souri
Compromise, its extension and application to all Territories, and as a
logical result the rejection and condemnation of the Dred Scott
decision and the subversive property theory of the secessionists.[31]
Then followed the Confiscation Act, the discussion of which was
closely followed by Lincoln, who had his views incorporated therein by
pointing out its defects and suggesting amendments. Whereas the act of
August 6, 1861, freed slaves actually employed in military service,
the new Confiscation Act of 1862 proved to be a law to destroy slavery
under the powers of war. In conjunction with provisions for punishing
treason or rebellion it declared free all slaves of persons guilty and
convicted of these crimes, and provided that slaves deserted by rebels
escaping from them or coming under control of the United States and
slaves of rebels found on Union soil should be deemed captives and set
free. Then again, there were enacted other provisions, which by
implication permitted the employment of slaves in the United States
army that they might work their own enfranchisement. Under this law
the President was empowered to enroll and employ contrabands in such
service as they were fitted for. Their mothers, wives, and children,
if owned by rebels, should be declared free by virtue of such service.
The eleventh section of the Confiscation Act authorized the President
to employ as many Negroes as he might deem necessary for the
suppression of the rebellion. The organization of the earliest Negro
regiments resulted from this legislation.
Lincoln had some hesitation about signing this bill, however, for it
had to be changed to conform to his views. But he signed it and also
an anticipatory resolution of Congress to remedy its defects, placing
himself on record by transmitting with his approval a copy of his
intended veto, had certain defects remained. Mr. Lincoln objected to
the expression that Congress could free a slave within a State,
whereupon he suggested that it be changed to read that the ownership
of the slave would be transferred to the nation, and that Congress
would then liberate him.[32] The Democrats opposed this act, but
antislavery opinion gained momentum by increasing accessions to the
ranks of freedom and by that unusual ability of the highly talented
patriotic membership of Congress. Yet to the proslavery element and
the conservative Unionists, Lincoln's proposal of gradual compensated
emancipation was a
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