By the President of the United States of America:
A Proclamation.
Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:
"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; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.
"That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States."
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 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, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit:
Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New Orleans) Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk, including the cities of Norfolk and Portsmouth[)], and which excepted parts, are for the present, left precisely as if this proclamation were not issued.
And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.
And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.
And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.
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 favor of Almighty God.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.
By the President: ABRAHAM LINCOLN WILLIAM H. SEWARD, Secretary of State.
In the first his action had no legal basis, in the second, he still had no legal basis, as the uncompensated theft of property is a violation of the Constitution, and also held to be illegal in numerous Supreme Court decisions.
In any event, the SLAVES still remaining in US territories/states/union controlled areas STILL remained slaves.
Also note, that if any states 'in rebellion' would return to the union fold before 1 Jan 1863, their slaves would remain SLAVES. Lincoln wasn't freeing anybody, he wanted the states back, so he could collect the MONIES!
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Lincoln was a supreme politician. He understood politics because he understood human nature. I had an illustration of this in the spring of 1864. The administration had decided that the Constitution of the United States should be amended so that slavery should be prohibited. This was not only a change in our national policy, it was also a most important military measure. It was intended not merely as a means of abolishing slavery forever, but as a means of affecting the judgment and the feelings and the anticipations of those in rebellion. It was believed that such an amendment to the Constitution would be equivalent to new armies in the field, that it would be worth at least a million men, that it would be an intellectual army that would tend to paralyze the enemy and break the continuity of his ideas.
In order thus to amend the Constitution, it was necessary first to have the proposed amendment approved by three fourths of the States. When that question came to be considered, the issue was seen to be so close that one State more was necessary. The State of Nevada was organized and admitted into the Union to answer that purpose. I have sometimes heard people complain of Nevada as superfluous and petty, not big enough to be a State; but when I hear that complaint, I always hear Abraham Lincoln saying, "It is easier to admit Nevada than to raise another million of soldiers."
In March, 1864, the question of allowing Nevada to form a State government finally came up in the House of Representatives. There was strong opposition to it. For a long time beforehand the question had been canvassed anxiously. At last, late one afternoon, the President came into my office, in the third story of the War Department. He used to come there sometimes rather than send for me, because he was fond of walking and liked to get away from the crowds in the White House. He came in and shut the door.
"Dana," he said, "I am very anxious about this vote. It has got to be taken next week. The time is very short. It is going to be a great deal closer than I wish it was."
"There are plenty of Democrats who will vote for it,"I replied. "There is James E. English, of Connecticut; I think he is sure, isn't he?"
"Oh, yes; he is sure on the merits of the question."
"Then," said I, "there's 'Sunset' Cox, of Ohio. How is he?"
"He is sure and fearless. But there are some others that I am not clear about. There are three that you can deal with better than anybody else, perhaps, as you know them all. I wish you would send for them."
He told me who they were; it isn't necessary to repeat the names here. One man was from New Jersey and two from New York.
"What will they be likely to want?" I asked.
"I don't know," said the President; "I don't know. It makes no difference, though, what they want. Here is the alternative: that we carry this vote, or be compelled to raise another million, and I don't know how many more, men, and fight no one knows how long. It is a question of three votes or new armies."
"Well, sir," said I, "what shall I say to these gentlemen?"
"I don't know," said he; "but whatever promise you make to them I will perform. "I sent for the men and saw them one by one. I found that they were afraid of their party. They said that some fellows in the party would be down on them. Two of them wanted internal revenue collector's appointments. "You shall have it," I said. Another one wanted a very important appointment about the custom house of New York. I knew the man well whom he wanted to have appointed. He was a Republican, though the congressman was a Democrat. I had served with him in the Republican county committee of New York. The office was worth perhaps twenty thousand dollars a year. When the congressman stated the case, I asked him, "Do you want that?"
"Yes," said he.
"Well," I answered, "you shall have it."
"I understand, of course," said he, "that you are not saying this on your own authority?"
"Oh, no," said I; "I am saying it on the authority of the President."
Well, these men voted that Nevada be allowed to form a State government, and thus they helped secure the vote which was required. The next October the President signed the proclamation admitting the State. In the February following Nevada was one of the States which ratified the Thirteenth Amendment, by which slavery was abolished by constitutional prohibition in all of the United States. I have always felt that this little piece of side politics was one of the most judicious, humane, and wise uses of executive authority that I have ever assisted in or witnessed.
The appointment in the New York Custom House was to wait until the term of the actual incumbent had run out. My friend, the Democratic congressman, was quite willing. "That's all right," he said; "I am in no hurry."Before the time had expired, Mr. Lincoln was murdered and Andrew Johnson became President. I was in the West, when one day I got a telegram from Roscoe Conkling:
"Come to Washington." So I went.
"I want you to go and see President Johnson," Mr. Conkling said, "and tell him that the appointment of this man to the custom house is a sacred promise of Mr. Lincoln's, and that it must be kept."
Then I went to the White House, and saw President Johnson.
"This is Mr. Lincoln's promise," I urged. "He regarded it as saving the necessity of another call for troops and raising, perhaps, a million more men to continue the war. I trust, Mr. President, that you will see your way clear to execute this promise."
"Well, Mr. Dana,"he replied, "I don't say that I won't; but I have observed in the course of my experience that such bargains tend to immorality."
The appointment was not made. I am happy to say, however, that the gentleman to whom the promise was given never found any fault either with President Lincoln or with the Assistant Secretary who had been the means of making the promise to him.
Charles A. Dana, Recollections of the Civil War, Bison Books edition, 1996; original printing by D. Appleton and Company, New York, 1898; pp. 174-178.
Imagine that. St. Abraham BRIBING politicians.