1863 Abraham Lincoln - Emancipation Proclamation

The emancipation proclamation was an act of hard war.  Lincoln long knew, that the country could not remain divided over slavery, and had hoped that it could be resolved under constitutional law, but he was sickened by the effusion of blood, and wanted it to end at any cost. Lincoln first proposed his Emancipation Proclamation to his cabinet in the July of 1862, but many cabinet members including Secretary of State William Seward suggested waiting for a Union victory so the government could prove that it could enforce such a proclamation. With victory at the Battle of Antietam, the Union had the proof they needed, and Lincoln issued the proclamation 5 days later. As a military measure, it not only claimed the requisition of property, but the destruction of that property by freeing the slaves forever.  As a war measure, it served a crushing blow to the South who depended upon the slaves not only for support in the fields of battle, but also in the fields back home. It also tilted the view of the world at large against the South as many European nations had already condemned slavery.  But was it legal?

In his address to the congress of 1863, Lincoln explained that he had hoped that the "rebellion could be suppressed" without resorting to the emancipation of slaves as "military measure".   But, the time has now come when the "crisis of the contest" now required that action needed to be taken.  These were "dark and doubtful days".  Lincoln directed the nation's attention to the war which had not lasted nearly twenty months.   The Confederacy had been pushed back, but the public sentiment of the Union was still against the war.  Things were tense and even help from Europe was no longer expected.   Commerce was suffering and the potential of a blockade was threatening.  Things were not going well.  Lincoln described the situation of the nation in pretty bleak terms.

"I transmit the second annual report of the Commissioner of the Department of Agriculture, asking your attention to the developments in that vital interest of the nation. When Congress assembled a year ago, the war had already lasted nearly twenty months, and there had been many conflicts on both land and sea, with varying results; the rebellion had been pressed back into reduced limits; yet the tone of public feeling and opinion, at home and abroad was not satisfactory. With other signs, the popular elections then just past indicated uneasiness among ourselves, while, amid much that was cold and menacing, the kindest words coming from Europe were uttered in accents of pity that we were too blind to surrender a hopeless cause. Our commerce was suffering greatly by a few armed vessels built upon and furnished from foreign shores, and we were threatened with such additions from the same quarter as would sweep our trade from the sea and raise our blockade. We had failed to elicit from European Governments anything hopeful upon this subject."

This  was not something that Lincoln wanted to do, nor had the constitutional authority to do during peace times. But as an act of war, it had to be done. Lincoln now hoped that the "policy of emancipation and of employing black soldiers" would bring new life to the Union giving some hope of overcoming the fear and uncertainty in this war.

"The preliminary emancipation proclamation, issued in September, was running its assigned period to the beginning of the new year. A month later the final proclamation came, including the announcement that colored men of suitable condition would be received into the war service. The policy of emancipation and of employing black soldiers gave to the future a new aspect, about which hope and fear and doubt contended in uncertain conflict. According to our political system, as a matter of civil administration, the General Government had no lawful power to effect emancipation in any State, and for a long time it had been hoped that the rebellion could be suppressed without resorting to it as a military measure. It was all the while deemed possible that the necessity for it might come, and that if it should the crisis of the contest would then be presented. It came, and, as was anticipated, it was followed by dark and doubtful days. "

But was it legal? After the war, would the slaves remain free? Lincoln pledged he would never turn back on his oath.  He closed his State of the Union Address with a few words about whether or not the emancipation of Proclamation should remain permanent.   It was in Lincoln's judgment that the proclamation served its purpose by helping to suppress the rebellion.  For example, in 1863, there were 100,000 freed slaves fighting in the United States military service.   Lincoln said that to abandon them now would be "a cruel and an astounding breach of faith", and so long as Lincoln remained president he would not change a single word of the proclamation, nor return any person back to slavery.  Lincoln believed that as President, his actions were constitutional because as Executive he had the clear authority to pardon and restore "forfeited rights" based upon what he deemed to be in the best interest of the public, subject only to the judicial decisions of the Supreme Court.

"But if it be proper to require as a test of admission to the political body an oath of allegiance to the Constitution of the United States and to the Union under it, why also to the laws and proclamations in regard to slavery? Those laws and proclamations were enacted and put forth for the purpose of aiding in the suppression of the rebellion. To give them their fullest effect there had to be a pledge for their maintenance. In my judgment, they have aided and will further aid the cause for which they were intended. To now abandon them would be not only to relinquish a lever of power, but would also be a cruel and an astounding breach of faith. I may add at this point that while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation or by any of the acts of Congress. For these and other reasons it is thought best that support of these measures shall be included in the oath, and it is believed the Executive may lawfully claim it in return for pardon and restoration of forfeited rights, which he has clear constitutional power to withhold altogether or grant upon the terms which he shall deem wisest for the public interest. It should be observed also that this part of the oath is subject to the modifying and abrogating power of legislation and supreme judicial decision."

References

Presidency.ucsb.edu. (2017). Abraham Lincoln: Third Annual Message. [online] Available at: http://www.presidency.ucsb.edu/ws/?pid=29504 [Accessed 13 Dec. 2017].

Civilwar.org. (2017). 10 Facts: The Emancipation Proclamation | Civil War Trust. [online] Available at: http://www.civilwar.org/education/history/emancipation-150/10-facts.html [Accessed 13 Dec. 2017].

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