History of Emancipation During the Civil War

Missouri, being a divided state, had two governments during the Civil War. Contrary to popular belief, even the loyal Union government of Missouri was staunchly pro-slavery. The appointed provisional Governor, Hamilton Gamble, declared on 3 August, 1861, "No countenance will be afforded to any scheme or to any conduct calculated in any degree to interfere with the institution of slaver existing in the State. To the very utmost extent of Executive power, that institution will be protected." Due to intense warfare and to the panic generated by Confederate victories in the State, Gen. John C. Fremont issued a proclamation for state-wide martial law. On Aug. 31, 1861. Fremont stated, "The property, real and personal, of all persons in the State of Missouri who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their enemies in the field, is declared to be confiscated to the public use, and their slaves, if any they have, are hereby declared freemen." Two hundred copies of the proclamation containing this emancipation clause were distributed to Federal military commanders in the Western Department. 

Although the emancipation clause of the proclamation appears quite reasonable today, it stirred quite a lot of controversy in 1861 and Lincoln wrote Fremont suggesting he voluntarily modify it. But Fremont saw nothing wrong with it. Fremont's refusal to personally withdraw the proclamation led to Lincoln ordering: "...The particular clause, however, in relation to the confiscation of property and the liberation of slaves appeared to me to be objectionable in its non-conformity to the act of Congress...It is therefore ordered that the said clause of said proclamation be so modified, held, and construed as to conform to ..the act of Congress entitled "An act to confiscate property used for insurrectionary purposes, approved August 6, 1861 " (correspondence to Fremont, dated 11 Sept, 1861.) It was soon afterwards that Lincoln relieved Gen. Fremont of command, partially for being defiant on this issue.

The Confiscation Act Lincoln referred to is the 1st Confiscation Act, Aug 6, 1861. It merely provided for the confiscation of slaves, if the slaves themselves were being actively employed in the act of insurrection, aiding or promoting insurrection. Slaves confiscated on these terms became the property of the United States Government. There was no clause in declaring them Freemen so it was not an emancipation proclamation.

It was not until July 17, 1862 that Congress approved the 2nd Confiscation Act. This act freed slaves owned by disloyal citizens, regardless if they were using the slaves in the Confederate war effort or peacefully on the family farm. This was essentially the same as Fremont's emancipation proclamation, issued a year before. It granted slaves freedom and so it became the first legal emancipation proclamation, although limited to proven disloyal persons. It also "authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare."

At the same time Congress passed the Militia Act, allowing persons of African descent to be employed by the U.S. Government "for the purpose of constructing intrenchments, or performing camp service or any other labor, or any military or naval service for which they may be found competent..." These members of the militia would also rations the same as soldiers and "receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing." This was also the first official use of black soldiers in the U.S. military.

On September 22, 1862 President Lincoln issues a warning to the Southern States that a general Emancipation Proclamation will go into effect Jan 1, 1863 for any state or designated part of a state still in rebellion against the United States. It is important to note that this does not include the State of Missouri for which the Union Army had already installed a loyal Union Government, under Gov. Hamilton Gamble. Essentially Missouri had rebels within its borders but she was not a state in rebellion.

More significantly to Missouri the Emancipation Proclamation, drafted on Sept 22, 1862 contained an article that made a change in the enforcement of the Fugitive Slave Act, "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." State militia and civil slave patrols continued to pursue fugitive slaves but no longer the U.S. military.

On January 1, 1863 the Emancipation Proclamation went into effect. The following states or portions of states were excluded: Tennessee, southern Louisiana (New Orleans vicinity), West Virginia. The border slave states Delaware, Kentucky, Maryland, and Missouri were also not included, although Federal troops would no longer be returning fugitive slaves.

The Emancipation Proclamation contrary to popular myth did free some slaves immediately. These were in areas occupied by Federal troops but were still declared in rebellion. Immediately freed slaves included those in Union held areas of Arkansas and the coastal islands of South Carolina. Newly freed Arkansas slaves started arriving in St. Louis on steamboats as early as March of 1863.

In Spring of 1863, widespread recruitment of the U.S. Colored Troops had begun.

As early as Spring 1864, many Missouri planters began offering wages or the share-crop option to their slaves as an incentive for them to remain tending the crops. This had a noticeable impact as 1864 brought a drastic reduction in Colored Troop recruitment.

Slavery collapsed in Missouri by the influx of slave refugees and the enlistment of U.S. Colored Troops. By the time slavery was officially abolished in the State (Jan. 11, 1865), most Missouri slaves had freed themselves either by running away, becoming employed instead of enslaved, or by joining the Army.

Missouri Governor Thomas C. Fletcher announced "henceforth and forever, no person within the jurisdiction of this state shall....known any master but God." In St. Louis, jubilant crowds of blacks and whites jointly singing, waving U.S. flags in celebration.

In 1889 the last known Missouri slave, Edie Hickam, was finally told she was free. Her owner, Joseph Hickam kept her in ignorance of her freedom for twenty-four years. In 1889 she filed suit for $5 a month ($1,400). She won her case but was awarded only $700 in a court in Booneville, Mo.