Emancipation Proclaimed—More or Less

Antietam was not the turning point of the war, but it was nevertheless a momentous battle. It provided the platform from which Abraham Lincoln issued the so-called “preliminary” Emancipation Proclamation.

The fact is that Lincoln was no enthusiastic advocate of emancipation. To be sure, he personally hated slavery, but as president, he was sworn to uphold the Constitution, which clearly protected slavery in the slave states. More immediately, Lincoln feared that universally declaring the slaves free would propel the four slaveholding border states into the Confederate fold. For many Northerners, the moral basis of the Civil War was the issue of emancipation. But Lincoln moved cautiously.

In August 1861, Lincoln prevailed on Congress to declare slaves in the rebellious states “contraband” property. As such, slaves could be seized by the federal government, which could then refuse to return them. In March 1862, Congress passed a law forbidding army officers from returning fugitive slaves. In July 1862, Congress passed legislation freeing slaves confiscated from owners “engaged in rebellion.” In addition, a militia act authorized the president to use freed slaves in the army. With these acts, Lincoln’s government edged closer to emancipation.

Secretary of State William H. Seward warned that a proclamation of emancipation would ring hollow down the depressingly long corridor of Union defeats. It was not until Antietam, a Union victory—albeit a costly one—that Lincoln felt confident in issuing the preliminary proclamation on September 23, 1862. This document did not free the slaves, but rather, warned slave owners living in states “still in rebellion on January 1, 1863” that their slaves would be declared “forever free.” When that deadline came and passed, Lincoln issued the “final” Emancipation Proclamation-which set free only those slaves in areas of the Confederacy that were not under the control of the Union army (areas under Union control were no longer, technically, in rebellion); slaves in the border states were not liberated.

Timid, even disappointing as the Emancipation Proclamation may seem from our perspective, it served to galvanize the North by explicitly and officially elevating the war to a higher moral plane: slavery was now the central issue of the great Civil War.