Listens: Jay Unger-"Ashoken Farewell"

The Civil War Presidents: Abraham Lincoln (Part 7: The Emancipation Proclamation)

As a lawyer and an anti-slavery politician, Abraham Lincoln was aware that a president could not end slavery without a change to the Constitution. At the time, such a change required the consent of individual states. Lincoln had said in his speeches that the eventual end of slavery would come about by preventing its expansion into new U.S. territory. When the war began, he tried to persuade the border states to accept compensated emancipation in return for their prohibition of slavery.

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When Major General John C. Frémont tried to prohibit slavery in the border state of Missouri in August 1861, Lincoln reversed this decision, mainly out of pragmatism. He believed that such an order would upset the border states loyal to the Union.

On June 19, 1862, with Lincoln's support and encouragement, Congress passed an act banning slavery in all federal territory. In July 1862, Congress passed the Second Confiscation, which set up court procedures that could free the slaves of anyone convicted of aiding the rebellion. Although Lincoln had doubts about the constitutional validity of the bill, he approved it, in part so as not to lose political support.

Lincoln believed that the Commander-in-Chief could effect the emancipation of slaves by use his war powers granted by the Constitution. That summer, Lincoln discussed a draft of the Emancipation Proclamation with his cabinet. In the draft, he wrote "as a fit and necessary military measure, on January 1, 1863, all persons held as slaves in the Confederate states will thenceforward, and forever, be free". In addition to the moral reasons for taking such action, Lincoln also appreciated that there would be strategic advantages to the proclamation as well.

Northerners who were opposed to the war, known as "Copperheads", argued that emancipation would severely impede any reasonable possibility of a negotiated peace and reunification. In response, Lincoln wrote a letter to the New York Tribune on August 22, 1862, in which he explained that the primary goal of his action was preserving the Union. He wrote:

My paramount object in this struggle is to save the Union, and is not either to save or to destroy slavery. If I could save the Union without freeing any slave I would do it, and if I could save it by freeing all the slaves I would do it; and if I could save it by freeing some and leaving others alone I would also do that. What I do about slavery, and the colored race, I do because I believe it helps to save the Union; and what I forbear, I forbear because I do not believe it would help to save the Union ... I have here stated my purpose according to my view of official duty; and I intend no modification of my oft-expressed personal wish that all men everywhere could be free."

The Emancipation Proclamation was issued on September 22, 1862, following the Union victory at the Battle of Antietam earlier that month. It was to come into effect on January 1, 1863. The proclamation declared that all slaves in the 10 states not then under Union control would be free, with exemptions specified for areas already under Union control in two states. It did not free any slaves in the border states. In response, Democrats rallied their voters in the 1862 off-year elections by warning voters about the threat that freed slaves posed to northern whites.

Once the abolition of slavery in the rebel states became a stated military objective, slaves were freed as Union armies advanced south. When he signed the Emancipation Proclamation, Lincoln said: "I never, in my life, felt more certain that I was doing right, than I do in signing this paper."

Lincoln continued with earlier plans of his to set up colonies for the newly freed slaves. He met with abolitionists and freed men including Frederick Douglass to convince them of the wisdom of this plan, but was unsuccessful in doing so.

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A few days after Emancipation was announced, thirteen Republican governors met at the War Governors' Conference. They expressed support for the Proclamation, but asked Lincoln to remove General George B. McClellan as commander of the Union Army.

After the Emancipation Proclamation was issued, the Union Army adopted the practice of enlisting former slaves. By the spring of 1863, Lincoln was ready to recruit African-American troops in significant numbers. In a letter to Andrew Johnson, who was, at the time, the military governor of Tennessee, Lincoln encouraged Johnson to lead the way in raising black troops. Lincoln wrote, "The bare sight of 50,000 armed and drilled black soldiers on the banks of the Mississippi would end the rebellion at once". By the end of 1863, on Lincoln's direction, General Lorenzo Thomas had recruited 20 regiments of African-American soldiers from the Mississippi Valley.

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Frederick Douglass later said of Lincoln: "Can any colored man, or any white man friendly to the freedom of all men, ever forget the night which followed the first day of January 1863, when the world was to see if Abraham Lincoln would prove to be as good as his word?"