Meanwhile a new incident once more brought the question of military emancipation into sharp public discussion. On May 9, General David Hunter, commanding the Department of the South, which consisted mainly of some sixty or seventy miles of the South Carolina coast between North Edisto River and Warsaw Sound, embracing the famous Sea Island cotton region which fell into Union hands by the capture of Port Royal in 1861, issued a military order which declared:
“Slavery and martial law in a free country are altogether incompatible; the persons in these three States—Georgia, Florida, and South Carolina—heretofore held as slaves are therefore declared forever free.”
The news of this order, coming by the slow course of ocean mails, greatly surprised Mr. Lincoln, and his first comment upon it was positive and emphatic. “No commanding general shall do such a thing, upon my responsibility, without consulting me,” he wrote to Secretary Chase. Three days later, May 19, 1862, he published a proclamation declaring Hunter’s order entirely unauthorized and void, and adding:
“I further make known that whether it be competent for me, as commander-in-chief of the army and navy, to declare the slaves of any State or States free, and whether, at any time, in any case, it shall have become a necessity indispensable to the maintenance of the government to exercise such supposed power, are questions which, under my responsibility, I reserve to myself, and which I cannot feel justified in leaving to the decision of commanders in the field. These are totally different questions from those of police regulations in armies and camps.”
This distinct reservation of executive power, and equally plain announcement of the contingency which would justify its exercise, was coupled with a renewed recital of his plan and offer of compensated abolishment and reinforced by a powerful appeal to the public opinion of the border slave States.