Military action prior to emancipation The
Fugitive Slave Act of 1850 required individuals to return runaway slaves to their owners. During the war, in May 1861, Union general
Benjamin Butler declared that three slaves who escaped to Union lines were
contraband of war, and accordingly he refused to return them, saying to a man who sought their return, "I am under no constitutional obligations to a foreign country, which Virginia now claims to be". On May 30, after a cabinet meeting called by President Lincoln, "Simon Cameron, the secretary of war, telegraphed Butler to inform him that his contraband policy 'is approved.'" This decision was controversial because it could have been taken to imply
recognition of the Confederacy as a separate, independent sovereign state under international law, a notion that Lincoln steadfastly denied. In addition, as contraband, these people were legally designated as "property" when they crossed Union lines and their ultimate status was uncertain.
Governmental action toward emancipation Image:Emancipation proclamation.jpg|thumb|upright=1.25|
First Reading of the Emancipation Proclamation of President Lincoln by
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Portrait of Andrew Jackson In December 1861, Lincoln sent his first annual message to Congress (the
State of the Union Address, but then typically given in writing and not referred to as such). In it he praised the free labor system for respecting human rights over property rights; he endorsed legislation to address the status of contraband slaves and slaves in loyal states, possibly through buying their freedom with federal money; and he endorsed federal funding of voluntary colonization. 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. On March 13, 1862, Congress approved an
Act Prohibiting the Return of Slaves, which prohibited "All officers or persons in the military or naval service of the United States" from returning fugitive slaves to their owners. Pursuant to a law signed by Lincoln, slavery was abolished in the
District of Columbia on April 16, 1862, and owners were compensated. Compensated owners included free black people who had purchased the freedom of family members. On June 9, 1862, Congress passed a bill that
prohibited slavery in all current and future
United States territories (though not in the states), and, on June 19, President Lincoln signed it into law. This act effectively repudiated the 1857 opinion of the
Supreme Court of the United States in the
Dred Scott case that Congress was powerless to regulate slavery in U.S. territories. It also rejected the notion of
popular sovereignty that had been advanced by
Stephen A. Douglas as a solution to the slavery controversy, while completing the effort first legislatively proposed by
Thomas Jefferson in 1784 to confine slavery within the borders of existing states. On August 6, 1861, the
First Confiscation Act freed the slaves who were employed "against the Government and lawful authority of the United States." On July 17, 1862, the
Second Confiscation Act freed the slaves "within any place occupied by rebel forces and afterwards occupied by forces of the United States." The Second Confiscation Act, unlike the First Confiscation Act, explicitly provided that all slaves covered by it would be permanently freed, stating in section 10 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 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." However, Lincoln's position continued to be that, although Congress lacked the power to free the slaves in rebel-held states, he, as commander in chief, could do so if he deemed it a proper military measure. By this time, in the summer of 1862, Lincoln had drafted the Preliminary Emancipation Proclamation, which he issued on September 22, 1862. It declared that, on January 1, 1863, he would free the slaves in states still in rebellion. Lincoln responded in his open
letter to Horace Greeley of August 22, 1862: Lincoln scholar
Harold Holzer wrote about Lincoln's letter: "Unknown to Greeley, Lincoln composed this after he had already drafted a preliminary Emancipation Proclamation, which he had determined to issue after the next Union military victory. Therefore, this letter, was in truth, an attempt to position the impending announcement in terms of saving the Union, not freeing slaves as a humanitarian gesture. It was one of Lincoln's most skillful public relations efforts, even if it has cast longstanding doubt on his sincerity as a liberator." Historian
Richard Striner argues that "for years" Lincoln's letter has been misread as "Lincoln only wanted to save the Union." However, within the context of Lincoln's entire career and pronouncements on slavery this interpretation is wrong, according to Striner. Rather, Lincoln was softening the strong Northern
white supremacist opposition to his imminent emancipation by tying it to the cause of the Union. This opposition would fight for the Union but not to end slavery, so Lincoln gave them the means and motivation to do both, at the same time. Each of these envoys carried with him a letter from Lincoln stating that if the people of their state desired "to avoid the unsatisfactory" terms of the Final Emancipation Proclamation "and to have peace again upon the old terms" (
i.e., with slavery intact), they should rally "the largest number of the people possible" to vote in "elections of members to the Congress of the United States ... friendly to their object". Later, in his
Annual Message to Congress of December 1, 1862, Lincoln proposed an amendment to the
U.S. Constitution providing that any state that abolished slavery before January 1, 1900, would receive compensation from the United States in the form of interest-bearing U.S. bonds. Adoption of this amendment, in theory, could have ended the war without ever permanently ending slavery, because the amendment provided, "Any State having received bonds ... and afterwards reintroducing or tolerating slavery therein, shall refund to the United States the bonds so received, or the value thereof, and all interest paid thereon". In his 2014 book, ''
Lincoln's Gamble'', journalist and historian
Todd Brewster asserted that Lincoln's desire to reassert the saving of the Union as his sole war goal was, in fact, crucial to his claim of legal authority for emancipation. Since slavery was protected by the Constitution, the only way that he could free the slaves was as a tactic of war—not for its own sake. But that carried the risk that when the war ended, so would the justification for freeing the slaves. Late in 1862, Lincoln asked his Attorney General,
Edward Bates, for an opinion as to whether slaves freed through a war-related proclamation of emancipation could be re-enslaved once the war was over. Bates had to work through the language of the
Dred Scott decision to arrive at an answer, but he finally concluded that they could indeed remain free. Still, a complete end to slavery would require a constitutional amendment. Conflicting advice as to whether to free the slaves was presented to Lincoln in public and private.
Thomas Nast, a cartoon artist during the Civil War and the late 1800s considered "Father of the American Cartoon", composed many works, including a two-sided spread that showed the transition from slavery into civilization after President Lincoln signed the Proclamation. Nast believed in equal opportunity and equality for all people, including enslaved Africans or free blacks. A mass rally in Chicago on September 7, 1862, demanded 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 blacks: 91.2% and 49.7%, respectively, in 1860. ==Drafting and issuance of the Proclamation==