Emancipation Proclamation

Leland-Boker Authorized Edition, printed in June 1864 with a presidential signature

The Emancipation Proclamation was an executive order by United States President Abraham Lincoln during the American Civil War, which declared the freedom of all slaves in the territory of the Confederate States of America that had not already returned to Union control. Issued in September 1862, the order became effective on January 1, 1863.

The proclamation made the end of slavery a central goal of the war (along with restoring the Union) and was highly controversial in the North. It was not a law passed by Congress but a presidential order empowered, Lincoln knew, by his position as "Commander in Chief of the Army and Navy" under Article II, section 2 of the United States Constitution.

The proclamation did not free any slaves in the border states (Kentucky, Missouri, Maryland, Delaware, and West Virginia), nor any southern territories already under Union control. It first affected only those slaves that had already escaped to the Union side, but as the Union armies conquered the Confederacy, thousands of slaves were freed each day until nearly all (estimated at 4 million) were free by July of 1865.

After the war there was concern that the proclamation, as a war measure, had not made the elimination of slavery permanent. Several states had prohibited slavery, but some slavery continued to exist in Kentucky and Delaware, until the entire institution was finally wiped out by the ratification of the Thirteenth Amendment on December 6, 1865.

Background

First Reading of the Emancipation Proclamation - Lincoln meets with his cabinet.

A strict application of the Fugitive Slave Law of 1850 could have required the return of fugitive slaves to their owners. Initially this did not occur because some Union generals declared slaves in reoccupied areas were contraband of war. This was controversial because it could imply some recognition of the Confederacy as a separate nation under international law, a notion that Lincoln steadfastly denied; as a result, he never promoted the contraband designation. Some generals also declared the slaves to be free and were replaced when they refused to rescind such declarations. On March 13, 1862, Lincoln forbade all Union Army officers from returning fugitive slaves. On April 10, 1862, Congress declared that the federal government would compensate slave owners who freed their slaves. All slaves in the District of Columbia were freed in this way on April 16, 1862. On June 19, 1862, Congress prohibited slavery in United States territories, thus opposing the 1857 opinion of the Supreme Court of the United States in the Dred Scott Case that Congress was powerless to regulate slavery in the territories.

In January 1862, Thaddeus Stevens, the Republican leader in the House, called for total war against the rebellion, arguing that emancipation would ruin the rebel economy. In July 1862, Congress passed and Lincoln signed the "Second Confiscation Act." It liberated the slaves held by "rebels". Original Text. It provided:

SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.

...

SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the government of the United States; and all slaves of such person found or being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.

Lincoln himself had declared in peacetime he had no constitutional authority to free the slaves. The war gave him war powers. Emancipation was still a risky political act because of strong opposition among Copperhead Democrats, and the uncertain impact on loyal border states. As such, the proclamation was a military order issued by Lincoln in his capacity as Commander-in-Chief, rather than the equivalent of a statute enacted by Congress, or a constitutional amendment. The Emancipation Proclamation also allowed for the enrollment of freed slaves into the United States military. Nearly 200,000 blacks did join, most of them ex-slaves. This gave the North an additional manpower resource that the Confederacy would not emulate until the final months before its defeat.

A mass rally in Chicago on September 7, 1862, demanded an immediate and universal emancipation of slaves. A delegation headed by William W. Patton was sent to Washington and met the President at the White House on September 13.

Lincoln first discussed the proclamation with his cabinet in July 1862, but he felt that he needed a Union victory on the battlefield so it would not look like a desperate effort. After the Battle of Antietam, in which Union troops turned back a Confederate invasion of Maryland, he issued a preliminary proclamation on September 22, 1862. The final proclamation was then issued in January of the following year.

The Emancipation Proclamation itself took effect only as the Union armies advanced into the Confederacy. Slaves in the border states (Delaware, Maryland, Kentucky, Missouri and West Virginia) were emancipated by separate state action. Secretary of State William H. Seward commented on this by remarking, "We show our sympathy with slavery by emancipating slaves where we cannot reach them and holding them in bondage where we can set them free." Had any seceding state rejoined the Union before January 1, 1863, it could have kept slavery, at least temporarily.

Although implicitly granted authority by Congress, Lincoln used his powers as Commander-in-Chief of the Army and Navy, "as a necessary war measure" as the basis of the proclamation. Abolitionists had long been urging Lincoln to free all slaves, though public opinion as a whole was against this . Lincoln moved slowly and cautiously nonetheless; on March 13, 1862, the federal government forbade all Union army officers to return fugitive slaves, thus annulling in effect the fugitive slave laws. On April 10, on Lincoln's initiative, Congress declared that the federal government would compensate slave owners who voluntarily freed their slaves. All slaves in the District of Columbia were freed in this way on April 16, 1862. On June 19, 1862, Congress enacted a measure prohibiting slavery in United States territories, thus defying the Supreme Court decision in the Dred Scott case, which had ruled in 1857 that Congress was powerless to regulate slavery in the territories. The Emancipation Proclamation did not free the slaves itself. The 13th Amendment did that. The Proclamation only gave Lincoln the legal basis in order to free the slaves in the south.

Implementation

The Proclamation was issued in two parts. The first part, issued on September 22, 1862, was a preliminary announcement outlining the intent of the second part, which officially went into effect 100 days later on January 1, 1863, during the second year of the Civil War. It was Abraham Lincoln's declaration that all slaves would be permanently freed in all areas of the Confederacy that had not already returned to federal control by January 1863. The ten affected states were individually named in the second part. Not included were the Union slave states of Maryland, Delaware, Missouri and Kentucky. Specific exemptions were stated for all 48 counties that would soon become West Virginia, 7 other named counties of Virginia, and for New Orleans and 13 nearby named parishes already under Union control. That is, areas under Union control on January 1, 1863, were not affected.

Immediate impact

Booker T. Washington, as a boy of 9, remembered the day in early 1865: [Up from Slavery (1901) pp19-21]

As the great day drew nearer, there was more singing in the slave quarters than usual. It was bolder, had more ring, and lasted later into the night. Most of the verses of the plantation songs had some reference to freedom.... Some man who seemed to be a stranger (a United States officer, I presume) made a little speech and then read a rather long paper—the Emancipation Proclamation, I think. After the reading we were told that we were all free, and could go when and where we pleased. My mother, who was standing by my side, leaned over and kissed her children, while tears of joy ran down her cheeks. She explained to us what it all meant, that this was the day for which she had been so long praying, but fearing that she would never live to see.

Emancipation took place without violence by masters or ex-slaves. The proclamation represented a shift in the war objectives of the North—reuniting the nation would no longer become the sole outcome. It represented a major step toward the ultimate abolition of slavery in the United States and the formation of a "more perfect Union."

Emancipation from Freedmen's viewpoint; illustration from Harper's Weekly 1865

Some slaves were freed immediately by the proclamation. Runaway slaves who made it to Union lines had been held by the Union Army as "contraband of war" in contraband camps; when the proclamation took effect they were told at midnight that they were free to leave. The Sea Islands off the coast of Georgia had been occupied by the Union Navy earlier in the war. The whites had fled to the mainland while the blacks stayed, and an early program of Reconstruction was set up for them. Naval officers read the proclamation to them and told them they were free.

In the military, the reaction to this proclamation varied widely, with some units coming to near mutiny in protest, and desertions were reported because of it. Other units were inspired with the adoption of a cause that seemed to them to ennoble their efforts, such that at least one unit took up the motto "For Union and Liberty".

Slaves had been part of the "engine of war" for the Confederacy. They produced and prepared food; sewed uniforms; repaired railways; worked on farms and in factories, shipping yards, and mines; built fortifications; and served as hospital workers and common laborers. News of the Proclamation spread rapidly by word of mouth, arousing hopes of freedom, creating general confusion, and encouraging many to escape.

Lincoln's Gettysburg Address made indirect reference to the Proclamation and the ending of slavery as a war goal with the phrase "new birth of freedom".

Political impact

Lincoln plays the trump card—an 1862 Copperhead cartoon, note the horns.

The Proclamation was immediately denounced by Copperhead Democrats who opposed the war and tolerated both secession and slavery. It became a campaign issue in the 1862 elections, in which the Democrats gained 28 seats in the House, as well as the governorship of New York. Many War Democrats who had supported Lincoln on the goal of Union balked at supporting emancipation as a war goal. The Proclamation solidified Lincoln's support among the rapidly growing abolitionist element of the Republican Party, and ensured they would not block his renomination in 1864.

International impact

Abroad, as Lincoln hoped, the Proclamation turned foreign popular opinion in favor of the Union for its new commitment to end slavery. That shift ended any hope the Confederacy might have had of gaining official recognition, particularly with Britain. If Britain or France, both of which had abolished slavery, continued to support the Confederacy, it would seem as though they were supporting slavery. Prior to Lincoln's decree, Great Britain's actions had favored the Confederacy, especially in its construction of war ships such as the CSS Alabama and CSS Florida. As Henry Adams noted, "The Emancipation Proclamation has done more for us than all our former victories and all our diplomacy." Giuseppe Garibaldi hailed Lincoln as "the heir of the aspirations of John Brown." Alan Van Dyke, a representative for workers from Manchester, England, wrote to Lincoln saying, "We joyfully honor you for many decisive steps toward practically exemplifying your belief in the words of your great founders: 'All men are created free and equal.'" This eased tensions with Europe that had been caused by the North's determination to defeat the south at all costs, even if it meant upsetting Europe, as in the Trent Affair.

Postbellum

Near the end of the war, abolitionists were concerned that the Emancipation Proclamation would be construed solely as a war act and thus no longer apply once fighting ended. They were also increasingly anxious to secure the freedom of all slaves, not just those freed by the Emancipation Proclamation. Thus pressed, Lincoln staked a large part of his 1864 presidential campaign on a constitutional amendment to abolish slavery uniformly throughout the United States. Lincoln's campaign was bolstered by separate votes in both Maryland and Missouri to abolish slavery in those states. Maryland's new constitution abolishing slavery took effect in November 1864.

Winning re-election, Lincoln pressed the lame duck 38th Congress to pass the proposed amendment immediately rather than wait for the incoming 39th Congress to convene. In January 1865, Congress sent to the state legislatures for ratification what became the 13th Amendment, banning slavery in all U.S. states and territories. The amendment was ratified by the legislatures of enough states by December 6, 1865. There were about 40,000 slaves in Kentucky and 1,000 in Delaware who were liberated.

The proclamation was lauded in the years after Lincoln's death. The anniversary of its issue was celebrated as a black holiday for more than 50 years; the holiday of Juneteenth was created to honor it. In 1913, the fiftieth anniversary of the Proclamation, there were particularly large celebrations. As the years went on and American life continued to be deeply unfair towards blacks, cynicism towards Lincoln and the Emancipation Proclamation increased.

Some 20th century Black intellectuals, including W.E.B. Du Bois, James Baldwin and Julius Lester, all described the proclamation as essentially worthless. Perhaps the strongest attack was Lerone Bennett's Forced into Glory: Abraham Lincoln's White Dream, which claimed that Lincoln was a white supremacist who issued the Emancipation Proclamation in lieu of the real racial reforms that radical abolitionists were pushing for.

In his Lincoln's Emancipation Proclamation, Allen C. Guelzo notes the historical profession's lack of substantial respect for the document since it has been the subject of few major scholarly studies. He argues that Lincoln was America's "last Enlightenment politician" and as such was dedicated to removing slavery strictly within the bounds of law.

Text of the Emancipation Proclamation (second part)

A Proclamation.

Whereas, on the 22d day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States."

Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomack, Northampton, Elizabeth City, York, Princess Anne, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts, are for the present left precisely as if this proclamation were not issued.

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.

By the President: Abraham Lincoln

William H. Seward, Secretary of State.

See also

• Slavery Abolition Act - an act passed by the British parliament abolishing slavery in British colonies with compensation to the owners
• Juneteenth - an African American holiday commemorating the freeing of slaves

References

• Herman Belz, Emancipation and Equal Rights: Politics and Constitutionalism in the Civil War Era (1978)
• Christopher Ewan, "The Emancipation Proclamation and British Public Opinion" The Historian, Vol. 67, 2005
• John Hope Franklin, The Emancipation Proclamation (1963)
• Guelzo, Allen C. Lincoln's Emancipation Proclamation: The End of Slavery in America (2004)
• Guelzo, Allen C. "How Abe Lincoln Lost the Black Vote: Lincoln and Emancipation in the African American Mind," Journal of the Abraham Lincoln Association (2004) 25#1online edition
• Harold Holzer, Edna Greene Medford, and Frank J. Williams. The Emancipation Proclamation: Three Views (2006)
• Howard Jones, Abraham Lincoln and a New Birth of Freedom: The Union and Slavery in the Diplomacy of the Civil War (1999)
• Mitch Kachun, Festivals of Freedom: Memory and Meaning in African American Emancipation Celebrations, 1808-1915 (2003)
• McPherson, James M. Ordeal by Fire: the Civil War and Reconstruction (2001 [3rd ed.]), esp. pp. 316-321.
• Nevins, Allan. Ordeal of the Union: vol 6. War Becomes Revolution, 1862-1863 (1960)
• C. Peter Ripley, Roy E. Finkenbine, Michael F. Hembree, Donald Yacovone, Witness for Freedom: African American Voices on Race, Slavery, and Emancipation (1993)
• Silvana R. Siddali, From Property To Person: Slavery And The Confiscation Acts, 1861-1862 (2005)
• John Syrett. Civil War Confiscation Acts: Failing to Reconstruct the South (2005)
• Michael Vorenberg, Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment (2001)

External links

• Teaching resources about Slavery and Abolition on blackhistory4schools.com
• Text and images of the Emancipation Proclamation from the National Archives
• Emancipation Proclamation and related resources at the Library of Congress
• Scholarly article on rhetoric and the Emancipation Proclamation
• Mr. Lincoln and Freedom: Emancipation Proclamation
• First Edition Emancipation Proclamationin 1862 Harper's Weekly
• Chronology of Emancipation during the Civil War
• "Lincoln's Emancipation Proclamation"