The Slaves Freed

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For several days, Lincoln gave few hints as to what he would do, and Congress awaited his response in a state of high tension. Finally, on July 17, he informed Capitol Hill that he agreed entirely with the spirit of the confiscation bill remarking that “the traitor against the general government” deserved to have his slaves and other property forfeited as just punishment for rebellion. While he thought some of the wording unfortunately vague, he nevertheless raised no objection to the sections on slave liberation. He did, however, disagree with other portions on technical grounds, especially those which permanently divested a rebel of the title to his land, and Lincoln hinted that he would veto the bill as a consequence. To avoid that, congressional Republicans attached an explanatory resolution removing most of Lincoln’s complaints. Satisfied, the President signed the bill and commanded the army to start enforcing it after sixty days.

Even so, several advanced Republicans were angered by Lincoln’s threatened veto and peeved by what they perceived as his legalistic quibbling when the Union was struggling for its life against a mutinous aristocracy founded on slavery. Julian, for his part, thought Lincoln’s behavior “inexpressibly provoking,” and when Congress adjourned, he called at the White House to find out once and for all where the President stood on emancipation and all-out war against the rebels. Julian said he was going home to Indiana and wanted to assure his constituents that the President would “co-operate with Congress in vigorously carrying out the measures we had inaugurated for the purpose of crushing the rebellion, and that now the quickest and hardest blows were to be dealt.” Complaining that advanced Republicans had unfairly criticized him, Lincoln said he had no objection at all to what Julian wished to tell his constituents. In Indiana that summer, Julian announced that Lincoln had now decided on a radical change in his policy toward slavery.

In August Sumner learned that Lincoln had at last decided to issue an emancipation proclamation. Convinced that the peculiar institution could be destroyed only through executive action, Lincoln actually had drawn up a draft of the proclamation and read it to his Cabinet. But couldn’t Sumner have predicted it? Lincoln had let Secretary of State William H. Seward dissuade him from issuing the edict until after a Union military victory. At the White House, Sumner demanded that the decree “be put forth—the sooner the better—without any reference to our military condition.” But the President refused, and Sumner stalked out, dismayed again at what he once called Lincoln’s “immense vis inertiae.” The senator feared that only the confiscation act would ever free any slaves.

But in September Lincoln came through. After the Confederate reversal at Antietam, he issued his preliminary emancipation proclamation, a clear warning that if the rebellion did not cease in one hundred days, the executive branch would use the military to free all the slaves in the rebel states—those belonging to secessionists and loyalists alike. Thus the President would go beyond the second confiscation act—he would handle emancipation himself, avoid tangled litigation over slavery in the courts, and vanquish it as an institution in the South. He believed he could do this by the war powers, and he deemed it “a fit and necessary military measure” to preserve the Union.

The advanced Republicans, of course, were delighted. “Hurrah for Old Abe and the proclamation,” Wade exulted. Stevens extolled Lincoln for his patriotism and said his proclamation “contained precisely the principles which I had advocated.” “Thank God that I live to enjoy this day!” Sumner exclaimed in Boston. “Freedom is practically secured to all who find shelter within our lines, and the glorious flag of the Union, wherever it floats, becomes the flag of Freedom.” A few days later, Sumner announced that “the Emancipation Proclamation…is now the corner-stone of our national policy.”

As it turned out, though, the preliminary proclamation helped lead to a Republican disaster in the fall by elections of 1862. Northern Democrats already were angered by Lincoln’s harsh war measures, especially his use of martial law and military arrests. Now, Negro emancipation was more than they could bear, and they stumped the Northern states beating the drums of Negrophobia and warning of massive influxes of Southern blacks into the North once emancipation came. Sullen, war-weary, and racially antagonistic, Northern voters dealt the Republicans a smashing blow as the North’s five most populous states—all of which had gone for Lincoln in 1860—now returned Democratic majorities to Capitol Hill. Republicans narrowly retained control of Congress, but they were steeped in gloom as it convened that December.