Collected Works of Abraham Lincoln. Volume 6 [Dec. 13, 1862-Nov. 3, 1863].

Preliminary Draft of Final Emancipation Proclamation1Jump to section

[December 30, 1862]

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:

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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 proper 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 intention so to do, publicly proclaimed for one hundred days as aforesaid, order and designate as the States and

parts of States in which the people thereof respectively are this day in rebellion against the United States, the following to wit:

Arkansas, Texas, Louisiana, except the Parishes of

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Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, except the forty-eight counties designated as West Virginia, and also the counties of

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And by virtue of the power, and for the purpose aforesaid, I do order,2Jump to section and declare, that all persons held as slaves within said designated States, and parts of States, are, and henceforward forever 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 and3Jump to section will do no act, or acts to repress said persons, or any of them, in any suitable efforts they may make for their actual freedom. And I hereby appeal to4Jump to section the people so declared to be free, to abstain from all disorder, tumult, and violence, unless in necessary self defence; and5Jump to section in all cases, when allowed, to labor faithfully, for6Jump to section 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 and defend forts, positions, stations, and other places, and to man vessels of all sorts in said service.

Annotation

[1]   Copies, DLC-RTL. Lincoln's autograph draft has not been found, but copies were prepared and distributed to members of the cabinet at the meeting on December 30. Each member was requested to offer suggestions. The copies received by Stanton and Welles have not been located, but those of Bates, Blair, Chase, and Seward are in the Lincoln Papers together with each member's suggestions for revision. In addition to submitting an entirely new redrafting of his own, which Lincoln did not use, Chase on December 31 made the following suggestions:

`` . . . It seems to me wisest to make no exception of parts of States from the operation of the Proclamation, save the Forty-eight Counties designated as West-Virginia. . . .

``I think it would be expedient to omit from the proposed Proclamation the declaration that the Executive Government of the United States will do no act to repress the enfranchised in any efforts they may make for their actual freedom.

``This clause in the September Proclamation has been widely quoted as an incitement to servile insurrection. In lieu of it, and for the purpose of shaming these misrepresentations, I think it would be well to insert some such clause as this: `not encouraging or countenancing, however, any disorderly or licentious conduct.' If this alteration is made, the appeal to the enslaved may properly enough be omitted. It does not appear to be necessary, and may furnish a topic to the evil-disposed for censure and ridicule. . . .

``I think it absolutely certain that the rebellion can in no way be so certainly, speedily and economically suppressed as by the organized military force of the loyal population of the insurgent regions, of whatever complection. In no way can irregular violence and servile insurrection be so surely prevented as by the regular organization and regular military employment of those who might otherwise probably resort to such courses.

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``Such organization is now in successful progress. . . .

``Considering these facts, it seems to me that it would be best to omit from the Proclamation all reference to the military employment of the enfranchised population, leaving it to the natural course of things already well begun; or to state distinctly that in order to secure the suppression of the rebellion without servile insurrection or licentious marauding, such numbers of the population declared free as may be found convenient will be employed in the military and naval service of the United States. . . .

``Finally, I respectfully suggest that on an occasion of such interest, there can be no just imputation of affectation against a solemn recognition of responsibility before men and before God; and that some such close as follows will be proper:---

`` `And upon this act, sincerely believed to be an act of justice warranted by the Constitution, and of duty demanded by the circumstances of the country, I invoke the considerate judgment of Mankind and the gracious favor of Almighty God.' ''

Bates' suggestions (undated but either December 31 or January 1) are as follows:

``I respectfully suggest that

``1. The President issues the proclamation `by virtue of the power in him vested, as commander in chief of the army & navy of the United States, in time of actual, armed rebellion' &c---`and as a proper & necessary war measure, for suppressing said rebellion---' Date January 1863.

``2. It is done in accordance with the first proclamation---of Sept 22nd 1862.

``3. It distinguishes between States & parts of States, and designates those States & parts of States, `in which the people thereof, respectively, ARE THIS DAY, (Jan 1, 1863) in rebellion against the United States.'

``These three propositions being true, I think they ought to be followed out, without excess or diminution, by action, not by the declaration of a principle nor the establishment of a law, for the future guidance of others. It is a war measure by the President---a matter of fact---not a law by the legislature.

``And as to what is proposed to be done in the future, the least said the better. Better leave yourself free to act in the emergencies, as they arise, with as few embarrassing committals as possible.

``Whether a particular State or part of a State, is or is not in actual rebellion, on the 1st. Jany 1863, is a simple matter of fact, which the President, in the first proclamation, has promised to declare in the second. Of course, it must be truly declared: It is no longer open, to be determined, as a matter of policy or prudence, independently of the fact.

``And this applies, with particular force, to Virginia. The Eastern shore of Virginia & the region round about Norfolk, are now (Dec. 31, 1862) more free from actual rebellion than are several of the 48 Counties spoken of as West Virginia.

``If the latter be exempt from the proclamation, so also ought the former. And so, in all the States that are considered in parts.

``The last paragraph of the draft, I consider wholly useless, and probably injurious---being a needless pledge of future action---which may be quite as well done without as with the pledge.''

Blair's suggestions (undated but either December 31 or January 1) and Seward's (December 30) are given in the succeeding footnotes appended to the particular passages affected.

[2]   Blair's suggested revision of the remainder of the draft is as follows (portions in parentheses are on a separate sheet marked for insertion as given here):

``I do order & declare that all persons held as slaves within said designated states & parts of states shall be free; and that the Executive Government of the United States, including the Military & Naval authorities will recognize & maintain the freedom of said persons. And in order that they may render all the aid they are willing to give to this object & to the support of the Government, authority will be given to receive them in to the service whenever they can be usefully employed & they may be armed to garrison forts, to defend positions & stations and to man

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vessels. And (whilst) I appeal to them to show themselves worthy of freedom by fidelity & diligence in the employments which may be given to them by the observance of order & by abstaining from all violence not required by duty or for self defence. (It is due to them to say that the conduct of large numbers of these people since the war began justifies confidence in their fidelity & humanity generally).''

[3]   Seward suggested: ``Omit the words . . . between `and' and `freedom'.''

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[4]   Seward suggested: ``for `appeal to' substitute `command and require'.''

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[5]   Seward suggested: ``after `and,' insert `I do recommend to them'.''

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[6]   Seward suggested: ``after `for,' insert `just and reasonable'.''

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