CHAPTER XII

EMANCIPATION COMPLETED

On January 1, 1863, when the President issued the Proclamation of

Emancipation, he stepped to the uttermost boundary of his authority in

the direction of the abolition of slavery. Indeed a large proportion of

the people believed that he had trespassed beyond that boundary; and

among the defenders of the measure there were many who felt bound to

maintain it as a legitimate exercise of the war power, while in their

inmost souls they thought that its real basis of justification lay in

its intrinsic righteousness. Perhaps the President himself was somewhat

of this way of thinking. He once said: "I felt that measure, otherwise

unconstitutional, might become lawful by becoming indispensable to the

preservation of the Constitution through the preservation of the

Union.... I was, in my best judgment, driven to the alternative of

either surrendering the Union, and with it the Constitution, or of

laying strong hand upon the colored element." Time, however, proved that

the act had in fact the character which Mr. Lincoln attributed to it as

properly a war measure. It attracted the enlistment of negroes, chiefly

Southern negroes, in the army; and though to the end of the war the

fighting value of negro troops was regarded as questionable, yet they

were certainly available for garrisons and for many duties which would

otherwise have absorbed great numbers of white soldiers. Thus, as the

President said, the question became calculable mathematically, like

horse-power in a mechanical problem. The force of able-bodied Southern

negroes soon reached 200,000, of whom most were in the regular military

service, and the rest were laborers with the armies. "We have the men,"

said Mr. Lincoln, "and we could not have had them without the measure."

Take these men from us, "and put them in the battlefield or cornfield

against us, and we should be compelled to abandon the war in three

weeks."

But the proclamation was operative only upon certain individuals. The

President's emancipatory power covered only those persons (with,

perhaps, their families) whose freedom would be a military loss to the

South and a military gain to the North in the pending war. He had no

power to touch the _institution of slavery_. That survived, for the

future, and must survive in spite of anything that he alone, as

President, could do. Nevertheless, in designing movements for its

permanent destruction he was not less earnest than were the radicals and

extremists, though he was unable to share their contempt for legalities

and for public opinion. It has been shown how strong was his desire

that legislative action for abolition should be voluntarily initiated

among the border slave States themselves. This would save their pride,

and also would put a decisive end to all chance of their ever allying

themselves with the Confederacy. He was alert to promote this purpose

whenever and wherever he conceived that any opportunity offered for

giving the first impulse. In time rehabilitated governments of some

States managed with more or less show of regularity to accomplish the

reform. But it was rather a forced transaction, having behind it an

uncomfortably small proportion of the adult male population of the

several States; and by and by the work, thus done, might be undone; for

such action was lawfully revocable by subsequent legislatures or

conventions, which bodies would be just as potent at any future time to

reëstablish slavery as the present bodies were now potent to

disestablish it. It was entirely possible that reconstruction would

leave the right of suffrage in such shape that in some States

pro-slavery men might in time regain control.

In short, the only absolute eradicating cure was a constitutional

amendment;[77] and, therefore, it was towards securing this that the

President bent all his energies. He could use, of course, only personal

influence, not official authority; for the business, as such, lay with

Congress. In December, 1863, motions for such an amendment were

introduced in the House; and in January, 1864, like resolutions were

offered in the Senate. The debate in the Senate was short; it opened on

March 28, and the vote was taken April 8; it stood 38 ayes, 6 noes. This

was gratifying; but unfortunately the party of amendment had to face a

very different condition of feeling in the House. The President, says

Mr. Arnold, "very often, with the friends of the measure, canvassed the

House to see if the requisite number could be obtained, but we could

never count a two-thirds vote." The debate began on March 19; not until

June 15 was the vote taken, and then it showed 93 ayes, 65 noes, being a

discouraging deficiency of 27 beneath the requisite two thirds.

Thereupon Ashley of Ohio changed his vote to the negative, and then

moved a reconsideration, which left the question to come up again in the

next session. Practically, therefore, at the adjournment of Congress,

the amendment was left as an issue before the people in the political

campaign of the summer of 1864; and in that campaign it was second only

to the controlling question of peace or war.

Mr. Lincoln, taking care to omit no effort in this business, sent for

Senator Morgan, the chairman of the Republican National Committee, which

was to make the Republican nomination for the presidency and to frame

the Republican platform, and said to him: "I want you to mention in your

speech, when you call the convention to order, as its keynote, and to

put into the platform, as the keystone, the amendment of the

Constitution abolishing and prohibiting slavery forever." Accordingly

the third plank in that platform declared that slavery was the cause and

the strength of the rebellion, that it was "hostile to the principle of

republican government," and that the "national safety demanded its utter

and complete extirpation from the soil of the Republic," and that to

this end the Constitution ought to be so amended as to "terminate and

forever prohibit the existence of slavery within the limits or the

jurisdiction of the United States." Thus at the special request of the

President the issue was distinctly presented to the voters of the

country. The Copperheads, the conservatives, and reactionaries, and many

of the war Democrats, promptly opened their batteries against both the

man and the measure.

The Copperhead Democracy, as usual, went so far as to lose force; they

insisted that the Emancipation Proclamation should be rescinded, and all

ex-slaves restored to their former masters. This, in their opinion,

would touch, a conciliatory chord in Southern breasts, and might lead to

pacification. That even pro-slavery Northerners should urgently advocate

a proposition at once so cruel and so disgraceful is hardly credible.

Yet it was reiterated strenuously, and again and again Mr. Lincoln had

to repeat his decisive and indignant repudiation of it. In the message

to Congress, December, 1863, he said that to abandon the freedmen now

would be "a cruel and astounding breach of faith.... I shall not attempt

to retract or modify the Emancipation Proclamation, nor shall I return

to slavery any person who is free by the terms of that proclamation, or

by any of the acts of Congress." In May, 1864, he spurned the absurdity

of depending "upon coaxing, flattery, and concession to get them [the

Secessionists] back into the Union." He said: "There have been men base

enough to propose to me to return to slavery our black warriors of Port

Hudson and Olustee, and thus win the respect of the masters they fought.

Should I do so, I should deserve to be damned in time and eternity. Come

what will, I will keep my faith with friend and foe." He meant never to

be misunderstood on this point. Recurring to it after the election, in

his message to Congress in December, 1864, he quoted his language of the

year before and added: "If the people should, by whatever mode or means,

make it an executive duty to reinslave such persons, another, and not I,

must be their instrument to perform it." All this was plain and

spirited. But it is impossible to praise Mr. Lincoln for contemning a

course which it is surprising to find any person sufficiently ignoble to

recommend. It was, nevertheless, recommended by many, and thus we may

partly see what extremities of feeling were produced by this most

debasing question which has ever entered into the politics of a

civilized nation.

The anxieties of the war Democrats, who feared that Mr. Lincoln was

making abolition an essential purpose of the war, have already been set

forth. In truth he was not making it so, but by the drifting of events

and the ensnarlment of facts it had practically become so without his

responsibility. His many utterances which survive seem to indicate that,

having from the beginning hoped that the war would put an end to

slavery, he now knew that it must do so. He saw that this conclusion lay

at the end of the natural course of events, also that it was not a goal

which was set there by those to whom it was welcome, or which could be

taken away by those to whom it was unwelcome. It was there by the

absolute and uncontrollable logic of facts. His function was only to

take care that this natural course should not be obstructed, and this

established goal should not be maliciously removed away out of reach.

When he was asked why his expressions of willingness to negotiate with

the Confederate leaders stipulated not only for the restoration of the

Union but also for the enfranchisement of all slaves, he could only

reply by intimating that the yoking of the two requirements was

unobjectionable from any point of view, because he was entirely assured

that Mr. Davis would never agree to reunion, either with or without

slavery. Since, therefore, Union could not be had until after the South

had been whipped, it would be just as well to demand abolition also; for

the rebels would not then be in a position to refuse it, and we should

practically buy both in one transaction. To him it seemed an appalling

blunder to pay the price of this great war simply in order to cure this

especial outbreak of the great national malady, and still to leave

existing in the body politic that which had induced this dissension and

would inevitably afterward induce others like unto it. The excision of

the cause was the only intelligent action. Yet when pushed to the point

of declaring what he would do in the supposed case of an opportunity to

restore the Union, with slavery, he said: "My enemies pretend I am now

carrying on the war for the sole purpose of abolition. So long as I am

President, it shall be carried on for the sole purpose of restoring the

Union." The duty of his official oath compelled him to say this, but he

often and plainly acknowledged that he had no fear of ever being brought

face to face with the painful necessity of saving both the Union and

slavery.

It is worth noticing that the persons who charged upon the President

that he would never assent to a peace which was not founded upon the

abolition of slavery as one of its conditions or stipulations, never

distinctly stated by what right he could insist upon such a condition or

stipulation, or by what process he could establish it or introduce it

into a settlement. Mr. Lincoln certainly never had any thought of

negotiating with the seceded States as an independent country, and

making with them a treaty which could embody an article establishing

emancipation and permanent abolition. He had not power to enter with

them into an agreement of an international character, nor, if they

should offer to return to the Union, retaining their slave institutions,

could he lawfully reject them. The endeavor would be an act of

usurpation, if it was true that no State could go out. The plain truth

was that, from any save a revolutionary point of view, the

constitutional amendment was the only method of effecting the

consummation permanently. When, in June, 1864, Mr. Lincoln said that

abolition of slavery was "a fitting and necessary condition to the final

success of the Union cause," he was obviously speaking of what was

logically "fitting and necessary," and in the same sentence he clearly

specified a constitutional amendment as the practical process. There is

no indication that he ever had any other scheme.

In effect, in electing members of Congress in the autumn of 1864, the

people passed upon the amendment. Votes for Republicans were votes for

the amendment, and the great Republican gain was fairly construed as an

expression of the popular favor towards the measure. But though the

elections thus made the permanent abolition of slavery a reasonably sure

event in the future, yet delay always has dangers. The new Congress

would not meet for over a year. In the interval the Confederacy might

collapse, and abolition become ensnarled with considerations of

reconciliation, of reconstruction, of politics generally. All friends

of the measure, therefore, agreed on the desirability of disposing of

the matter while the present Congress was in the way with it, if this

could possibly be compassed. That it could be carried only by the aid of

a contingent of Democratic votes did not so much discourage them as

stimulate their zeal; for such votes would prevent the mischief of a

partisan or sectional aspect. In his message to Congress, December 6,

1864, the President referred to the measure which, after its failure in

the preceding session, was now to come up again, by virtue of that

shrewd motion for reconsideration. Intelligibly, though not in terms, he

appealed for Democratic help. He said:--

"Although the present is the same Congress and nearly the same members,

and without questioning the wisdom or patriotism of those who stood in

opposition, I venture to recommend the reconsideration and passage of

the measure at the present session. Of course the abstract question is

not changed; but an intervening election shows, almost certainly, that

the next Congress will pass the measure if this does not. Hence there is

only a question of _time_ as to when the proposed amendment will go to

the States for their action; and as it is so to go, at all events, may

we not agree that the sooner the better. It is not claimed that the

election has imposed a duty on members to change their views or their

votes, any further than, as an additional element to be considered,

their judgment may be affected by it. It is the voice of the people now

for the first time heard upon the question. In a great national crisis

like ours unanimity of action among those seeking a common end is very

desirable,--almost indispensable. And yet no approach to such unanimity

is attainable unless some deference shall be paid to the will of the

majority. In this case the common end is the maintenance of the Union,

and among the means to secure that end, such will, through the election,

is more clearly declared in favor of such a constitutional amendment."

In the closing sentence the word "maintenance" is significant. So far as

the _restoration_ of Union went, the proclamation had done nearly all

that could be done. This amendment was to insure the future

_maintenance_ of the Union by cutting out the cause of disunion.

The President did not rest content with merely reiterating sentiments

which every man had long known that he held. Of such influence as he

could properly exert among members of the House he was not chary. The

debate began on January 6, 1865, and he followed it closely and eagerly.

On the 27th it was agreed that the voting should take place on the

following day. No one yet felt sure of the comparative strength of the

friends and opponents of the measure, and up to the actual taking of the

vote the result was uncertain. We knew, says Arnold, "we should get some

Democratic votes; but whether enough, none could tell." Ex-Governor

English of Connecticut, a Democrat, gave the first Aye from his party;

whereupon loud cheers burst forth; then ten others followed his example.

Eight more Democrats gave their indirect aid by being absent when their

names were called. Thus both the great parties united to establish the

freedom of all men in the United States. As the roll-call drew to the

end, those who had been anxiously keeping tally saw that the measure had

been carried. The speaker, Mr. Colfax, announced the result; ayes 119,

noes 56, and declared that "the joint resolution is passed." At once

there arose from the distinguished crowd an irrepressible outburst of

triumphant applause; there was no use in rapping to order, or trying to

turn to other business, and a motion to adjourn, "in honor of this

immortal and sublime event," was promptly made and carried. At the same

moment, on Capitol Hill, artillery roared loud salutation to the edict

of freedom.

The crowds poured to the White House, and Mr. Lincoln, in a few words,

of which the simplicity fitted well with the grandness of the occasion,

congratulated them, in homely phrase, that "the great job is ended."

Yet, though this was substantially true, he did not live to see the

strictly legal completion. Ratification by the States was still

necessary, and though this began at once, and proceeded in due course as

their legislatures came into session, yet the full three quarters of the

whole number had not passed the requisite resolutions at the time of

his death. This, however, was mere matter of form. The question was

really settled when Mr. Colfax announced the vote of the

representatives.[78]

FOOTNOTES:

[77] A constitutional amendment requires for its passage a two thirds

vote in the Senate and the House of Representatives, and ratification by

three fourths of the States.

[78] Thirteenth Amendment. _First_: Neither slavery nor involuntary

servitude, except as a punishment for crime whereof the party shall have

been duly convicted, shall exist within the United States, or any place

subject to their jurisdiction. _Second_: Congress shall have power to

enforce this article by appropriate legislation.

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