Jonah Patel
Abraham Lincoln's 1861 address has been the subject of much debate, with some arguing that the published version was incomplete and appeared to have been edited to tone down Lincoln's assertions of the Union's authority above the Constitution. This version also seemed to shift the emphasis away from slavery as the primary dispute between the North and South, instead focusing on differences over the precedence of individual states versus the Union in law-making. Lincoln, the first president opposed to legalized slavery, had to declare the secession of seven states that legalized slavery as unconstitutional, an act that sparked the American Civil War. The question remains whether the abridged version of Lincoln's address downplayed the issue of slavery and, if so, what implications this had for the interpretation of the Constitution.
| Characteristics | Values |
|---|---|
| Date of Lincoln's Address | 1861 |
| Lincoln's Position on Slavery | Opposed to Legalized Slavery |
| Lincoln's Position on Secession | Unconstitutional |
| Effect of Redactions in Published Version | Toned Down Lincoln's Assertions of Union Authority |
| Removed Focus on Slavery as Key Dispute | |
| Shifted Emphasis to Differences Between Individual States and the Union | |
| Lincoln's Plan for Captured Confederate States | Abolition of Slavery |
| Acceptance of Emancipation Proclamation | |
| Acceptance of Confiscation Acts | |
| Acceptance of Act Banning Slavery in U.S. Territories |
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What You'll Learn
Lincoln's stance on slavery
Abraham Lincoln's stance on slavery was clear from the very beginning of his political career. As a state representative in Illinois in 1837, he moved a motion in the Illinois legislature, stating that "the institution of slavery is founded on both injustice and bad policy". Lincoln believed that slavery was a testament to "the selfishness of man's nature", and that its opposition was rooted in "his love of justice".
Lincoln's abhorrence for slavery was also evident in his personal life. He believed that slavery should be eliminated, but he was not an abolitionist or an advocate for the immediate liberation of all American slaves. He did not support financial compensation for slave owners, and he wanted to ensure that the end of slavery was achieved in a lawful manner that could not be overturned by the Supreme Court. As a constitutionalist, Lincoln took seriously his duty to execute the laws of the United States. He recognized that the Constitution did not authorize the president to interfere with slavery where it existed in the states, as he asserted in his First Inaugural Address.
Lincoln's focus was on preventing the expansion of slavery into new Western territories, which could lead to new slave states. He believed that preventing this expansion would eventually lead to slavery's demise. After Lincoln was elected, the departure of Southern members of Congress made it possible to abolish slavery in the District of Columbia. The District of Columbia Compensated Emancipation Act of 1862 provided partial compensation to slave owners, paid out of federal funds. Lincoln hoped that this would encourage border states to do the same, thereby eliminating their incentive to secede from the Union and join the Confederacy.
Lincoln also took steps to ensure that the end of slavery was permanent. He opened recruitment in the Union army to Black volunteers, made acceptance of the Proclamation a condition for the restoration of the Union, and urged new state governments in the South to consider giving freed men the vote. He ultimately pushed through Congress an amendment to the Constitution that abolished slavery everywhere in the United States.
Lincoln's wife, Mary Todd Lincoln, also seemed to oppose slavery. She donated to the Contraband Relief Association, which provided assistance to people fleeing slavery during the Civil War. However, her writings on the topic are ambiguous, and she did not publicly speak out against slavery.
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The Union's authority
In his 1861 address, Abraham Lincoln asserted the legitimate authority of the Union before and above the Constitution. Lincoln argued that secession was unconstitutional and that the Union of States was perpetual. He emphasised that the central idea of secession is the essence of anarchy, and that a majority, held in check by constitutional constraints, is the only true sovereign of a free people.
Lincoln's address also touched on the issue of slavery, which was a key point of dispute between the North and South. He believed that the Confederate States of America, formed by states that had seceded from the Union, were acting as an insurgency rather than a rival nation. Lincoln's administration took steps to abolish slavery, such as the Emancipation Proclamation, which freed slaves in designated states and parts of states. The Proclamation was justified as an act of justice and a military necessity.
Lincoln's strong assertions of the Union's authority were toned down or removed entirely in an incomplete version of his 1861 speech published by the Miller Centre. This editing had the effect of minimising slavery as the primary issue at dispute between the Union and southern states, and instead portrayed the conflict as one primarily about states' rights.
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The North-South conflict
Lincoln declared this secession unconstitutional, stating that the Union of these States is perpetual. He called a special session of Congress on July 4, 1861, to explain his reasons for acting against the Confederacy as an insurgency, not a rival nation. Lincoln's address emphasized the legitimate authority of the Union over the Constitution and highlighted slavery as the key dispute. However, an abridged version of his speech published by the Miller Centre toned down these assertions and shifted the focus to differences between states' rights and the Union's law-making and enforcement powers.
The conflict escalated when Confederate forces attacked the US Army garrison at Fort Sumter in South Carolina. Lincoln referred to this attack as an aggressive act of violence that forced a choice between disunion and war. He emphasized that the assault on Fort Sumter was not an act of self-defense by the Confederates. The North-South conflict thus intensified, with Lincoln working to suppress the insurgency and uphold the Union.
Lincoln's stance on slavery was evident in his policies and proclamations. In December 1863, he issued the Proclamation of Amnesty and Reconstruction, outlining conditions for rebel states to reconcile with the Union, including accepting the Emancipation Proclamation and freeing their slaves. Lincoln also proposed a plan for the Reconstruction of the captured Confederate State of Louisiana, requiring the state to abolish slavery in its new constitution. By December 1864, Lincoln's plan had led to the abolition of slavery in Louisiana, Arkansas, and Tennessee.
In summary, the North-South conflict was a complex dispute influenced by differing interpretations of the Constitution, states' rights, and the issue of slavery. Lincoln's actions and policies, including his inaugural address, proclamations, and plans for Reconstruction, played a significant role in shaping the conflict and ultimately led to the suppression of the insurgency and the preservation of the Union.
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Secession and anarchy
Lincoln's suspension of the writ of habeas corpus, a principle dating back to the Magna Carta, was a controversial move. He authorised military officers to suspend the writ when they deemed it necessary for public safety, as in the case of John Merryman, a Maryland planter arrested on suspicion of involvement in an armed secessionist group. Lincoln's decision was challenged by Supreme Court Chief Justice Roger Taney, who argued that the Constitution vested Congress, not the President, with the power to suspend the writ during emergencies. This showdown highlighted differing interpretations of the Constitution's provisions.
Lincoln's stance on secession was also influenced by his views on slavery. While personally abhorring slavery, Lincoln felt constrained by his constitutional authority as President to challenge it directly. He understood that his presidential oath bound him to "preserve, protect, and defend the Constitution". Lincoln's gradual approach to emancipation, as seen in his preliminary draft of the Emancipation Proclamation, aimed to balance his personal beliefs with his constitutional obligations. He freed slaves in geographic areas engaged in rebellion, justifying it as "a fit and necessary military measure".
Lincoln's actions during the Civil War, including his response to secession and his suspension of habeas corpus, were guided by his interpretation of the Constitution and the need to preserve the nation. The subsequent creation of the Fourteenth Amendment provided further constitutional protection for citizens' privileges and immunities, ensuring that no state could abridge them. While Lincoln's decisions sparked debate, they reflected his commitment to navigating the nation through a tumultuous period while upholding the principles of the Constitution.
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The Emancipation Proclamation
Abraham Lincoln was the first president of the United States of America to be avowedly opposed to legalized slavery. Lincoln was elected on November 6, 1860, and during the time between his election and his inauguration on March 4, 1861, seven states of the American Union that legalized slavery announced their secession, forming the Confederate States of America.
Lincoln addressed a special session of Congress on July 4, 1861, to explain his reasons for acting against the Confederacy, stating that secession was unconstitutional. He also asserted the legitimate authority of the Union before and above the Constitution. Lincoln's address was abridged, and some claim that the cuts from the full text minimized slavery as the key issue at dispute between the Union and southern (secessionist) states.
In May 1861, Union General Benjamin Butler refused to return three slaves who had escaped to Union lines, declaring them to be "contraband of war". This decision was controversial as it could have been interpreted as recognition of the Confederacy as a separate, independent sovereign state under international law, which Lincoln denied.
In December 1863, Lincoln issued his Proclamation of Amnesty and Reconstruction, which outlined how the rebel states could reconcile with the Union. One of the key provisions required that the states accept the Emancipation Proclamation and thus the freedom of their slaves. Lincoln also staked a large part of his 1864 presidential campaign on a constitutional amendment to abolish slavery throughout the United States. By December 1864, Lincoln's plan had been enacted in the Confederate states of Louisiana, Arkansas, and Tennessee.
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Frequently asked questions
No, Lincoln's 1861 address did not abridge the constitution. In fact, he asserted the legitimate authority of the Union before and above the Constitution. He also declared that secession was unconstitutional and that the Union of the States was perpetual.
Lincoln's address emphasized that the key point of dispute between the North and the South was slavery. He argued that secession was an aggressive act of violence and that the attack on Fort Sumter forced a choice between disunion and war.
Lincoln's address set the stage for his subsequent actions to abolish slavery. In 1863, he proposed a plan for the Reconstruction of the Confederate State of Louisiana, requiring the state to accept the Emancipation Proclamation and abolish slavery. By the end of 1864, Lincoln's plan had been enacted in Louisiana, Arkansas, and Tennessee.
