Circa1865

The Northern wage system was creeping southward in antebellum times and doomed the plantation system if the question of the emancipated freemen’s position could be determined. That wage system, more cruel but more efficient and cost-effective, would replace the plantation socialism which cared for its workers from cradle to grave.

Bernhard Thuersam, www.circa1865.org

The North’s Soulless Captain of Industry

“It was not until fanatics, like William Lloyd Garrison, began to burn the Constitution, preach secession and denounce as fiends all Southern slaveholders that the South began to defend slavery and stand on their rights under organic law. To stand by their dignity as men and repel insults by force of arms if need be. My father believed that slavery would die of its own weakness in the South, as it had died in the North, unless meddling fools should provoke a war over it. As they did.

He held no illusions of the moral superiority of the Northern wage system. It had been introduced into the mills of the South and he had studied it at close range. He knew that slavery was doomed because of the superior cruel efficiency of the wage system, a far deadlier instrument of oppression if used without conscience. The Yankee had discovered this tremendous fact and applied it to his whole economic system.

They could hire an able bodied white man to work in the mills for 80 [cents] a day, a woman for 30 [cents]. Working every day in the year a man could earn $200, out of which he must pay his rent, his food, his clothes and his doctor’s bills. It cost my father $300 a year to feed, clothe, and house and care for each slave and then it took two slaves to do the work one white man was doing in the North.

My father knew that no human being could live on this earth and reproduce his kind on 80 [cents] a day. And for this reason he never believed in the moral superiority of this new master who used the wage system. In the South they called a slave a slave. In the North they called him a wage earner. He knew that ethics had nothing to do with the abolition of slavery in the North. It was abolished by the Captain of Industry, not the preacher or the agitator.

The Captain established the wage system because it became a mightier weapon in his hand for producing riches and paying dividends. It was subject to but one law . . . the iron law of wage . . . of supply and demand. The system was scientific, soulless. The wage earner, driven by hunger and cold, by the fear of loss of life itself, was always more efficient in his toil than the care-free Negro in the South, who was assured bread, clothes, fuel, shelter and the doctor’s care.”

(Southern Horizons, The Autobiography of Thomas Dixon, IWV Publishing, 1984, pp. 5-6)

The antebellum abolitionists saw in majority rule the basis of power – that “might makes right” and through their higher law fiction new laws could be manufactured that would impose punishment on those they disliked. It should be noted that the author below mentions “the free States” as many historians do, but should rightly be identified as “former slave States.”

Bernhard Thuersam, www.circa1865.org

Fanatical and Intransigent Abolitionists

“The abolitionist, sharing the transcendentalist’s refusal to accept the dictum vox populi vox dei, had to carry that refusal one step further: public opinion at any given time before the establishment of God’s kingdom on earth could never be the voice of God, and if it were, the reformer would lose his vocation. The voice of the reforming minority was the voice of God.

But the majority was also teachable; the reformer was God’s instrument to teach the nation the truth and the vanguard in its march to a better social order. [T]he abolitionist would insist that truth is not ascertained by public opinion polls, and he would point out that the majority in the 1830s and 1840s would vote against abolition of slavery, against prohibition (a few abolitionists would too), for capital punishment, and for Jim Crow laws in the free States.

The laws, customs, even the Constitution, reflecting the general will in the unregenerate state, could not be the authority on which the reformer based his claim to the role of teacher. His authority to a higher law as embodied in the Bible and conveniently set forth, in part, in the first sentence of the second paragraph of the Declaration of Independence. The corrupt majority prevailed not because it was right, but because it could enforce its will. “Might makes right” was in the abolitionist’s view logically deducible from the principle of majority rule.

It follows that the reforming minority, while necessary, must always be unpopular. As Wendell Phillips put it, when explaining why even abolitionists who employed conciliatory and moderate language “found every man’s hand against them”: “our unpopularity is no fault of ours, but flows necessarily and unavoidably from our position.” [Those abolitionists who carried this logic to its conclusion would suggest . . . that public acceptance would be a sign that their duty was to move on to a new unpopular position.]

Their refusal to water down their “visionary” slogan was, in their eyes, eminently practical, much more so than the course of the antislavery senators and congressmen who often wrote letters to abolitionist leaders justifying their adaptation of antislavery demands to what was attainable.

The abolitionist, while criticizing such compromises, would insist that his own intransigence made favorable compromises possible. He might have stated his position thus: If politics is the art of the possible, agitation is the art of the desirable. For one thing, [this] can be useful to the political bargainer; the more extreme demand of the agitator makes the politician’s demand seem acceptable and perhaps desirable in the sense that the adversary may prefer to give up half a loaf rather than the whole.”

(Means and Ends in American Abolitionism, Aileen S. Kraditor, Pantheon Books, 1967, pp. 25-28)

Raised in poverty in Reconstruction North Carolina, Thomas Dixon became a State legislator before he was old enough to vote, practiced law, was a noted minister, and author of “The Clansman” at age thirty-eight. He was determined to one day write the story of Reconstruction to let the truth be known.

Bernhard Thuersam, www.circa1865.org

No Sanity in Reconstruction

“[Many] corrupt [Northern] leaders sought means to give vent to hatreds that had been aroused by the war. William G. Brownlow, better known as “Parson Brownlow,” a preacher who became Governor of Tennessee during the Reconstruction era, had declared in a speech to a convention in New York in 1862:

“If I had the power, I would arm every wolf, panther, catamount and bear in the mountains of America, every crocodile in the swamps of Florida, every Negro in the South, every fiend in hell, clothe them all in the uniforms of the Federal army and turn them loose on the rebels of the South and exterminate every man, woman and child south of the Mason Dixon line. I would like to see especially the Negro troops, marching under Ben Butler, crowd the last rebel into the Gulf of Mexico and drown them as the Devil did the hogs in the Sea of Galilee.”

Such fanaticism from influential leaders was not conducive to soothing the wounds of the war. In Dixon’s native State of North Carolina, as a result of proceedings brought by Dixon’s uncle, Colonel [Lee Roy] McAfee, William W. Holden became the first governor to be impeached in an American commonwealth when his corrupt practices could no longer be borne by the people.

Many sane, responsible men, such as Dixon’s father and Colonel McAfee, took part in the Ku Klux Klan in an effort to bring some sort of order out of the tragedy of Reconstruction. These men did not tolerate injustice, and when they saw that the Klan had served its purpose, they immediately wanted to disband it.

In later years, Dixon wondered how any person could have lived through Reconstruction and still have retained his sanity. Lawlessness was, for a period of many months, the rule rather than the exception.

One of the brightest periods in Thomas’s childhood began on the day a young Negro boy, bloody, unconscious and almost dead, was brought to the home of the Dixon’s. The boy’s father, in a drunken fit, had tried to kill him with an axe. [The Dixon’s legally adopted him] and from that day forward young Dixon and little Dick were inseparable companions.”

(Fire from the Flint, The Amazing Careers of Thomas Dixon, Raymond Allen Cook, John F. Blair, Publisher, 1968, pp. 13-14)

Arguably the first shots of the War Between the States were fired by Reverend Beecher’s guns in mid-1850s Kansas; John Brown’s armed attack on Virginia in 1859 was a logical result of abolitionist fanaticism. Unwilling to work toward a practical and peaceful solution to the riddle of African slavery in the United States, they plunged the country into revolution and war costing nearly a million lives.

Bernhard Thuersam, www.circa1865.org

Northernizing the South

“By the fall of 1856, some members of the Massachusetts aid committee, concluding that private support for the Kansas free-State settlers was not sufficient to protect them from proslavery advocates there, were urging northern State governments to intervene in the territory. [Amos Lawrence] consulted with some of his conservative friends about the idea and was told the State of Massachusetts had no constitutional authority to act in Kansas affairs.

Lawrence admitted that such an action could then only be justified upon “higher law” ground. The concept of higher law was one abolitionists were fond of invoking, and Lawrence confessed that it was a concept “which I never believed tenable, except for extreme cases, which come up once in a lifetime.”

[Lawrence] told Samuel Gridley Howe that he deemed the denial of honest elections in Kansas to be “a sufficient cause for revolution.” Lawrence hoped to avoid civil war in the territory, but if it came to that, he predicted, “it will be a contest between liberty and slavery, and it cannot last long for the slaves will not wait for its termination.” Instead, they would revolt and the uprising would spread into neighboring Missouri, toppling slavery there.

The leaders of the [New England Emigrant Aid] company made every effort to divorce themselve’s from the abolitionist camp. Rather than emphasize the evils of slavery for the slave, most of the men active in the [company] stressed the threat of slavery to northern values and institutions . . . New Englanders believed that the very future of republican government was at stake in Kansas and, furthermore, the nation.

Thus for them, Kansas became battleground between New England and Southern ways of life.   Eli Thayer, who founded the company, shared in this New England sense of mission. He hoped to keep the Emigrant Aid Company alive and to use it to promote free-labor colonies north and south of Kansas. By 1858, he was even proposing to “New Englandize” Central America . . . “we [will] send steam engines sir, which are the greatest apostles of liberty that this country has ever seen.”

[At] . . . the company’s annual meeting in 1856 he raised the possibility of colonizing Virginia . . . and in 1857 settled some northerners in western Virginia, near the Ohio River. By such means, Thayer proposed to “Northernize the South.”   [Lawrence]. . . preferred to secure the western territories for freedom and let the superiority of the northern economic system eventually transform the South. Until then, the Southerners should be left alone to bear responsibility for owning slaves; “it is not for us who imported their ancestors to complain.”

(Cotton and Capital, Boston Businessmen and Anti-Slavery Reform, Richard H. Abbott, UMass Press, 1991, pp. 42-47)

In no way was the North a monolithic unit against the American South during the War, and many the Northern Democratic party criticized Lincoln’s policy’s though at the risk of imprisonment. Though the abolition of slavery was a noble effort, they saw free government as more precious.

Bernhard Thuersam, www.circa1865.org

Expecting Unending Federal Interference

“[“Samuel “Sunset”] . . . Cox concluded once again that the purpose of the war was being perverted; the Union soldiers had been deceived, for “they never went into a crusade for abolition.” He pronounced [The Freedman’s Bureau] bill “sweeping and revolutionary” in its effect since “it begins a policy for this Federal Government of limited and express powers, so latitudinarian that the whole system is changed” into a centralized, unitary government, operating “by edict and bayonet, by sham election and juggling proclamation.” [He said] The way to peace was to “restore the Union through compromise” not by “military governors for rebellious provinces.”

As reports reached Washington that Southerners were freeing their slaves for use in the army, it was clear that the end of slavery would not be a bar to negotiations for a restored Union. So on January 21, 1865, as Cox recorded later, “I fully intended . . . to cast my vote for the amendment.” He had explained his position at length several weeks earlier.

Conceding the power to amend the Constitution to abolish slavery . . . Cox preferred to leave the question “to the States individually.” He had urged a policy of non-intervention by the government in the slave question ever since “I first came to this Congress.” Slavery “is to me the most repugnant of all human institutions,” but the principle of “self-government” by the States over their own affairs “was even more precious than the end of human bondage,” for, if the federal government could intervene in this matter, then federal interference could be expected in all domestic matters.

Most important of all, however, was the Union. If peace with Union could be achieved “by the abolition of slavery, I would vote for it.” But if abolition “is an obstacle in the way of restoring the Union,” as Cox felt it was at the moment . . . then he would vote against it.”

(“Sunset” Cox, Irrepressible Democrat, David Lindsey, Wayne State University Press, 1959, pp. 91-94)

To quell the fears of Northerners who feared emancipated slaves flooding their way in search of employment and wages, Northern leaders began advancing interesting theories. Giving the freedmen political control of the defeated South would “drain the northern Negroes back to the South” as they fled the race prejudice common in the North. Lincoln and other Republicans advanced ideas of colonization; Grant as president gave serious thought to deporting freedmen to Haiti.

Bernhard Thuersam, www.circa1865.org

Freedmen Fleeing Northern Race Prejudice

“As the war for the union began to take on the character of a war for freedom, northern attitudes toward the Negro paradoxically began to harden rather than soften. This hardening process was especially prominent in the northwestern or middle western States where the old fear of Negro invasion was intensified by apprehensions that once the millions of slaves below the Ohio River were freed they would push northward – this time by the thousands and tens of thousands, perhaps in mass exodus, instead of in driblets of one or two who came furtively as fugitive slaves.

The prospect of Negro immigration, Negro neighbors, and Negro competition filled the whites with alarm, and their spokesmen voiced their fears with great candor. “There is,” [Illinois Senator] Lyman Trumbull told the Senate, in April, 1862, “a very great aversion in the West – I know it to be so in my State – against having free Negroes come among us.”

And about the same time [Senator] John Sherman, who was to give his name to the Radical Reconstruction Act five years later, told Congress that in Ohio “we do not like negroes. We do not disguise our dislike. As my friend from Indiana [Congressman Joseph A. Wright] said yesterday, the whole people of the northwestern States are, for reasons correct or not, opposed to having many Negroes among them and the principle or prejudice has been engrafted in the legislation of nearly all the northwestern States.”

So powerful was this anti-Negro feeling that it almost overwhelmed antislavery feeling and seriously imperiled the passage of various confiscation and emancipation laws designed to free the slave. To combat the opposition Republican leaders such as George W. Julian of Indiana, Albert G. Riddle of Ohio, and Salmon P. Chase advanced the theory that emancipation would actually solve northern race problems.

Instead of starting a mass migration of freedmen northward, they argued, the abolition of slavery would not only put a stop to the entry of fugitive slaves but would drain the northern Negroes back to the South. Once slavery [was] ended, the Negro would flee northern race prejudice and return to his natural environment and the congenial climate of the South.

One tentative answer of the Republican party to the northern fear of Negro invasion, however, was deportation of the freedmen and colonization abroad . . . the powerful backing of President Lincoln and the support of western Republicans, Congress overcame [any] opposition. Lincoln was committed to colonization not only as a solution to the race problem but as a means of allaying northern opposition to emancipation and fears of Negro exodus.

(Seeds of Failure in Radical Race Policy, C. Vann Woodward, New Frontiers of the American Reconstruction, Harold M. Hyman, editor, pp. 126-129)

The freedmen did not receive the franchise because of their political maturity and judgment as the clear intent was to simply keep the Republican party in power. The Republican party’s Union League organization taught the Southern black man to hate his white neighbor, and to vote for Northern men whose own States had initiated Jim Crow laws. An excellent source for Northern antebellum racial views is “North of Slavery: The Negro in the Free States, 1790-1860,” Leon Litwack, Chicago, 1961.

Bernhard Thuersam, www.circa1865.org

Lincoln’s Party of White Supremacy

“The Republican leaders were quite aware in 1865 that the issue of Negro status and rights was closely connected with the two other great issues of Reconstruction – who should reconstruct the South and who should govern the country. They were increasingly conscious that in order to reconstruct the South along the lines they planned they would require the support and the votes of the freedmen.

And it was apparent to some that once the reconstructed States were restored to the Union the Republicans would need the votes of the freedmen to retain control over the national government. While they could agree on this much, they were far from agreeing on the status, the rights, the equality, or the future of the Negro.

The fact was that the constituency on which the Republican congressmen relied in the North lived in a race-conscious, segregated society devoted to the doctrine on white supremacy and Negro inferiority.

“In virtually every phase of existence,” writes Leon Litwack with regard to the North in 1860, “Negroes found themselves systematically separated from whites. They were either excluded from railway cars, omnibuses, stagecoaches, and steamboats and assigned to special “Jim Crow” sections; they sat, when permitted, in secluded and remote corners of theaters and lecture halls; they could not enter most hotels, restaurants and resorts, except as servants; they prayed in “Negro pews” in the white churches . . . Moreover, they were often educated in segregated schools, punished in segregated prisons, nursed in segregated hospitals, and buried in segregated cemeteries.”

Ninety-three per cent of the 225,000 Northern Negroes in 1860 lived in States that denied them the ballot, and 7 per cent lived in the five New England States that permitted them to vote. Ohio and New York had discriminatory qualifications that practically eliminated Negro voting.

Ohio denied them poor relief, and most States of the old Northwest had laws carrying penalties against Negroes settling in those States. Everywhere in the free States the Negro met with barriers to job opportunities, and in most places he encountered severe limitations to the protection of his life, liberty and property.

[Many Republican leaders], like Senator Lyman Trumbull of Illinois, the close friend of Lincoln, found no difficulty in reconciling antislavery with anti-Negro views. “We, the Republican party,” said Senator Trumbull in 1858,” are the white man’s party. We are for free white men, and for making white labor respectable and honorable, which it can never be when negro slave labor is brought into competition with it.” [And] William H. Seward, who in 1860 described the American Negro as “a foreign and feeble element like the Indians, incapable of assimilation”; [and], Senator Henry Wilson of Massachusetts, who firmly disavowed any belief “in the mental or intellectual equality of the African race with this proud and domineering race of ours.”

(Seeds of Failure in Radical Race Policy, C. Vann Woodward, New Frontiers of the American Reconstruction, Harold M. Hyman, editor, pp. 125-12”

Lincoln reportedly gave a great deal of attention to the last half of his “House Divided” speech, a trumpet call to form ranks against a South which he claimed wanted to push slavery into the Northern States, when no such threat existed. With that paragraph, Lincoln “gently cut the [Republican] party loose from its old Whig moorings and warily charted its course to the port of the abolitionists.” This solidified his party of disunion, and forced the South to react.

Bernhard Thuersam, www.circa1865.org

Moribund Republican Party Saved by Lincoln

“Lincoln possessed political sagacity to a high degree and well understood the force of public opinion. When [he] sounded the “eventually all free” note in his campaign against [Stephen] Douglas, he had a very definite political object in view. His immediate purpose was to win enough votes to get elected to the United States Senate.

His ground for asking for the votes of his fellow Illinois citizens was that he would represent those who did not want slavery to spread into any of the national territories. However, at the time he was making this race for the Senate with Douglas, it was becoming increasingly clear that slavery did not have the ghost of a show for establishment in any of the unsettled lands then belonging to the nation because the economic basis for the system was lacking in all of them.

The defeat of the slave-State constitution in Kansas made it certain that none of the land which Douglas had opened to slavery north of 36-30 would become slave. In view of the economic circumstances it was becoming more evident that unless the Republican party acquired new tenets there was no reason for continuing its organization.

The purpose for which it had been organized, i.e., restoring the free status of the land north of 36-30, having been accomplished, it would fall to pieces unless it acquired new reasons to continue its existence.

[William] Seward, one of the leading lights of the party, and [Horace] Greeley, the leading editor of the party, were willing at this time to dissolve the party, but Lincoln was unwilling for the Republicans to disband their distinctive anti-slavery organization and have nobody to follow but Douglas, who did not care whether slavery was “voted up or voted down.”

Accordingly, in his debate with Douglas, he had to supply additional material for the sustenance of the party’s life; for the time was rapidly approaching when it would become obvious to everybody that the extension of slavery into the territories had been checked permanently by prevailing economic conditions.

In order to win victory at the polls in 1858 it would be necessary for a Republican candidate not only to hold persons already enrolled in the moribund political organization, but also gain additional recruits . . . [and] two groups from which new members could be drawn were the bona-fide abolitionists and the Henry Clay “Whigs,” who had hitherto refused to enroll themselves in the sectional political party.

The abolitionists supplied the soul of the anti-slavery movement of the north, but they had in general refused to vote for anybody who compromised on anything less than a declaration in favor of abolition of slavery in the slave States. The Henry Clay Whigs of the North opposed further acquisition of territory which could be devoted to slavery but desired ultimate abolition only under conditions equitable to the South. They had the most kindly feelings toward the Southern whites and like Clay preferred the liberty of their own race to that of any other race, although they were no friends of slavery.

Lincoln so skillfully calculated the wording of his famous House-Divided speech that it won converts to his following from both the above-mentioned groups. It carried water on both shoulders, so to speak, for it was so constructed that it was acceptable to both radicals and moderate conservatives.”

(The Peaceable Americans of 1860-1861, A Study in Public Opinion, Mary Scrugham, Columbia, 1921, pp. 17- 20)

The English colonial system and a need for large labor forces to cultivate land and generate products for the benefit of the British Empire was behind the importation of slaves to North America, and fueling the transatlantic slave trade were the Muslim kings of Africa’s Gulf of Guinea who readily sold their subjects to European traders.  Slavery in Africa was a widespread institution and existed in the Sudan, Senegambia, Upper Gambia and along the Niger River. The New England abolitionists could have adopted Wilberforce’s peaceful campaign to eradicate slavery, and repaid humanity for the sins of their own slave trading fathers.

Bernhard Thuersam, www.circa1865.org

England’s Slave Trade Guilt

(Speech in the House of Commons by William Wilberforce, 12 May, 1789)

“When we consider the vastness of the continent of Africa; when we reflect how all other countries have some centuries past been advancing in happiness and civilization; when we think how in this same period all improvement in Africa has been defeated in her intercourse with Britain;

[W]hen we reflect that it is we ourselves that have degraded them to that wretched brutishness and barbarity which we now plead as the justification of our guilt; how the slave trade has enslaved their minds, blackened their character . . . What a mortification must we feel at having so long neglected to think of our guilt, or attempt any reparation!

It seems, indeed, as if we had determined to forbear from all interference [with slavery] until the measure of our folly and wickedness was so full and complete; until the impolicy which eventually belongs to vice was become so plain and glaring that not an individual in the country should refuse to join in the abolition; it seems as if we had waited until the persons most interested should be tired out with the folly and nefariousness of the trade, and should unite in petitioning against it.

Let us then make such amends as we can for the mischiefs we have done to the unhappy continent; let us recollect what Europe itself was no longer ago than three or four centuries.

What if I should be able to show this House [of Commons] that in a civilized part of Europe, in the time of Henry VII, there were people who actually sold their own children?  What if I should tell them that England itself was that country?  What if I should point out to them that the very place where this inhuman traffic was carried on was the city of Bristol?

Ireland at that time used to drive a considerable trade in slaves with these neighboring barbarians; but the great plague having infested the country, the Irish were struck with a panic, suspected (I am sure very properly) that the plague was a punishment sent from heaven for the sin of the slave trade, and therefore abolished it.

All I ask, therefore, of the people of Bristol is, that they would become as civilized now as Irishmen were four hundred years ago.  Let us put an end at once to this inhuman traffic – let us stop this effusion of human blood.”

(The World’s Famous Orations, William Jennings Bryan, editor, Funk and Wagnalls, 1906, pp. 66-68)

Lincoln was not the first to invoke an emancipation of slaves in the South for the purpose of carrying off his enemy’s agricultural labor and inciting a bloody race war – Virginia’s Royal Governor Lord Dunmore did this in 1775 and Rear Admiral Sir Alexander Cochrane the same in 1814. As enlistments for his war machine had virtually ceased after the carnage of 1862, Lincoln saw more blue-clad troops in slaves carried off from their Southern plantation homes.

Bernhard Thuersam, www.circa1865.org

Lincoln’s Instrument of Subjugation

“Lincoln had laid aside his [emancipation] proclamation waiting for a victory. He waited two months, meanwhile giving out public statements based on his previous noncommittal attitude [regarding African slavery]; then on September 22, after Lee’s invasion had been foiled at [Sharpsburg], he issued the preliminary proclamation.

That this proclamation was far from an abolition document is shown by a careful reading of its provisions. The President began by reiterating that the purpose of the war was the restoration of the Union and reaffirming his intention still to labor for compensated emancipation. He then declared that on January 1, 1863, slaves in rebellious States should be “then, thenceforward, and forever free” . . .

The proclamation was not expressive of any general antislavery policy. On January 1, 1863, the definitive proclamation was issued, its chief provision being that in regions then designated as “in rebellion,” (with certain notable exceptions) all slaves were declared free. [But] the stereotyped picture of the emancipator suddenly striking the shackles from millions of slaves by a stroke of the presidential pen is altogether inaccurate.

The whole State of Tennessee was omitted [from the proclamation]; none of the Union slave States was included; and there were important exceptions as to portions of Virginia and Louisiana, those being portions within Union military lines. In fact freedom was decreed only in regions then under Confederate control.

“The President has purposely made the proclamation inoperative [declared the New York World] in all places where we have gained a military footing which makes the slaves accessible. He has proclaimed emancipation only where he has notoriously no power to execute it. The exemption of the accessible parts of Louisiana, Tennessee and Virginia renders the proclamation not merely futile, but ridiculous.

The proclamation is issued as a war measure, as an instrument for the subjugation of the rebels. But that cannot be a means of military success which presupposes this same . . . success as the condition of its own existence . . . A war measure it clearly is not, inasmuch as the previous success of the war is the thing that can give it validity.”

“We show our sympathy with slavery, [Secretary of State William] Seward is reported to have said, “by emancipating slaves where we cannot reach them and holding them in bondage where we can set them free.”

The London Spectator declared (October 11, 1862): “The government liberates the enemy’s slaves as it would the enemy’s cattle, simply to weaken them in the . . . conflict . . . The principle is not that a human being cannot justify owning another, but that he cannot own him unless he is loyal to the United States.”

Earl Russell in England declared: “The Proclamation . . . appears to be of a very strange nature. It professes to emancipate all slaves in places where the United States authorities cannot exercise any jurisdiction . . . but it does not decree emancipation . . . in any States, or parts of States, occupied by federal troops . . . and where, therefore, emancipation . . . might have been carried into effect . . . There seems to be no declaration of a principle adverse to slavery in this proclamation.”

It will be noted that Lincoln justified his act as a measure of war. To uphold his view would be to maintain that the freeing of enemy slaves was a legitimate weapon of war to be wielded by the President . . . [and] in the new attitude toward slavery which the war produced [in the North] it was natural to find considerable support for the view that slavery was a legitimate target o the war power [of the President]; but it is a matter of plain history that prior to the Civil War the United States had emphatically denied the “belligerent right” of emancipation.

Indeed, John Quincy Adams, who has been credited by his grandson [Charles Francis Adams] with having originated the idea of the emancipation proclamation, declared officially while secretary of state in 1820 that “No such right [emancipation of slaves] is acknowledged as a Law of War by writers who admit any limitation.”

To Lincoln’s mind the war emergency justified things normally unconstitutional. “I felt that measures otherwise unconstitutional,” he said, “might become lawful by becoming indispensible to the preservation of the Constitution through the preservation of the nation.”

(The Civil War and Reconstruction, J.G. Randall, D.C. Heath and Company, 1937, pp. 489-493)