Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following:
SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them, and coming under the control of the government of the United States; and all slaves of such persons found on [or] being within any place occupied by rebel forces, and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.
SEC. 10. And be it further enacted, That no slave, escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offense against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretense whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.
And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the act and sections above recited.
And the Executive will in due time recommend that all the citizens of the United States who shall have remained loyal thereto throughout the rebellion, shall (upon the restoration of the constitutional relation between the United States and their respective States and people, if that relation shall have been suspended or disturbed) be compensated for all losses by acts of the United States, including the loss of slaves.
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 twenty-second day of September, in the year of our Lord, one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-seventh.
By the President: ABRAHAM LINCOLN. WILLIAM H. SEWARD, Secretary of State.
Lincoln's own account of this proclamation, and of the steps that led to it, is given as reported by Mr. F.B. Carpenter. "It had," said Lincoln, "got to be midsummer, 1862. Things had gone on from bad to worse, until I felt that we had reached the end of our rope on the plan of operations we had been pursuing; that we must change our tactics and play our last card, or lose the game. I now determined upon the adoption of the emancipation policy; and, without consultation with, or the knowledge of, the Cabinet, I prepared the original draft of the proclamation, and, after much anxious thought, called a Cabinet meeting upon the subject. This was the last of July, or the first part of the month of August, 1862. This Cabinet meeting took place, I think, upon a Saturday. All were present excepting Mr. Blair, the Postmaster general, who was absent at the opening of the discussion, but came in subsequently. I said to the Cabinet that I had resolved upon this step, and had called them together, not to ask their advice, but to lay the subject-matter of a proclamation before them; suggestions as to which would be in order, after they had heard it read. Mr. Lovejoy was in error when he informed you that it excited no comment, excepting on the part of Secretary Seward. Various suggestions were offered. Secretary Chase wished the language stronger in reference to the arming of the blacks. Mr. Blair, after he came in, deprecated the policy, on the ground that it would cost the administration the fall elections. Nothing, however, was offered that I had not already fully anticipated and settled in my own mind, until Secretary Seward spoke. He said in substance: 'Mr. President, I approve of the proclamation, but I question the expediency of its issue at this juncture. The depression of the public mind, consequent upon our repeated reverses, is so great that I fear the effect of so important a step. It may be viewed as the last measure of an exhausted government, a cry for help; the government stretching forth its hands to Ethiopia, instead of Ethiopia stretching forth her hands to the government.' 'His idea,' said the President, 'was that it would be considered our last shriek on the retreat.' (This was his precise expression.) 'Now,' continued Mr. Seward, 'while I approve the measure, I suggest, sir, that you postpone its issue until you can give it to the country supported by military success, instead of issuing it, as would be the case now, upon the greatest disasters of the war!'" Lincoln continued: "The wisdom of the view of the Secretary of State struck me with very great force. It was an aspect of the case that, in all my thought upon the subject, I had entirely overlooked. The result was that I put the draft of the proclamation aside, waiting for a victory. From time to time I added or changed a line, touching it up here and there, anxiously waiting the progress of events. Well, the next news we had was of Pope's disaster at Bull Run. Things looked darker than ever. Finally, came the week of the battle of Antietam. I determined to wait no longer.6 The news came, I think, on Wednesday, that the advantage was on our side. I was then staying at the Soldiers' Home (three miles out of Washington). Here I finished writing the second draft of the preliminary proclamation; came up on Saturday; called the Cabinet together to hear it; and it was published the following Monday."
Another interesting incident occurred at this Cabinet meeting in connection with Secretary Seward. The President had written the important part of the proclamation in these words: "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 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." "When I finished reading this paragraph," remarked Lincoln, "Mr. Seward stopped me, and said, 'I think, Mr. President, that you should insert after the word "recognize" "and maintain."' I replied that I had already fully considered the import of that expression in this connection, but I had not introduced it, because it was not my way to promise what I was not entirely sure that I could perform, and I was not prepared to say that I thought we were exactly able to maintain this. But Seward insisted that we ought to take this ground, and the words finally went in."
The special Cabinet meeting to which Lincoln here refers was one of uncommon interest even in that day of heroic things. An account of it is given by Secretary Welles, who was present. "At the Cabinet meeting of September 22," says Mr. Welles in his Diary, "the special subject was the Proclamation for emancipating the slaves after a certain date, in States that shall then be in rebellion. For several weeks the subject has been suspended, but the President says never lost sight of. In taking up the Proclamation, the President stated that the question was finally decided, the act and the consequences were his, but that he felt it due to us to make us acquainted with the fact and to invite criticism on the paper which he had prepared. There were, he had found, not unexpectedly, some differences in the Cabinet, but he had, after ascertaining in his own way the views of each and all, individually and collectively, formed his own conclusions and made his own decisions. In the course of the discussion on this paper, which was long, earnest, and, on the general principle involved, harmonious, he remarked that he had made a vow, a covenant, that if God gave us the victory in the approaching battle, he would consider it an indication of Divine will, and that it was his duty to move forward in the cause of emancipation. It might be thought strange, he said, that he had in this way submitted the disposal of important matters when the way was not clear to his mind what he should do. God had decided his questions in favor of the slaves. He was satisfied it was right; and he was confirmed and strengthened in his action by the vow and the results. His mind was fixed, his decision made, but he wished his paper announcing his course to be as correct in