The Emancipation Proclamation: Preliminary and Final, contained in General Orders of the War Department

Washington, D.C.: War Department, 1863. full morocco. Very Good. FIRST OBTAINABLE PRINTINGS OF BOTH THE PRELIMINARY EMANCIPATION PROCLAMATION (September 24, 1862) and THE FINAL EMANCIPATION PROCLAMATION (January 2, 1863). Issued by the War Department to regimental commanders in the field during the Civil War. Contained is a set of three volumes of General Orders covering the full years 1862 and 1863. History of the Emancipation Proclamation:

“The proclamation has been called by responsible persons one of the three great
documents of world history, ranking with Magna Carta and the Declaration of
Independence” – Eberstadt

(truncated) “From the first days of the Civil War, slaves had acted to secure their own liberty. The Emancipation Proclamation confirmed their insistence that the war for the Union must become a war for freedom. It added moral force to the Union cause and strengthened the Union both militarily and politically. As a milestone along the road to slavery’s final destruction, the Emancipation Proclamation has assumed a place among the great documents of human freedom” – National Archives

Following the Seven Days Battle and General McClellan’s retreat from the Peninsula, at the end of June 1862, President Lincoln realized that there would be no early end to the war, and found himself “as inconsolable as it was possible for a human to be and yet live.” Anxious for news from the army and needing to escape the constant interruptions at the White House, he frequently visited the telegraph office in the War Department building to await dispatches. It was during one such visit early in July that he asked the chief of the telegraph staff, Major Thomas Thompson Eckert, for some paper to “write something special,” and began the first draft of the Emancipation Proclamation, completing it in a few weeks. Lincoln had long hoped to resolve the slavery issue through a congressional act of emancipation compensating slave owners for their loss of “property,” but that approach was roundly rejected by representatives from the border states, leaving the President, who had decided upon the necessity of emancipation, with a presidential proclamation as the only option. The extraordinary document he conceived would announce the liberation on January 1, 1863 of all slaves in those states still in rebellion against the Union, and promised compensation to slave owners in those states that returned to the fold before that time if they adopted “immediate or gradual abolishment of slavery.” This proclamation would be followed by a final proclamation issued on the 1st of January, identifying those states still in rebellion and confirming the liberation of all slaves therein.

On Tuesday, July 22, Lincoln presented his draft to the Cabinet, telling them that he had resolved firmly upon the course of action it specified, and asking them not for advice but suggestions. The only observation he had not anticipated came from Secretary of State Seward, who proposed that it might be best to wait for a military victory before issuing the Proclamation, as it could otherwise seem like “the last measure of an exhausted government.” Immediately recognizing the wisdom of the suggestion, Lincoln held back. On September 17, after an anxious wait of nearly two months, he received the victory he needed at the bloody Battle of Antietam. Completing his final draft, Lincoln presented it to his cabinet for refinement on September 22. Following the meeting, Seward took the amended draft with him to the State Department, where a formal, manuscript copy was made, then signed by Lincoln and Seward. The formal, official “Emancipation Proclamation” was, of course, issued on January 1, 1863, the day it became the law of the land.

This collection contains both the Preliminary and Final Versions.

Printing History for the Preliminary Emancipation:

This printing, in the War Department’s official “General Orders”, is the fourth printing overall, but realistically, the first obtainable printing. It is preceded by:

-The first printing (Eberstadt #1), a small three-page circular intended for distribution within the government and to the local press, likely printed on September 22. At the time that Charles Eberstadt published his study of the Proclamation (1950), he was able to locate only one copy, which he himself owned, and as nearly as we have been able to determine, no other copies have come to light since then.

-The second printing (Eberstadt #2) may be a phantom printing. Charles Eberstadt was not able to locate a copy but he inferred its existence from the standard State Department practice of printing a folio edition consisting solely of the text of the proclamation, followed by another printing consisting of the text of a letter of transmittal from the Secretary of State as well as the text of the proclamation. While there may be a copy of Eberstadt #2 in the National Archives, as he speculated, it is not recorded in their online catalogue, nor have we been able to find a copy in any other online catalogue, including OCLC, the Library of Congress, and the Abraham Lincoln Library.

-Eberstadt’s third printing (Eberstadt 3) is of legendary rarity. It consists of Secretary of State Seward’s one-page letter of transmittal addressed “To the Diplomatic and Consular Officers of the United States in foreign countries,” and the text of the proclamation. Eberstadt located a total of only five copies in institutions, at the Library of Congress, the National Archives, Yale, the Clements Library, and Brown. OCLC does not record any additional copies, nor is it recorded in Monaghan. There has been one copy at auction ($400,000 in 2021) and that was described as the only copy in private hands.

-The present copy (Eberstadt 4) is Eberstadt’s fourth printing of the Preliminary Emancipation Proclamation, dated in print on September 24. Eberstadt surmises that this field order printing could have been accomplished as late as September 29 or 30. Although it may have been printed in as many as 15,000 copies, it is very rare in commerce, likely due to the ephemeral nature of the printing and distribution.

Printing History for the Official, Final Proclamation:

–The first printing (Eberstadt 8) was a small-format issue, "printed in haste to serve the urgent need for a few copies until the resplendent, official folio edition could be prepared". Known in only a single copy.

–The second printing (Eberstadt 9) was a broadside "extra" issued by the Illinois State Journal, Springfield, 2 January 1863. Known in only one copy, at the Lincoln Presidential Library in Springfield.

–The third printing (Eberstadt 10) was the earliest State Department folio printing, with only an estimated ten copies extant (including institutional holdings).

–The fourth printing (Eberstadt 11) was printed as "a circular printed for dissemination to the foreign service posts of the Department of State” and Eberstadt only located four extant copies.

–The present copy (General Order No. 1, 1863, Eberstadt 12); with distribution similar to the “Preliminary Emancipation” in the General Orders.

Additional General Orders:

The three volumes include all the General Orders for 1862 and 1863. (Order #20, 1862, is included in the form of a contemporary manuscript.) The collection is full of important General Orders from this critical period. A few worth highlighting include:

–No. 141, September 25, 1862. The suspension of the writ of Habeas Corpus and the enacting of martial law for “disloyal action”.

– No. 143, May 22, 1863. This order established the United States Colored Troops (USCT).
It authorized the systematic enlistment of African American soldiers, a crucial step in the Union's war effort and a significant development in the fight for racial equality.

– General Orders No. 100 (The Lieber Code). Issued on April 24, 1863, by President Abraham Lincoln, this order, also known as the Lieber Code, was a landmark document codifying the laws of war. It established rules for the conduct of military operations, including the treatment of civilians, prisoners of war, and the protection of private property.

Provenance:

Captain John Horne Young, with his name stamped on covers and a few pencil signatures of Young or a family member within. Also with faint pencil gift inscription to him from William A. Webb [?] on front free endpapers. Captain Young of the 15th U.S. Infantry was commended for meritorious service at the Battle of Chickamauga, Georgia. He died in 1868.

Washington, D.C.: War Department, Adjutant General’s Office, 1862-63. Three volumes. Small octavo, contemporary full brown morocco with gilt-stamping. 1862 volume rebacked to style. Custom boxes. Light rubbing and wear to bindings, 1862 volume with attractive contemporary ink annotations, some with signatures of Asst. Adjutant General E.D. Townsend. With several manuscript “Circulars” at the end of 1863 vol. Evidence of labels removed on front pastedowns. Text clean. Overall, in outstanding condition. RARE, PARTICULARLY WITH BOTH FORMS OF THE EMANCIPATION.

References:


Charles Eberstadt. “Lincoln’s Emancipation Proclamation.” (New York: 1950). (Inventory #: 2924)