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Emancipation Proclamation

The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. The first one, issued September 22, 1862, declared the freedom of all slaves in any state of the Confederate States of America that did not return to Union control by January 1, 1863. The second order, issued January 1, 1863, named the specific states where it applied.

The Emancipation Proclamation was widely attacked at the time as freeing only the slaves over which the Union had no power. In practice, it committed the Union to ending slavery, which was a controversial decision in the North. Lincoln issued the Executive Order by his authority 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 of the border states (Kentucky, Missouri, Maryland, Delaware, and West Virginia), or any southern state (or part of a state) already under Union control. It first directly affected only those slaves who had already escaped to the Union side. Hearing of the Proclamation, more slaves quickly escaped to Union lines as the Army units moved South. As the Union armies conquered the Confederacy, thousands of slaves were freed each day until nearly all (approximately 4 million, according to the 1860 census) were freed by July 1865.

In this, Lincoln's proclamation echoed that issued at the beginning of the American War for Independence by Virginia's royal governor, John Murray, Earl of Dunmore. Lord Dunmore's Proclamation (dated November 7, 1775) declared "all indentured Servants, Negroes, or others, (appertaining to Rebels,) free, that are able and willing to bear Arms" for King George III. Although it applied only to slaves belonging to rebels, it still inspired thousands of African slaves (regardless of whether their masters were rebels or loyalists) to join the British Army throughout the war in hopes of earning their freedom.

After the war, abolitionists were concerned that since the proclamation was a war measure, it had not permanently ended slavery. Several former slave states passed legislation prohibiting slavery; however, some slavery continued to exist until the institution was ended by the sufficient states' ratification of the Thirteenth Amendment on December 18, 1865.

Background

The Fugitive Slave Law of 1850 required individuals to return fugitive slaves to their owners. Initially this did not occur in areas of war because some Union generals declared slaves in occupied areas were contraband of war. This decision was controversial because it implied recognition of the Confederacy as a separate nation under international law, a notion which Lincoln steadfastly denied. As a result, he did not promote the contraband designation. Some generals also declared the slaves under their jurisdiction to be free and were replaced when they refused to rescind such declarations.

Lincoln moved gradually to grapple with the issue of freeing the slaves. On March 13, 1862, Lincoln forbade 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. Slaves in the District of Columbia were freed on April 16, 1862 and their owners compensated. On June 19, 1862, Congress prohibited slavery in United States territories. By this act, they opposed the 1857 ruling of the Supreme Court of the United States in the Dred Scott Case that Congress was powerless to regulate slavery in U.S. territories.

In January 1862, Thaddeus Stevens, the Republican leader in the House, called for total war against the rebellion to include emancipation of slaves, arguing that emancipation, by forcing the loss of enslaved labor, would ruin the rebel economy. In July 1862, Congress passed and Lincoln signed the "Second Confiscation Act." It liberated slaves held by "rebels". 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.

Abolitionists had long been urging Lincoln to free all slaves. A mass rally in Chicago on September 7, 1862, demanded an immediate and universal emancipation of slaves. A delegation headed by William W. Patton met the President at the White House on September 13. Lincoln had declared in peacetime that he had no constitutional authority to free the slaves. Even used as a war power, emancipation was a risky political act. Public opinion as a whole was against it. There would be strong opposition among Copperhead Democrats and an uncertain reaction from loyal border states. Delaware and Maryland already had a high percentage of free Negroes: 91.2% and 49.7%, respectively, in 1860.

Lincoln first discussed the proclamation with his cabinet in July 1862. He believed he needed a Union victory on the battlefield so his decision would appear positive and strong. The Battle of Antietam, in which Union troops turned back a Confederate invasion of Maryland, gave him the opportunity to issue a preliminary proclamation on September 22, 1862. The final proclamation was issued in January 1863, 100 days later. 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, rather than the equivalent of a statute enacted by Congress or a constitutional amendment.

The Emancipation Proclamation did not immediately free many slaves. Secretary of State William H. Seward commented, "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. The Proclamation only gave Lincoln the legal basis to free the slaves in the areas of the South that were still in rebellion. Thus, it initially freed only some slaves already behind Union lines. However, it also took effect as the Union armies advanced into the Confederacy.

The Emancipation Proclamation also allowed for the enrollment of freed slaves into the United States military. During the war nearly 200,000 blacks joined the Union Army and most of them ex-slaves. Their contributions gave the North additional manpower that was significant in winning the war. The Confederacy did not allow slaves in their army as soldiers until the final months before its defeat.

Though the counties of Virginia that were soon to form West Virginia were specifically exempted from the Proclamation, a condition of the state's admittance to the Union was that its constitution provide for the abolition of slavery. Slaves in the border states of Maryland and Missouri were also emancipated by separate state action before the Civil War ended. In early 1865, Tennessee adopted an amendment to its constitution prohibiting slavery. Slaves in Kentucky and Delaware were not emancipated until the Thirteenth Amendment was ratified.

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. Also not named was the state of Tennessee, which Union armies already controlled. Specific exemptions were stated for areas also under Union control on January 1, 1863, namely 48 counties that would soon become West Virginia, seven other named counties of Virginia, New Orleans and 13 named parishes nearby.

Immediate impact

Booker T. Washington, as a boy of 9, remembered the day in early 1865:

The 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 was no longer the only goal. It represented a major step toward the ultimate abolition of slavery in the United States and a "new birth of freedom".

Some slaves were freed immediately by the proclamation. Runaway slaves who had escaped to Union lines were 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 were occupied by the Union Navy earlier in the war. The whites had fled to the mainland while the blacks stayed. An early program of Reconstruction was set up for the former slaves, including schools and training. Naval officers read the proclamation and told them they were free.

In the military, reaction to the proclamation varied widely, with some units nearly ready to mutiny in protest. Some desertions were attributed to it. Other units were inspired by the adoption of a cause that ennobled 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 thousands to escape to Union lines.

Political impact

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's goal of saving the Union, balked at supporting emancipation. Lincoln's Gettysburg Address in November 1863 made indirect reference to the Proclamation and the ending of slavery as a war goal with the phrase "new birth of freedom". The Proclamation solidified Lincoln's support among the rapidly growing abolitionist element of the Republican Party and ensured they would not block his re-nomination in 1864.

International impact

As Lincoln hoped, the Proclamation turned foreign popular opinion in favor of the Union for its new commitment to end slavery. That shift ended the Confederacy's hopes of gaining official recognition, particularly from the United Kingdom. If Britain or France, both of which had already abolished slavery, were to support the Confederacy, they would be supporting slavery.

Prior to Lincoln's decree, Britain's actions had favored the Confederacy, especially in its construction of warships 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.'" The Emancipation Proclamation served to ease tensions with Europe over the North's determination to defeat the South at all costs. The Trent Affair particularly had caused severe tensions with Great Britain.

Postbellum

Near the end of the war, abolitionists were concerned that the Emancipation Proclamation would be construed solely as a war act and 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. Slavery in Missouri was ended by executive proclamation of its governor, Thomas C. Fletcher, on January 11, 1865.

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 Thirteenth 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 then.

In the years after Lincoln's death, his action in the proclamation was lauded. The anniversary of the Emancipation Proclamation was celebrated as a black holiday for more than 50 years; the holiday of Juneteenth was created in some states 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, described the proclamation as essentially worthless. Perhaps the strongest attack was Lerone Bennett's Forced into Glory: Abraham Lincoln's White Dream (2000), which claimed that Lincoln was a white supremacist who issued the Emancipation Proclamation in lieu of the real racial reforms for which radical abolitionists pushed.

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

Other historians have given more credit to Lincoln for what he accomplished within the tensions of his cabinet and a society at war, for his own growth in political and moral stature, and for the promise he held out to the slaves. More might have been accomplished if he had not been assassinated. As Eric Foner wrote:

Lincoln was not an abolitionist or Radical Republican, a point Bennett reiterates innumerable times. He did not favor immediate abolition before the war, and held racist views typical of his time. But he was also a man of deep convictions when it came to slavery, and during the Civil War displayed a remarkable capacity for moral and political growth.

The Emancipation Proclamation was on display at the William J. Clinton Presidential Center and Park in Little Rock, Arkansas, from September 22-25, 2007, as part of the Little Rock Central High School's 50th anniversary of integration.

Text of the Preliminary Emancipation Proclamation

By the President of the United States of America
A PROCLAMATION

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 [and] 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 the consent] upon this continent, or elsewhere, [with the previously obtained consent of the governments existing there elsewhere,] 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 thenceforward, and forever free; and the executive government of the United States [including the military and naval authority thereof] will, during the continuance in office of the present incumbents, recognize [and maintain the freedom of] such persons, as being free, 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 services of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitive 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:

"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 [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] [at the next session of congress] 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.

A.L.

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 twenty second day of September, in the year of our Lord, one thousand eight hundred and sixty two, and of the Independence of the United States the eighty seventh.

Abraham Lincoln [signature]

By the President:
William H. Seward
Secretary of State

See also

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