CW, 5:433–436
On the day that Lincoln received the Chicago ministers’ emancipation memorials, Union soldiers discovered General Robert E. Lee’s plans for his campaign in Maryland—part of his drive north into Pennsylvania—wrapped around some cigars accidentally dropped by a rebel courier. In one of the bloodiest battles in American history, the Union Army under General George B. McClellan intercepted Lee, forcing him to fight at Antietam. The results proved enough of a “victory” for Lincoln to issue the proclamation from a position of strength and help avert European recognition of the Confederacy. How long Lincoln considered issuing a proclamation regarding slavery is uncertain, but he first announced his decision on July 13, 1862, to Secretary of the Navy Gideon Welles. Lincoln issued the preliminary emancipation statement with the situation of the border states still central to his strategy. He allowed loyal slaveowners to keep their “property” and offered colonization as an inducement for slaveowners to give up their property without fear of creating a large free black population. For states in rebellion, Lincoln decreed that if they did not return to the Union, all their slaves would be “thenceforth, and forever free” as of January 1, 1863. The proclamation reaf-firmed Congress’s confiscation acts and pledged to compensate all loyal slaveowners for the loss of their property, “including the loss of slaves.” Lincoln’s initial proclamation completely avoided any mention of the status of newly freed slaves and said nothing about possible recruitment for the army, although blacks had been serving successfully in the navy since the start of the war. For Lincoln’s move toward emancipation, see: Allen C. Guelzo, Lincoln’s Emancipation Proclamation: The End of Slavery in America (New York: Simon & Schuster, 2004).
I, Abraham Lincoln, President of the United States of America, and Commander-in-chief of the Army and Navy thereof, do hereby proclaim and declare that hereafter, as heretofore, the war will be prosecuted for the object of practically restoring the constitutional relation between the United States, and each of the states, and the people thereof, in which states that relation is, or may be suspended, or disturbed.
That it is my purpose, upon the next meeting of Congress to again recommend the adoption of a practical measure tendering pecuniary aid to the free acceptance or rejection of all slave-states, so called, the people whereof may not then be in rebellion against the United States, and which states, may then have voluntarily adopted, or thereafter may voluntarily adopt, immediate, or gradual abolishment of slavery within their respective limits; and that the effort to colonize persons of African descent, with their consent, upon this continent, or elsewhere, with the previously obtained consent of the Governments existing there, will be continued.
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.
That attention is hereby called to an act of Congress entitled “An act to make an additional Article of War” approved March 13, 1862, and which act is in the words and figure following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the following shall be promulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such:
Article—. All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service.
Sec. 2. And be it further enacted, That this act shall take effect from and after its passage.
Also to the ninth and tenth sections of an act entitled “An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate property of rebels, and for other purposes,” approved July 17, 1862, and which sections are in the words and figures following:
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 persons found on (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.
Sec. 10. And be it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.
And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the act, and sections above recited.
And the executive will in due time recommend that all citizens of the United States who shall have remained loyal thereto throughout the rebellion, shall (upon the restoration of the constitutional relation between the United States, and their respective states, and people, if that relation shall have been suspended or disturbed) be compensated for all losses by acts of the United States, including the loss of slaves. . . .
By the President: Abraham Lincoln
William H. Seward, Secretary of State.