The Lincoln administration wrestled with the idea of authorizing the recruitment of black troops, concerned that such a move would prompt the border states to secede. When Gen. John C. Frémont in Missouri and Gen. David Hunter in South Carolina issued proclamations that emancipated slaves in their military regions and permitted them to enlist, their superiors sternly revoked their orders. By mid-1862, however, the escalating number of former slaves (contrabands), the declining number of white volunteers, and the increasingly pressing personnel needs of the Union Army pushed the Government into reconsidering the ban.

As a result, on July 17, 1862, Congress passed the Second Confiscation and Militia Act, freeing slaves who had masters in the Confederate Army. Two days later, slavery was abolished in the territories of the United States, and on July 22 President Lincoln (photo citation: 111-B-2323) presented the preliminary draft of the Emancipation Proclamation to his Cabinet. After the Union Army turned back Lee's first invasion of the North at Antietam, MD, and the Emancipation Proclamation was subsequently announced, black recruitment was pursued in earnest. Volunteers from South Carolina, Tennessee, and Massachusetts filled the first authorized black regiments. Recruitment was slow until black leaders such as Frederick Douglass encouraged black men to become soldiers to ensure eventual full citizenship. (Two of Douglass's own sons contributed to the war effort.) Volunteers began to respond, and in May 1863 the Government established the Bureau of Colored Troops to manage the burgeoning numbers of black soldiers.