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21 pp. (8vo) original pale yellow wrappers printed in black. First Printing.

Lincoln issued a preliminary Emancipation Proclamation in September 1862, four months before his historic Executive Order of January 1863. During that hiatus, American legal experts debated whether the President had the authority to abolish slavery by presidential mandate. Kirkland, a respected New York attorney, was one of three influential lawyers to publish arguments in support of that authority. Kirkland’s “Letter” is dated November 28; this first printing was probably rushed into print in a limited edition, one copy being immediately transmitted to the White House. Lincoln himself wrote to Kirkland on December 7: “I have just received and have read your published letter to the Hon. Benjamin R. Curtis. Under the circumstances I may not be the most competent judge, but it appears to be a paper of great ability and for the country's sake more than for my own, I thank you for it.” Ida Tarbell notes that Lincoln “attached great weight to Kirkland’s letter, which defended the President against charges of ‘usurpation’ and use of ‘arbitrary power’”. After the final Emancipation Proclamation was issued 3 weeks later, on January 1, 1863, Kirkland’s pamphlet was reprinted in a larger edition. But this first printing – the one which Lincoln himself read – is scarce.