Tag: Emancipation Proclamation

If Trump could save the Union by bombing Europe with nuclear weapons…

Do you remember how, back in April 2008, we posted an analysis of the Emancipation Proclamation? It was called “If I could save the Union without freeing any slaves…”: The victory of the Emancipation Proclamation,” and it referred to the famous Lincoln-Greeley exchange:

In the months before Lincoln published his proclamation, Horace Greeley, of the New York Tribune, wrote an editorial letter on August 20, 1862 blasting the president for not abolishing slavery already. No one outside Lincoln’s cabinet knew he had the EP written and waiting. Lincoln’s response is famous, or infamous, to us now. It is the letter in which he said that if he could save the Union by freeing all the slaves, he would, and it he could save it by freeing none, he would, and if he could do it by freeing some and leaving others, he would do that.

In our effort to explain why Lincoln’s statement is not disgustingly pro-slavery but revolutionary in its essence, we said this:

Lincoln starts by saying that his main aim in the war is to preserve the Union. He sees a few options when it comes to saving the Union. He might be able to do it by freeing all the slaves. If that was the best option, he would take it. He might, though, be able to save the Union without freeing any slaves. If so, he would take that option. Or, he might be able to save the Union by freeing some slaves.

You, by now, should see that he is hinting very broadly at his Proclamation, which did just that: it freed some enslaved people and left others (in the border states) enslaved. (For the reasons we have already described—under war powers, he could only free slaves in territory at war with the U.S. without Taney and the courts striking the measure down.)

We still shudder at Lincoln calmly talking about not freeing anyone. But people at the time saw what was really shocking: Lincoln was saying that ending slavery was on the table. For the first time in the history of the United States, a president was saying he would outlaw slavery. This had never been on the table before.

It would be like an American president today saying, “If I can bring peace to the Middle East without using nuclear weapons, I won’t use them. If I have to launch a few nuclear strikes to bring peace, I’ll do that.” We would say, wait a minute—when did nuclear weapons come into this question? No one has ever talked about nuclear war in the Middle East before, but now the President is saying it’s on the table.

When we wrote that, we deliberately tried to think of the most exaggerated, not remotely possible scenario we could—a U.S. president saying s/he would use nuclear weapons on the Middle East.

But Republican presidential candidate Trump has yanked this scenario into the realm of the possible. He has in fact made our outlandish scenario look modest by saying he would bomb not just ISIS-held areas of the Middle East, but our allies and friends in Europe. Here is the relevant part of his interview with Chris Matthews:

Donald Trump: “First of all, you don’t want to say take everything off the table because you would be a bad negotiator if you do that.”

Chris Matthews: “Just nuclear?”

DT: “Look, nuclear should be off the table, but would there be a time that it could be used? Possibly.”

CM: “The problem is when you say that, the whole world heard that. David Cameron heard that in Britain, the Japanese where we bombed them in ’45 heard it. They are hearing a guy running for President of the United States talking about maybe using nuclear weapons. Nobody wants to hear that about an American president.”

DT: “Then why are we are making them [nuclear weapons]? Why do we make them?”

CM: “Because of the old mutually assured destruction, which Reagan hated and tried to get rid of.”

DT: “I was against Iraq, I would be the last one to use the nuclear weapons because that’s sort of like the end of the ball game.”

CM: “Can you tell the Middle East we’re not using nuclear weapons?”

DT: “I would never say that. I would never take any of my cards off the table.”

CM: “How about Europe? We won’t use in Europe?”

DT: “I’m not going to take it off the table for anybody.”

CM: “You’re going to use it in Europe?”

DT: “No! I don’t think so. But…”

CM: “Just say it, say ‘I’m not going to use a nuclear weapon in Europe’.”

DT: “I am not taking cards off the table. I’m not going to use nukes – but I’m not taking any cards off the table.”

And thus we have it: an American presidential front-runner, if not an actual president, saying he would use nuclear weapons on Europe. Lincoln’s statement that he would end slavery to win the war now takes second-place in the list of astonishing political statements made by presidents and/or presidential contenders. If we jinxed this by making the analogy, and by using the very words “on the table” that Trump used,  believe us, we’re sorry.

Celebrating the Emancipation Proclamation

It was with trepidation that I tuned in to my local NPR station today to hear the show On Point’s discussion of the EP, passed January 1, 1863. The host Tom Ashbrook opened the show with the usual uninformed spiel about whether the EP and Lincoln himself were good or bad, praiseworthy or contemptible.

But Ashbrook was saved from himself by his guests, particularly Edna Greene Medford of Howard University, and the hour was spent truly and accurately assessing and appreciating the EP and the man behind it. Dr. Medford gave listeners a valuable analysis of the EP and Lincoln’s goals in writing it, as well as the political and legal considerations that hampered him from achieving all he would have wanted (he would have to do so with the 13th Amendment).

My only small quarrel with Dr. Medford was that she said the EP only freed enslaved people in the Confederacy because it was about property, and only in the Confederacy were people held as property. This is not the real heart of the matter. As I point out in my series on the EP, Lincoln could not free enslaved people in the North because there weren’t any, and he could not free enslaved people in the border states because that would have caused them to join the Confederacy, and because slavery was not illegal in the U.S. He could only free people enslaved in the Confederacy.

Each state in the North had made slavery illegal, so there were state laws in place to stop slavery, but there was no federal law prohibiting slavery in the nation. So if Lincoln freed enslaved people in the border states, still technically part of the U.S., he would not have any force of law to back that up with; it would have been a wartime-only action that would have been quickly overturned once the war ended and slavery was still legal in the U.S.

So Lincoln realized he had to first outlaw slavery in the Confederacy, just to prove once and for all that if the Confederacy was defeated it would not be allowed to keep slavery when it returned to the U.S., then he had to get a Constitutional Amendment passed banning slavery in all of the U.S. Only this way would the abolition of slavery be permanent and safe from legal challenges that it was just a wartime measure.

The On Point guests seemed to say that the EP was just a wartime measure meant to hurt the Confederacy’s ability to make war, but it was so much more than that. All Americans are right to celebrate the EP, on its anniversary and every day.

Lincoln rebuttal: who black people hate

I noticed on my blog stats page that someone had clicked into my series of posts on Lincoln and slavery from a site called “Stuff Black People Hate”, which is either the precursor or follower of the site “Stuff White People Love.” I clicked the link to the site and there, posted on March 27, 2008, was an article about how vile Lincoln was and why black Americans hate him.

It’s good to know that my series on Lincoln was timely.

The post quotes one of Lincoln’s 1858 Senate race speeches, in which he talks about how he will never let inferior Negroes mix with whites. Then, it quotes an 1865 speech in which Lincoln says he wishes that only those black Americans who served in the Union army could have the vote.

Both quotes are used to prove Lincoln’s racism in the most dishonest way. First, yes indeed, Lincoln was flailing during that Senate race, battling with his own racism. He wanted the grand ideal of equality for all, but was totally unequipped mentally to bring it about.

You could use that quote to lambast Lincoln’s racism–IF that was the end of the story. But, unlike most people then and now, Lincoln’s attitude toward race changed pretty radically over a pretty short period of time. Five years after that 1858 speech, he had fought hard to get Congress to pass the Emancipation Proclamation, freeing enslaved people in war zones permanently and setting the legal stage for abolition. Seven years after that 1858 speech, he convinced the Congress and the people to abolish slavery in the U.S., driving the Thirteenth Amendment through a skeptical Congress and nation.

In 1865, his musings on allowing only intelligent or veteran black Americans to vote can be viewed as racist–unless you know something about American history. At that point, no black Americans could vote. The Fifteenth Amendment would not come into existence until 1870. So Lincoln is saying that even though black Americans are not yet allowed to vote, those who served their country in war should be allowed to.

Having pushed through the EP and the Thirteenth Amendment in just two years, Lincoln was likely waiting to include the right to vote for black Americans until his Reconstruction plan began.

So once again I’m gravely unconvinced by the same old misinformed and tired arguments against Lincoln. Yes, he began as a racist. But he didn’t end that way. To insist on slandering him is only to insist on spreading the myth that American freedom and principles mean nothing. They only mean nothing when we ignore them.

If black—and white—Americans want to hate someone, how about Bing Crosby? I saw “Holiday Inn” on TV the other night. In it, Crosby runs an inn open only on holidays. For Lincoln’s birthday, the inn was set up like a plantation, with all the whites in black face, including Bing, who sang a song in “negro dialect” while his blonde girlfriend, with her hair sticking straight up in her role as “pickaninny”, rolled her eyes and also sang about “ol fadder Abraham” (after complaining, while her blackface was put on, that she had thought she was going to get to look pretty).  This was in 1942.  It was perhaps the most revolting thing I’ve ever seen on television, or anywhere else. Sometimes the 20th century looks worse than the 19th.

“If I could save the union without freeing any slaves…” – The victory of the Emancipation Proclamation

This post is part 3 of our series on Lincoln, racism, and slavery. Here we conclude our study of the Emancipation Proclamation.

 

The EP is short and legalistic and has been criticized for lacking moral rhetorical flourishes, but this is deliberate. It is a canny legal document designed to outmaneuver Taney and the courts. In its short lines, the EP gives its legal rationale for freeing certain enslaved people, a schedule for doing so, a definition of who is freed, and their new legal condition. In its short lines, Lincoln overrode centuries of power located in state slave codes, property ownership laws, and civil court rulings and procedures. Lincoln offers no monetary compensation. And, at last, he drops all mention of shipping freed black Americans to Africa. [Ibid. 120] There would be no more colonization, compensation, or caviling. Slavery would no longer be a part of the southern United States. If the Confederate states returned to the Union, it would be without slaves.

 

So we see the reason Lincoln did not extend the terms of the EP to the Border states, or the western territories. (This is what he is lacerated for, for only freeing slaves in Confederate states at war.) First, the Border states were not at war with the U.S. but a part of it; Lincoln could not use his war powers on them when they were not in a state of war with the U.S. The same applies to the west, which was not at war with the U.S.

 

And Lincoln did not apply the EP to the North, to the Union, to the United States as it stood in 1862, because slavery had already been outlawed in all the states then remaining in the Union. We’ll come back to this later, though; Lincoln would.

 

In the months before Lincoln published his proclamation, Horace Greeley, of the New York Tribune, wrote an editorial letter on August 20, 1862 blasting the president for not abolishing slavery already. No one outside Lincoln’s cabinet knew he had the EP written and waiting. Lincoln’s response is famous, or infamous, to us now. It is the letter in which he said that if he could save the Union by freeing all the slaves, he would, and it he could save it by freeing none, he would, and if he could do it by freeing some and leaving others, he would do that.

 

We take that as the basest kind of position. This is the quote most people use to show how racist and pro-slavery Lincoln was. They are wrong. Let’s look at the whole letter.

 

Lincoln starts by saying that his main aim in the war is to preserve the Union. He sees a few options when it comes to saving the Union. He might be able to do it by freeing all the slaves. If that was the best option, he would take it. He might, though, be able to save the Union without freeing any slaves. If so, he would take that option. Or, he might be able to save the Union by freeing some slaves.

 

You, by now, should see that he is hinting very broadly at his Proclamation, which did just that: it freed some enslaved people and left others (in the border states) enslaved. (For the reasons we have already described—under war powers, he could only free slaves in territory at war with the U.S. without Taney and the courts striking the measure down.)

 

We still shudder at Lincoln calmly talking about not freeing anyone. But people at the time saw what was really shocking: Lincoln was saying that ending slavery was on the table. For the first time in the history of the United States, a president was saying he would outlaw slavery. This had never been on the table before.

 

It would be like an American president today saying, “If I can bring peace to the Middle East without using nuclear weapons, I won’t use them. If I have to launch a few nuclear strikes to bring peace, I’ll do that.” We would say, wait a minute—when did nuclear weapons come into this question? No one has ever talked about nuclear war in the Middle East before, but now the President is saying it’s on the table.

 

So with Lincoln’s statement that suddenly abolition was on the table. No longer could anyone in the U.S. or the Confederacy believe that slavery was protected and would not be abolished. Lincoln was telling the nation that he was thinking about abolishing it—that he would abolish it, if that would win the war. To Americans at the time, it didn’t matter that it might be partial abolition. Any move toward abolition coming from Washington was unheard of, and again, certainly no president had ever moved to abolish slavery at all, anywhere, ever.

 

Lincoln underlined this new attitude by adding, “I intend no modification of my oft-expressed personal wish that all men every where could be free.” This was a pretty clear message—or warning—to the nation and the Confederacy that slavery was not going to make it out of the war intact. Lincoln was just waiting for the moment to make a move that would be effective and lawful. As Lincoln said himself after his letter appeared, his intention was to make clear that “he would proclaim freedom to the slave just as soon as he felt assured he could do it effectively…” [my italics; Ibid., 135-36]

 

Lincoln put the Proclamation out to the nation right before the November 1862 Congressional elections. This was dangerous. People might have voted all Republicans out of Congress because of the Republican president’s Proclamation. The Congress might have come under Democratic control, and those Democrats would have fought the Proclamation. But it had always been Lincoln’s wish to give the people a chance to vote on any emancipation order he issued. And 31 Republicans did lose their seats in Congress, as voting for Republicans fell 16 percent from 1860 [Ibid. 167] But the Republicans maintained their majorities in the House and Senate, and Lincoln pressed them to support the Proclamation. He knew that the Proclamation would not only free enslaved people, but galvanize the North. Once the Proclamation took effect… “the character of the war will be changed. It will be one of subjugation and extermination [of slavery],” Lincoln told T. J. Barnett.

 

He was right. After January 1, 1863, when the Emancipation Proclamation took effect, emancipation was “wedged into the war’s equation as a sine qua non of victory.” And Lincoln added that he intended to shape a follow-up policy that would be “more radical than ever.” [Ibid. 156, 228]

 

What was this radical move? To pass an Amendment to the Constitution outlawing slavery. Lincoln knew his Emancipation Proclamation would hold up during the war, and that those freed by it would remain free after the war. But what about enslaved people in the Border states, who were not freed by it? What about slavery in the west, or even in the North, unlikely as that may have seemed? Slavery was still technically possible in those areas. And Lincoln couldn’t be president forever. Once he was out of office, a new president could re-affirm slavery.

 

Lincoln could not accept this kind of risk. He began to push the new Congress to pass the Thirteenth Amendment, outlawing slavery in the United States. It seemed like a good sign when Lincoln’s legal nemesis Chief Justice Roger Taney died in October 1864. The vote on the Thirteenth Amendment came on January 31, 1865, and, as we know, it passed.

 

Next time: the final Lincoln post

Truth v. Myth: The Emancipation Proclamation was not useless

In part 2 of my series on Lincoln and slavery, we address the Emancipation Proclamation.

 

Ever since I was a kid, I have read that the Emancipation Proclamation was a sham. It only freed a fraction of enslaved people, and only freed them where the federal government had no power to enforce it,  and therefore had no real power or purpose. It was an empty gesture by a president who was pro-slavery. Let’s set that straight right now. 

 

The main problem people have with the EP today is that it only freed enslaved people in areas that were rebelling (in the Confederacy), and not in areas of the Confederacy occupied by Union troops, and not in the border states of Missouri, Kentucky, Delaware, and Maryland that were slaveholding but not part of the Confederacy. As one of Lincoln’s witty critics at the London Times put it in 1863 put it, “Where he has no power Mr. Lincoln will set the negroes free; where he retains power he will consider them as slaves.” Abolitionists then and most people today wish Lincoln had freed all slaves in the Proclamation, and don’t understand why he wrote what he did instead.

 

People have also been discouraged by Lincoln’s moves to overturn and rescind orders some Union generals sent out once they occupied a Confederate area that freed enslaved people in that area. Why would he do that?

 

Because he knew that if slavery was going to be abolished in the United States, it was going to have to be made illegal.

 

That sounds a little redundant. But it’s the heart and soul of Lincoln’s actions and planning and his eventual Proclamation. Slavery was still legal in the United States during the Civil War (until 1863). The northern states had passed emancipation laws, but there was no federal law outlawing slavery (it seemed a moot point with slavery already outlawed on the state level). Lincoln realized that if army officers or even he himself, the president, sent out orders freeing enslaved people during the war, once the war was over, those newly freed people would have absolutely no legal protection from being re-enslaved. Because slavery would still be legal in the United States, even if the Confederacy was beaten. And until 1863, many people in the U.S. and the Confederacy figured that if the Union won the war, and the Confederate states returned to the Union, they would be allowed to keep slavery (but not be allowed to expand it into the west). Some people thought this would be temporary, others thought it would be permanent.

 

It’s hard for us to picture this now, because we know slavery was abolished by and during the war. But that’s only because of Lincoln’s Proclamation. Before he published a draft of the EP in August 1862, slavery was still on the table, and very much alive as an option.

 

So Lincoln rescinded those orders his generals sent out, because he knew they would have no legal power if the war ended and slavery was not abolished. If a general freed enslaved people, and then those people were successfully forced back into slavery, it would damage any future attempt to abolish slavery in general.

 

Lincoln also knew that whatever he did to end slavery would come in for powerful court challenges, as people fought it, and that Supreme Court Chief Justice Taney would be more than eager to strike down a Lincoln law against slavery. Ever since Lincoln had suspended habeas corpus (which allows people to know what they are being arrested for, and guarantees them a speedy court trial by jury) during the war, Taney had hated Lincoln. Lincoln knew that Taney would be ready to attack any attempt to end slavery that Lincoln tried to push.

 

Therefore, Lincoln knew that he could not go with “the satisfaction of a ‘spirit’ overriding the law… not the exercise of [his] will rather than reason,” as Guelzo puts it. [Guelzo 5] Whatever Lincoln did to end slavery had to be fully legal, stand up in court, and have the buy-in of the American people, whom he would have liked to have vote on any such measure.

 

His first plan was the Delaware Plan. Delaware was one of the four neutral Border states. Lincoln was fearful that a Union general would go into one of these Border states and start freeing enslaved people, enraging slaveholders and driving all of the Border states into the Confederacy. (If Maryland left the Union, Washington, DC itself would be located inside the Confederacy.)  Before that could happen, Lincoln tried to get the neutral, slaveholding Border states to give up slavery in return for a cash compensation. He called representatives from those states to Washington to make them the offer, infuriating abolitionists who hated the idea of slaveholders getting a reward for ending slavery.

 

If the Border states would give up slavery peacefully, it would destroy the Confederacy’s chances of getting them to leave the Union, and it would make it much easier for Lincoln to abolish slavery legally in the U.S., because then no state actually in the U.S. would be slaveholding. Then, if the Confederacy lost the war and had to come back into the Union, it would have to give up slavery because slavery would be illegal in the U.S.

 

But the Border states would not go for the Delaware Plan. Delaware slaveholders were not ready to give up slaveholding, and state papers cast doubt and mockery on the government’s promise to pay $900,000 to slaveholders for giving up their enslaved people. [Ibid. 92] The other reason for the rejection of the Delaware Plan was that many Americans realized that for the first time, an American president was making moves to eradicate slavery. “The great, transcendent fact is, that for the first time… we have the recommendation from the presidential chair of the abolition of slavery…” said the Daily National Republican on March 10, 1862. The debate was no longer about how to contain slavery or where it would be allowed, but about getting rid of it, forever.

 

Lincoln was, at this point, still adamant about shipping the black Americans who were freed by the Delaware Plan “back” to Africa. This was not about racism. It was a cold, hard assessment of the facts, of what enslaving one group of people because of their race does to both the enslaved and enslaving races. “You and we are different races,” said Lincoln, “[and] your race are suffering, in my judgment, the greatest wrong inflicted on any people. [But] even when you cease to be slaves, you are yet far removed from being placed on an equality with the white race. [This is] a fact with which we have to deal.” In this, Lincoln was prescient, for we are still working, 144 years later, on getting all white Americans to place black Americans “on an equality.”

 

Lincoln figured black Americans would be happy to leave a place and a people that had enslaved them so bitterly. “I do not know how much attachment you may have toward our race,” he said. “It does not strike me that you have the greatest reason to love [us].” [Ibid. 142] Lincoln said these things to a committee of black American leaders he called to the White House to discuss colonization of formerly enslaved people. (The first time any president had invited black leaders to a White House conference.) These men bravely stood up to Lincoln and told him they did not want to leave their own country, but work in it and have the benefits of it. Lincoln, doubtful, clung to colonization, but only voluntary colonization. He never planned to have black Americans forcibly shipped to Africa.

 

We are irritated and disappointed to hear Lincoln talk about colonization, but the one silver lining in it is that it shows how serious he was about ending slavery. He felt he had to have a plan in place to remove all the people he was determined to free from slavery.  That plan was the EP.

 

When it became clear that there was no way the Delaware Plan was going to be accepted, in any shape or form, Lincoln might have given up. He might have just hoped that the war would end slavery by itself, that if the Confederacy was defeated, slavery would soon be abolished in the South. He could have been like the Founders and looked ahead to distant, better times. But instead he moved ahead with what he felt was his only remaining option to end slavery: using the war powers given to the president by the Constitution.

He would write an emancipation proclamation, freeing enslaved people in the Confederacy. It would be in the same vein as the Confiscation Acts that allowed Union soldiers to take food, weapons, horses, or any other thing from the Confederate army or civilian public that was helping the Confederate war effort. Under the Confiscation Act, enslaved people had been considered property and labor that helped the Confederate war effort, and had therefore been “seized” by Union generals.

But unlike the Confiscation Act, the EP would be eternally binding. Lincoln knew that the Confiscation Act would not be binding if the war ended and slavery had not been repealed. The Confiscation Act could only free enslaved people during a war, when they were part of a war effort. If the war ends and slavery still exists, those people are returned to slavery.

So his Emancipation Proclamation, unlike the Confiscation Act, would free enslaved people in the Confederacy, not until the war was over, but forever. We tend to miss that word—and henceforward shall be free. From this time forward. By abolishing slavery in the states in rebellion, Lincoln was saying that once the war was won by the Union, and the southern states in rebellion returned to the Union, they would have to return without slavery. Most of the country would be free because northern states had individual anti-slavery laws and the southern states were banned from holding slaves by the EP.

The only problem would then be the border states and the west. The border states were slave states, and the west was technically open to slavery. To fix this, and end slavery in the United States completely and permanently, Lincoln would present an amendment to the Constitution to abolish slavery on the national rather than individual state level. This would be the Thirteenth Amendment, passed in December 1865.

For now, in 1863, the goal was to ensure that the Confederate states returned to the Union as free states after a Union victory in the war. That’s what the EP did. Read on for the details by clicking below.

Next post: Confiscation v. Emancipation