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.

On the afternoon of December 31, the cabinet meeting being over, Mr. Lincoln once more carefully rewrote the proclamation, embodying in it the suggestions which had been made as to mere verbal improvements; but he rigidly adhered to his own draft in retaining the exceptions as to fractional parts of States and the forty-eight counties of West Virginia; and also his announcement of intention to enlist the freedmen in military service.  Secretary Chase had submitted the form of a closing paragraph.  This the President also adopted, but added to it, after the words “warranted by the Constitution,” his own important qualifying correction, “upon military necessity.”

The full text of the weighty document will be found in a foot-note.[5]

  [Footnote 5: 

     BY THE PRESIDENT OF THE
     UNITED STATES OF AMERICA: 
        A PROCLAMATION.

Whereas on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit: 

“That on the first day of January in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward and forever free; and the executive government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

“That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof respectively shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong counter-vailing testimony,