History That Doesn't Suck - 55: The Road to The Emancipation Proclamation

Episode Date: January 6, 2020

“The Proclamation is the drawing of a sword that can never be sheathed again.” This is the story of the Emancipation Proclamation. Anti-slavery, moderate-Republican President Abraham Lincoln has never liked slavery. He wants to prevent it from expanding to new US territories. But he also never intended to go on the offensive against the “peculiar institution” within those states where it already exists. The Illinois Rail-Splitter knows the law; he’s aware that the Constitution protects slavery at the state level. Then the Civil War came. As the South breaks away from the Union, the North breaks philosophically on slavery. The abolitionists say ending slavery must be a war aim. The Democrats and border states say this war is only about preserving the Union. Moderate Republicans and still others are mixed. Meanwhile, enslaved Americans within the Confederacy are seeking refuge in Federal army camps. How should Union Generals respond? Can they give sanctuary without upsetting the border states that may still join the Confederacy? And do seceded states still have constitutional rights? Or does war mean the president can use his constitutional war powers to end slavery among rebelling states by proclamation? And if he does … what will that outcome be? The questions are boundless. The answers are unknowable without taking the plunge. Your move, President Lincoln. ____ Connect with us on HTDSpodcast.com and go deep into episode bibliographies and book recommendations join discussions in our Facebook community get news and discounts from The HTDS Gazette  come see a live show get HTDS merch or become an HTDS premium member for bonus episodes and other perks. Learn more about your ad choices. Visit megaphone.fm/adchoices

What did it take to survive an ancient siege? Why was the cult of Dionysus behind so many slave revolts in ancient Rome? What's the tragic history and mythology behind Japan's most haunted ancient forest? We're Jen and Jenny from Ancient History Fangirl. Join us to explore ancient history and mythology from a fun, sometimes tipsy, perspective. Find us at ancienthistoryfangirl.com or wherever you get your podcasts. From the creators of the popular science show with millions of YouTube subscribers comes the MinuteEarth podcast. Every episode of the show dives deep into a science question you

might not even know you had, but once you hear the answer, you'll want to share it with everyone you know. Why do rivers curve? Why did the T-Rex have such tiny arms? And why do so many more kids need glasses now than they used to? Spoiler alert, it isn't screen time. Our team of scientists digs into the research and breaks it down into a short, entertaining explanation, jam-packed with science facts and terrible puns. Subscribe to MinuteEarth wherever you like to listen. Welcome to History That Doesn't Suck. I'm your professor, Greg Jackson, and as in the classroom, my goal here is to make rigorously researched history come to life as your storyteller. Each episode is the result of laborious research,

with no agenda other than making the past come to life as you learn. If you'd like to help support this work, receive ad-free episodes, bonus content, and other exclusive perks, I invite you to join the HTDS membership program. Sign up for a 7-day free trial today at htdspodcast.com slash membership, or click the link in the episode notes. Welcome to History That Doesn't Suck. I'm your professor, Greg Jackson, and I'd like to tell you a story. It's Sunday morning, July 13, 1862.

Some of the most influential Americans alive are riding together in the presidential carriage. Secretary of State William Henry Seward, who's accompanied by his daughter-in-law, Anna Seward, the heavily bearded Secretary of the Navy, Gideon Wells, and of course, the bearded, gangly rail splitter, President Abraham Lincoln. And I assume a somber mood hangs over them. They're en route to the funeral for Edwin Stanton's infant son, Jamie, at the same cemetery where the remains of 11-year-old Willie Lincoln await transportation back to Illinois. Yeah, talk about a time to mourn.

But the needs of a nation in the midst of a civil war never sleep. So as the horses clop along, pulling them down the road, heavy-hearted Lincoln continues to talk business. He shares a truly controversial idea with his companions. He's considering issuing a presidential proclamation that would legally emancipate those enslaved within the Confederacy. The rebels do not cease to persist in their war on the government and the Union, the high-pitched president declares. I have dwelt earnestly on the gravity, importance, and delicacy of the movement.

I have given it much thought and have come to the conclusion that it is a military necessity absolutely essential for the salvation of the Union. We must free the slaves or be ourselves subdued. His words weigh heavily on the other passengers. Lincolns abhorred slavery since childhood, they know that. But they also know that the celebrated lawyer and legal scholar that is their president has always understood the federal government to lack the constitutional authority to touch slavery within a state. Lincoln knows the legality, illegality, or regulation of slavery is a state right. So as

much as he might loathe and detest its practice, being president doesn't give him the legal standing to touch it within a given U.S. state. But notice Lincoln's words. He described freeing the Confederacy's enslaved as a military necessity. That's because, as Gideon Wells will later put it in his diary, quote, The slaves, if not armed and disciplined, were in the service of those who were, not only as field laborers and producers, but thousands of them were in attendance upon the armies in the field,

employed as waiters and teamsters, and fortifications and entrenchments were constructed by them. Close quote. In other words, the Confederate army is benefiting significantly from slave labor. And given the Confederacy's ongoing success after more than a year of fighting, including Robert E. Lee's victory over George McClellan's far larger forces at the Seven Days

Battle less than two weeks ago, yes, Lincoln thinks ending slavery within the rebelling states is a military necessity. And if that's the case, then it could be argued that he, as commander-in-chief of the U.S. armed forces, can do so by proclamation through his constitutionally granted war powers. But this carries huge risks. To an extent, he would be changing the nature of the war. The narrative of fighting only to preserve the Union will no longer hold. This would force an acknowledgement that this war is in fact largely about slavery, and aside from those radicals known as abolitionists, will Northerners abide this? Will they fight and die to end slavery?

This could also mean overhauling the entire southern economy after the war, and who knows what other unforeseen consequences. The carriage moves along. The lone clean-shaven man among them, Secretary of State William Henry Seward, speaks up. The subject involves consequences so vast and momentous that I should wish to bestow on it mature reflection before giving it a decisive answer, but my present opinion inclines to the measure as justifiable and perhaps expedient and necessary. Gideon, or Neptune as Lincoln likes to call the Navy Secretary, agrees with that sentiment. But as anti-slavery as everyone in this carriage is, they all need more time to reflect on such an enormous move. The conversation picks up and drops off several

times as their journey continues. As they near their destination, Lincoln makes a pointed request of his cabinet members. Give the question special and deliberate attention. Something must be done. And with that, the conversation ends. They descend from the carriage at Oak Hill Cemetery. Over a year into this war, we finally come to it, the story of the Emancipation Proclamation. Today we'll see Lincoln, an anti-slavery moderate Republican, move from the position that he lacks the

constitutional authority to touch slavery as a president in peacetime to one who has the authority to terminate the institution in places of rebellion during times of war. That's an important distinction because as you'll see, the Emancipation Proclamation will only apply to the Confederate states of America. That's also why you'll notice me talk about its impact on Confederate slavery, not American slavery. But I'm getting ahead of myself. First, we need to understand the various views held on slavery in the North, which runs the gamut from abolitionist to pro-slavery. Then we'll see the president try to keep all of these groups happy while saving the Union, only to learn he can't please everyone. Meanwhile, escaping slaves, referred to as contraband, complicate the picture, as does

Congress passing legislation that inches the United States toward a more perfect Union that one day soon won't include slavery. As all of the forces of self-emancipating slaves, a proactive Congress, and the realities of war combine, Lincoln will issue the Emancipation Proclamation. It's an ambitious day. Let's get going by heading back a year to when Abraham Lincoln first took on the mantle of U.S. President and start his evolution on his constitutional power to, and the expediency of of going on the offensive against confederate slavery. Rewind. In early 1861, President-elect Abraham Lincoln has no intention of ending slavery. Now, do not misunderstand me. Lincoln is anti-slavery. He was raised knowing slavery is evil. But being

anti-slavery and being an abolitionist are not the same in mid-19th century America. We covered this distinction in some of the episodes building up to the Civil War, but it's so crucial it bears repeating. Those who are anti-slavery morally disapprove of it. They do not want the expansion of slavery to new U.S. territories. They might even want to see slavery rolled back in places where the federal government holds jurisdiction, like Washington, D.C. But they are not going on the offensive where slavery is already entrenched and constitutionally legal, i.e. slave states. Sure, they hope slavery will die a natural death in those places,

as it has in the North, but this is generally as far as the anti-slavery crowd goes. They recognize the legal, though not moral, status of the institution in the United States. Those who call for an abrupt end to slavery in any and every U.S. territory and state, disruption to slavery-based economies be damned, those are abolitionists. And they are considered radical. So between these two positions, Lincoln falls into the prior. He's anti-slavery. Of course, historians and others will argue over just how anti-slavery or even abolitionist Lincoln may or may not be privately, but that will all be conjecture. At least in public and to this point, Honest Abe falls into the moderate Republican camp

of being anti-slavery. And he's been in this camp consistently. We heard him affirm his anti-slavery moderate Republican brand repeatedly when he famously debated Democrat Stephen Douglas during their 1858 contest for a U.S. Senate seat back in episode 43. If you don't recall that one, it's definitely worth revisiting. Stephen did everything he could to depict Lincoln as a radical abolitionist during those debates. Meanwhile, Lincoln did everything he could to come off as a moderate. Their strategies reflected the fact that both men knew only the more moderate position even had a chance of winning in the northern state of Illinois. And despite Lincoln's best efforts, pro-slavery Democrat Stephen Douglas won the seat. And now, in early 1861, newly elected President Abraham Lincoln remains an anti-slavery moderate

Republican who's run for and won the election on the basis that he will contain slavery where it is, but not seek to eliminate it. He reiterates this as he stands before 30,000 Americans in Washington City delivering his inaugural address on March 4th, 1861. Apprehension seems to exist among the people of the southern states that by ascension of a republican administration their property and their peace and personal security are to be endangered I have no purpose directly or indirectly to interfere with the institution of slavery

in the states where it exists I believe I have no lawful right to do so and I have no inclination to do so So there we have it. In Lincoln's own words, he does not believe he has the constitutional authority to touch slavery. Does he really have no inclination to do so? Hard to say. What I do know is that the nation is already coming apart at the seams as he speaks. Seven states have seceded and formed the Confederate States of America by this point. Seven states have seceded and formed the Confederate States

of America by this point. Union states on the border are considering where their loyalties lay and whether or not to secede as well. And Lincoln knows any hard talk on his part about slavery could be all it takes to push one or more of these border states into the CSA. Good God, talk about a rough first day as president. Oh, and it's only a month later, on April 12th and 13th, 1861, that the first shots of the Civil War are fired at Fort Sumter. Hmm, make that a first rough month. Even if he does have the inclination to meddle with slavery, he's savvy enough of a politician not to say so. The political climate only gets worse from here. Lincoln stuck with a coalition of odd bedfellows to fight the Confederacy. It includes abolitionists who say Confederates forfeited their

constitutional protection of slavery when they seceded, moderate Republicans like Lincoln, and union-loyal border states and Democrats, both of which consider abolitionist propositions contrary to the constitutionally protected rights of states and slave owners. Talk about a wide range of perspectives. For instance, the self-emancipated former slave and general champion of human rights, Frederick Douglass, perfectly expresses the abolitionist perspective with his May 1861 newspaper article, How to End the War. It boldly opens, quote, To our mind, there is but one easy, short, and effectual way to suppress and put down

the desolating war which the slaveholders and their rebel minions are now waging against the American government and its loyal citizens. Fire must be met with water, darkness with light, and the war for the destruction of liberty must be met with war for the destruction of slavery. The simple way, then, to put an end to the savage and desolating war now waged by the slaveholders is to strike down slavery itself, the primal cause of that war. Close quote. But what does the rising military star, soon-to-be commanding general of the United States Army and registered Democrat,

George Little Mac McClellan think? Let me quote him too. When the day of adjustment comes, I will, if successful, throw my sword into the scale to force an improvement in the condition of those poor blacks. I will never be an abolitionist, but I do think that some of the rights of humanity ought to be secured to the Negroes. There should be no power to separate families, and the right of marriage ought to be secured to them. I will not fight for the abolitionists. Close quote. Meanwhile, most Northerners are more in the middle. They want to preserve the union, but otherwise, they just don't care if slavery

does or doesn't continue. As one New York soldier put it, and heads up, this one is not comfortable to the 21st century ear. Quote, we must first conquer and then it's time enough to talk about the damned n****. Close quote. And yes, this is a very mainstream view in the north of 1861. So from their mouths to your ears, you can hear that northerners only agree on the need to save the Union. They're all over the map in regards to slavery, with the abolitionist crowd still being considered radical. No wonder the Illinois rail splitter doesn't want to touch the issue. But he can't avoid it for long. As the fight rages in the Confederacy's lower Mississippi Valley and Atlantic coast, some enslaved Americans settle the question by

emancipating themselves. They flee to Union camps, hoping for protection and liberty. It's a real gamble, though. Will they meet kind or cruel Union soldiers? Most, like the crass New Yorker I just quoted, simply don't care. Clearly, a policy on what to do with escaped slaves in Union camps needs to be sorted out. This starts with General Benjamin Butler. Do you remember Ben from episode 50's coverage of the Battle of New Orleans? Yeah, same guy. In May 1861, three slaves flee their master, a Confederate colonel at Fort Monroe, Virginia, and make their way to Ben's Union Army camp. They receive protection, but the next day, their master arrives under a white flag. He cites the 1850 Fugitive Slave Law and asks Ben to return his quote-unquote property. Well, the portly, balding New Englander has no interest in sending these enslaved Americans

back, so they can be forced to build fortifications for the CSA. So he makes a different legal argument. He tells the colonel that his property, these three American men, are now, quote-unquote, contraband of war. Nice, Ben. Look, if we're reducing human beings to property, surely then they can be seized by the Union army just like any other property, right? Ben's response soon catches on. But if this works well with escaped slaves fleeing to Union camps, other well-meaning

Union officers, like the old Western explorer we met back in the Mexican-American War, John C. the Pathfinder Fremont, make a real mess of things trying to emancipate slaves through martial law. After learning the hard way that his good looks can't win battles, hey, he might be getting older, but as with Sean Connery, when you've got it, you've got it. John, now a Union general, declares martial law in Missouri on August 30th, 1861. Under this not-run-by-President-Lincoln proclamation, the Pathfinder says all the slaves of anyone who supports the CSA in any way, shape, or form are now free. Lincoln's pissed. Remember the delicate coalition I described earlier? At this very moment, Honest Abe is in the midst of trying to keep

border state Kentucky from joining the Confederacy, and this is not encouraging the slave state to stand union strong. John has inadvertently created a political nightmare that could cost the union another state. Lincoln asks him to walk this proclamation back to align with Congress's new Confiscation Act. Passed on August 6th, it permits the U.S. to legally confiscate property, and yes, that means slaves, directly being used to promote the Confederacy's fight. But John refuses. As Kentucky screams, Lincoln feels compelled to order the Pathfinder to dial it back. This finally calms the bluegrass state. Another crisis avoided, but it's becoming evident to Lincoln that he can't keep dancing around slavery. The anti-slavery moderate is going to have to move one direction or the other.

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decision. He's leaning towards emancipation. But the rail splitter is going to take a different approach than Congress or his generals. Acutely aware of his constitutional limits, Lincoln tries to make a deal with the border states. Yes, he wants them to emancipate their slaves. Sure, they are loyal to the Union, but does that loyalty make them anti-slavery? Lincoln's about to find out. In February, the president comes up with a plan for gradual, compensated emancipation in the four border states still loyal to the Union, Delaware, Maryland, Kentucky, and Missouri. Lincoln decides to start in Delaware, so his scheme gets a super creative name, the Delaware Plan. His idea is

brilliant, its name, not so much. Anyway, here's what Lincoln tells Delaware. He wants them to emancipate their slaves, as has been done in many northern states, and offers to pay about $400 per slave to compensate slave owners. Lincoln has Treasury Secretary Salmon Chase run the numbers, and he knows that he's good for the money. So he tells Delaware he's not picky about how the state abolishes slavery, immediately or gradually, but he argues that in so doing, Delaware will send a signal to the rebel states that it will never join their cause.

Lincoln gets his friend from Delaware, Representative George Fisher, to shop this scheme around his state's legislature. If I can get this plan started in Delaware, I have no fear but that all the other border states will accept it, Lincoln tells him. While George Fisher takes straw polls in the Delaware Senate and House, Lincoln sends a message to Congress. On March 6, 1862, he asks them to pass a joint resolution that calls on all four border states to give up slavery. The United States ought to cooperate

with any state which may adopt gradual abolishment of slavery, giving to such state pecuniary aid. Many congressmen are on board, but the border states definitely aren't. One Delaware newspaper editor runs the numbers, and he figures the feds will have to cough up $900,000 for all the slaves in his state. He writes, quote, No man in his senses supposes the government intends to give Delaware $900,000. If it ever buys the slaves, Delawareans will be saddled with the cost. Close quote. With that kind of negative press, Lincoln has to take his time to make his case to the border states. He meets with their congressmen and pitches his Delaware plan, knowing that he lacks the authority to force

emancipation down the border states' throats. But even with his offer to compensate slave owners, they refuse. The best response he gets is from Maryland state reps, who send a note thanking Lincoln for, quote, proffering cooperation with those states which desire the emancipation of slavery, close quote, but it's not going to work for them. They explain, quote, before the adoption of that scheme, if it were even practicable, the slaves will have all escaped, close quote. So it's a no from Maryland. The other three border states are even more forceful. It's more of a hell no from Missouri, Delaware, and Kentucky. This setback frustrates Lincoln. But after being forced two steps back by the border states, he finds a way to take one step

forward. On April 11th, 1862, one day shy of the anniversary of the firing on Fort Sumter, Congress passes a law abolishing slavery in Washington, D.C. It offers current slave owners federal compensation and is very similar to one that Lincoln proposed when he was a congressman back in the 1840s. The president's pleased as can be. I have never doubted the constitutional authority of Congress to abolish slavery in this district, he says. Of course he hasn't, because Washington, D.C. is not a state. As every one of its future 21st century residents driving around with license plates reading, Taxation Without Representation can tell you, D.C. is under the purview of Congress. Anyway, Lincoln happily signed the Washington, D.C. Emancipation Bill on April

16th. Many abolitionists praised Congress and Lincoln for this action. Henry Ward Beecher writes, quote, we have found by experience that though Abraham Lincoln is sure, he is slow, and that though he is slow, he is sure. Close quote. Of course, emancipation hits a snag. The newly freed black men, women, and children don't have access to any services. They can't vote, use the courts, go to school, or even ride the city's new streetcars. In this political and social no-man's land, sick, orphaned, and elderly former slaves flock to D.C.'s already strained poorhouses. This won't work. The D.C. Emancipation Bill may point the country in the right direction, but it also shines a light on the struggles that freed slaves face in a racist and prejudiced society. Within a few months, well-meaning government officials and private citizens

set up several freedmen villages to provide housing, schools, and vocational training for former slaves trying to make a new life. One of these villages is on the confiscated Arlington estate that is the former home of none other than Confederate General Robert E. Lee. The irony of a camp-to-aid free black sitting on the Confederate's highest-ranking general's confiscated lands is not lost on many Americans. One D.C. newspaper cheers this newfound purpose for Bobby Lee's land. Quote, a happy thought has occurred to the Secretary of War, which it gives us pleasure to record. He ordered Colonel Green to organize the freedmen's village upon the Arlington estate. Close quote. While compensated emancipation in Washington, D.C. gets off the

ground, Lincoln continues to consider how he can end slavery in the whole country. So he doesn't appreciate it when yet another general tries to get out ahead of him. Major General David Hunter commands federal forces in the Southern District, which includes South Carolina, Georgia, and Florida. On May 9, 1862, Dave declares martial law in his district. Now, I can't confirm this, but he might be doing it just to keep people from making fun of his weird dumb-and-dumber bowl-cut-meets-comb-over-hair style and handlebar mustache so long and stringy you know it's dripping when he eats soup. At any rate, no matter his reasons, Dave's well within his authority as a general to declare martial law. But the general goes another step.

He declares all slaves in his district free because slavery is incompatible with the free country. Sounds great, right? Dave has abolished slavery in three states in one fell swoop. So why isn't Lincoln celebrating? Well, like John Fremont before, Dave's way outside of his authority here. He didn't get approval from a CO or the War Department or the President to free any slaves. And Lincoln may not have much soldiering experience apart from seeing no action in the Black Hawk War,

but he knows what a chain of command is. The commander-in-chief has to rescind the order just to keep Dave from assuming powers he shouldn't. But Lincoln has another reason to rein in Dave's emancipation attempt. The president wants to find a legal, non-military way to end slavery. He's hoping to prevent the courts from overturning any slave freeing actions. If you remember the Dred Scott v. Sanford case from episode 41, you know that Lincoln is justified in worrying that courts will protect slavery. So the president's pretty sure that stringy mustachio Dave's attempt to free slaves won't stand the test of time. On May 19th,

Lincoln revokes the military emancipation order and tells Dave to get back in line. Abolitionist Senator Charles Sumner is not happy about Lincoln's move. The Massachusetts man tells a friend, I deplore what he has done. Other congressmen voice their concerns more publicly. Pennsylvania Representative Thaddeus Stevens gives a speech in the House saying Lincoln's administration should, quote, follow out the policy which has been inaugurated by that gallant, sagacious soldier, Hunter, who now commands our army in South Carolina. Close quote. Radical Republican Thaddeus Stevens wants action. He and many other congressmen are tired of waiting on the cautious president. Thaddeus is wants action. He and many other congressmen are tired of waiting on the cautious

president. Thaddeus is ready to free the slaves whether or not the border states, moderate Republicans, and Democrats agree. On July 2nd, the dark-haired Pennsylvanian locks his deep-set eyes on his fellow congressman and declares, I have protested against the present policy, not only to the people, but to the face of the president and his cabinet and on the floor of Congress. To prove how serious they are about action, Congress passes two bills. On June 19th, they put an end to slavery in all current and future U.S. territories. Through this act, Congress thumbs its nose at the Dred Scott decision and kills the idea of popular sovereignty, that is, that territorial residents can decide on slavery for themselves, once and for all. Months later, they pass their second Confiscation Act. The July 17, 1862 Act gives

more teeth to last year's bill. It allows soldiers to seize the property of, quote, any person within any state or territory of the United States being engaged in armed rebellion against the government of the United States or aiding or abetting such rebellion, close quote. So if you support the rebellion in any way, Union troops can seize your property. The bill also gets rid of the ambiguous status of runaway slaves who make it to Union lines, freeing them and clarifying that they will, quote, not again be held as slaves, close quote. Senator Charles Sumner approves of the stronger Confiscation Act. After all, he recently spent months recovering from being caned from making some anti-slavery and insulting remarks. Want that

story? Check out episode 41. Anyway, now that he's back on his feet, Charles refuses to sit around the Senate chamber twiddling his thumbs. When discussing this latest confiscation act, the muttonchop sporting legislator tells his fellow senators, quote, The slaves of rebels cannot be regarded as property, real or personal. At home, beneath the lash and local law, they may be chattels, but they are known to our constitution only as men, close quote. And Lincoln agrees. He's pretty sure this congressional act will hold up in court and any slave freed under it will be able to remain free. But he still wants a more permanent, all-encompassing emancipation plan. Before doing anything drastic, Lincoln tries to

bring in the border states one last time. On July 14th, he meets with 20 representatives from the loyal to the Union but slave-holding states. Again, he offers them federal funding for any emancipation plan they can put on paper. That night, they send him a strongly worded reply. Basically, they tell Lincoln he can take that Delaware plan and shove it up his top hat. I can almost picture these guys sitting around a desk writing this letter together, their scribes eagerly trying to record every insulting and emphatic phrase they blurred out. The last line of their rejection message tells Lincoln, quote, Confine yourself to your constitutional authority.

Close quote. To put that in 21st century parlance, hashtag stay in your lane. Damn. All right. Message received. There's another group trying to get in Lincoln's way too. The Peace Democrats. Under the weight of this brutal war, a fissure has appeared in the Democratic Party. In brief, we've got two camps. The first camp is the War Democrats. These are people like General George McClellan, who believe war is necessary to restore the Union.

But they still don't want emancipation. The second camp calls themselves Peace Democrats. These anti-war and anti-emancipation politicians have had enough of this bloody, devastating conflict. They want to negotiate a peace deal with the Confederacy. Yesterday. Republicans see this pipe dream as little more than treason. They call the Peace Democrats copperheads, since they must be snakes in the grass hoping for the Union's demise. Despite their disagreements, the Peace and War Democrats hold together on one issue, emancipation. They vote as a bloc against any emancipation measure, including both

Confiscation Acts and Washington, D.C. compensated emancipation. But by the summer of 1862, Lincoln is done trying to keep either camp of the Democratic Party happy. Between their responses to compensated emancipation plans and freeing runaway slaves, it's clear to him that he will never make them happy as this war progresses. So Lincoln decides to move forward with emancipation where he constitutionally can via wartime powers, meaning within the rebellious states, aka the Confederacy. He's got enough political allies and a little military backing to make this happen. Several generals, not just the ones trying to free slaves themselves, are on board with

Confederate emancipation. This means moving from a gentleman's war that will restore the Union to total war. I referenced this idea back at Shiloh in episode 48, but let me refresh your memory. In short, total war means destroying not just armies, but lands and even social structures to end the war and make way for a new Union, a Union without slavery. General Ulysses S. Grant is ready. Ulysses is currently stationed in northern Mississippi and orders his men to comply with recent confiscation acts. They give clothes, food, tobacco, and employment to any runaway slave that shows up in their camp. But the soldiers do not actively entice slaves to run away. In adhering to the law, Ulysses makes himself invaluable to Lincoln.

He follows orders without complaint, unlike George McClellan, but doesn't put the cart before the horse, unlike Dave Hunter or John C. Fremont. Ulysses feels for the frightened, self-emancipated former slaves in his camps. He writes to his sister Mary, I don't know what is to become of these poor people in the end. But Lincoln has a plan. He's ready to move beyond limited confiscation acts and gradual compensated emancipation in the border states. As you heard in this episode's opening, Lincoln tells a few trusted friends about his proposal for Confederate emancipation on a military necessity basis

while traveling in a carriage to the Stanton child's funeral on July 13th. But he doesn't keep his plan to himself for long. Only a week later, on July 20th, Lincoln's secretary John Hay writes, quote, the president himself has been the bulwark of the institution he abhors for a year, but he will not conserve slavery much longer. When next he speaks in relation to this defiant and ungrateful villainy, it will be with no uncertain sound. Close quote. John Hayes' prophecy comes true on July 22nd. Lincoln calls in his entire cabinet for a special meeting. He gets it started by announcing, I understand the differences in the cabinet on the slave question.

That said, Lincoln has something to share with them on which he will welcome comments, but he firmly states, I have resolved to take this step and have not called you together to ask your advice, but to lay the subject matter of a proclamation before you. Lincoln pulls two sheets of paper from his coat pocket and puts on his reading glasses. He quietly reads the draft of the Emancipation Proclamation. The cabinet members sit in varying degrees of shock. And who can blame them?

Lincoln's proposal, while abiding by established wartime precedent, goes against decades of U.S. case law. He is proposing to emancipate the 3.5 million slaves living in the Confederacy. This is huge. War Secretary Edwin Stanton, or Mars as President often calls him, and Attorney General Edward Bates love it and want to publish it immediately. Edward Bates has personal reasons to support the proclamation. His four sons are fighting on both sides. If this proclamation will end the war and bring his boys home, he is all in.

Other cabinet members have some reservations. Navy Secretary Gideon Neptune Wells sees that Lincoln's idea is, quote, fraught with consequences, immediate and remote, such as human foresight could not penetrate. Close quote. Cabinet members voice their opinions. Some want to try gradual emancipation with colonization, that is, sending newly freed black Americans elsewhere, somewhere that isn't the United States. Others want to stick with the current confiscation scheme, allowing generals to free slaves and have them join the army. But remember, Lincoln's not asking for advice. His mind is made up. He will issue the proclamation. Honest Abe listens to his advisors,

but tells the cabinet that, I had already fully anticipated your arguments and settled in my own mind. Nonetheless, Secretary of State William Henry Seward brings up a solid point. Henry, yeah, he's a middle name goer, is worried about the timing of the proclamation. Mr. President, I approve of the proclamation, but I question the expediency of its issue at this juncture. The depression of the public mind, consequent upon our repeated reverses, is so great that I fear it may be viewed as the last measure of an exhausted government, a cry for help, our last shriek on the retreat. Lincoln considers Henry's advice because, yeah, he's right. Confederate General Bobby Lee and his boys have just demolished

and embarrassed Union General George Little Mac McClellan's forces in Virginia. Not a good look. So the lanky president decides he'll wait for a Union victory on the battlefield before going public with the proclamation. But the Illinois rail splitter is not one for inaction. While he waits for the Union army to produce results in battle, the president tries to think of ways to make his Emancipation Proclamation work. Lincoln has a knack for reading public opinion and he knows that most Americans hold racist, anti-emancipation views. He genuinely believes that the idea of black colonization would make emancipation palatable to many Americans. As he explains, With public sentiment, nothing can fail. Without it, nothing will succeed. With that in mind, Lincoln does something unprecedented. On August 14th, the president

invites a group of freed slaves and black leaders to the White House. He tells them slavery is the greatest wrong inflicted on any people. He goes on to explain that he wants to end slavery, but he can't end racism. There is an unwillingness on the part of our people, harsh as it may be, for you free colored people to remain among us. I do not mean to discuss this, but to propose it as fact with which we have to deal. Uncomfortable as it is to our 21st century ears, Lincoln thinks that black Americans will be better off emigrating en masse to another country. The president asks his guests to educate other former slaves and

free blacks about the benefits of colonization. He wants them to gather volunteers for a government sponsored colonization pilot program. But they're going to get a hard no. Many black leaders denounce the proposal. One man writes to Lincoln, quote, this is our country as much as it is yours, and we will not leave it, close quote. Frederick Douglass publicly calls Lincoln out on his, quote, contempt for Negroes, close quote, and his, quote, canting hypocrisy, close quote. The abolitionist newspaper, The Liberator, argues that the U.S. has enough space for every person on the globe, so why should it consider exiling the entire colored population to a distant shore? It seems that while Lincoln may have a good sense of white public sentiment, he does not have a finger on the pulse of black popular opinion.

After the scathing backlash, he stays quiet have a finger on the pulse of Black popular opinion. After the scathing backlash, he stays quiet on Black colonization. This experience, along with his future interactions with Black soldiers and leaders like Frederick Douglass, changes Lincoln's mind. He will eventually learn to respect his Black fellow countrymen and forever abandon the idea of colonization. In the meantime, Lincoln finally gets the army victory for which he's been waiting. As you heard in episode 52, on September 17th, Union General Little Mac squeaks out a victory against Confederate General Bobby Lee's army at Sharpsburg, Maryland. But this tepid Union win on the banks of Antietam Creek is enough for Lincoln. Now his proclamation won't look like a desperate Hail Mary play,

or as William Henry Seward said, a last shriek on the retreat. Instead, it will add fuel to the brightly burning fire of the Union's cause. So on Monday, September 22nd, Lincoln tells his cabinet that he will issue the Emancipation Proclamation the next day. On a vulnerable and personal note, Lincoln reveals to his trusted advisors, When the rebel army was at Frederick, I determined as soon as it should be driven out of Maryland to issue a proclamation of emancipation. I said nothing to anyone, but I made the promise to myself and to my maker. The rebel army is now driven out and I am going to fulfill that promise. He goes on saying that the action of the army against the rebels has not been quite

what I should have liked, but Lincoln can't be sure when another success will come his way. So he seizes this moment. The proclamation, written in dry legalese instead of Lincoln's customary elegant prose, is published on September 23, 1862, and will go into effect on January 1, 1863. It reads in part, Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me, vested as Commander-in-Chief of the Army and President of the United States, by virtue of the power in me vested as Commander in Chief of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, I do order and declare that all persons held as slaves within said designated states are and henceforward shall be free.

That on the first day of January, in the year of our Lord, 1863, all persons held as slaves within any state, the people whereof shall then be in rebellion against the United States, shall be then, fence forward, and forever free. Crowds of cheering people show up at the White House that afternoon to applaud their president. Lincoln comes to a window and gives an impromptu speech. Though it won't go into effect for a few months, Lincoln tells his supporters that this proclamation will change the course of the war. I can only trust in God. I have made no mistake. He then acknowledges that there are still thousands of men fighting and dying on the battlefield

to preserve the Union and bring freedom to every American. They are endeavoring to purchase with their blood and their lives the future happiness and prosperity of this country. Let us never forget them. And with that, Lincoln goes back inside as the crowd dissipates. So now that the Emancipation Proclamation has happened, it begs a few questions. What impact does it actually have on the war? Further, what do people think of it and who deserves credit for it? Let's break all this down. The Emancipation Proclamation will go into effect on January 1st, 1863. Lincoln is trying to lure the Confederate

states back into the Union so they can hopefully adopt some gradual emancipation scheme instead. But if they won't go along with that, this proclamation will free slaves in states currently rebelling against the United States. It will not free the nearly half a million slaves in the Union's border states, nor will it free slaves in the Confederacy within areas under the Union army's control, like New Orleans. See, Lincoln still lacks constitutional authority to free slaves in states or areas loyal to the Constitution. So his constitutional war powers only allow him to free those slaves that the Confederacy is actively using to support its rebellion against the U.S. federal government.

So what do people think of Lincoln's move? Let's start with Confederate leaders. As you can probably guess, they are less than jazzed about this proclamation. In a speech to his Congress, Louisiana Senator Thomas J. Sims asserts that, quote, the proclamation of Abraham Lincoln is leveled against the citizens of the Confederate states and as such is a gross violation of the usage of civilized warfare, an outrage on their rights of private property, and an invitation to an atrocious, servile war. Close quote.

Damn, son. Don't hold back now. Confederate President Jefferson Davis picks up where Thomas Sims leaves off. He argues that the Republican Party and Lincoln always meant to abolish slavery, and this proves it. Though Lincoln promised to leave slavery alone in his inaugural address, Jeff asserts that this proclamation shows Lincoln was lying. In its political aspect, this measure possesses great signification. It affords to our people the complete and crowning proof of the true nature and the designs of the party which elevated to In short, Jeff's not having any of this. The reaction to the proclamation

from Great Britain's leaders isn't much better. On October 8th, British Prime Minister Lord Palmerston calls the proclamation, quote, "'A singular manifesto that could scarcely be treated seriously. How utterly powerless and contemptible a government must have become, which could sanction with its approval such trash. Close quote. Ouch. Coming from the respected

leader of Great Britain, that's got to hurt. Of course, Lord Palmerston has a point. Lincoln hasn't actually freed any slaves yet, seeing as the Confederacy isn't going to free all of their slaves just because Lincoln says so. Now, Lincoln doesn't have to read international newspapers to have his proclamation lambasted. Plenty of Northerners, especially Democrats, think he's way out of line. The New York Express predicts, quote, The President is, in the utterance of this proclamation, doing his best to divide northern states and to split them up into parties, as well as prolonging the war indefinitely. The Democrat-leaning Boston Courier claims that Lincoln is making a thinly-veiled attempt to keep

radical Republicans happy, and it will have no more effect upon the slaves in the southern states than if Mr. Lincoln should order the north wind to blow continuously over the southern fields in order to produce a change in the atmosphere, close quote. But most northerners are now catching Lincoln's vision. They praise him to the skies for making another great step toward abolishing slavery in the United States forever. The New York Independent writes, quote, the proclamation is the drawing of a sword that can never be sheathed again, close quote. And another Republican paper agrees. The editor of the Hartford Courant exclaims, quote, we rejoice most heartily that the axe is laid to the root

of the tree. The proclamation meets our views both in what it does and in what it omits to do. Its limitations show that President Lincoln means to preserve good faith toward the loyal border slave states. Close quote. And they're right. In not freeing slaves in border states, Lincoln continues to operate within the limits of the currently slavery-supporting Constitution of the United States. What do the abolitionists think of that? For the most part, they are thrilled to see a light at the end of the slavery tunnel.

Senator Charles Sumner tells a friend that making emancipation a war aim will strengthen Northern resolve. He says, quote, from this time forward, our whole policy will be more vigorous. Close quote. Thaddeus Stevens is a little less enthusiastic. He gives a speech declaring, quote, the proclamation of freedom, as it is charitably called, although indicative of a sound heart, does not reach the evil. It exempts from its operations every place where it could That's a good point, Thaddeus. But Frederick Douglass has a great response to your question. Frederick writes in his monthly newsletter, quote, the proclamation of President Lincoln is the first chapter of a new history. The object

of the government is no longer to preserve, but to destroy slavery, no longer to recapture fugitive slaves, but to set them at liberty, no longer to prevent slaves from rising against their cruel masters, but to see that nothing is done for such prevention. Frederick sees what Lincoln sees. He has a vision that goes beyond Thaddeus' limited viewpoint. The Emancipation Proclamation will free forever any slave that the Union army can reach. The federal government has opened a new chapter and is on the path to abolishing slavery forever. So who deserves credit for this change, of course? I mean, generals like Benjamin Butler are definitely doing their part, and so is Congress. The Confiscation Acts paved the way for Lincoln's proclamation. But Lincoln takes the ideas of both

of these groups and runs with them. His proclamation, which works within current legal limits while keeping an eye on the future, is nothing short of revolutionary. Of course, none of these people would have acted when and how they did without slaves themselves pushing the issue. It's brave runaways emancipating themselves and showing up in Union army camps that forces generals, Congress, and Lincoln to act. All of these people deserve a piece of the credit pie, so let's give it to them. First, Union generals. Benjamin Butler should get another star on his uniform for coming up with a legal way to keep and protect any runaway slave that came to his camp.

Sure, John Fremont and Dave Hunter tried to free slaves in their areas, but they did it outside their authority, so Lincoln had to shut down their operations. Of course, Ulysses S. Grant should get a little credit too. He followed the Confiscation Acts to the letter, and when Lincoln rolls out the Emancipation Proclamation, Ulysses energetically finds a way to make it work. Like Lincoln, Ulysses has taken a personal journey and his views on slavery have changed. He goes from a man who isn't bothered by slavery to one who has a vision for integrating black Americans into the army and society. Frederick Douglass praises Ulysses' efforts to care for recently freed slaves, saying that the general, quote,

was always up with or in advance of authority furnished from Washington in regard to the treatment of those of our colored then slaves. Close quote. Damn, that is high praise. Moving on to our second group of people who deserve recognition for making the Emancipation Proclamation happen. Congress. It's rare that a U.S. Congress can get so much done in just two years, so it's important to acknowledge the role these guys play. After all, Republicans in 1860 campaigned on a promise to halt slavery's expansion into the territories, and Congress delivered on that promise. Add to that the two Confiscation Acts and abolishing slavery in D.C.,

and these congressmen earn a high five from me. That brings us to the great emancipator himself, Abraham Lincoln. Now, a lot of people like to give all the credit for emancipation to Lincoln. Obviously, I'm not quite doing that. But he does deserve a lot of brownie points for his part in this. Across the first two years of the war, the Kentucky-born president changes his views on slavery. He goes from disliking the institution to trying to get others to emancipate slaves, to finally exercising every power he can to end slavery. From our 21st century vantage point,

we can almost see his views evolve and change as he gears up to issuing the proclamation. But he is bound by a slavery-upholding constitution. So Lincoln uses his razor-sharp legal mind to find a way to emancipate millions of slaves. He knows that his proclamation leaves hundreds of thousands of men, women, and children still in shackles. Nonetheless, through his proclamation, Lincoln yokes ending slavery to the war aim of restoring the Union. His words and ideas set the nation on a new path that ensured the U.S. can never go back to status quo antebellum. It will take a couple more years to end slavery in the entire country, but Lincoln takes a great leap down that path. Last, but certainly not least, much credit and recognition goes to the slaves themselves.

Like thousands of their predecessors who ran to freedom before the war, slaves emancipate themselves as soon as the first shots are fired at Fort Sumter. Many enslaved men and women do not sit and wait for freedom to come to them. They take themselves to freedom. I wish I could tell you what these men and women felt as they crossed into Union lines. Unfortunately, many of their voices have been lost to history. But 21st century historians are doing their best to bring their contribution to the fore. More and more historians are studying and praising the major role that slaves played in their own emancipation.

Taken together, the Union generals, Congress, President Lincoln, and the slaves themselves bring about the 1862 Emancipation Proclamation. After four score and six years of constitutionally sanctioning the practice, the United States has taken a massive, firm step on the path to ending slavery forever. History That Doesn't Suck is created and hosted by me, Greg Jackson. Researching and writing, Thank you. For a bibliography of all primary and secondary sources consulted in writing this episode, visit historythatdoesntsuck.com. Join me in two weeks, where I'd like to tell you a story. HTDS is supported by premium membership fans. You can join by clicking the link in the episode description. My gratitude to you kind souls providing additional funding to help us keep going.

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