The news of this proclamation did not travel rapidly. It was published in the newspapers one week later, owing to the slow mail by sea from the South. By this means even Lincoln first learned of this decree, on account of which he was being assailed in many parts. When the news reached Lincoln he took decisive and prompt action. On May 19, he published a proclamation in which he revoked the order of emancipation and recited that the Government had no knowledge of such a decree nor had it authorized General Hunter to give such an order.[29]
Lincoln, however, used this occasion for an admonition to the border slave States, although he carefully distinguished between the limited powers of the commanders in the field and his full executive authority. He reminded the border States of the joint resolution passed by Congress, to authorize compensated emancipation, and he warned them not to neglect this opportunity to obtain financial indemnity, for the "signs of the times" were multiplying to a degree that should have convinced the border States that slavery was doomed.
In the very beginning of the Thirty-seventh Congress there came a series of antislavery measures which constituted a complete and decisive reversal of the policy of the Federal Government.[30] On March 13, 1862, Congress approved an act, which prohibited all military and naval officers and enlisted personnel from returning fugitive slaves. Section 10 of the Confiscation Act, virtually an amendment of the Fugitive Slave Law, which withheld from the claimant the right to use his authority until he had taken an oath of allegiance, and made it tantamount to a crime for any person in the army or navy to surrender a fugitive slave or attempt to validate the owner's claim, was rigidly enforced. Wishing to see Liberia and Haiti welcomed into the family of nations, moreover, Lincoln in his annual message in the previous December recommended the recognition of their independence and the establishment of diplomatic relations with the new nations. This resolution was passed by a Congress and approved June 5, 1862. Lincoln then effected the passage of a measure to carry into execution the treaty between Great Britain and the United States for the suppression of the African slave trade. Soon thereafter followed an act to secure freedom to all persons within the territories of the United States. The Republican party had thus carried out its platform by its restoration of the Missouri Compromise, its extension and application to all Territories, and as a logical result the rejection and condemnation of the Dred Scott decision and the subversive property theory of the secessionists.[31]
Then followed the Confiscation Act, the discussion of which was closely followed by Lincoln, who had his views incorporated therein by pointing out its defects and suggesting amendments. Whereas the act of August 6, 1861, freed slaves actually employed in military service, the new Confiscation Act of 1862 proved to be a law to destroy slavery under the powers of war. In conjunction with provisions for punishing treason or rebellion it declared free all slaves of persons guilty and convicted of these crimes, and provided that slaves deserted by rebels escaping from them or coming under control of the United States and slaves of rebels found on Union soil should be deemed captives and set free. Then again, there were enacted other provisions, which by implication permitted the employment of slaves in the United States army that they might work their own enfranchisement. Under this law the President was empowered to enroll and employ contrabands in such service as they were fitted for. Their mothers, wives, and children, if owned by rebels, should be declared free by virtue of such service. The eleventh section of the Confiscation Act authorized the President to employ as many Negroes as he might deem necessary for the suppression of the rebellion. The organization of the earliest Negro regiments resulted from this legislation.
Lincoln had some hesitation about signing this bill, however, for it had to be changed to conform to his views. But he signed it and also an anticipatory resolution of Congress to remedy its defects, placing himself on record by transmitting with his approval a copy of his intended veto, had certain defects remained. Mr. Lincoln objected to the expression that Congress could free a slave within a State, whereupon he suggested that it be changed to read that the ownership of the slave would be transferred to the nation, and that Congress would then liberate him.[32] The Democrats opposed this act, but antislavery opinion gained momentum by increasing accessions to the ranks of freedom and by that unusual ability of the highly talented patriotic membership of Congress. Yet to the proslavery element and the conservative Unionists, Lincoln's proposal of gradual compensated emancipation was a daring innovation upon practical politics. "In point of fact," say Nicolay and Hay, "the President stood sagaciously midway between headlong reform and blind reaction. His steady, cautious direction and control of the average public sentiment of the country alike held back rash experiment and spurred lagging opinion."[33]
Four months after Lincoln's proposal of compensated emancipation to the border slave States and its sanction by Congress, the situation seeming more complicated by the vicissitudes of war, Lincoln saw the necessity for uniting the sentiment of the North for a practical solution of the slavery problem. Looking forward into the future, therefore, Lincoln readily realized that the North must present a united front contending for a plain, practical policy, relative to things both political and military.
Consequently he again met the border State delegations on July 12, and made a second appeal to them to accept compensation for the emancipation of the slaves in their respective States while the opportunity was yet at hand.[34] He pointed out to them that the war would have been ended, had they considered the acceptance of the provisions of his first appeal for gradual emancipation, and that this plan would not be a slow and weak means of ending the war. Dissuading them from secession, he failed not to apprise them of the fact that, if the rebellion continued, their institution would be destroyed without any sort of indemnity or reparation. Again he referred to his revoking General Hunter's proclamation of military abolition, with the hope that he might possibly win them over to his plan, but his effort was futile. Most of them replied with a qualified refusal; twenty of them later presented a written reply, pledging themselves to continue loyal, but at the same time giving the reasons why they could not accept the plan of compensated emancipation.
In the meantime the capture of strategic points like Vicksburg and New Orleans had given the control of the lower Mississippi to the Union,[35] General Grant had crippled and driven back the Confederates in the West,[36] and prospects for military success in the East seemed to require some such a measure as military emancipation. After the refusal of compensated emancipation by the border slave States the President decided to emancipate the slaves of rebellious commonwealths by military order.[37] While riding with Mr. Seward and Mr. Welles one day, Mr. Lincoln made mention of emancipating the slaves by proclamation, if the rebels did not lay down their arms. He believed that such action could be guaranteed only as a military necessity. He thought that the slaves must be liberated, or the Union would be exterminated. Lincoln reached a final conclusion and called the cabinet together on July 21, the day preceding the close of that session of Congress.[38] Since he was at the end of his tether, he determined to take a more definite and decisive step. Accordingly, he prepared several orders which, gave authority to commanders in the field to subsist their troops in hostile territory and to employ Negroes as paid laborers, and further provided for the colonization of Negroes in some tropical country.[39]
As this discussion led to no definite conclusion, the subject was resumed at a meeting on the following day; but Lincoln decided that the time was inopportune. While he thought that more evil than good would be derived from the wholesale arming of Negroes, yet he was not unwilling that the commanders arm, purely for defensive purposes, those slaves who came within the Union lines. But the President had reached a decision on the correlated policy of emancipation with which it appears that his cabinet was not in accord. They were surprised when he read to them the first draft of a proclamation warning the rebels of the penalties provided by the Confiscation Act, suggesting the renewal of his proposition of compensation to the loyal States, and adding a summary order that, as Commander-in-Chief of the Army and Navy, he would declare free the slaves of all States that might be in rebellion on January 1, 1863. The Cabinet was somewhat "bewildered by the magnitude and boldness of this proposal."[40]