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Sunday, July 16, 2023

Abraham Lincoln and slavery

From Wikipedia, the free encyclopedia

Abraham Lincoln's position on slavery in the United States is one of the most discussed aspects of his life. Lincoln frequently expressed his moral opposition to slavery in public and private. "I am naturally anti-slavery. If slavery is not wrong, nothing is wrong," he stated. "I can not remember when I did not so think, and feel." However, the question of what to do about it and how to end it, given that it was so firmly embedded in the nation's constitutional framework and in the economy of much of the country, was complex and politically challenging. In addition, there was the unanswered question, which Lincoln had to deal with, of what would become of the four million slaves if liberated: how they would earn a living in a society that had almost always rejected them or looked down on their very presence.

Evolution of his views

As early as the 1850s, Lincoln was attacked as an abolitionist. But in 1860, he was attacked as not abolitionist enough: Wendell Phillips charged that, if elected, Lincoln would waste four years trying to decide whether to end slavery in the District of Columbia. Many abolitionists emphasized the sinfulness of slave owners, but Lincoln did not. Lincoln tended not to be judgmental. In his 1854 Peoria, Illinois, speech, he said, "I have no prejudice against the Southern people. They are just what we would be in their situation. If slavery did not now exist amongst them, they would not introduce it. If it did now exist amongst us, we should not instantly give it up." In 1865, in his second inaugural address, he said, "It may seem strange that any men should dare to ask a just God's assistance in wringing their bread from the sweat of other men's faces; but let us judge not that we be not judged," and he urged "malice toward none" and "charity for all." Nonetheless, Lincoln suggested, God had judged the nation — "both North and South" — for the "offence" of slavery.

Lincoln focused on what he saw as a more politically practical goal: preventing the expansion of slavery into the new Western territories, which, if it occurred, could lead to new slave states, and if it were prevented would eventually lead to slavery's demise. He supported excluding slavery from territories with the failed Wilmot Proviso in the 1840s. His 1850s activism was in reaction to the 1854 Kansas–Nebraska Act, designed by his great rival, Illinois Senator Stephen A. Douglas. The Act was a radical departure from the previous law of the Missouri Compromise of 1820, which had banned slavery from all new states north of the 36°30′ parallel (except for Missouri). Lincoln suggested that if slavery were allowed to spread it would block free labor from settling in the new states and, as a result, the entire nation would soon become ever more dominated by slave owners.

When Lincoln became president, the departure of the Southern members of Congress at the beginning of the Civil War made it finally possible to abolish slavery in the District of Columbia. The District of Columbia Compensated Emancipation Act of 1862 provided partial compensation to slave owners, paid out of federal funds. Lincoln hoped to persuade the border states of Maryland, Delaware, Kentucky, and Missouri to do likewise, because that would eliminate their incentive to secede from the Union to join the Confederacy. Their secession might result both in the North losing the Civil War and in the continued existence of slavery.

On September 22, 1862, having waited until the North won a significant victory in the battle at Antietam, Lincoln used the power granted to the president under Article II, section 2, of the U.S. Constitution as "Commander in Chief of the Army and Navy" to issue the preliminary Emancipation Proclamation. It provided that, on January 1, 1863, in the states still in rebellion, the enslaved people would be freed. On January 1, 1863, as promised, he issued the final Emancipation Proclamation, which declared "that all persons held as slaves" in "States and parts of States ... in rebellion against the United States" on that day "are, and henceforward shall be free." The proclamation immediately freed on paper millions of the enslaved, but it had little practical effect until the Union Army was present. Week by week, as the army advanced, more slaves were liberated. The last were freed in Texas on "Juneteenth" (June 19, 1865), which became a federal holiday on June 17, 2021.

Although Lincoln stated in the Emancipation Proclamation that he "sincerely believed [it] to be an act of justice," he issued it as a "military necessity," because he believed that the U.S. Constitution would not permit it on any other basis. The Emancipation Proclamation was a war tactic, because by freeing enslaved people it deprived the South of labor, and it allowed African American people to "be received into the armed service of the United States." Lincoln worried about the consequences of his action, fearing an endemic racial divide in the nation. Nonetheless, during his second presidential campaign, he ran on a platform to forever abolish slavery by constitutional amendment.

According to Michael Lind, Lincoln was for most of his life a moderate Northern mainstream white supremacist and proponent of black colonization abroad in Panama, Haiti, and Liberia. An ardent follower of Henry Clay, he envisioned an all-white United States without slavery. Leading Lincoln scholars, however, do not see Lincoln as a white supremacist and view his support for voluntary colonization as intended at least in part to make emancipation more palatable to racist white people. Until late in his life, Lincoln wanted human rights — the rights listed in the Declaration of Independence (life, liberty, and the pursuit of happiness) and the natural right to eat the bread they earn with their own hands — for black people, but civil rights, such as the vote, "only on their own soil", that is in their own lands abroad, to which they moved pursuant to voluntary colonization. Nonetheless, in 1864, writing to the governor of Louisiana, and in 1865, in his last public speech, which led directly to his assassination, Lincoln supported voting rights in the United States for some African Americans. He was the first U.S. President to do so.

Early years

Lincoln was born on February 12, 1809, in Hardin County, Kentucky. His family attended a Separate Baptists church, which had strict moral standards and opposed alcohol, dancing, and slavery. The family moved north across the Ohio River to Indiana, where slavery was not allowed, and made a new start in then Perry, now Spencer County, Indiana. Lincoln later noted that this move was "partly on account of slavery" but mainly due to land title difficulties.

As a young man, he moved west to the free state of Illinois. On January 27, 1838, he delivered his Lyceum address to the Young Men's Lyceum of Springfield, Illinois, and in the address he spoke about slavery. Seven weeks earlier, a mob in Alton, Illinois, across the river from St. Louis, Missouri, had killed Elijah Lovejoy, a Presbyterian minister and editor of a newspaper with strong anti-slavery views. "The mood of Illinois when an angry mob killed Lovejoy was pro-slavery, but not only in Illinois. The state legislatures of Connecticut and New York in the mid-1830s passed resolutions stating that slavery was accepted in the U.S. Constitution and that no state had a right to interfere." Lincoln himself had been one of only six in the Illinois House of Representatives to vote against a resolution saying "That we highly disapprove of the formation of abolition societies ... That the right of property in slaves, is sacred ... That the General Government cannot abolish slavery in the District of Columbia, against the consent of the citizens of said District...." "Six weeks later, he and Representative Dan Stone filed a protest to the passage of the resolution—a rarely used device to register strong disagreement".

In 1842, Lincoln married Mary Todd in Springfield, Illinois. She was the daughter of a slaveholder in Kentucky, but she never owned slaves herself and came to oppose slavery as an adult.

1840s–1850s

Legal and political

Lincoln, the leader most associated with the end of slavery in the United States, came to national prominence in the 1850s, following the advent of the Republican Party, whose official position was that freedom was "national," the natural condition of all areas under the direct sovereignty of the Constitution, whereas slavery was "exceptional" and local. Earlier, as a member of the Whig Party in the Illinois General Assembly, Lincoln issued a written protest of the Assembly's passage of a resolution stating that slavery should not be abolished in the District of Columbia. In 1841, he won a court case (Bailey v. Cromwell), representing a black woman, Nance Legins-Costley, and her children who claimed she had already been freed and could not be sold as a slave.

One of the earliest examples of Lincoln's written views on slavery comes from an 1845 letter Lincoln wrote to his friend Williamson Durley, concerning the annexation of Texas. In it, Lincoln said he took no position on annexation, but he added, "It is possibly true, to some extent, that with annexation, some slaves may be sent to Texas and continued in slavery, that otherwise might have been liberated. To whatever extent this may be true, I think annexation an evil." He then explained, "I hold it to be a paramount duty of us in the free states, due to the Union of the states, and perhaps to liberty itself (paradox though it may seem) to let the slavery of the other states alone; while, on the other hand, I hold it to be equally clear, that we should never knowingly lend ourselves directly or indirectly, to prevent that slavery from dying a natural death—to find new places for it to live in, when it can no longer exist in the old." This view, that slavery would be most efficiently curtailed by preventing its expansion rather than by directing abolishing it, would be consistent for Lincoln throughout his political career leading up to his election as president in 1860.

In 1845, he successfully defended Marvin Pond (People v. Pond) for harboring the fugitive slave John Hauley. In 1847, he lost a case (Matson v. Ashmore et al. for the use of Bryant) representing a slave owner (Robert Matson) seeking to recover fugitive slaves. Michael Burlingame writes, "Lincoln's agreement to represent Matson has been called ... the 'most profound mystery ever to confound Lincoln specialists'...." Burlingame speculates that, "despite his antislavery convictions, Lincoln accepted the Matson case in keeping with what became known in England as the 'cab-rank' rule—stipulating that lawyers must accept the first client who hails them—and with the prevailing Whig view that lawyers should try to settle disputes in an orderly fashion through the courts, trusting in the law and the judges to assure that justice was done."

While a congressman from Illinois in 1846 to 1848, Lincoln supported the Wilmot Proviso, which, if it had been adopted, would have banned slavery in any U.S. territory won from Mexico. Lincoln, in collaboration with abolitionist Congressman Joshua R. Giddings, wrote a bill to abolish slavery in the District of Columbia with compensation for the owners, enforcement to capture fugitive slaves, and a popular vote on the matter. (Slavery in the District of Columbia was not ended until 1862, when Lincoln was president and there were no Southern senators.)

After leaving Congress in 1849 Lincoln largely ignored politics to concentrate on his law practice. He was drawn back by the firestorm over the Kansas–Nebraska Act of 1854, which reversed the longstanding Missouri Compromise and allowed territories to decide for themselves whether they would allow slavery. Lincoln was morally opposed to slavery and politically opposed to any expansion of it. At issue was its extension into the western territories. On October 16, 1854, in his Peoria speech, Lincoln declared his opposition to slavery, which he repeated as he sought the presidency. Speaking in his Kentucky accent, with a very powerful voice, he said that the Kansas-Nebraska Act's "declared indifference, but as I must think, covert real zeal for the spread of slavery, I can not but hate. I hate it because of the monstrous injustice of slavery itself. I hate it because it deprives our republican example of its just influence in the world."

In 1857, the United States Supreme Court decision in Dred Scott v. Sandford appalled Lincoln. Supreme Court Chief Justice Roger B. Taney in the decision wrote that blacks were not citizens and derived no rights from the Constitution. While its author hoped that Dred Scott would end all disputes over slavery in the favour of southern slaveholders, the decision sparked further outrage in the North. Lincoln denounced it as the product of a conspiracy to support the Slave Power and believed that the Dred Scott decision, in combination with the Kansas–Nebraska Act, could potentially enable slavery to spread into the free states. He argued the decision was at variance with the Declaration of Independence; he said that while the founding fathers did not believe all men equal in every respect, they believed all men were equal "in certain inalienable rights, among which are life, liberty, and the pursuit of happiness."

Impressed by the strength of anti-black racism, especially in his home states of Indiana, Illinois, and Kentucky, Lincoln concluded that, because whites would never allow blacks to live in America as equals, they would be better off migrating voluntarily to a colony outside the United States, ideally in Central America or the Caribbean. He had little faith in the program of the American Colonization Society, whose goal was to colonize American blacks in Liberia, on the West African coast. In a speech at Peoria, Illinois (transcribed after the fact by Lincoln himself), Lincoln pointed out the immense difficulties of such a task as an obstacle to finding an easy way to quickly end slavery. In a debate in August 1858, he said:

If all earthly power were given to me, ... [m]y first impulse would be to free all the slaves, and send them to Liberia, — to their own native land. But a moment's reflection would convince me that whatever of high hope (as I think there is) there may be in this, in the long run, its sudden execution is impossible.

According to historian Paul Escott, Lincoln favored a system of gradual emancipation that would allow for controlled management of free Negroes. Nonetheless, Lincoln was instrumental in forging a fusion of antislavery voters into a potent political movement.

Letter to Joshua Speed

In 1854, Lincoln wrote to Joshua Speed, a personal friend and slave owner in Kentucky:

You know I dislike slavery, and you fully admit the abstract wrong of it.... I also acknowledge your rights and my obligations under the Constitution in regard to your slaves. I confess I hate to see the poor creatures hunted down and caught and carried back to their stripes and unrequited toil; but I bite my lip and keep quiet. In 1841 you and I had together a tedious low-water trip, on a steamboat from Louisville to St. Louis. You may remember, as I well do, that from Louisville to the mouth of the Ohio, there were, on board ten or a dozen slaves shackled together with irons. That sight was a continued torment to me, and I see something like it every time I touch the Ohio or any other slave border. It is not fair for you to assume that I have no interest in a thing which has, and continually exercises, the power of making me miserable. You ought rather to appreciate how much the great body of the Northern people do crucify their feelings, in order to maintain their loyalty to the Constitution and the Union.... How can any one who abhors the oppression of negroes be in favor of degrading classes of white people? Our progress in degeneracy appears to me to be pretty rapid. As a nation we began by declaring that "all men are created equal." We now practically read it "all men are created equal, except negroes." When the Know-nothings get control, it will read "all men are created equal, except negroes and foreigners and Catholics." When it comes to this, I should prefer emigrating to some country where they make no pretence of loving liberty,—to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocrisy.

Lincoln–Douglas debates

Many of Lincoln's public anti-slavery sentiments were presented in the seven Lincoln–Douglas debates against his opponent, Stephen Douglas, during Lincoln's unsuccessful campaign for a seat in the U.S. Senate (which was decided by the Illinois legislature). Douglas advocated "popular sovereignty" and self-government, which would give the citizens of a territory the right to decide if slavery would be legal there. Douglas criticized Lincoln as being inconsistent, saying he altered his message and position on slavery and on the political rights of freed blacks in order to appeal to the audience before him, as northern Illinois was more hostile to slavery than southern Illinois.

Lincoln stated that Negroes had the rights to "life, liberty, and the pursuit of happiness" in the first of the Lincoln–Douglas debates, saying:

there is no reason in the world why the negro is not entitled to all the natural rights enumerated in the Declaration of Independence, the right to life, liberty, and the pursuit of happiness. I hold that he is as much entitled to these as the white man. I agree with Judge Douglas he is not my equal in many respects-certainly not in color, perhaps not in moral or intellectual endowment. But in the right to eat the bread, without the leave of anybody else, which his own hand earns, he is my equal and the equal of Judge Douglas, and the equal of every living man."

Publicly, Lincoln said he was not advocating Negro suffrage in speeches both in Columbus, Ohio, on September 16, 1859, and in Charleston, Illinois, on September 18, 1858, stating on the latter date:

I will say then that I am not, nor ever have been in favor of bringing about in any way the social and political equality of the white and black races [applause]—that I am not nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say in addition to this that there is a physical difference between the white and black races which I believe will for ever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race. I say upon this occasion I do not perceive that because the white man is to have the superior position the negro should be denied every thing. I do not understand that because I do not want a negro woman for a slave I must necessarily want her for a wife. My understanding is that I can just let her alone. I am now in my fiftieth year, and I certainly never have had a black woman for either a slave or a wife.

This might have been a strategy speech used to gain voters, as Douglas had accused Lincoln of favoring negroes too much as well.

A fragment from Lincoln dated October 1, 1858, refuting theological arguments by Frederick Augustus Ross in favor of slavery, reads in part, "As a good thing, slavery is strikingly perculiar [sic], in this, that it is the only good thing which no man ever seeks the good of, for himself. Nonsense! Wolves devouring lambs, not because it is good for their own greedy maws, but because it is good for the lambs!!!"

Constitutional arguments

Two diametrically opposed anti-slavery positions emerged regarding the United States Constitution. The Garrisonians emphasized that the document permitted and protected slavery and was therefore "an agreement with hell" that should be rejected in favor of immediate emancipation. Lincoln deeply supported the Constitution and rejected this position. Instead, he adopted and promoted the mainstream anti-slavery position of the new Republican party. It argued that the Constitution could and should be used to eventually end slavery, but that the Constitution gave the national government no authority to abolish slavery directly. However, multiple tactics were available to support the long-term strategy of using the Constitution as a battering ram against the peculiar institution. First, Congress could block the admission of any new slave states. That would steadily move the balance of power in Congress and the Electoral College in favor of freedom. Congress could abolish slavery in the District of Columbia and the territories. Congress could use the Commerce Clause to end the interstate slave trade, thereby crippling the steady movement of slavery from the economically stagnant southeast to the growing southwest. Congress could recognize free blacks as full citizens and insist on due process rights to protect fugitive slaves from being captured and returned to bondage. Finally, the government could use patronage powers to promote the anti-slavery cause across the country, especially in the border states. Pro-slavery elements considered the Republican strategy to be much more dangerous to their cause than radical abolitionism, and Lincoln's election was met by secession. Indeed, the Republican strategy mapped the "crooked path to abolition" that prevailed during the Civil War.

1860 Republican presidential nomination

Lincoln being carried by two men on a long board.
"The Rail Candidate": Lincoln's 1860 candidacy is depicted as held up by the slavery issue—a slave on the left and party organization on the right.

The Republican Party was committed to restricting the growth of slavery, and its victory in the election of 1860 was the trigger for secession by Southern states. The debate before 1860 was mainly focused on the Western territories, especially Kansas and the popular sovereignty controversy.

Lincoln was nominated as the Republican candidate for president in the election of 1860. Lincoln was opposed to the expansion of slavery into the territories, but agreed with nearly all Americans, including most radical abolitionists, that the federal government was prevented by the Constitution from abolishing slavery in states where it already existed. His plan was to halt the spread of slavery and to offer monetary compensation to slave owners in states that agreed to gradually end slavery (see Compensated emancipation). He was considered a moderate within the Republican party in taking the position that slavery should be put on a course of "ultimate extinction" with the help of the federal government.

As President-elect in 1860 and 1861

In a letter to Senator Lyman Trumbull on December 10, 1860, Lincoln wrote, "Let there be no compromise on the question of extending slavery." In a letter to John A. Gilmer of North Carolina of December 15, 1860, which was soon published in newspapers, Lincoln wrote that the "only substantial difference" between North and South was that "You think slavery is right and ought to be extended; we think it is wrong and ought to be restricted." Lincoln repeated this statement in a letter to Alexander H. Stephens of Georgia on December 22, 1860.

On December 15, 1860, Kentucky Senator John J. Crittenden proposed the Crittenden Compromise, a series of constitutional amendments intended to coax the Confederate states into returning to the Union. President-elect Lincoln rejected the Crittenden Compromise out of hand because it would have permitted the expansion of slavery, stating "I will suffer death before I will consent or will advise my friends to consent to any concession or compromise which looks like buying the privilege of taking possession of this government to which we have a constitutional right."

On February 22, 1861, at a speech in Independence Hall, in Philadelphia, Pennsylvania, Lincoln reconfirmed that his convictions sprang from the sentiment expressed in the Declaration of Independence, which was also the basis of the continued existence of the United States since that time, namely, the "principle or idea" "in that Declaration giving liberty, not alone to the people of this country, but hope to the world for all future time. (Great applause.) It was that which gave promise that in due time the weights should be lifted from the shoulders of all men, and that all should have an equal chance. (Cheers.)"

Presidency (1861–1865)

Corwin amendment

The proposed Corwin amendment was passed by Congress before Lincoln became President and was ratified by three states but was abandoned once the Civil War began. It would have reaffirmed what historians call the Federal Consensus—the nearly universal belief that under the Constitution the federal government had no power to abolish slavery in a state where it already existed. In his First Inaugural Address, March 4, 1861, Lincoln explained that while he had not seen the amendment and took no position on amendments in general, "holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable." The Corwin amendment was a late attempt at reconciliation but it was doomed to fail because southerners knew that it would not stop the federal government from adopting a host of antislavery policies that did not violate the Federal Consensus. Most significantly, the Corwin amendment would not have interfered with Lincoln's plan to ban the expansion of slavery into the federal territories, which was one of the main points of contention between pro- and anti-slavery factions.

Building a demand for emancipation

Lincoln's long-term goal was to apply federal pressure on the slave states to get them to abolish slavery on their own, beginning with the four loyal, non-seceding border states of Maryland, Delaware, Kentucky, and Missouri. But he also warned that if the slave states seceded from the Union they would forfeit the constitutional protection of slavery, including any claim to the recovery of their fugitive slaves.

The American Civil War began in April 1861, and by the end of May the Lincoln administration approved a policy of not returning fugitive slaves who came within Union lines from disloyal states. Such slaves were deemed "contraband of war," or "contrabands." On August 6, 1861, Congress declared the forfeiture of contraband to be permanent by passing the first of the Confiscation Acts, and two days later Lincoln's War Department issued instructions emancipating all the slaves who came within Union lines from disloyal states or owners. By the end of the year thousands of slaves were being emancipated.

So as not to alienate the border states, Lincoln was careful to ensure that his generals followed the letter of the law. He encouraged General James K. Lane in western Missouri to emancipate thousands of slaves of disloyal masters who came voluntarily within his lines. But in eastern Missouri, when General John C. Frémont issued a decree emancipating the slaves of disloyal owners in areas the Union did not control, Lincoln ordered the general to revise his decree to conform with the law. Lincoln promoted Lane to brigadier general but would later fire Frémont for corruption and military incompetence. In western Missouri, Lincoln replaced Frémont with an abolitionist general, David Hunter. The care Lincoln took to distinguish legal from extralegal emancipation was reaffirmed in May 1862, after Hunter issued two emancipation proclamations covering the areas his troops recently occupied "along the Carolina, Georgia, and Florida coast." The first proclamation, which was legal, freed "all persons of color lately held to involuntary servitude by enemies of the United States." The second proclamation declared all the slaves in Georgia, Florida, and South Carolina "to be 'forever free,' not just those belonging to disloyal masters." That second proclamation, like Frémont's, went beyond the law, and Lincoln reversed it, as he had Frémont's.

After revoking Hunter's attempt at emancipation, Lincoln issued a statement explaining that Hunter had issued his proclamation without Lincoln's knowledge or approval, and the authority to free slaves in the rebel states was held only by the President, not his generals. He concluded by referring to a congressional resolution passed in March that stated the federal government's intent to provide compensation to assist states that were willing to voluntarily abolish slavery and encouraged all slave states to come up with a plan to carry it out.

By the end of 1861 tens of thousands of slaves were emancipated as they crossed into Union lines at Fort Monroe, Virginia, the Sea Islands off South Carolina, and in western Missouri. In December the Lincoln administration announced its emancipation policy in a series of annual reports by the president and by several of his cabinet secretaries. By January Lincoln himself declared that no federal authority, civil or military, could legally return fugitive slaves to their owners. By then the sentiment for a more radical approach to emancipation had been building, and in July Congress authorized the president to issue a more general emancipation proclamation, freeing all the slaves in all areas in rebellion. A few days after Lincoln signed the law—known as the Second Confiscation Act—he drafted the first version of what would become his Emancipation Proclamation.

Because the Constitution could sanction emancipation only under the president's war powers, freeing slaves could be justified only as a means of suppressing the Southern rebellion and winning the war. As a result, until the very end of the war, Lincoln claimed that the purpose of the war was the restoration of the Union. Southern leaders denounced Lincoln as a bloodthirsty revolutionary whose emancipation policies proved that the secessionists were right all along about those they labeled "Black Republicans." Northern Democrats, meanwhile, denied that emancipation was a "military necessity," as Lincoln and the Republicans claimed it was. But Lincoln never deviated from his official position, that because the Constitution recognized slavery in the states, the only constitutional justification for freeing slaves was military necessity.

All throughout 1862, the Lincoln administration took several direct actions against slavery. On April 16, Lincoln signed the District of Columbia Compensated Emancipation Act, which abolished slavery in Washington, D.C. Two months later, on June 19, Congress banned slavery in all federal territories, fulfilling Lincoln's 1860 campaign promise to ban the expansion of slavery. On July 17, Congress passed the second of the Confiscation Acts. While the initial act did not make any determination on the final status of escaped slaves who fled to Union lines, the Second Confiscation act did, stating that escaped or liberated slaves belonging to anyone who participated in or supported the rebellion "shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves." The act also prohibited anyone in the military from returning escaped slaves to their masters, even if the slaves had escaped from a Union slave state.

Letter to Greeley

On August 22, 1862, Lincoln published a letter in response to an editorial titled "The Prayer of Twenty Millions" by Horace Greeley of the New-York Tribune, in which the editor asked why Lincoln had not yet issued an emancipation proclamation, as he was authorized to do by the Second Confiscation Act. In his reply Lincoln differentiated between "my view of official duty"—that is, what he can do in his official capacity as President—and his personal views. Officially he must save the Union above all else; personally he wanted to free all the slaves:

I would save the Union. I would save it the shortest way under the Constitution. The sooner the national authority can be restored; the nearer the Union will be "the Union as it was." If there be those who would not save the Union, unless they could at the same time save slavery, I do not agree with them. If there be those who would not save the Union unless they could at the same time destroy slavery, I do not agree with them. My paramount object in this struggle is to save the Union, and is not either to save or to destroy slavery. If I could save the Union without freeing any slave I would do it, and if I could save it by freeing all the slaves I would do it; and if I could save it by freeing some and leaving others alone I would also do that. What I do about slavery, and the colored race, I do because I believe it helps to save the Union; and what I forbear, I forbear because I do not believe it would help to save the Union. I shall do less whenever I shall believe what I am doing hurts the cause, and I shall do more whenever I shall believe doing more will help the cause. I shall try to correct errors when shown to be errors; and I shall adopt new views so fast as they shall appear to be true views. I have here stated my purpose according to my view of official duty; and I intend no modification of my oft-expressed personal wish that all men everywhere could be free.

At the time that Lincoln published this letter, he seemingly had already chosen the third of the three options he named: He was waiting for a Union victory to issue the preliminary Emancipation Proclamation, which would announce that he would free some but not all the slaves on January 1, 1863. Nevertheless, "From mid-October to mid-November 1862, he sent personal envoys to Louisiana, Tennessee, and Arkansas. His envoys bore tidings" that "[i]f citizens desired 'to avoid the unsatisfactory' terms of the Final Emancipation Proclamation 'and to have peace again on the old terms' (i.e., with slavery intact), they should rally ... to vote in an 'election of members of the members of the Congress of the United States'...." Thus, Lincoln may not have ruled out the first option he expressed to Greeley: saving the Union without freeing any slave.

Emancipation Proclamation

1864 Reproduction of Emancipation Proclamation

Just one month after writing this letter, Lincoln issued his preliminary Emancipation Proclamation, which announced that, on January 1, 1863, he would, under his war powers, free all slaves in states still in rebellion. Lincoln scholar Harold Holzer wrote: "Unknown to Greeley, Lincoln composed this [the letter to Greeley] after he had already drafted a preliminary Emancipation Proclamation, which he had determined to issue after the next Union military victory. Therefore, this letter was, in truth, an attempt to position the impending announcement in terms of saving the Union, not freeing slaves as a humanitarian gesture. It was one of Lincoln's most skillful public relations efforts, even if it has cast longstanding doubt on his sincerity as a liberator." Historian Richard Striner argues that "for years" Lincoln's letter has been misread as "Lincoln only wanted to save the Union." However, within the context of Lincoln's entire career and pronouncements on slavery this interpretation is wrong, according to Striner. Rather, Lincoln was softening the strong Northern white supremacist opposition to his imminent emancipation by tying it to the cause of the Union. This opposition would fight for the Union but not to end slavery, so Lincoln gave them the means and motivation to do both at the same time. In his 2014 book, Lincoln's Gamble, journalist and historian Todd Brewster asserted that Lincoln's desire to reassert the saving of the Union as his sole war goal was in fact crucial to his claim of legal authority for emancipation. Since slavery was protected by the Constitution, the only way that he could free the slaves was as a tactic of war—not for its own sake. But that carried the risk that when the war ended, so would the justification for freeing the slaves. Late in 1862, Lincoln asked his Attorney General, Edward Bates, for an opinion as to whether slaves freed through a war-related proclamation of emancipation could be re-enslaved once the war was over. Bates had to work through the language of the Dred Scott decision to arrive at an answer, but he finally concluded that they could indeed remain free. Still, a complete end to slavery would require a constitutional amendment.

But a constitutional amendment has to be ratified by three-fourths of the states. There were too many slave states and not enough free states for a constitutional amendment to be ratified, so even as he was preparing to issue his Emancipation Proclamation he proposed a series of constitutional amendments that would make it easier for the federal government to pressure states to abolish slavery on their own, including compensation, a gradual timetable for abolition, and subsidies for blacks willing to colonize themselves outside the United States. None of those constitutional amendments came close to passage. But by 1863 Lincoln had other ways of pressuring the state to abolish slavery: By refusing to return slaves who escaped from loyal masters in loyal states, and by enlisting slaves from loyal states into the Union Army with the promise of emancipation, the Lincoln administration systematically undermined slavery in many of the Southern states.

Lincoln had begun pressuring the border states to abolish slavery in November 1861, with no success. In 1862 he began to warn the states that if they did not abolish slavery on their own, the institution would succumb to the "incidents of war" and would be undermined by "mere friction and abrasion." But the abrasion was no mere incident; it was the policy of emancipation. Beginning in mid-1863 Lincoln intensified the pressure on all the slave states, and in early 1864 the policy began to pay off. Between January 1864 and January 1865, three slave states abolished slavery, all under intense pressure from the federal government. By the time the House of Representatives sent the Thirteenth Amendment to the states for ratification, the ratio of free to slave states was 27:9, or the needed three-quarters.

West Virginia

Early in the war, several counties of Virginia that were loyal to the Union formed the Restored Government of Virginia and applied for statehood for part of western Virginia into the Union as a new state. Lincoln required West Virginia to have a constitutional plan for gradual emancipation as a condition of statehood. In response, West Virginia passed the Willey Amendment, which declared "The children of slaves born within the limits of this State after the fourth day of July, eighteen hundred and sixty-three, shall be free; and all slaves within this state who shall, at the time aforesaid, be under the age of ten years, shall be free when they arrive at the age of twenty-one years; and all slaves over ten and under twenty-one years shall be free when they arrive at the age of twenty-five years; and no slave shall be permitted to come into the State for permanent residence therein." Lincoln considered this satisfactory, writing, "the admission of the new state, turns that much slave soil to free; and thus, is a certain, and irrevocable encroachment upon the cause of the rebellion." West Virginia was granted statehood on June 20, 1863, and went on to fully abolish slavery on February 3, 1865, roughly three months before the end of the war.

Conkling letter

Lincoln came to appreciate the role that black troops played in this process. In the end some 180,000 blacks served in the Union Army, a disproportionate number of them from the states that ended up abolishing slavery. He made his feeling clear in an eloquent letter a year later to James C. Conkling on August 26, 1863.

The war has certainly progressed as favorably for us, since the issue of proclamation as before. I know as fully as one can know the opinions of others, that some of the commanders of our armies in the field who have given us our most important successes, believe the emancipation policy, and the use of the colored troops, constitute the heaviest blow yet dealt to the rebellion; and that, at least one of those important successes, could not have been achieved when it was, but for the aid of black soldiers. Among the commanders holding these views are some who have never had any affinity with what is called abolitionism, or with republican party politics; but who hold them purely as military opinions. I submit these opinions as being entitled to some weight against the objections, often urged, that emancipation, and arming the blacks, are unwise as military measures, and were not adopted, as such, in good faith.

You say you will not fight to free negroes. Some of them seem willing to fight for you; but, no matter. Fight you, then, exclusively to save the Union. I issued the proclamation on purpose to aid you in saving the Union. Whenever you shall have conquered all resistance to the Union, if I shall urge you to continue fighting, it will be an apt time, then, for you to declare you will not fight to free negroes.

I thought that in your struggle for the Union, to whatever extent the negroes should cease helping the enemy, to that extent it weakened the enemy in his resistance to you. Do you think differently? I thought that whatever negroes can be got to do as soldiers, leaves just so much less for white soldiers to do, in saving the Union. Does it appear otherwise to you? But negroes, like other people, act upon motives. Why should they do any thing for us, if we will do nothing for them? If they stake their lives for us, they must be prompted by the strongest motive—even the promise of freedom. And the promise being made, must be kept.... [When peace comes] then, there will be some black men who can remember that, with silent tongue, and clenched teeth, and steady eye, and well-poised bayonet, they have helped mankind on to this great consummation; while, I fear, there will be some white ones, unable to forget that, with malignant heart, and deceitful speech, they strove to hinder it.

The Conkling letter was dated August 26, 1863, the month after two great Union victories at Gettysburg and Vicksburg, but also at a time when Americans were reading the first reports of black troops fighting courageously in battles at Milliken's Bend and Battery Wagner. It was also in the summer of 1863 that Lincoln initiated his intensified effort to get various slave states to abolish slavery on their own.

Lincoln addresses the changes to his positions and actions regarding emancipation in an 1864 letter to Albert G. Hodges. In that letter, Lincoln states his moral opposition to slavery, writing, "I am naturally anti-slavery. If slavery is not wrong, nothing is wrong. I can not remember when I did not so think, and feel. And yet I have never understood that the Presidency conferred upon me an unrestricted right to act officially upon this judgment and feeling." Lincoln further explained that he had eventually determined that military emancipation and the enlistment of black soldiers were necessary for the preservation of the Union, which was his responsibility as president.

Having won re-election to the presidency in November 1864 on a platform of abolishing slavery, Lincoln and several members of his cabinet embarked on a sustained lobbying effort to get the abolition amendment through the House of Representatives. The amendment abolishing slavery everywhere in the United States was ratified by every state that had abolished slavery during the war, and it became part of the Constitution on December 6, 1865.

Reconstruction

On December 8, 1863, Lincoln used his war powers to issue a "Proclamation for Amnesty and Reconstruction", which offered Southern states a chance to peacefully rejoin the Union if they abolished slavery and collected loyalty oaths from 10 percent of their voting population. Before the end of the war, Louisiana. Arkansas, Maryland, Missouri, Tennessee, and West Virginia, abolished slavery. In addition, the Union loyalist, Restored government of Virginia, abolished slavery before the end of the war.

On June 28, 1864, President Lincoln signed into law Congress's repeal of the Fugitive Slave Act of 1850.

As Lincoln began to be concerned about the 1864 presidential election and the potential for a new administration that would end the war without emancipation, he turned to Frederick Douglass. He said, according to Douglass, "I want you to set about devising some means of making them [slaves] acquainted with it [the Emancipation Proclamation], and for bringing them into our lines," thereby making emancipation an accomplished fact before a potential next administration could take office.

Thirteenth Amendment

When Lincoln accepted the nomination for the Union party for president in June 1864, he called for the first time for the passage of the Thirteenth Amendment to the United States Constitution, to immediately abolish slavery and involuntary servitude, except as punishment for a crime. He wrote in his letter of acceptance that "it would make a fitting and necessary conclusion" to the war and would permanently join the causes of "Liberty and Union." He won re-election on this platform in November, and in December, 1864, Lincoln worked to have the House approve the amendment.

When the House passed the 13th amendment on January 31, 1865, Lincoln signed the amendment, although this was not a legal requirement, and said in a speech the next day, "He thought all would bear him witness that he had never shrunk from doing all that he could to eradicate slavery by issuing an emancipation proclamation." He pointed out that the emancipation proclamation did not complete the task of eradicating slavery; "But this amendment is a King's cure for all the evils [of slavery]."

Second inaugural address

Lincoln, having gotten the constitutional amendment to abolish slavery through Congress, began his second term. He discussed slavery throughout his second inaugural address, describing it as not only the cause of the Civil War, but claiming that, as an offense to God, it drew God's righteous judgment against the entire nation.

One eighth of the whole population were colored slaves, not distributed generally over the Union, but localized in the Southern part of it. These slaves constituted a peculiar and powerful interest. All knew that this interest was, somehow, the cause of the war.... It may seem strange that any men should dare to ask a just God's assistance in wringing their bread from the sweat of other men's faces; but let us judge not that we be not judged.... The Almighty has His own purposes. "Woe unto the world because of offences! for it must needs be that offences come; but woe to that man by whom the offence cometh!" [ Matthew 18:7 ] If we shall suppose that American Slavery is one of those offences which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South, this terrible war, as the woe due to those by whom the offence came.... Fondly do we hope — fervently do we pray — that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue, until all the wealth piled by the bond-man's two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash, shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said "the judgments of the Lord, are true and righteous altogether." [ Psalms 19:9 ]

Compensated emancipation: buy out the slave owners

The Thirteenth Amendment, which abolished slavery, provided no compensation to slave owners, but previously, President Lincoln had made numerous proposals to the loyal border states to agree to "compensated emancipation." None did. The only area of the country that would ever receive compensated emancipation would be Washington, D.C. Because Washington, D.C., was under federal jurisdiction, Congress was able pass the District of Columbia Compensated Emancipation Act.

President Lincoln advocated that slave owners be compensated for emancipated slaves. On March 6, 1862, President Lincoln, in a message to the U.S. Congress, proposed that Congress adopt a Joint Resolution stating that "any state which may adopt gradual abolishment of slavery" should be given "pecuniary aid ... to compensate for the inconveniences public and private, produced by such a change of system". Congress adopted the resolution. On July 12, 1862, President Lincoln, in a conference with congressmen from the four border states of Kentucky, Maryland, Delaware, and Missouri, urged that their respective states adopt emancipation legislation that compensated slave owners. On July 14, 1862, President Lincoln sent a bill to Congress that allowed the Treasury to issue bonds at 6% interest to states for slave emancipation compensation to slave owners. The bill never came to a vote.

In the Preliminary Emancipation Proclamation, issued on September 22, 1862, Lincoln stated, "That it is my purpose, upon the next meeting of Congress to again recommend ... tendering pecuniary aid to the free acceptance of all slave-states, so called, the people whereof may not then be in rebellion against the United States, and which states, may then have voluntarily adopted, or thereafter may voluntarily adopt, immediate, or gradual abolishment of slavery...."

In his December 1, 1862, Annual Message to Congress, Lincoln proposed a constitutional amendment that would provide federal compensation to any state that voluntarily abolished slavery before the year 1900.

As late as the Hampton Roads Conference in 1865, Lincoln met with Confederate leaders and proposed a "fair indemnity," possibly $500,000,000, in compensation for emancipated slaves.

Colonization

One of several failed colonization attempts during Lincoln's presidency was on the Île à Vache, off the coast of Haiti.

Like many self-styled moderates, Abraham Lincoln supported the colonization (resettlement) of African Americans outside the United States, notably in Liberia. Historians have disputed his motivation, with scholars such as James McPherson, David Reynolds, and Allen Guelzo arguing that Lincoln advocated colonization of the freedpeople in order to assuage racist concerns about the Emancipation Proclamation. Other historians, such as Phillip W. Magness, Richard Blackett, Phillip Paludan, and Mark E. Neely, Jr., have challenged that contention by highlighting the quiet, even secretive basis of most of Lincoln's colonization activity; the lack of falsifiability to any unsubstantiated claim that historical actors did not mean what they said; and the inadequacy, for a deportationist target audience, of Lincoln's adherence to African American consent. The author of the one book-length study of black colonization during the Civil War era, Sebastian N. Page, argues that Lincoln believed in colonization to his death, but that the policy failed due to the corruption, controversy, and the inadequate African American interest that it generated.

Antebellum Activity (to 1861)

Probably present at the 1845 founding of a short-lived Illinois auxiliary to the American Colonization Society (ACS), Lincoln had helped transfer a donation to the latter during his residency in Washington, D.C., as a member of the Thirtieth Congress. In 1852, he made his first recorded remarks on African American resettlement in a eulogy for the president of the ACS (and national statesman), Henry Clay. The next year, he helped an Indiana colonizationist, James Mitchell, who had come to Springfield, Illinois, to rekindle that state's colonization movement. In 1854, in his Peoria speech, Lincoln articulated two motifs of his support for colonization: first, the unwillingness of "the great mass of white people" to accept black equality, and second, on a note of qualification, Liberia's liability to be overwhelmed by any sizable influx of immigrants. Accordingly, he supported the colonization program of Francis Preston Blair and his sons Frank and Montgomery (until 1860, better-known Republicans than Lincoln), who rejected Liberia in favor of closer destinations in the American tropics.

Wartime Provisions (1861-62)

In his first annual message to Congress (now known as the State of the Union Address), of December 3, 1861, Lincoln advised Congress to provide for the colonization of free African American people, even if it required the United States to acquire further territory. He encouraged the Thirty-Seventh Congress's insertion of voluntary colonization clauses into its District Emancipation and Second Confiscation Acts, intimating that he would not sign those bills unless they contained such a provision. Once Congress had passed this legislation, which it reinforced with a $600,000 fund for colonization, Lincoln appointed his old collaborator, James Mitchell, to an ad hoc position within the Department of the Interior. Together, they arranged his famous meeting of August 14, 1862, with a deputation of black Washingtonians, whom he told, "without the institution of Slavery and the colored race as a basis, the war could not have an existence. It is better for us both, therefore, to be separated." Civil War historian Jonathan W. White wrote of this meeting, "Few moments in Lincoln’s presidency appear as regrettable as this one.... Lincoln’s words were terribly condescending." Lincoln biographer Michael Burlingame took a more favorable view of Lincoln's remarks to his visitors, finding one statement "remarkably empathetic."

During a series of three cabinet meetings of late September 1862, Lincoln rebuffed Attorney General Edward Bates's suggestion of compulsory colonization, but decided to ask Congress, in his second annual message of December 1, 1862, to pass an amendment to the U.S. Constitution to promote black resettlement by treaty with putative host states. Legislators' lack of response drove Lincoln thereafter to his own public silence on colonization, though he quietly continued to pursue colonization schemes, and in two waves.

First-wave schemes: "contract colonies" in Latin America (1861-1864)

The president's two best-known colonization projects, Linconia (in Chiriquí Province, today in Panama) and the Île-à-Vache (Haiti), would both fail, albeit at different stages of their development, because of Lincoln's initial proclivity for pursuing colonization through U.S.- based concessionaires rather than the sovereign states that had granted them their leases.

For over a year from October 1861, Lincoln hoped to found a black colony in the Chiriquí district of what is now Panama, then an outlying part of Colombia. The settlers would mine coal to supply the U.S. Navy, and might even secure isthmian transit from the Atlantic to the Pacific. The president appointed the U.S. senator for Kansas, Samuel Pomeroy, to lead the expedition and choose pioneers from the 13,700 African Americans who applied to join him. Lincoln also signed a contract with Ambrose W. Thompson, the leaseholder of the tract in question, which allowed for tens of thousands of African Americans to immigrate. The secretary of the interior, Caleb B. Smith, also issued Pomeroy $25,000 from the colonization fund, to pay for transportation and equipment.

Lincoln suspended the project in early October 1862, before a single ship had sailed, ostensibly because of diplomatic protests by the governments of Central America, but really because of the uncertainty caused by the Colombian Civil War. The president hoped to overcome these complications by having Congress provide for a treaty with Colombia for African American emigration, much as he outlined in his second annual message, but he shelved the Chiriquí project over the New Year of 1863 when he learned that its stakeholders included not only a personal friend, Richard W. Thompson, but also the new secretary of the interior, John P. Usher.

By way of substitute, on New Year's Eve, 1862, Lincoln arranged with a New Orleans businessman, Bernard Kock, to establish a colony on the Île-à-Vache, an island off Haiti. Although the White House subsequently remade the agreement with more trustworthy partners than Kock, the new contractors retained Kock as the supervisor of the settlement, for which more than 400 freed slaves sailed from Fort Monroe, Virginia. Lack of shelter on the island, an outbreak of smallpox, and an ever-growing mistrust between the administration and its contractors doomed the colony. In February 1864, at Lincoln's behest, Secretary of War Edwin Stanton dispatched a vessel to rescue the survivors.

Second-Wave Schemes: Emigration to the European West Indies (1862-1864)

A critic of the "contract colonies," the commissioner of emigration, James Mitchell, encouraged Abraham Lincoln to promote African American emigration to British Honduras (Belize) and the British West Indies at large. Separately, the U.S. minister to the Netherlands, James Shepherd Pike, negotiated a treaty for black resettlement in the Dutch West Indies (Suriname). Lincoln believed that by dealing with the comparatively stable European empires, he could avoid some of the problems that had plagued his earlier contracts with private interests.

Lincoln signed an agreement on June 13, 1863, with John Hodge of British Honduras, which authorized colonial agents to recruit ex-slaves and transport them to Belize from the approved ports of Philadelphia, New York City, and Boston. Later that year the Department of the Interior sent John Willis Menard, a free African American clerk who supported colonization, to investigate the site for the government. The scheme petered out when John Usher refused to release funds to the would-be pioneers of Henry Highland Garnet's African Civilization Society and when the British Colonial Office banned the recruitment of "contraband" freedpeople for fear that the Confederacy would deem this a hostile act.

Final disposition of colonization (1864-65)

The question of when Lincoln abandoned colonization, if ever, has aroused debate among historians. The government funded no more colonies after the rescue of the Ile à Vache survivors in early 1864, and Congress repealed most of the colonization funding that July.

Lincoln left no surviving statements in his own hand on the subject during the last two years of his presidency. An entry in the diary of presidential secretary John Hay, dated July 1, 1864, claims that Lincoln had "sloughed off" colonization, though attributes that change to the president's frustration with corrupt contractors rather than to any philosophical departure. In the fall of 1864, Lincoln wrote Attorney General Edward Bates to inquire whether the legislation of 1862 allowed him to continue pursuing colonization and to retain Mitchell's services irrespective of the loss of funding. General Benjamin F. Butler claimed that Lincoln approached him in 1865, a few days before his assassination, to talk about reviving colonization in Panama. Since the mid-twentieth century, historians have debated the validity of Butler's account, as Butler wrote it years after the fact and was prone to exaggerating his prowess as a general. Recently discovered documents prove that Butler and Lincoln did indeed meet on April 11, 1865, though whether and to what extent they talked about colonization is not recorded except in Butler's account.

A postwar article by Secretary of the Navy Gideon Welles suggested that Lincoln intended to revive colonization in his second term.

Citizenship and limited suffrage

In his second term as president, on April 11, 1865, Lincoln gave a speech in which, for the first time publicly, he promoted voting rights for some blacks, stating "It is also unsatisfactory to some that the elective franchise is not given to the colored man. I would myself prefer that it were now conferred on the very intelligent, and on those who serve our cause as soldiers." John Wilkes Booth, a Southerner and outspoken Confederate sympathizer, attended the speech and became determined to kill Lincoln for supporting citizenship for blacks. Booth assassinated Lincoln three days later.

In analyzing Lincoln's position historian Eugene H. Berwanger notes:

During his presidency, Lincoln took a reasoned course which helped the federal government both destroy slavery and advance the cause of black suffrage. For a man who had denied both reforms four years earlier, Lincoln's change in attitude was rapid and decisive. He was both open-minded and perceptive to the needs of his nation in a postwar era. Once committed to a principle, Lincoln moved toward it with steady, determined progress.

Views on African Americans

Known as the Great Emancipator, Lincoln was a complicated figure who wrestled with his own views on race. Through changing times, successive generations have interpreted Lincoln's views on African Americans differently. According to Henry Louis Gates Jr.: "To apply 20th century beliefs and standards to an America of 1858 and declare Abraham Lincoln a 'racist' is a faulty formula that unfairly distorts Lincoln's true role in advancing civil and human rights. By the standards of his time, Lincoln's views on race and equality were progressive and truly changed minds, policy and most importantly, hearts for years to come."

Lincoln's primary audience was white (male) voters. Lincoln's views on slavery, race equality, and African-American colonization are often intermixed. During the 1858 debates with Stephen Douglas, Lincoln stated that the "physical difference between the white and black races ... will forever forbid the two races living together on terms of social and political equality". He added that "there must be the position of superior and inferior, and I, as much as any other man, am in favor of having the superior position assigned to the white race." On August 22, 1862, he said to a delegation of five black men whom he'd invited to the White House:

You and we are different races. We have between us a broader difference than exists between almost any other two races. Whether it is right or wrong I need not discuss, but this physical difference is a great disadvantage to us both, as I think your race suffer very greatly, many of them by living among us, while ours suffer from your presence. In a word we suffer on each side.

While president, as the Civil War progressed, Lincoln advocated or implemented anti-slavery policies, including the Emancipation Proclamation and limited suffrage for African Americans, which he had earlier opposed. Former slave and leading abolitionist Frederick Douglass unequivocally regarded Lincoln as sharing "the prejudices of his white fellow-countrymen against the Negro", but also observed of Lincoln that "in his company, I was never reminded of my humble origin, or of my unpopular color." According to Douglass, Lincoln "was preeminently the white man's President" and also, "emphatically the black man’s President: the first to show any respect to their rights as men".

Douglass attested to Lincoln's genuine respect for him and other blacks, and to the wisdom of Lincoln's course of action in obtaining both the preservation of the Union (his sworn duty as president) and the freeing of the slaves. In an 1876 speech at the unveiling of the Freedmen's Monument in Memory of Abraham Lincoln (later renamed the Emancipation Memorial), he defended Lincoln's actions:

His great mission was to accomplish two things: first, to save his country from dismemberment and ruin; and, second, to free his country from the great crime of slavery. To do one or the other, or both, he must have the earnest sympathy and the powerful cooperation of his loyal fellow-countrymen. Without this primary and essential condition to success his efforts must have been vain and utterly fruitless. Had he put the abolition of slavery before the salvation of the Union, he would have inevitably driven from him a powerful class of the American people and rendered resistance to rebellion impossible.

Viewed from the genuine abolition ground, Mr. Lincoln seemed tardy, cold, dull, and indifferent; but measuring him by the sentiment of his country, a sentiment he was bound as a statesman to consult, he was swift, zealous, radical, and determined....

[T]aking him for all in all, measuring the tremendous magnitude of the work before him, considering the necessary means to ends, and surveying the end from the beginning, infinite wisdom has seldom sent any man into the world better fitted for his mission than Abraham Lincoln.

In his past, Lincoln lived in a middle-class, racially mixed neighborhood of Springfield, Illinois; one of his long-time neighbors, Jameson Jenkins (who may have been born a slave), had come from North Carolina and was publicly implicated in the 1850s as a Springfield conductor on the Underground Railroad, sheltering fugitive slaves. In 1861, President-elect Lincoln called on Jenkins to give him a ride to the train depot, where Lincoln delivered his farewell address before leaving Springfield for the last time. Accompanying Lincoln to Washington was a free African American, William Johnson, who acted during the trip as valet, messenger, and bodyguard. Johnson was afterward employed by the White House and then as messenger in the Treasury Department. The two men called on each other for favors. When Johnson contracted fever, probably from Lincoln, and died in 1864, Lincoln satisfied Johnson's family debts and paid for his burial and tombstone in Arlington.

When Lincoln arrived at the White House, for the first time in his life he lived within a large community of free African Americans employed there. Many had previously been enslaved or were descendants of slaves, and their success as free people may have influenced Lincoln's own thinking. Lincoln is said to have showed these employees "a peculiar care and solicitude," and it was noted, perhaps surprisingly, that Lincoln treated them "like people". "He 'sympathized with us colored folks,' one former servant said, 'and we loved him.'" White House Usher, William Slade, who became an "intimate friend," was often the first person Lincoln asked to review parts of his writings and speeches, likely including drafts of the Emancipation Proclamation.

Intersex

From Wikipedia, the free encyclopedia
A group of people standing on a staircase in a hotel facing the camera.
Participants at the third International Intersex Forum, Malta, in December 2013

Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".

Sex assignment at birth usually aligns with a child's anatomical sex and phenotype. The number of births with ambiguous genitals is in the range of 1:4500–1:2000 (0.02%–0.05%). Other conditions involve atypical chromosomes, gonads, or hormones. Some persons may be assigned and raised as a girl or boy but then identify with another gender later in life, while most continue to identify with their assigned sex. A systematic review by Tiffany Jones states that the number of people with intersex conditions are estimated to be between 1.7% and 4%. Anne Fausto-Sterling and her co-authors suggest that the prevalence of "nondimorphic sexual development" might be as high as 1.7%. A study published by Leonard Sax reports that this figure includes conditions such as Klinefelter syndrome (XXY) which most clinicians do not recognize as intersex, and that if the term is understood to mean only "conditions in which chromosomal sex is inconsistent with phenotypic sex, or in which the phenotype is not classifiable as either male or female", the prevalence of intersex is about 0.018%.

Terms used to describe intersex people are contested, and change over time and place. Intersex people were previously referred to as "hermaphrodites" or "congenital eunuchs". In the 19th and 20th centuries, some medical experts devised new nomenclature in an attempt to classify the characteristics that they had observed, the first attempt to create a taxonomic classification system of intersex conditions. Intersex people were categorized as either having "true hermaphroditism", "female pseudohermaphroditism", or "male pseudohermaphroditism". These terms are no longer used, and terms including the word "hermaphrodite" are considered to be misleading, stigmatizing, and scientifically specious in reference to humans. In biology, the term "hermaphrodite" is used to describe an organism that can produce both male and female gametes. Some people with intersex traits use the term "intersex", and some prefer other language. In clinical settings, the term "disorders of sex development" (DSD) has been used since 2006, a shift in language considered controversial since its introduction.

Intersex people face stigmatization and discrimination from birth, or following the discovery of intersex traits at stages of development such as puberty. Intersex people may face infanticide, abandonment, and stigmatization from their families. Globally, some intersex infants and children, such as those with ambiguous outer genitalia, are surgically or hormonally altered to create more socially acceptable sex characteristics. This is considered controversial, with no firm evidence of favorable outcomes. Such treatments may involve sterilization. Adults, including elite female athletes, have also been subjects of such treatment. Increasingly, these issues are considered human rights abuses, with statements from international and national human rights and ethics institutions. Intersex organizations have also issued statements about human rights violations, including the 2013 Malta declaration of the third International Intersex Forum. In 2011, Christiane Völling became the first intersex person known to have successfully sued for damages in a case brought for non-consensual surgical intervention. In April 2015, Malta became the first country to outlaw non-consensual medical interventions to modify sex anatomy, including that of intersex people.

Terminology

There is no clear consensus definition of intersex and no clear delineation of which specific conditions qualify an individual as intersex. The World Health Organization's International Classification of Diseases (ICD), the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM), and many medical journals classify intersex traits or conditions among disorders of sex development (DSD).

A common adjective for people with disorders of sex development (DSD) is "intersex".

Etymology and definitions

In 1917, Richard Goldschmidt created the term "intersexuality" to refer to a variety of physical sex ambiguities. However, according to The SAGE Encyclopedia of LGBTQ Studies, it was not until Anne Fausto Sterling published her article "The Five Sexes: Why Male and Female Are Not Enough" in 1993 that the term reached popularity.

Model Hanne Gaby Odiele photographed by Ed Kavishe for Fashionwirepress. In 2017 Odiele disclosed having the intersex trait androgen insensitivity syndrome.

According to the UN Office of the High Commissioner for Human Rights:

Intersex people are born with sex characteristics (including genitals, gonads and chromosome patterns) that do not fit typical binary notions of male or female bodies. Intersex is an umbrella term used to describe a wide range of natural bodily variations.

Attitudes towards the term

Some intersex organizations reference "intersex people" and "intersex variations or traits" while others use more medicalized language such as "people with intersex conditions", or people "with intersex conditions or DSDs (differences of sex development)" and "children born with variations of sex anatomy". In May 2016, interACT published a statement recognizing "increasing general understanding and acceptance of the term 'intersex'".

Australian sociological research on 272 "people born with atypical sex characteristics", published in 2016, found that 60% of respondents used the term "intersex" to self-describe their sex characteristics, including people identifying themselves as intersex, describing themselves as having an intersex variation or, in smaller numbers, having an intersex condition. Respondents also commonly used diagnostic labels and referred to their sex chromosomes, with word choices depending on audience.

Research on 202 respondents by the Lurie Children's Hospital, Chicago, and the AIS-DSD Support Group (now known as InterConnect Support Group) published in 2017 found that 80% of Support Group respondents "strongly liked, liked or felt neutral about intersex" as a term, while caregivers were less supportive. The hospital reported that the use of the term "disorders of sex development" may negatively affect care.

Another study by a group of children's hospitals in the United States found that 53% of 133 parent and adolescent participants recruited at five clinics did not like the term "intersex". Participants who were members of support groups were more likely to dislike the term. A "dsd-LIFE" study in 2020 found that around 43% of 179 participants thought the term "intersex" was bad, 20% felt neutral about the term, while the rest thought the term was good.

The term "hermaphrodite"

Historically, the term "hermaphrodite" was used in law to refer to people whose sex was in doubt. The 12th-century Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails" ("Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit."). Similarly, the 17th-century English jurist and judge Edward Coke (Lord Coke), wrote in his Institutes of the Lawes of England on laws of succession stating, "Every heire is either a male, a female, or an hermaphrodite, that is both male and female. And an hermaphrodite (which is also called Androgynus) shall be heire, either as male or female, according to that kind of sexe which doth prevaile."

During the Victorian era, medical authors attempted to ascertain whether or not humans could be hermaphrodites, adopting a precise biological definition for the term, and making distinctions between "male pseudohermaphrodite", "female pseudohermaphrodite" and especially "true hermaphrodite". These terms, which reflected histology (microscopic appearance) of the gonads, are no longer used.] Until the mid-20th century, "hermaphrodite" was used synonymously with "intersex". Medical terminology shifted in the early 21st century, not only due to concerns about language, but also a shift to understandings based on genetics. The term "hermaphrodite" is also controversial as it implies the existence of someone fully male and fully female. This is a fantasy by certain people who seek "hermaphrodite" sex partners; in the Intersex movement, such people are called "wannafucks." As such the term "hermaphrodite" is often seen as degrading and offensive, although many intersex activists use it as a direct form of self empowerment and critique such as in the ISNA's first newsletter "Hermaphrodites with Attitude."'

The Intersex Society of North America has stated that hermaphrodites should not be confused with intersex people and that using "hermaphrodite" to refer to intersex individuals is considered to be stigmatizing and misleading.

Prevalence

Extract from a book
The standard treatment in cases of Androgen Insensitivity Syndrome and other intersex conditions was to lie to patients. This extract is from a book published in 1963.

Estimates of the number of people who are intersex vary, depending on which conditions are counted as intersex. The now-defunct Intersex Society of North America stated that:

If you ask experts at medical centers how often a child is born so noticeably atypical in terms of genitalia that a specialist in sex differentiation is called in, the number comes out to about 1 in 1500 to 1 in 2000 births [0.07–0.05%]. But a lot more people than that are born with subtler forms of sex anatomy variations, some of which won't show up until later in life.

Anne Fausto-Sterling and her co-authors broadly said in 2000 that "[a]dding the estimates of all known causes of nondimorphic sexual development suggests that approximately 1.7% of all live births do not conform to a Platonic ideal of absolute sex chromosome, gonadal, genital, and hormonal dimorphism"; these publications have been widely quoted by intersex activists. Of the 1.7%, 1.5% points (88% of those considered "nondimorphic sexual development" in this figure) consist of individuals with late onset congenital adrenal hyperplasia (LOCAH) which may be asymptomatic but can present after puberty and cause infertility.

In response to Fausto-Sterling, Leonard Sax estimated that the prevalence of intersex was about 0.018% of the world's population, after discounting several conditions including LOCAH, Klinefelter syndrome (47,XXY), Turner syndrome (45,X), the chromosomal variants of 47,XYY and 47,XXX, and vaginal agenesis. Sax reasons that in these conditions chromosomal sex is consistent with phenotypic sex and phenotype is classifiable as either male or female.

In a 2003 letter to the editor, political scientist Carrie Hull analyzed the data used by Fausto-Sterling and said the estimated intersex rate should instead have been 0.37%, due to many errors. In a response letter published simultaneously, Fausto-Sterling welcomed the additional analysis and said "I am not invested in a particular final estimate, only that there BE an estimate". A 2018 review reported that the number of births with ambiguous genitals is in the range of 0.02% to 0.05%.

Intersex Human Rights Australia says it maintains 1.7% as its preferred upper limit "despite its flaws", stating both that the estimate "encapsulates the entire population of people who are stigmatized – or risk stigmatization – due to innate sex characteristics," and that Sax's definitions exclude individuals who experience such stigma and who have helped to establish the intersex movement.

The following summarizes prevalences of traits that have been called intersex:

Prevalences of various conditions that have been called intersex
Intersex condition Sex specificity Approximate prevalence
Late onset congenital adrenal hyperplasia (nonclassical forms) Female (males are generally asymptomatic) One in 50–1,000 births (0.1–0.2% up to 1–2% depending on population)
Hypospadias Male One in 200–10,000 male births (0.01%–0.5%), prevalence estimates vary considerably
Klinefelter syndrome Male One in 500–1,000 male births (0.1–0.2%)
Trisomy X Female One in 1,000 female births (0.10%)
Turner syndrome Female One in 2,500 female births (0.04%)
Müllerian agenesis (of vagina, i.e., MRKH Syndrome) Female One in 4,500 female births (0.022%)
Vaginal atresia Female One in 5,000 female births (0.02%)
45,X/46,XY mosaicism Male One in 6,666 births (0.015%)
XYY syndrome Male One in 7,000 male births (0.0142%)
Congenital adrenal hyperplasia (classical forms) None (but virilization of female infants) One in 10,000–20,000 births (0.01–0.02%)
XXYY syndrome Male One in 18,000–40,000 male births (0.0025%–0.0055%)
XX male syndrome Male One in 20,000 male births (0.005%)
True hermaphroditism None One in 20,000 births (0.005%)
XY gonadal dysgenesis Phenotypic female One in 80,000 births (0.0013%)
Androgen insensitivity syndrome (complete and partial phenotypes) Genetic male One in 99,000 births (0.001%)
Idiopathic (no discernable medical cause) None One in 110,000 births (0.0009%)
Iatrogenic (caused by medical treatment, e.g., progestogen administered to pregnant mother) None No estimate
5-alpha-reductase deficiency Male No estimate
Aromatase excess syndrome None No estimate
Anorchia Male No estimate
Persistent Müllerian duct syndrome Male No estimate

Prevalences of specific conditions can vary across regions. In the Dominican Republic, 5-alpha-reductase deficiency is not uncommon in the town of Las Salinas, resulting in social acceptance of the intersex trait. Men with the trait are called "güevedoces" (Spanish for "eggs at twelve"). 12 out of 13 families had one or more male family members that carried the gene. The overall incidence for the town was 1 in every 90 males were carriers, with other males either non-carriers or non-affected carriers.

History

Hermaphroditus in a wall painting from Herculaneum (first half of the 1st century AD)
A Chola statue depicting Ardhanarishvara, a Hermaphroditus form of Shiva.

From early history, societies have been aware of intersex people. Some of the earliest evidence is found in mythology: the Greek historian Diodorus Siculus wrote of the mythological Hermaphroditus in the first century BC, who was "born with a physical body which is a combination of that of a man and that of a woman", and reputedly possessed supernatural properties. He also recounted the lives of Diophantus of Abae and Callon of Epidaurus. Ardhanarishvara, an androgynous composite form of male deity Shiva and female deity Parvati, originated in Kushan culture as far back as the first century AD. A statue depicting Ardhanarishvara is included in India's Meenakshi Temple; this statue clearly shows both male and female bodily elements.

Hippocrates (c. 460c. 370 BC Greek physician) and Galen (129 – c. 200/216 AD Roman physician, surgeon and philosopher) both viewed sex as a spectrum between men and women, with "many shades in between, including hermaphrodites, a perfect balance of male and female". Pliny the Elder (AD 23/24–79) the Roman naturalist described "those who are born of both sexes, whom we call hermaphrodites, at one time androgyni" (from the Greek andr-, "man," and gyn-, "woman"). Augustine (354 – 28 August 430 AD) the influential Catholic theologian wrote in The Literal Meaning of Genesis that humans were created in two sexes, despite "as happens in some births, in the case of what we call androgynes".

In medieval and early modern European societies, Roman law, post-classical canon law, and later common law, referred to a person's sex as male, female or hermaphrodite, with legal rights as male or female depending on the characteristics that appeared most dominant. The 12th century Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails". The foundation of common law, the 17th Century Institutes of the Lawes of England described how a hermaphrodite could inherit "either as male or female, according to that kind of sexe which doth prevaile." Legal cases have been described in canon law and elsewhere over the centuries.

Some non-European societies have sex or gender systems that recognize more than the two categories of male/man and female/woman. Some of these cultures, for instance the South-Asian Hijra communities, may include intersex people in a third gender category. Although–according to Morgan Holmes–early Western anthropologists categorized such cultures "primitive," Holmes has argued that analyses of these cultures have been simplistic or romanticized and fail to take account of the ways that subjects of all categories are treated.

During the Victorian era, medical authors introduced the terms "true hermaphrodite" for an individual who has both ovarian and testicular tissue, "male pseudo-hermaphrodite" for a person with testicular tissue, but either female or ambiguous sexual anatomy, and "female pseudo-hermaphrodite" for a person with ovarian tissue, but either male or ambiguous sexual anatomy. Some later shifts in terminology have reflected advances in genetics, while other shifts are suggested to be due to pejorative associations.

The term "intersexuality" was coined by Richard Goldschmidt in 1917. The first suggestion to replace the term "hermaphrodite" with "intersex" was made by Cawadias in the 1940s.

Since the rise of modern medical science, some intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble either female or male genitals. Surgeons pinpointed intersex babies as a "social emergency" when born. An 'optimal gender policy', initially developed by John Money, stated that early intervention helped avoid gender identity confusion, but this lacks evidence. Early interventions have adverse consequences for psychological and physical health. Since advances in surgery have made it possible for intersex conditions to be concealed, many people are not aware of how frequently intersex conditions arise in human beings or that they occur at all.

Dialogue between what were once antagonistic groups of activists and clinicians has led to only slight changes in medical policies and how intersex patients and their families are treated in some locations. In 2011, Christiane Völling became the first intersex person known to have successfully sued for damages in a case brought for non-consensual surgical intervention. In April 2015, Malta became the first country to outlaw non-consensual medical interventions to modify sex anatomy, including that of intersex people. Many civil society organizations and human rights institutions now call for an end to unnecessary "normalizing" interventions, including in the Malta declaration.

Human rights and legal issues

Intersex activists on a boat at Utrecht Canal Pride in the Netherlands on June 16, 2018

Human rights institutions are placing increasing scrutiny on harmful practices and issues of discrimination against intersex people. These issues have been addressed by a rapidly increasing number of international institutions including, in 2015, the Council of Europe, the United Nations Office of the United Nations High Commissioner for Human Rights and the World Health Organization (WHO). These developments have been accompanied by International Intersex Forums and increased cooperation amongst civil society organizations. However, the implementation, codification, and enforcement of intersex human rights in national legal systems remains slow.

Physical integrity and bodily autonomy

  Legal prohibition of non-consensual medical interventions
  Regulatory suspension of non-consensual medical interventions

Stigmatization and discrimination from birth may include infanticide, abandonment, and the stigmatization of families. The birth of an intersex child was often viewed as a curse or a sign of a witch mother, especially in parts of Africa. Abandonments and infanticides have been reported in Uganda, Kenya, South Asia, and China.

Infants, children and adolescents also experience "normalising" interventions on intersex persons that are medically unnecessary and the pathologisation of variations in sex characteristics. In countries where the human rights of intersex people have been studied, medical interventions to modify the sex characteristics of intersex people have still taken place without the consent of the intersex person. Interventions have been described by human rights defenders as a violation of many rights, including (but not limited to) bodily integrity, non-discrimination, privacy, and experimentation. These interventions have frequently been performed with the consent of the intersex person's parents, when the person is legally too young to consent. Such interventions have been criticized by the WHO, other UN bodies such as the Office of the High Commissioner for Human Rights, and an increasing number of regional and national institutions due to their adverse consequences, including trauma, impact on sexual function and sensation, and violation of rights to physical and mental integrity. The UN organizations decided that infant intervention should not be allowed, in favor of waiting for the child to mature enough to be a part of the decision-making – this allows for a decision to be made with total consent. In April 2015, Malta became the first country to outlaw surgical intervention without consent. In the same year, the Council of Europe became the first institution to state that intersex people have the right not to undergo sex affirmation interventions.

Anti-discrimination and equal treatment

  Explicit protection on grounds of sex characteristics
  Explicit protection on grounds of intersex status
  Explicit protection on grounds of intersex within attribute of sex

People born with intersex bodies are seen as different. Intersex infants, children, adolescents and adults "are often stigmatized and subjected to multiple human rights violations", including discrimination in education, healthcare, employment, sport, and public services. Several countries have so far explicitly protected intersex people from discrimination, with landmarks including South Africa, Australia, and, most comprehensively, Malta.

Remedies and claims for compensation

Claims for compensation and remedies for human rights abuses include the 2011 case of Christiane Völling in Germany. A second case was adjudicated in Chile in 2012, involving a child and his parents. A further successful case in Germany, taken by Michaela Raab, was reported in 2015. In the United States, the Minor Child (M.C. v Aaronson) lawsuit was "a medical malpractice case related to the informed consent for a surgery performed on the Crawford's adopted child (known as M.C.) at [Medical University of South Carolina] in April 2006". The case was one of the first lawsuit of its kind to challenge "legal, ethical, and medical issues regarding genital-normalizing surgery" in minors, and was eventually settled out of court by the Medical University of South Carolina for $440,000 in 2017.

Information and support

Access to information, medical records, peer and other counselling and support. With the rise of modern medical science in Western societies, a secrecy-based model was also adopted, in the belief that this was necessary to ensure normal physical and psychosocial development.

Legal recognition

The Asia Pacific Forum of National Human Rights Institutions states that legal recognition is firstly "about intersex people who have been issued a male or a female birth certificate being able to enjoy the same legal rights as other men and women." In some regions, obtaining any form of birth certification may be an issue. A Kenyan court case in 2014 established the right of an intersex boy, "Baby A", to a birth certificate.

Like all individuals, some intersex individuals may be raised as a certain sex (male or female) but then identify with another later in life, while most do not. Recognition of third sex or gender classifications occurs in several countries, However, it is controversial when it becomes assumed or coercive, as is the case with some German infants. Sociological research in Australia, a country with a third 'X' sex classification, shows that 19% of people born with atypical sex characteristics selected an "X" or "other" option, while 75% of survey respondents self-described as male or female (52% as women, 23% as men), and 6% as unsure.

LGBT and LGBTI

U.S. intersex activist Pidgeon Pagonis
ILGA conference 2018, group photo to mark Intersex Awareness Day

Intersex conditions can be contrasted with transgender gender identities and the attached gender dysphoria a transgender person may feel, wherein their gender identity does not match their assigned sex. However, some people are both intersex and transgender; though intersex people by definition have variable sex characteristics that do not align with either typically male or female, this may be considered separate to an individual's assigned gender, the way they are raised and perceived, and their internal gender identity. A 2012 clinical review paper found that between 8.5% and 20% of people with intersex variations experienced gender dysphoria. In an analysis of the use of preimplantation genetic diagnosis to eliminate intersex traits, Behrmann and Ravitsky state: "Parental choice against intersex may ... conceal biases against same-sex attractedness and gender nonconformity."

The relationship of intersex people and communities to LGBTQ communities is complex, but intersex people are often added to the LGBT acronym, resulting in the acronym LGBTI. Emi Koyama describes how inclusion of intersex in LGBTI can fail to address intersex-specific human rights issues, including creating false impressions "that intersex people's rights are protected" by laws protecting LGBT people, and failing to acknowledge that many intersex people are not LGBT. Organisation Intersex International Australia states that some intersex individuals are homosexual, and some are heterosexual, but "LGBTI activism has fought for the rights of people who fall outside of expected binary sex and gender norms." Julius Kaggwa of SIPD Uganda has written that, while the gay community "offers us a place of relative safety, it is also oblivious to our specific needs". Mauro Cabral has written that transgender people and organizations "need to stop approaching intersex issues as if they were trans issues", including use of intersex conditions and people as a means of explaining being transgender; "we can collaborate a lot with the intersex movement by making it clear how wrong that approach is".

In society

Fiction, literature and media

Kristi Bruce after shooting the documentary XXXY, 2000

An intersex character is the narrator in Jeffrey Eugenides' Pulitzer Prize-winning novel Middlesex.

The memoir, Born Both: An Intersex Life (Hachette Books, 2017), by intersex author and activist Hida Viloria, received strong praise from The New York Times Book Review, The Washington Post, Rolling Stone, People Magazine, and Psychology Today, was one of School Library Journal's 2017 Top Ten Adult Books for Teens, and was a 2018 Lambda Literary Award nominee.

Television works about intersex and films about intersex are scarce. The Spanish-language film XXY won the Critics' Week grand prize at the 2007 Cannes Film Festival and the ACID/CCAS Support Award. Faking It is notable for providing both the first intersex main character in a television show, and television's first intersex character played by an intersex actor.

Civil society institutions

Intersex peer support and advocacy organizations have existed since at least 1985, with the establishment of the Androgen Insensitivity Syndrome Support Group Australia in 1985. The Androgen Insensitivity Syndrome Support Group (UK) was established in 1988. The Intersex Society of North America (ISNA) may have been one of the first intersex civil society organizations to have been open to people regardless of diagnosis; it was active from 1993 to 2008.

Events

Intersex Awareness Day is an internationally observed civil awareness day designed to highlight the challenges faced by intersex people, occurring annually on 26 October. It marks the first public demonstration by intersex people, which took place in Boston on 26 October 1996, outside a venue where the American Academy of Pediatrics was holding its annual conference.

Intersex Day of Remembrance, also known as Intersex Solidarity Day, is an internationally observed civil awareness day designed to highlight issues faced by intersex people, occurring annually on 8 November. It marks the birthday of Herculine Barbin, a French intersex person whose memoirs were later published by Michel Foucault in Herculine Barbin: Being the Recently Discovered Memoirs of a Nineteenth-century French Hermaphrodite.

Flag

Intersex flag

The intersex flag was created in July 2013 by Morgan Carpenter of Intersex Human Rights Australia to create a flag "that is not derivative, but is yet firmly grounded in meaning". The circle is described as "unbroken and unornamented, symbolising wholeness and completeness, and our potentialities. We are still fighting for bodily autonomy and genital integrity, and this symbolises the right to be who and how we want to be."

Religion

In Judaism, the Talmud contains extensive discussion concerning the status of two types of intersex people in Jewish law; namely, the androgynous, who exhibit both male and female external sexual organs, and the tumtum, who exhibit neither. In the 1970s and 1980s, the treatment of intersex babies started to be discussed in Orthodox Jewish medical halacha by prominent rabbinic leaders, such as Eliezer Waldenberg and Moshe Feinstein.

Sport

Stanisława Walasiewicz in 1933

Erik Schinegger, Foekje Dillema, Maria José Martínez-Patiño and Santhi Soundarajan were subject to adverse sex verification testing resulting in ineligibility to compete in organised competitive competition. Stanisława Walasiewicz was posthumously ruled ineligible to have competed.

The South African middle-distance runner Caster Semenya won gold at the World Championships in the women's 800 metres and won silver in the 2012 Summer Olympics. When Semenya won gold in the World Championships, the International Association of Athletics Federations (IAAF) requested sex verification tests. The results were not released. Semenya was ruled eligible to compete.

Katrina Karkazis, Rebecca Jordan-Young, Georgiann Davis and Silvia Camporesi have claimed that IAAF policies on "hyperandrogenism" in female athletes are "significantly flawed", arguing that the policy does not protect against breaches of privacy, requires athletes to undergo unnecessary treatment in order to compete, and intensifies "gender policing", and recommended that athletes be able to compete in accordance with their legally-recognised gender.

In April 2014, the BMJ reported that four elite women athletes with XY chromosomes and 5-ARD were subjected to sterilization and "partial clitoridectomies" in order to compete in sport. The authors noted that partial clitoridectomy was "not medically indicated" and "does not relate to real or perceived athletic 'advantage'." Intersex advocates regarded this intervention as "a clearly coercive process". In 2016, the United Nations Special Rapporteur on health, Dainius Pūras, criticized "current and historic" sex verification policies, describing how "a number of athletes have undergone gonadectomy (removal of reproductive organs) and partial clitoridectomy (a form of female genital mutilation) in the absence of symptoms or health issues warranting those procedures."

Biology

The notion of intersex individuals can be understood in the context of sexual system biology that varies across different types of organisms. Most animal species (~95%, including humans) are gonochoric, in which individuals are of either a female or male sex. Hermaphroditic species (some animals and most flowering plants) are represented by individuals that can express both sexes simultaneously or sequentially during their lifetimes. Intersex individuals in a number of gonochoric species, who express both female and male phenotypic characters to some degree, are known to exist at very low prevalences.

Although "hermaphrodite" and "intersex" have been used synonymously in humans, a hermaphrodite is specifically an individual capable of producing female and male gametes. While there are reports of individuals that seemed to have the potential to produce both types of gamete, in more recent years the term hermaphrodite as applied to humans has fallen out of favor, since female and male reproductive functions have not been observed together in the same individual.

Medical

Research in the late 20th century led to a growing medical consensus that diverse intersex bodies are normal, but relatively rare, forms of human biology. Clinician and researcher Milton Diamond stresses the importance of care in the selection of language related to intersex people:

Foremost, we advocate use of the terms "typical", "usual", or "most frequent" where it is more common to use the term "normal." When possible avoid expressions like maldeveloped or undeveloped, errors of development, defective genitals, abnormal, or mistakes of nature. Emphasize that all of these conditions are biologically understandable while they are statistically uncommon.

Medical classifications

Sexual differentiation

The common pathway of sexual differentiation, where a productive human female has an XX chromosome pair, and a productive male has an XY pair, is relevant to the development of intersex conditions.

During fertilization, the sperm adds either an X (female) or a Y (male) chromosome to the X in the ovum. This determines the genetic sex of the embryo. During the first weeks of development, genetic male and female fetuses are "anatomically indistinguishable", with primitive gonads beginning to develop during approximately the sixth week of gestation. The gonads, in a bipotential state, may develop into either testes (the male gonads) or ovaries (the female gonads), depending on the consequent events. Up until and including the seventh week, genetically female and genetically male fetuses appear identical.

At around eight weeks of gestation, the gonads of an XY embryo differentiate into functional testes, secreting testosterone. Ovarian differentiation, for XX embryos, does not occur until approximately week 12 of gestation. In typical female differentiation, the Müllerian duct system develops into the uterus, Fallopian tubes, and inner third of the vagina. In males, the Müllerian duct-inhibiting hormone MIH causes this duct system to regress. Next, androgens cause the development of the Wolffian duct system, which develops into the vas deferens, seminal vesicles, and ejaculatory ducts. By birth, the typical fetus has been completely sexed male or female, meaning that the genetic sex (XY-male or XX-female) corresponds with the phenotypical sex; that is to say, genetic sex corresponds with internal and external gonads, and external appearance of the genitals.

Signs

There are a variety of symptoms that can occur. Ambiguous genitalia is the most common sign. There can be micropenis, clitoromegaly, partial labial fusion, electrolyte abnormalities, delayed or absent puberty, unexpected changes at puberty, hypospadias, labial or inguinal (groin) masses (which may turn out to be testes) in girls and undescended testes (which may turn out to be ovaries) in boys.

Ambiguous genitalia

Ambiguous genitalia may appear as a large clitoris or as a small penis.

The Quigley scale is a method for describing genital development in AIS.

Because there is variation in all of the processes of the development of the sex organs, a child can be born with a sexual anatomy that is typically female or feminine in appearance with a larger-than-average clitoris (clitoral hypertrophy) or typically male or masculine in appearance with a smaller-than-average penis that is open along the underside. The appearance may be quite ambiguous, describable as female genitals with a very large clitoris and partially fused labia, or as male genitals with a very small penis, completely open along the midline ("hypospadic"), and empty scrotum. Fertility is variable.

Measurement systems for ambiguous genitalia

The orchidometer is a medical instrument to measure the volume of the testicles. It was developed by Swiss pediatric endocrinologist Andrea Prader. The Prader scale and Quigley scale are visual rating systems that measure genital appearance. These measurement systems were satirized in the Phall-O-Meter, created by the (now defunct) Intersex Society of North America.

Other signs

In order to help in classification, methods other than a genitalia inspection can be performed. For instance, a karyotype display of a tissue sample may determine which of the causes of intersex is prevalent in the case. Additionally, electrolyte tests, endoscopic exam, ultrasound and hormone stimulation tests can be done.

Causes

Intersex can be divided into four categories which are: 46, XX intersex; 46, XY intersex; true gonadal intersex; and complex or undetermined intersex.

46, XX intersex

This condition used to be called "female pseudohermaphroditism". Persons with this condition have female internal genitalia and karyotype (XX) and various degree of external genitalia virilization. External genitalia is masculinized congenitally when female fetus is exposed to excess androgenic environment. Hence, the chromosome of the person is of a woman, the ovaries of a woman, but external genitals that appear like a male. The labia fuse, and the clitoris enlarges to appear like a penis. The causes of this can be male hormones taken during pregnancy, congenital adrenal hyperplasia, male-hormone-producing tumors in the mother and aromatase deficiency.

46, XY intersex

This condition used to be called "male pseudohermaphroditism". This is defined as incomplete masculinization of the external genitalia. Thus, the person has male chromosomes, but the external genitals are incompletely formed, ambiguous, or clearly female. This condition is also called 46, XY with undervirilization. 46, XY intersex has many possible causes, which can be problems with the testes and testosterone formation. Also, there can be problems with using testosterone. Some people lack the enzyme needed to convert testosterone to dihydrotestosterone, which is a cause of 5-alpha-reductase deficiency. Androgen insensitivity syndrome is the most common cause of 46, XY intersex.

True gonadal intersex

This condition used to be called "true hermaphroditism". This is defined as having asymmetrical gonads with ovarian and testicular differentiation on either sides separately or combined as ovotestis. In most cases, the cause of this condition is unknown.

Complex or undetermined intersex

This is the condition of having any chromosome configurations rather than 46, XX or 46, XY intersex. This condition does not result in an imbalance between internal and external genitalia. However, there may be problems with sex hormone levels, overall sexual development, and altered numbers of sex chromosomes.

Conditions

There are a variety of opinions on what conditions or traits are and are not intersex, dependent on the definition of intersex that is used. Current human rights based definitions stress a broad diversity of sex characteristics that differ from expectations for male or female bodies. During 2015, the Council of Europe, the European Union Agency for Fundamental Rights and Inter-American Commission on Human Rights have called for a review of medical classifications on the basis that they presently impede enjoyment of the right to health; the Council of Europe expressed concern that "the gap between the expectations of human rights organisations of intersex people and the development of medical classifications has possibly widened over the past decade".

Medical interventions

Hong Kong intersex activist Small Luk

Rationales

Medical interventions take place to address physical health concerns and psychosocial risks. Both types of rationale are the subject of debate, particularly as the consequences of surgical (and many hormonal) interventions are lifelong and irreversible. Questions regarding physical health include accurately assessing risk levels, necessity, and timing. Psychosocial rationales are particularly susceptible to questions of necessity as they reflect social and cultural concerns.

There remains no clinical consensus about an evidence base, surgical timing, necessity, type of surgical intervention, and degree of difference warranting intervention. Such surgeries are the subject of significant contention due to consequences that include trauma, impact on sexual function and sensation, and violation of rights to physical and mental integrity. This includes community activism, and multiple reports by international human rights and health institutions and national ethics bodies.

In the cases where gonads may pose a cancer risk, as in some cases of androgen insensitivity syndrome, concern has been expressed that treatment rationales and decision-making regarding cancer risk may encapsulate decisions around a desire for surgical "normalization".

Types

  • Feminizing and masculinizing surgeries: Surgical procedures depend on the diagnosis, and there is often a concern as to whether surgery should be performed at all. Typically, surgery is performed shortly after birth. Defenders of the practice argue that individuals must be clearly identified as male or female for them to function socially and develop "normally". Psychosocial reasons are often stated. This is criticised by many human rights institutions, and authors. Unlike other aesthetic surgical procedures performed on infants, such as corrective surgery for a cleft lip, genital surgery may lead to negative consequences for sexual functioning in later life, or feelings of freakishness and unacceptability.
  • Hormone treatment: There is widespread evidence of prenatal testing and hormone treatment to prevent or eliminate intersex traits, associated also with the problematization of sexual orientation and gender non-conformity.
  • Psychosocial support: All stakeholders support psychosocial support. A joint international statement by participants at the Third International Intersex Forum in 2013 sought, amongst other demands: "Recognition that medicalization and stigmatisation of intersex people result in significant trauma and mental health concerns. In view of ensuring the bodily integrity and well-being of intersex people, autonomous non-pathologising psycho-social and peer support be available to intersex people throughout their life (as self-required), as well as to parents and/or care providers."
  • Genetic selection and terminations: The ethics of preimplantation genetic diagnosis to select against intersex traits was the subject of 11 papers in the October 2013 issue of the American Journal of Bioethics. There is widespread evidence of pregnancy terminations arising from prenatal testing, as well as prenatal hormone treatment to prevent intersex traits. Behrmann and Ravitsky find social concepts of sex, gender and sexual orientation to be "intertwined on many levels. Parental choice against intersex may thus conceal biases against same-sex attractedness and gender nonconformity."
  • Medical display. Photographs of intersex children's genitalia are circulated in medical communities for documentary purposes, and individuals with intersex traits may be subjected to repeated genital examinations and display to medical teams. Problems associated with experiences of medical photography of intersex children have been discussed along with their ethics, control and usage. "The experience of being photographed has exemplified for many people with intersex conditions the powerlessness and humiliation felt during medical investigations and interventions".
  • Gender dysphoria: The DSM-5 included a change from using gender identity disorder to gender dysphoria. This revised code now specifically includes intersex people who do not identify with their sex assigned at birth and experience clinically significant distress or impairment, using the language of disorders of sex development.
  • Politics of Europe

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