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Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit: 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.

The President's Proclamation is in direct contradiction of the legal positivism reigning in the legal profession, a positivism held no less tenaciously by conservatives than liberals, a positivism that denies all constitutional status to the principles of the Declaration of Independence. The contrast between the President's Proclamation and this positivism reveals a profound alienation from the principles of the American Founding among our nation's intellectual elites.

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The President's proclamation is a mighty blow against the legal positivism that infects our legal establishment, and the moral relativism that pervades our society. But this can only be the beginning of a far greater struggle than that against the physical danger of terrorism. It means taking up once again the burden Lincoln bore, in reasserting the truth of the Declaration, against the "positive good" theory of slavery, and against the still more deadly theory that majorities, and not the difference between right and wrong, should decide the future of slavery.

The President's proclamation is intended to give heart to, and rightly does give heart to, the Right to Life movement. It does so by identifying the right to life of the unborn with the first of the rights mentioned in the Declaration. It does so as the free soil movement and the Republican party, in the antebellum United States, had identified the right to liberty in the Declaration as the principled ground of its opposition to slavery. Then it was understood that the principle of equal rights for all in the Declaration of Independence was, as Lincoln said it was, "the apple of gold in the picture of silver" that gave life and meaning to the Constitution. Then it was understood that the original intent of those who framed and those who ratified the Constitution was to "secure these rights," the rights that defined the moral order which the legal order was to implement.

Abraham Lincoln has issued a Proclamation. He has emancipated all the slaves of the rebel States with his pen, but that is all. To set them really and thoroughly free, we will have to use some other instrument than the pen. The slave is not emancipated; he is not free.

Now be it known, That I John Adams, President of the United States of America, having seen and considered the said Treaty do, by and with the advice and consent of the Senate, accept, ratify, and confirm the same, and every clause and article thereof. And to the End that the said Treaty may be observed, and performed with good Faith on the part of the United States, I have ordered the premises to be made public; And I do hereby enjoin and require all persons bearing office civil or military within the United States, and all other citizens or inhabitants thereof, faithfully to observe and fulfill the said Treaty and every clause and article thereof.

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The Emancipation Proclamation had four enduring results. First, it gave force to the executive power to change conditions in the national interest on a broad and far-reaching scale. Second, it dealt a devastating blow to the system of slaveholding and an economy built upon it, which had been muscular enough to engage in warfare on the Federal government. Third, it enabled the Negro to play a significant role in his own liberation with the ability to organize and to struggle, with less of the bestial retaliation his slave status had permitted to his masters. Fourth, it resurrected and restated the principle of equality upon which the founding of the nation rested.

The destiny of America was proclaimed in words of prophecy spoken by our first President in his first inaugural in 1789 — words almost directed, it would seem, to this year of 1941: "The preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered … deeply,... finally, staked on the experiment intrusted to the hands of the American people."

I, Abraham Lincoln, President of the United States, do proclaim, declare, and make known to all persons who have, directly or by implication, participated in the existing rebellion, except as hereinafter excepted, that a full pardon is hereby granted to them and each of them, with restoration of all rights of property, except as to slaves, and in property cases where rights of third parties shall have intervened, and upon the condition that every such person shall take and subscribe an oath, and thenceforward keep and maintain said oath inviolate; and which oath shall be registered for permanent preservation, and shall be of the tenor and effect following, to wit:

“I, as the President, upon the Holy Quran and in the presence of the Iranian nation, do hereby swear in the name of Almighty God to safeguard the official Faith, the system of the Islamic Republic and the Constitution of the country; to use all my talents and abilities in the discharge of responsibilities undertaken by me; to devote myself to the service of the people, glory of the country, promotion of religion and morality, support of right and propagation of justice; to refrain from being autocratic; to protect the freedom and dignity of individuals and the rights of the nation recognized by the Constitution; to spare no efforts in safeguarding the frontiers and the political, economic and cultural freedoms of the country; to guard the power entrusted to me by the nation as a sacred trust like an honest and faithful trustee, by seeking help from God and following the example of the Prophet of Islam and the sacred Imams, peace be upon them, and to entrust it to the one elected by the nation after me."

In assuming the position of President of this Republic on this important day, I need your support, your prayers and blessings to effectively fulfil the Presidential Oath that I have just taken. I once again pledge to play my part and to do my outmost best to address the needs of the people of this nation and to work with you to realise both our dreams and our vision as a nation.

[A]sk the slaves themselves how they were freed, and they will say, “Lincoln’s proclamation.” The testimony of freed people before the joint committee on reconstruction—about how they became free is uniform. They were well aware that the Fugitive Slave Laws and Constitutional provisions for the rendition of slaves were still in force. The position of runaways remained perilous. The Emancipation Proclamation resolved that.

the Emancipation Proclamation is often a widely misunderstood document. So, it did not, sort of wholesale, free the enslaved people throughout the Union. It did not free enslaved people in the Union. In fact, there were several border states that were part of the Union that continued to keep their enslaved laborers, states like Kentucky, states like Delaware, states like Missouri. And what it did was it was a military edict that was attempting to free enslaved people in Confederate territory. But the only way that that edict would be enforced is if Union soldiers went and took that territory.

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