15.3 1863: the changing nature of the war  (Page 5/15)

Since the beginning of the war, thousands of slaves had fled to the safety of Union lines. In May 1861, Union general Benjamin Butler and others labeled these refugees from slavery contrabands    . Butler reasoned that since Southern states had left the United States, he was not obliged to follow federal fugitive slave laws. Slaves who made it through the Union lines were shielded by the U.S. military and not returned to slavery. The intent was not only to assist slaves but also to deprive the South of a valuable source of manpower.

Congress began to define the status of these ex-slaves in 1861 and 1862. In August 1861, legislators approved the Confiscation Act of 1861, empowering the Union to seize property, including slaves, used by the Confederacy. The Republican-dominated Congress took additional steps, abolishing slavery in Washington, DC, in April 1862. Congress passed a second Confiscation Act in July 1862, which extended freedom to runaway slaves and those captured by Union armies. In that month, Congress also addressed the issue of slavery in the West, banning the practice in the territories. This federal law made the 1846 Wilmot Proviso and the dreams of the Free-Soil Party a reality. However, even as the Union government took steps to aid individual slaves and to limit the practice of slavery, it passed no measure to address the institution of slavery as a whole.

Lincoln moved slowly and cautiously on the issue of abolition. His primary concern was the cohesion of the Union and the bringing of the Southern states back into the fold. However, as the war dragged on and many thousands of contrabands made their way north, Republicans in Congress continued to call for the end of slavery. Throughout his political career, Lincoln’s plans for former slaves had been to send them to Liberia. As late as August 1862, he had hoped to interest African Americans in building a colony for former slaves in Central America, an idea that found favor neither with black leaders nor with abolitionists, and thus was abandoned by Lincoln. Responding to Congressional demands for an end to slavery, Lincoln presented an ultimatum to the Confederates on September 22, 1862, shortly after the Confederate retreat at Antietam. He gave the Confederate states until January 1, 1863, to rejoin the Union. If they did, slavery would continue in the slave states. If they refused to rejoin, however, the war would continue and all slaves would be freed at its conclusion. The Confederacy took no action. It had committed itself to maintaining its independence and had no interest in the president’s ultimatum.

On January 1, 1863, Lincoln made good on his promise and signed the Emancipation Proclamation    . It stated “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 shall then be in rebellion against the United States, shall be then, thenceforward, and forever free.” The proclamation did not immediately free the slaves in the Confederate states. Although they were in rebellion against the United States, the lack of the Union army’s presence in such areas meant that the president’s directive could not be enforced. The proclamation also did not free slaves in the border states, because these states were not, by definition, in rebellion. Lincoln relied on his powers as commander-in-chief in issuing the Emancipation Proclamation. He knew the proclamation could be easily challenged in court, but by excluding the territories still outside his control, slaveholders and slave governments could not sue him. Moreover, slave states in the Union, such as Kentucky, could not sue because the proclamation did not apply to them. Slaveholders in Kentucky knew full well that if the institution were abolished throughout the South, it would not survive in a handful of border territories. Despite the limits of the proclamation, Lincoln dramatically shifted the objective of the war increasingly toward ending slavery. The Emancipation Proclamation became a monumental step forward on the road to changing the character of the United States.