To Edwin M. Stanton

September 29, 1862

It seems by the within that there is danger of the different religious denominations having some collision in their ministering among the colored people about Port-Royal, and perhaps else-where. I should think each church should minister according to it’s own rules, without interference by others differing from them; and if there still be difficulties about places of worship, a real christian charity, and forbearance on the part of all might obviate it. With these views, I submit the subject to the Secretary of War.

Sep. 29. 1862. A. LINCOLN

To Hannibal Hamlin

(Strictly private.)
Executive Mansion,
Washington, September 28, 1862.

My Dear Sir: Your kind letter of the 25th is just received. It is known to some that while I hope something from the proclamation, my expectations are not as sanguine as are those of some friends. The time for its effect southward has not come; but northward the effect should be instantaneous.

It is six days old, and while commendation in newspapers and by distinguished individuals is all that a vain man could wish, the stocks have declined, and troops come forward more slowly than ever. This, looked soberly in the face, is not very satisfactory. We have fewer troops in the field at the end of six days than we had at the beginning—the attrition among the old outnumbering the addition by the new. The North responds to the proclamation sufficiently in breath; but breath alone kills no rebels.

I wish I could write more cheerfully; nor do I thank you the less for the kindness of your letter. Yours very truly,

A. LINCOLN.

Record of Dismissal of John J. Key

September 26-27, 1862

We have reason to believe that the following is an exact copy of the record upon which Major John J. Key was dismissed from the military service of the United States.

Executive Mansion

Major John J. Key Washington, Sept. 26. 1862.

Sir: I am informed that in answer to the question “Why was not the rebel army bagged immediately after the battle near Sharpsburg?” propounded to you by Major Levi C. Turner, Judge Advocate &c. you answered “That is not the game” “The object is that neither army shall get much advantage of the other; that both shall be kept in the field till they are exhausted, when we will make a compromise and save slavery.”

I shall be very happy if you will, within twentyfour hours from the receipt of this, prove to me by Major Turner, that you did not, either litterally, or in substance, make the answer stated. Yours, A. LINCOLN

(Indorsed as follows)

“Copy delivered to Major Key at 10.25 A.M. September 27th. 1862.

JOHN HAY.”

At about 11 o’clock, A.M. Sept. 27. 1862. Major Key and Major Turner appear before me. Major Turner says: “As I remember it, the conversation was, I asked the question why we did not bag them after the battle at Sharpsburg? Major Key’s reply was that was not the game, that we should tire the rebels out, and ourselves, that that was the only way the Union could be preserved, we come together fraternally, and slavery be saved”

On cross-examination, Major Turner says he has frequently heard Major Key converse in regard to the present troubles, and never heard him utter a a [sic] sentiment unfavorable to the maintainance of the Union. He has never uttered anything which he Major T. would call disloyalty. The particular conversation detailed was a private one A. LINCOLN.

(Indorsed on the above)

In my view it is wholly inadmissable for any gentleman holding a military commission from the United States to utter such sentiments as Major Key is within proved to have done. Therefore let Major John J. Key be forthwith dismissed from the Military service of the United States. A LINCOLN.

The foregoing is the whole record, except the simple order of dismissal at the War Department. At the interview of Major Key and Major Turner with the President, Major Key did not attempt to controvert the statement of Major Turner; but simply insisted, and sought to prove, that he was true to the Union. The substance of the President’s reply was that if there was a “game” ever among Union men, to have our army not take an advantage of the enemy when it could, it was his object to break up that game.

To John Ross

John Ross                                Executive Mansion,
Principal Chief of the            Washington,
Cherokee Nation                    Sept. 25, 1862.

Sir: Your letter of the 16th. Inst. was received two days ago. In the multitude of cares claiming my constant attention I have been unable to examine and determine the exact treaty relations between the United States and the Cherokee Nation. Neither have I been able to investigate and determine the exact state of facts claimed by you as constituting a failure of treaty obligation on our part, excusing the Cherokee Nation for making a treaty with a portion of the people of the United States in open rebellion against the government thereof. This letter therefore, must not be understood to decide anything upon these questions. I shall, however, cause a careful investigation of them to be made. Meanwhile the Cherokee people remaining practically loyal to the federal Union will receive all the protection which can be given them consistently with the duty of the government to the whole country. I sincerely hope the Cherokee country may not again be over-run by the enemy; and I shall do all I consistently can to prevent it. Your Obt. Servt. A. LINCOLN.

Reply to Serenade in Honor of Emancipation Proclamation

September 24, 1862

FELLOW-CITIZENS: I appear before you to do little more than acknowledge the courtesy you pay me, and to thank you for it. I have not been distinctly informed why it is this occasion you appear to do me this honor, though I suppose [interruptions] it is because of the proclamation. [Cries of “Good,” and applause.] I was about to say, I suppose I understand it. [Laughter—Voices: “That you do,” “You thoroughly understand it.”] What I did, I did after very full deliberation, and under a very heavy and solemn sense of responsibility. [Cries of “Good,” “Good,” “Bless you,” and applause.]

I can only trust in God I have made no mistake. [Cries “No mistake—all right; you’ve made no mistakes yet. Go ahead, you’re right.”] I shall make no attempt on this occasion to sustain what I have done or said by any comment. [Voices—“That’s unnecessary; we understand it.”] It is now for the country and the world to pass judgment on it, and, may be, take action upon it. I will say no more upon this subject. In my position I am environed with difficulties. [A voice—“That’s so.”]

Yet they are scarcely so great as the difficulties of those who, upon the battle field, are endeavoring to purchase with their blood and their lives the future happiness and prosperity of this country. [Applause, long and continued.] Let us never forget them. On the 14th and 17th days of the present month there have been battles bravely, skillfully and successfully fought. [Applause.] We do not yet know the particulars. Let us be sure that in giving praise to particular individuals, we do no injustice to others. I only ask you, at the conclusion of these few remarks, to give three hearty cheers to all good and brave officers and men who fought those successful battles.

Proclamation Suspending the Writ of Habeas Corpus

September 24 1862

By the President of the United States of America:

A Proclamation.

Whereas, it has become necessary to call into service not only volunteers but also portions of the militia of the States by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection;

Now, therefore, be it ordered, first, that during the existing insurrection and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to Rebels against the authority of the United States, shall be subject to martial law and liable to trial and punishment by Courts Martial or Military Commission:

Second. That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority or by the sentence of any Court Martial or Military Commission.

In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.

[L.S.]

Done at the City of Washington this twenty fourth 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 87th.

By the President: ABRAHAM LINCOLN.

WILLIAM H. SEWARD, Secretary of State.

Preliminary Emancipation Proclamation

September 22, 1862

By the President of the

United States of America

A Proclamation.

I, Abraham Lincoln, President of the United States of America, and Commander-in-chief of the Army and Navy thereof, do hereby proclaim and declare that hereafter, as heretofore, the war will be prossecuted for the object of practically restoring the constitutional relation between the United States, and each of the states, and the people thereof, in which states that relation is, or may be suspended, or disturbed.

That it is my purpose, upon the next meeting of Congress to again recommend the adoption of a practical measure tendering pecuniary aid to the free acceptance or rejection of all slave-states, so called, the people whereof may not then be in rebellion against the United States, and which states, may then have voluntarily adopted, or thereafter may voluntarily adopt, immediate, or gradual abolishment of slavery within their respective limits; and that the effort to colonize persons of African descent, with their consent, upon this continent, or elsewhere, with the previously obtained consent of the Governments existing there, will be continued.

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 and maintain 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.

That the executive will, on the first day of January aforesaid, by proclamation, designate the States, and parts of states, if any, in which the people thereof respectively, shall then be in rebellion against the United States; and the fact that any state, or the people thereof shall, on that day be, in good faith represented in the Congress of the United States, by members chosen thereto, at elections wherein a majority of the qualified voters of such state shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such state and the people thereof, are not then in rebellion against the United States.

That attention is hereby called to an act of Congress entitled “An act to make an additional Article of War” approved March 13, 1862, and which act is in the words and figure following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the following shall be promulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such:

Article—. All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service.

SEC. 2. And be it further enacted, That this act shall take effect from and after its passage.

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 offence 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 pretence 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 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.

L.S.

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.