Quincy senator influenced Emancipation Proclamation

Rarely does a local historically significant figure gain new recognition for a meaningful national role.
Lincoln scholarship keeps uncovering new meaning in a little-known exchange of letters that had a major impact. Research of communication between President Lincoln and Sen. Orville H. Browning of Quincy brings to light the weight and influence of their interactions before the Emancipation Proclamation was issued.
Lincoln’s path to the Emancipation Proclamation, in part, had its beginning in an unsuccessful attempt to free slaves in Missouri when Gen. John Fremont issued a proclamation of emancipation on Aug. 30, 1861. Lincoln revoked the declaration.
What followed was a three-letter exchange in September 1861 between Browning and the president. The result of this discourse was the legal rationale that Lincoln took in issuing the proclamation.
The first of the three letters was written on Sept. 17, 1861, by Browning. He wrote in disagreement with the president about the rejection of Fremont’s proclamation.
Lincoln responded with an often-cited letter of Sept. 22 stating, “[Your letter] astonishes me….
The proclamation is purely political… [it] is simply dictatorship….” The letter focuses on the technical issues of property law raised by a military emancipation proclamation. While this
letter has been seen as Lincoln chiding Browning, another interpretation has been offered by historian Burrus M. Carnahan in “Act of Justice.” Carnahan states that Lincoln’s letter “was sent to goad Browning” into setting out the legal grounds in favor of the constitutionality of an emancipation proclamation. Browning’s support was needed by the president, who trusted Browning’s expansive legal knowledge. The letter stimulated that response from Browning, a man who traditionally had drafted constitutional and political resolutions.
Even the most admired Lincoln scholars ignored the impact of the lengthy letter Browning wrote to Lincoln on Sept. 30 that provided the critical analysis Lincoln needed in legal support of presidential power. Browning’s 15-page justification cited historical international laws of war and set out in detail
the powers of the president in time of war. While there were other politicians such as Sen. Charles Sumner who supported emancipation, no one had laid out the reasoning that was needed to get the conservative politicians to support what Lincoln needed.
A conservative himself, Browning referred to precedent- setting intellectual reasoning and, in part, wrote: “The rebel states … are no longer entitled to invoke the protection of the Constitution and laws which they have repudiated, and are endeavoring to destroy. All their property … is subject by the law of nations, to be taken, and confiscated and disposed of absolutely and forever by the belligerent power.”
Browning reasoned that Fremont’s proclamation was fully warranted by the laws of war.
The language in the Sept. 30 letter and portions of the Laws of War are almost verbatim. John
Fabian Witt, author of “Lincoln’s Code,” wrote, “By the summer and fall of 1862 Lincoln had come around to the view Browning had urged on him . . .” and “would write into the code on the law and usages of war.” In December Francis Lieber, a Columbia University professor, was commissioned to draft a Code of the Laws of War.
This code, with the rationales in Browning’s validation, became the foundation for the Emancipation Proclamation. “I, Abraham Lincoln, President of the United States, by virtue of the power vested in me as commander-in-chief … and as a fit and necessary war measure for suppressing rebellion … I do order and declare that all persons held as slaves … are and henceforward shall be free.”
Exactly 10 months after Lincoln wrote the letter of Sept. 22, 1861, and in direct opposition to that letter and his first inaugural address, he informed his Cabinet on July 22, 1862, that based on the powers of the president he had decided to issue an emancipation proclamation. Two months later on Sept. 22, Lincoln issued a preliminary Emancipation Proclamation.
The three letters make it apparent that Browning influenced Lincoln’s decision. This is attested to by a letter Lincoln wrote to James Conkling in Springfield in August 1863, using exact wording from Browning’s letter of Sept. 30. Carnahan used textual analysis to reach
this conclusion.
Behind the scenes communication between Browning and the president more than suggests that Browning changed the president’s mind.
Lincoln’s timing in announcing
the preliminary
Emancipation Proclamation was something Browning did not understand, however. With an important election in November, there was no doubt the decision would influence the outcome.
While Browning’s appointed term as a senator expired (he was replaced by a Democrat, William Richardson of Quincy), the states of Illinois, Indiana and Ohio all went Democrat.
On Nov. 29, 1862, Browning visited the White House, as he did so often. In his diary entry he wrote: “He (the president) was apparently very glad to see me, and received me with much cordiality. We had a long familiar talk.
When speaking of the result of the recent elections I told him that his proclamation
was disastrous to
us.”
And it was. Defending criticisms of Lincoln after the loss at the Republican senatorial caucus held Dec. 16, 1862, Browning remarked in his diary, “I said I knew there was no
more honest, upright, conscientious man than the President, and that I knew him to be in favour of the most vigorous prosecution of the war ....”
Despite the results of the election and Browning’s disappointment regarding the timing of its announcement in that it also cost Browning his senatorial seat, Lincoln and Browning remained close personal friends. On Jan. 1, he attended a reception at the White House and paid his respects to the president and afterward went on a buggy ride with Mrs. Lincoln. In the following months Browning visited frequently.
Browning, who had been one of the first to urge an emancipation proclamation in late April 1861, was a prime architect who helped shape the radical document, the Emancipation Proclamation, which ended slavery and helped remake the modern laws of war, still in force. Until recently, historians have missed the involvement of Orville H. Browning.
Iris Nelson is reference librarian and archivist at the Quincy Public Library, a civic volunteer, and member of the LincolnDouglas Debate Interpretive Center Advisory Board and other historical organizations. She is a local historian and author.





