Now, as twice before it was only upon minor points
that he asked their advice and suggestion, for which object he placed
these drafts in their hands for verbal and collateral criticism.
In addition to the central point of military emancipation in all the
States yet in rebellion, the President's draft for the first time
announced his intention to incorporate a portion of the newly liberated
slaves into the armies of the Union. This policy had also been under
discussion at the first consideration of the subject in July. Mr.
Lincoln had then already seriously considered it, but thought it
inexpedient and productive of more evil than good at that date. In his
judgment, the time had now arrived for energetically adopting it.
On the following day, December 31, the members brought back to the
cabinet meeting their several criticisms and suggestions on the draft he
had given them. Perhaps the most important one was that earnestly
pressed by Secretary Chase, that the new proclamation should make no
exceptions of fractional parts of States controlled by the Union armies,
as in Louisiana and Virginia, save the forty-eight counties of the
latter designated as West Virginia, then in process of formation and
admission as a new State; the constitutionality of which, on this same
December 31, was elaborately discussed in writing by the members of the
cabinet, and affirmatively decided by the President.
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