolutionary dimension to the nation’s war aims: from being a conflict to preserve the Union, the Civil War grew to be a crusade to end black slavery and fulfill the promise of the Declaration of Independence.

In the spring of 1864, Charles Sumner introduced an anti-slavery amendment in the Senate, much like the amendments that were introduced in the House by Representatives James Ashley and James Wilson in December of 1863, which declared all persons as equal, prohibited the slavery, and granted Congress the power to enforce these provisions. After extensive debate, the 13th Amendment was formed from this proposal, with the omission of the declaration of equality of all persons, and passed the Senate on April 8, 1864, by a vote of 38–6.

Debates between abolitionists and supporters of slavery focused on the moral issue of slavery and various interpretations of “natural law”. Representative John Farnsworth of Illinois stated that “the old fathers who made the constitution believed that slavery was at war with the rights of human nature”, and pointed out the contradiction between the existence of inalienable rights and the institution of slavery. Some members within the Republican Party, such as Charles Sumner, sought an interpretation of the Constitution that rejected slavery as incompatible with moral law.

President Lincoln took an active role in promoting the 13th Amendment in Congress. He ensured that the Republican Party’s 1864 election platform included a provision supporting a constitutional amendment to “terminate and forever prohibit the existence of Slavery”. His efforts were met with success when the House passed the bill on January 31, 1865, with a vote of 119–56.

On February 1, 1865, Illinois became the first state to ratify the proposed 13th Amendment; it was joined by 17 other states by the end of the month. Georgia ratified on December 6, 1865, becoming the 27th of 36 states to approve the Amendment, thus achieving the constitutional requirement that it be ratified by three-fourths of the states. Secretary of State William Seward declared the 13th Amendment to be part of the Constitution on December 18.

The Smithsonian National Museum of African American History and Culture (hereafter referred to in this section as the “NMAAHC”) was established by an Act of Congress in 2003, in Public Law 108–184.

It is fitting that the NMAAHC receive the surcharges from the sale of coins issued under this Act because the Museum is devoted to the documentation of African American life, and, among other areas, encompasses the period of slavery and the era of Reconstruction.

The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding to supplement the endowment and educational outreach funds of the NMAAHC.

Denominations— The Secretary of the Treasury (hereafter in this Act referred to as the “Secretary”) shall mint and issue the following coins in commemoration of the Sesquicentennial Anniversary of the passage of the 13th Amendment:

Legal tender— The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.

Numismatic items— For the purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.

In general— The design of the coins minted under this Act shall be emblematic of the Thirteenth Amendment and the abolishment of slavery in America.

Designation and inscriptions— On each coin minted under this Act there shall be—

Selection— The design for the coins minted under this Act—

Quality of coins— Coins minted under this Act shall be issued in uncirculated and proof qualities.

Period of issuance— The Secretary may issue coins minted under this Act only during the calendar year beginning January 1, 2016, except that the Secretary may initiate sales of such coins, without issuance, before such date.

Minting in 2016— Notwithstanding section 5112(d)(1) of title 31, United States Code, the Secretary may continue to mint the coins under this Act in the year 2016.

Sales price— The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of—

Bulk sales— The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.

Surcharge required— All sales of coins under this Act shall include a surcharge of $10 per coin.

Distribution— Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian National Museum of African American History and Culture to carry out the purposes of the museum, which goes beyond simply telling the history of African Americans, creating an opportunity for anyone who cares about African American Culture a place to explore, learn, and revel in the rich history of African American Culture.

Audits— The Smithsonian National Museum of African American History and Culture shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).

Limitation— Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection.

minting and issuing coins under this Act will not result in any net cost to the United States Government; and

no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.