Breaking Chains.

Today’s Marketing Cookie is dedicated to Juneteenth, honoring the significance of the Emancipation Proclamation, the creation and eventual ratification of the 13th Amendment, and the impactful steps taken to achieve freedom.

Lincoln used his wartime powers to issue the Emancipation Proclamation in a clever way. The Constitution wasn’t clear about these war powers, but Lincoln figured he could use them to confiscate the Confederacy’s slaves by calling them "property," just as slave owners did. This allowed him to find a legal loophole to act against the Confederacy, even though he didn’t personally agree with the idea of regarding any humans as “property.”

Here's where it gets even trickier. The law allowing the seizure of property in war was meant for use against enemy nations. Lincoln didn’t see the South as a separate nation and argued the rebellion was due to individuals, not states. He believed state laws should remain in force, but the southern state laws allowed slavery. This raised a crucial question: if he respected state laws, how could he legally free the slaves with his proclamation? It required a delicate and creative interpretation of the law to declare the slaves "then, thenceforward and forever free."

After the war, without an amendment abolishing slavery, everything Lincoln had accomplished could be reversed. With wartime powers no longer applicable and no way to sidestep court decisions, there was a real possibility that those freed could be ordered back into slavery. This highlighted the urgency of amending the Constitution and getting it ratified by every state.

In a meeting on September 22, 1862, Lincoln read the first draft of the Emancipation Proclamation to his cabinet. Convincing them would be his first challenge. They objected, bickered, and even accused him of being a dictator. However, Lincoln won them over with a mix of humor and heartfelt appeals to their moral duty. With their support secured, the real battle began.

Together, they gathered support and votes for the amendment through countless backroom meetings, intense negotiations, and personal appeals to sway enough votes in Congress to pass the 13th Amendment. They had to persuade, cajole, and offer political favors to secure the necessary support. The amendment passed in the House of Representatives by a narrow margin of just two votes. I believe that for Lincoln, today's fortune rings truer about him than perhaps any other, “Talent knows what to do; tact knows when and how to do it.”