Not satisfied with saying that slavery should not exist, we find in the amendment the words "nor involuntary servitude." This was intended to destroy every mark and badge of legal inferiority.
Justice Field upon this very question, says:
"It is, however, clear that the words 'involuntary servitude' include something more than slavery, in the strict sense of the term. They include also serfage, vassalage, villanage, peonage, and all other forms of compulsory service for the mere benefit or pleasure of others. Nor is this the full import of the term. The abolition of slavery and involuntary servitude was intended to make every one born in this country a free man, and as such to give him the right to pursue the ordinary avocations of life without other restraint than such as affects all others, and to enjoy equally with them the fruits of his labor. A person allowed to pursue only one trade or calling, and only in one locality of the country, would not be, in the strict sense of the term, in a condition of slavery, but probably no one would deny that he would be in a condition of servitude. He certainly would not possess the liberties, or enjoy the privileges of a freeman."
Justice Field also quotes with approval the language of the counsel for the plaintiffs in the case:
"Whenever a law of a State, or a law of the United States, makes a discrimination between classes of persons which deprives the one class of their freedom or their property, or which makes a caste of them, to subserve the power, pride, avarice, vanity or vengeance of others—there involuntary servitude exists within the meaning of the 13th Amendment."
To show that the framers of the 13th Amendment intended to blot out every form of slavery and servitude, I call attention to the Civil Rights Act, approved April 9, 1866, which provided, among other things, that:
"All persons born in the United States, and not subject to any foreign power—excluding Indians not taxed—are citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, are entitled to the full and equal benefit of all laws and proceedings for the security of person and property enjoyed by white citizens, and shall be subject to like punishments, pains and penalties—and to none other—any law, statute, ordinance, regulation or custom to the contrary notwithstanding; and they shall have the same rights in every State and Territory of the United States as white persons."
The Supreme Court, in The Slaughter-House Cases, (16 Wallace, 69) has said that the word servitude has a larger meaning than the word slavery. "The word 'servitude' implies subjection to the will of another contrary to the common right." A man is in a state of involuntary servitude when he is forced to do, or prevented from doing, a thing, not by the law of the State, but by the simple will of another. He who enjoys less than the common rights of a citizen, he who can be forced from the public highway at the will of another, who can be denied entrance to the cars of a common carrier, is in a state of servitude.
The 13th Amendment did away with slavery not only, and with involuntary servitude, but with every badge and brand and stain and mark of slavery. It abolished forever distinctions on account of race and color.
In the language of the Supreme Court: