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LINCOLN'S FIRST PROCLAMATION OF FREEDOM.

253

Rebellion, nor in any way giren aid and comfort thereto: and no person engaged in the military or naval service of

the United States shall, under any pretenso whaterer, per

nssume to decide on the validity of the ciaim of any press such persons, or any of them, in any

person to the service or labor of any other person, or

surrender up any such person to the claimant, on pain efforts they may make for their actual free of being dismissed from the service.' dom.

“And I do hereby enjoin upon and order "That the Executive will, on the 1st all persons engaged in the military and day of January aforesaid, by proclamation, naval service of the United States to ol)designate the States and parts of States, if serve, obey, and enforce, within their reany, in which the people thereof respect- spective spheres of service, the act and ively shall then be in rebellion against the sections above recited. United States; and the fact that any State, “And the Executive will in due time or the people thereof, shall on that day be recommend that all citizens of the United in good faith represented in the Congress States, who shall have remained loyal thercof the United States, by members chosen to throughout the Rebellion, shall (upon tho thereto at elections wherein a majority of restoration of the constitutional relation the qualified voters of such State shall have between the United States and their roparticipated, shall, in the absence of strong spective States and people, if that relation conntervailing testimony, be deemed con- shall have been suspended or disturbed) be clusive evidence that such State, and the compensated for all losses by acts of the people thereof, are not then in rebellion United States, including the loss of slaves. against the United States.

“In witness whereof, I have hereunto set “That attention is hereby called to an iny hand and caused the seal of the United act of Congress entitled 'An Act to make States to be affixed. an additional Article of War,' approved “Done at the City of Washington, March 13th, 1862; and which act is in the

this twenty-second day of Septemwords and figures following:

ber, in the year of our Lord one ** Be it enacted by the Senate und Tlouse of Repre- (L. s.) thousand eight hundred and sixtysentatirer of the United States of America in Congress

two, and of the independence assembled, "That hereafter the following shall be promulgated as an additional article of war for the government

of the United States the eightyof the Army of the United States, and shall be obeyed

seventh. and observed as such: **SECTION 1. All officers or persons in the military

" ABRAHAM Lincoln. or naval service of the United Siates are prohibited froin "By the President: employing any of the forces under their respective commands for the purpose of returning fugitives from service

"William H. Seward, Secretary of State." or labor who may have escaped from any persons to whom such service or labor is claimed to be due; and It has been alleged that the apany officer who shall be found guilty by a court-martial of violating this articlo shall be dismissed from the service.

**Sec. 2. And be it further enacted, That this act ened by confidential representations shall take effect from and after its passage.'

from our Embassadors at the Courts " Also, to the ninth and tenth sections of an act entitled 'An Act to Suppress Insur- of Western Europe, that a recognirection, to Punish Treason and Rebellion, tion of the Confederacy was immito Seize and Confiscate Property of Rebels, 1 and for other Purposes,' approved July 16,

18 nent, and could hardly be averted 1862; and which sections are in the words otherwise than by a policy of Emanand figures following:

cipation. The then Attorney-Gen**Sec. 9. And be it further enacted, That all slaves of persons wbo shall bereafter be engaged in rebellion against the Government of the United States, or who eball in any way give aid or comfort thereto, cscaping for this statement; but it is still genfron such persons and taking refuge within the lines of the army; and all slaves captured from such persons, or erally regarded as apocryphal. It has deserted by them and coming under the control of the Government of the Uniteil States, and all slaves of such been likewise asserted that the Presipersons found on (or being within any place occupied by Rebel forces and afterwarıl occupied by forces of the dent had fully decided on resorting United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as to this policy some weeks before the

. Sec. 10. And be it further enacted, That no slave Proclamation appeared, and that he pscaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or | only withheld it till the military in any way impeded or hindered of his liberty, except for erime, or some offense 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 borde arms against the United States in the present

Edward Bates, of Missouri.

slaves

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probable the assumption that its There were some counterbalancing appearance was somewhat delayed, changes in the States of Delaware, awaiting the issue of the struggle in Maryland, Kentucky, and Missouri, Maryland, which terminated with as also in that of California, where the battle of Antietam."

the larger share of the Douglas vote Whether the open adhesion of the of 1860 was in ’62 cast for the Union President at last to the policy of tickets; but it was clear, at the close Emancipation did or did not contri- of the State Elections of that year, bute to the general defeat of his sup- that the general ill success of the porters in the State Elections which War for the Union, the wide-spread soon followed, is still fairly disput- and increasing repugnance to Conable. By those elections, Horatio scription, Taxation, a depreciated Seymour was made Governor of New Currency, and high-priced Fabrics, York and Joel Parker of New Jersey: were arraying Public Sentiment supplanting Governors Morgan and against the further prosecution of the Olden; while Pennsylvania, Ohio, In- contest. Of course, the Opposition diana, and Illinois, also gave Opposi- inveighed against the management tion majorities; and Michigan, Wis- of the War and of the Finances, the consin, and most other Western treatment of Gen. McClellan, and the States, showed a decided falling off in general inefficiency and incapacity of Adininistration strength. The gene- the Administration; but the strength ral result of those elections is summed of that Opposition inhered in popuup in the following table :

lar repugnance to the sacrifices ex1360-President. 1862–Gov. OR CONGRESS. acted by and the perils involved in a

prosecution of the struggle, though

its most general and taking clamor 118,81% 128,166 deprecated only “The perversion of

69.716 62.102 the War for the Union into a War 3266,074 50.898 for the Negro." Ignoring the sol

diers battling for the Union of 10 States.....1,498,872 1,290,806 1,192,896 1,228,677 1360—Lincoln's maj. ---208,066. 1862-Opp. maj.—35,751.

whom at least three-fourths voted The Representatives in Congress

Republican at each election wherein chosen from these States were politi

they were allowed to vote at all ; but cally classified as follows:

who had not yet been enabled to vote 1962.

in the field, while their absence cre| ated a chasm in the Administration vote at home—it is quite probable that, had a popular election been held at any time during the year following the Fourth of July, 1862, on

the question of continuing the War Total, 10 States....... 1860— Lincoln maj.—41. 1862—Opposition maj., 10.

or arresting it on the best attainable NOTE--A new apportionment under the Census of 1860 changed materially, between 1860 and 1862, the number of Representatives from several of the States.

for Peace; while it is highly probay Fought Sept. 17th-Proclamation of Free- | Wisconsin Soldiers' Vote: Admn., 8,373; Opp., dom, dated 22d.

2,046. No other States had yet authorized their sa Soldiers' vote: Admn., 14,874; Opp., 4,115. soldiers in the field to vote.

Stater. LINCOLN, All others. New York.... 862.646 312,510 New Jersey... 58.324 62,801 Pennsylvania.. 265,030 208.419 Ohio ........ 231,610 210,831 Indiana....... 139,033 183,110 Illinois........ 172.161 161215 Michigan ..... 88,480 66.267 Wisconsin ....

86,110 66,070

70,409 57,922 Minnesota .... 22.069 12,668

ADMIN. Opp.
295,897 306, 619

46,710 61.807
215,616 219,140
178,755 184,832
118.017 128 160
120,116 136 662
68.716 62.102

66,801 67.955 3266,034 50.898

15,754 11,442

Iowa.....

1860. REPUR. Dem.

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New York.....
New Jerses....
Pennsylvania.
Ohio
Indiana..
Illinois,
Michigan .....
Wisconsin....
Iowa......
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LINCOLN'S SECOND PROCLAMATION OF FREEDOM. 255

ble that a still larger majority would | States in time of actual armed rebellion

agaiost the authority and Government of have voted against Emancipation. From an early hour of the struggle, war measure for suppressing said rebellion, the public mind slowly and steadily

do, on this first day of January, in the year

of our Lord one thousand eight hundred and gravitated toward the conclusion that sixty-three, and in accordance with my purthe Rebellion was vulnerable only or pose so to do, publicly proclaimed for the

full period of one hundred days from the mainly through Slavery; but that

| day first above mentioned, order and desconclusion was scarcely reached by a ignate as the States and parts of States majority before the occurrence of the wherein the people thereof respectively are

this day in rebellion against the United New York Riots, in July, 1863. The States, the following: to wit: President, though widely reproached “Arkansas, Texas, Louisiana (except the with tardiness and reluctance in tak-!

in tolparishes of St. Bernard, Plaquemine, Jeffer

son, St. John, St. Charles, St. James, Ascening up the gage plainly thrown down sion, Assumption, Terre Bonne, Lafourche, by the Slave Power, was probably

St. Mary, St. Martin, and Orleans, including

the city of New Orleans), Mississippi, Alabaahead of a majority of the people of

ma, Florida, Georgia, South Carolina, North the loyal States in definitively accept Carolina, and Virginia (except the forty-eight ing the issue of Emancipation or Dis

counties designated as West Virginia, and

also the counties of Berkeley, Accomac, union.

Northampton, Elizabeth City, York, PrinHaving taken a long step in the

cess Anne, and Norfolk, including the cities

of Norfolk and Portsmouth), and which exright direction, he never retracted nor

cepted parts are, for the present, left preciseseemed to regret it; though he some- ly as if this proclamation were not issued. times observed that the beneficial re.

“And, by virtue of the power and for the

purpose aforesaid, I do order and declare sults of the Emancipation policy were that all persons held as slaves within said neither so signal nor so promptly designated States and parts of States are realized as its sanguine promoters the Executive Government of the United

and henceforward shall be free; and that had anticipated. Nevertheless, on the States, including the military and naval auday appointed, he issued his absolute th

thorities thereof, will recognize and main

tain the freedom of said persons. Proclamation of Freedom, as follows:

“And I hereby enjoin upon the people so “Thereas, on the 22d day of September, declared to be free to abstain froin all vioin the year of our Lord 1862, a proclamation lence, unless in necessary self-clefense; and was issned by the President of the United | I recommend to them that, in all cases States, containing, among other things, the when allowed, they labor faithfully for reafollowing, to wit:

sonable wages. * * That on the 1st day of January, in the year of our “And I further declare and make known Lord 1963, all persons held as slaves within any State

that such persons, of suitable condition, will or designated part of a State, the people whereof shall then he in rebellion against the United States, shall be be received into the armed service of the then, thenceforward, and forever free, and the Executivo United States to garrison forts, positions, Government of the United States, including the military and naval authority thereof, will recognize and maintain

stations, and other places, and to man vesthe freedom of such persons, and will do no act or acts sels of all sorts in said service. to repress such persains, or any of them, in any efforts

“And upon this act, sincerely believed to they inay make for their actual freedom.'

* That the Executive will, on the first day of January be an act of justice, warranted by the Cunaforesaid, by proclamation, designate the States and parts stitution upon military necessity, I invoke of States, if any, in which the people ther of respectively bhall then be in rebellion against the United states; anil

the considerate judgment of mankind, and the fact that any State, or the people thereof, shall on the gracious favor of Almighty God. that day be in good faith represented in the Congress of

"In testimony whereof, I have hereunto the United States, by members chosen therito at elections wherein a majority of the qualified voters of such | set my name, and caused the seal of the State shall bave jarticipated, sball, in the absence of

United States to be affixed. strong countervailing testiinony, be deemned conclusive evidence that such State, and the people thereof, aru not

“Done at the city of Washington, this then in rebellion against the United States.'

1st day of January, in the year of our - Now, therefore, I, ABRAJAM Lincolx, fl. s.] Lord 1863, and of the independence President of the United States, by virtue of

of the United St:ites the 87th. the power in me vested as Cominander-in- “By the President: ABRAHAM Lixcolx. chief of the Army and Navy of the United | “William H. SEWARD, Secretary of State."

On the abstract question of the the Union—an efficient instrument in the

hands of the Rebels for carrying on the war right of the Government to proclaim

-a source of military strength to the Rebeland enforce Emancipation, Edward lion, and of danger to the Government at Everett, in a speech in Faneuil Hall, / home and abroad, with the additional cer

| tainty that, in any event but its abandonBoston, October, 1864, forcibly said : ment, it will continue in all future time to

work these mischiefs, who can suppose it is “It is very doubtful whether any act of the duty of the United States to continue to the Government of the United States was recognize it? To maintain this would be a necessary to liberate the slaves in a State contradiction in terms. It would be to rewhich is in rebellion. There is much reason cognize a right in a Rebel master to employ for the opinion that, by the simple act of his slave in acts of rebellion and treason, levying war against the United States, the and the duty of the slave to aid and abet relation of Slavery was terminated ; certain- his master in the commission of the greatest ly, so far as concerns the duty of the United crime known to the law. No such absurdity States to recognize it, or to refrain from can be admitted ; and any citizen of the Uniinterfering with it. Not being founded on ted States, from the President down, who the law of nature, and resting solely on posi- should, by any overt act, recognize the duty tive local law—and that not of the United of a slave to obey a Rebel master in a hosStates—as soon as it becomes either the tile operation, would himself be giving aid motive or pretext of an unjust war against and comfort to the enemy."

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XII.

SLA VERY AND EMANCIPATION IN CONGRESS.

THE XXXVIIth Congress, as we the extra session, evinced a steadihave seen '—while endeavoring to ly growing consciousness—steadily evade or to avert its eyes from the growing in the legislative as well as fact that it was Slavery which was the popular’ mind—that Slavery had waging deadly war on the Union, closed with the Union in mortal did yet give fair notice, through the strife—a struggle which both could guarded but decisive language of not survive.' some of the more conservative Re- Still, President Lincoln hesitated publicans, that, if the Rebellion were and held back; anxious that the persisted in, it must inevitably result Union should retain its hold on the in the overthrow of Slavery. And Border Slave States, especially on the action of that Congress, even at Kentucky; and apparently hoping Vol I., pp. 564-8.

by Gen. Scott, and apparently acceded to by the On the day after the Bull Run rout, the Cabinet, he proceeds: writer first heard this conviction openly de "I have said that the war may assume anothclared. The credit of the avowal belongs to er aspect, and be a short and bloody one. And Gen. John Cochrane.

to such a war-an anti-Slavery war-it seems • Hon. Elisha R. Potter, of Rhode Island,

to me we are inevitably drifting. It seems to

me hardly in the power of human wisdom to who may be fairly styled the hereditary chief of

prevent it. We may commence the war without the Democratic party of that State-made a meaning to interfere with Slavery; but let us speech on the War to the Senate thereof on the have one or two battles, and get our blood exci. 10th of August, 1861. After distributing the ted, and we shall not only not restore any more blame of inciting the War between the Northern

slaves, but shall proclaim freedom wherever we

go. And it seems to me almost judicial blindand the Southern 'ultras,' dilating on the re

ness on the part of the South that they do not sources of the South, and elucidating the no- see that this must be the inevitable result, if fighting, 'anaconda' mode of warfare proposed the contest is prolonged."

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