The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. The first one, issued September 22, 1862, declared the freedom of all slaves in any state of the Confederate States of America that did not return to Union control by January 1, 1863. The second order, issued January 1, 1863, named ten specific states where it would apply. Lincoln issued the Executive Order by his authority as "Commander in Chief of the Army and Navy" under Article II, section 2 of the United States Constitution.
The Emancipation Proclamation was criticized at the time for freeing only the slaves over which the Union had no power. Although most slaves were not freed immediately, the Proclamation brought freedom to thousands of slaves the day it went into effect in parts of nine of the ten states to which it applied (Texas being the exception).
Additionally, the Proclamation provided the legal framework for the emancipation of nearly all four million slaves as the Union armies advanced, and committed the Union to ending slavery, which was a controversial decision even in the North. The proclamation did not name the border states of Kentucky, Missouri, Maryland, or Delaware, which had never declared a secession, and so it did not free any slaves there. The state of Tennessee had already mostly returned to Union control, so it also was not named and was exempted. Virginia was named, but exemptions were specified for the 48 counties that were in the process of forming West Virginia, as well as seven other named counties and two cities. Also specifically exempted were New Orleans and thirteen named parishes of Louisiana, all of which were also already mostly under Federal control at the time of the Proclamation.
However, in other Union-occupied areas of Confederate states besides Tennessee, the Proclamation went into immediate effect and at least 20,000 slaves were freed at once on January 1, 1863. Hearing of the Proclamation, more slaves quickly escaped to Union lines as the Army units moved South. As the Union armies conquered the Confederacy, thousands of slaves were freed each day until nearly all (approximately 4 million, according to the 1860 census) were freed by July 1865.
Near the end of the war, abolitionists were concerned that while the Proclamation had freed most slaves as a war measure, it had not made slavery illegal. Several former slave states had already passed legislation prohibiting slavery; however, in a few states, slavery continued to be legal, and to exist, until December 18, 1865, when the Thirteenth Amendment was enacted.
Background
The Fugitive Slave Law of 1850 required individuals to return runaway slaves to their owners. During the war, Union generals such as Benjamin Butler, declared that slaves in occupied areas were contraband of war and accordingly refused to return them. This decision was controversial because it implied recognition of the Confederacy as a separate nation under international law, a notion that Lincoln steadfastly denied. As a result, he did not promote the contraband designation. Some generals also declared the slaves under their jurisdiction to be free and were replaced when they refused to rescind such declarations.
The Republicans moved gradually toward ending slavery. On March 13, 1862, Lincoln forbade Union Army officers from returning fugitive slaves. On April 10, 1862, Congress declared that the federal government would compensate slave owners who freed their slaves. Slaves in the District of Columbia were freed on April 16, 1862 and their owners were compensated. On June 19, 1862, Congress prohibited slavery in United States territories. By this act, they opposed the 1857 ruling of the Supreme Court of the United States in the Dred Scott Case that Congress was powerless to regulate slavery in U.S. territories.
In January 1862, Thaddeus Stevens, the Republican leader in the House, called for total war against the rebellion to include emancipation of slaves, arguing that emancipation, by forcing the loss of enslaved labor, would ruin the rebel economy. In July 1862, Congress passed and Lincoln signed the "Second Confiscation Act." It liberated slaves held by "rebels". It provided:
SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court....
SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the government of the United States; and all slaves of such person found or being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.Abolitionists had long been urging Lincoln to free all slaves. A mass rally in Chicago on September 7, 1862, demanded an immediate and universal emancipation of slaves. A delegation headed by William W. Patton met the President at the White House on September 13. Lincoln had declared in peacetime that he had no constitutional authority to free the slaves. Even used as a war power, emancipation was a risky political act. Public opinion as a whole was against it. There would be strong opposition among Copperhead Democrats and an uncertain reaction from loyal border states. Delaware and Maryland already had a high percentage of free blacks: 91.2% and 49.7%, respectively, in 1860.
Lincoln first discussed the proclamation with his cabinet in July 1862. He believed he needed a Union victory on the battlefield so his decision would appear positive and strong. The Battle of Antietam, in which Union troops turned back a Confederate invasion of Maryland, gave him the opportunity to issue a preliminary proclamation on September 22, 1862. Lincoln had first shown an early draft of the proclamation to his Vice president Hannibal Hamlin, an ardent abolitionist, who was more often kept in the dark on presidential decisions. The final proclamation was issued January 1, 1863. Although implicitly granted authority by Congress, Lincoln used his powers as Commander-in-Chief of the Army and Navy, "as a necessary war measure" as the basis of the proclamation, rather than the equivalent of a statute enacted by Congress or a constitutional amendment.
Initially, the Emancipation Proclamation effectively freed only a small percentage of the slaves, those who were behind Union lines in areas not exempted. Most slaves were still behind Confederate lines or in exempted Union-occupied areas. Secretary of State William H. Seward commented, "We show our sympathy with slavery by emancipating slaves where we cannot reach them and holding them in bondage where we can set them free." Had any slave state ended its secession attempt before January 1, 1863, it could have kept slavery, at least temporarily. The Proclamation only gave Lincoln the legal basis to free the slaves in the areas of the South that were still in rebellion. However, it also took effect as the Union armies advanced into the Confederacy.
The Emancipation Proclamation also allowed for the enrollment of freed slaves into the United States military. During the war nearly 200,000 blacks, most of them ex-slaves, joined the Union Army. Their contributions gave the North additional manpower that was significant in winning the war. The Confederacy did not allow slaves in their army as soldiers until the final months before its defeat.
Though the counties of Virginia that were soon to form West Virginia were specifically exempted from the Proclamation (Jefferson County being the only exception), a condition of the state's admittance to the Union was that its constitution provide for the gradual abolition of slavery. Slaves in the border states of Maryland and Missouri were also emancipated by separate state action before the Civil War ended. In Maryland, a new state constitution abolishing slavery in the state went into effect on November 1, 1864. In early 1865, Tennessee adopted an amendment to its constitution prohibiting slavery. Slaves in Kentucky and Delaware were not emancipated until the Thirteenth Amendment was ratified.
Implementation
The Proclamation was issued in two parts. The first part, issued on September 22, 1862
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