Pro-Southern Englishmen pictured the horrors of an "abolition war," and believed the picture true; strict neutrals, like Lyons, feared the same development; friends of the North pushed aside the thought of a "negro terror," yet even while hoping and declaring that the war would destroy slavery, could not escape from apprehensions of an event that appeared inevitable. Everywhere, to the British mind, it seemed that emancipation was necessarily a provocative to servile insurrection, and this belief largely affected the reception of the emancipation proclamation--a fact almost wholly lost sight of in historical writing.
Nor did the steps taken in America leading up to emancipation weaken this belief--rather they appeared to justify it. The great advocate of abolition as a weapon in the war and for its own sake was Charles Sumner, Chairman of the Senate Committee on Foreign Relations. He early took the ground that a proclamation everywhere emancipating the slaves would give to the Northern cause a moral support hitherto denied it in Europe and would at the same time strike a blow at Southern resistance. This idea was presented in a public speech at Worcester, Massachusetts, in October, 1861, but even Sumner's free-soil friends thought him mistaken and his expressions "unfortunate." By December, however, he found at Washington a change in governmental temper and from that date Sumner was constant, through frequent private conversations with Lincoln, in pressing for action. These ideas and his personal activities for their realization were well known to English friends, as in his letters to Cobden and Bright, and to the English public in general through Sumner's speeches, for Sumner had long been a well-known figure in the British press[864].
Lincoln, never an "Abolitionist," in spite of his famous utterance in the 'fifties that the United States could not indefinitely continue to exist "half-slave and half-free," had, in 1861, disapproved and recalled the orders of some of the military leaders, like Fremont, who without authority had sought to extend emancipation to slaves within the lines of their command. But as early as anyone he had foreseen the gradual emergence of emancipation as a war problem, at first dangerous to that wise "border state policy" which had prevented the more northern of the slave states from seceding. His first duty was to restore the Union and to that he gave all his energy, yet that emancipation, when the time was ripe, was also in Lincoln's mind is evident from the gradual approach through legislation and administrative act. In February, 1862, a Bill was under discussion in Congress, called the "Confiscation Bill," which, among other clauses, provided that all slaves of persons engaged in rebellion against the United States, who should by escape, or capture, come into the possession of the military forces of the United States, should be for ever free; but that this provision should not be operative until the expiration of sixty days, thus giving slave-owners opportunity to cease their rebellion and retain their slaves[865]. This measure did not at first have Lincoln's approval for he feared its effect on the loyalists of the border states. Nevertheless he realized the growing strength of anti-slavery sentiment in the war and fully sympathized with it where actual realization did not conflict with the one great object of his administration. Hence in March, 1862, he heartily concurred in a measure passed rapidly to Presidential approval, April 16, freeing the slaves in the District of Columbia, a territory where there was no question of the constitutional power of the national Government.
From February, 1862, until the issue of the first emancipation proclamation in September, there was, in truth, a genuine conflict between Congress and President as to methods and extent of emancipation. Congress was in a mood to punish the South; Lincoln, looking steadily toward re-union, yet realizing the rising strength of anti-slavery in the North, advocated a gradual, voluntary, and compensated emancipation. Neither party spoke the word "servile insurrection," yet both realized its possibility, and Seward, in foreign affairs, was quick to see and use it as a threat. A brief summary of measures will indicate the contest. March 6, Lincoln sent a message to Congress recommending that a joint resolution be passed pledging the pecuniary aid of the national Government to any state voluntarily emancipating its slaves, his avowed purpose being to secure early action by the loyal border states in the hope that this might influence the Southern states[866]. Neither the House of Representatives nor the Senate were really favourable to this resolution and the border states bitterly opposed it in debate, but it passed by substantial majorities in both branches and was approved by Lincoln on April 10. In effect the extreme radical element in Congress had yielded, momentarily, to the President's insistence on an olive-branch offering of compensated emancipation. Both as regards the border states and looking to the restoration of the Union, Lincoln was determined to give this line of policy a trial. The prevailing sentiment of Congress, however, preferred the punitive Confiscation Bill.
At this juncture General Hunter, in command of the "Department of the South," which theoretically included also the States of South Carolina, Georgia and Florida, issued an order declaring the slaves in these states free. This was May 9, 1862. Lincoln immediately countermanded Hunter's order, stating that such action "under my responsibility, I reserve to myself[867]." He renewed, in this same proclamation, earnest appeals to the border states, to embrace the opportunity offered by the Congressional resolution of April 10. In truth, border state attitude was the test of the feasibility of Lincoln's hoped-for voluntary emancipation, but these states were unwilling to accept the plan. Meanwhile pressure was being exerted for action on the Confiscation Bill; it was pushed through Congress and presented to Lincoln for his signature or veto. He signed it on July 12, but did not notify that fact to Congress until July 17. On this same day of signature, July 12, Lincoln sent to Congress a proposal of an Act to give pecuniary aid in voluntary state emancipation and held a conference with the congressional representatives of the border states seeking their definite approval of his policy. A minority agreed but the majority were emphatically against him. The Confiscation Bill would not affect the border states; they were not in rebellion. And they did not desire to free the slaves even if compensated[868].
Thus Lincoln, by the stubbornness of the border states, was forced toward the Congressional point of view as expressed in the Confiscation Bill. On the day following his failure to win the border state representatives he told Seward and Welles who were driving with him, that he had come to the conclusion that the time was near for the issue of a proclamation of emancipation as a military measure fully within the competence of the President. This was on July 13[869]. Seward offered a few objections but apparently neither Cabinet official did more than listen to Lincoln's argument of military necessity. Congress adjourned on July 17. On July 22, the President read to the Cabinet a draft of an emancipation proclamation the text of the first paragraph of which referred to the Confiscation Act and declared that this would be rigorously executed unless rebellious subjects returned to their allegiance. But the remainder of the draft reasserted the ideal of a gradual and compensated emancipation and concluded with the warning that for states still in rebellion on January 1, 1863, a general emancipation of slaves would be proclaimed[870]. All of the Cabinet approved except Blair who expressed fears of the effect on the approaching November elections, and Seward who, while professing sympathy with the indicated purpose, argued that the time was badly chosen in view of recent military disasters and the approach of Lee's army toward Washington. The measure, Seward said, might "be viewed as the last measure of an exhausted government, a cry for help; the government stretching forth its hands to Ethiopia, instead of Ethiopia stretching forth her hands to the government. It will be considered our last shriek on the retreat." He therefore urged postponement until after a Northern victory. This appealed to Lincoln and he "put the draft of the proclamation aside, waiting for victory[871]."
Victory came in September, with McClellan's defeat of Lee at Antietam, and the retreat of the Southern army toward Richmond. Five days later, September 22, Lincoln issued the proclamation, expanded and altered in text from the draft of July 22, but in substance the same[872]. The loyal border states were not to be affected, but the proclamation renewed the promise of steps to be taken to persuade them to voluntary action. On January 1, 1863, a second proclamation, referring to that of September 22, was issued by Lincoln "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...." The states affected were designated by name and all persons held as slaves within them "are, and henceforward shall be, free...." "I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence...." "And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind, and the gracious favour of Almighty God[873]."
Such were the steps, from December, 1861, when the radical Sumner began his pressure for action, to September, 1862, when Lincoln's pledge of emancipation was made. Did these steps indicate, as British opinion unquestionably held, an intention to rouse a servile insurrection? Was the Confiscation Bill passed with that purpose in view and had Lincoln decided to carry it into effect? The failure of the slaves to rise is, indeed, the great marvel of the Civil War and was so regarded not in England only, but in America also. It was the expectation of the North and the constant fear of the South. But was this, in truth, the purpose of the emancipation proclamation?
This purpose has been somewhat summarily treated by American historians, largely because of lack of specific evidence as to motives at the time of issue. Two words "military necessity" are made to cover nearly the entire argument for emancipation in September, 1862, but in just what manner the military prowess of the North was to be increased was not at first indicated. In 1864, Lincoln declared that after the failure of successive efforts to persuade the border states to accept compensated emancipation he had believed there had arrived the "indispensable necessity for military emancipation and arming the blacks[874]." Repeatedly in later defence of the proclamation he urged the benefits that had come from his act and asserted that commanders in the field "believe the emancipation policy and the use of coloured troops constitute the heaviest blow yet dealt to the rebellion[875]." He added: "negroes, like other people, act upon motives. Why should they do anything for us, if we will do nothing for them? If they stake their lives for us, they must be prompted by the strongest motive, even the promise of freedom."