
Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, as the nation approached its third year of civil war. The proclamation declared that all persons held as slaves within any state or states, wherein the constitutional authority of the United States shall not then be practically recognized, submitted to, and maintained, shall then, thenceforward, and forever, be free. While Lincoln personally abhorred slavery, he felt confined by his constitutional authority as president to challenge slavery only in the context of necessary war measures. Lincoln justified the proclamation as a military measure, and it was issued under his authority as 'Commander in Chief of the Army and Navy' under Article II, Section 2 of the United States Constitution.
| Characteristics | Values |
|---|---|
| Lincoln's argument for the legality of the proclamation | Lincoln argued that the proclamation was a military measure and therefore legal under his authority as ["Commander in Chief of the Army and Navy"] under Article II, Section 2 of the US Constitution |
| Lincoln's personal beliefs | Lincoln personally abhorred slavery but felt confined by his constitutional authority as president to challenge slavery only in the context of necessary war measures |
| Lincoln's intentions | Lincoln intended to prevent England and France from intervening on the side of the Confederacy, to keep the slave states that remained in the Union from leaving, and to throw a bone to the abolitionists |
| Lincoln's actions | Lincoln freed slaves of all owners residing in geographic areas engaged in rebellion, encouraged border states to adopt abolition, and pushed for the passage of the 13th Amendment |
| Limitations of the proclamation | The proclamation did not end slavery in the nation, it only applied to states that had seceded from the Union, and it expressly exempted parts of the Confederacy that had already come under Union control |
| Reactions to the proclamation | The proclamation was celebrated by African Americans in Philadelphia, but it was also criticized by some as "unnecessary, unwise and ill-timed, impracticable, outside the constitution and full of mischief" |
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What You'll Learn

Lincoln's war powers
Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, as the nation approached its third year of civil war. The proclamation declared that "all persons held as slaves within the rebellious areas are, and henceforward shall be free". Lincoln's war powers, as Commander in Chief of the Army and Navy, allowed him to issue the proclamation under Article II, Section 2 of the United States Constitution. Lincoln justified the proclamation as a military measure, necessary for the war effort.
The Emancipation Proclamation was never challenged in court, and it played a crucial role in transforming the character of the Civil War. It added moral force to the Union cause, inspiring Black people and enslaved individuals in the Confederacy to support the Union. Lincoln's war powers allowed him to accept Black men into the Union Army and Navy, with nearly 200,000 Black soldiers and sailors fighting for the Union by the end of the war.
While the Emancipation Proclamation did not end slavery nationwide, it was a significant milestone in the long process of abolition. Lincoln also pushed for the passage of the 13th Amendment, which made slavery and involuntary servitude unconstitutional, completing the legal process of abolition that Lincoln had initiated with his war powers.
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The Dred Scott decision
Abraham Lincoln's Emancipation Proclamation was a significant milestone in the process of ending legal slavery in the United States. Lincoln personally abhorred slavery, but he felt restricted by his constitutional authority as president to challenge it only within the context of necessary war measures. Lincoln's fear was that any move towards ending slavery would lead to the secession of slave states, so the Emancipation Proclamation was a compromise measure. It was also a strategic move to prevent England and France from intervening on the side of the Confederacy.
The Supreme Court's decision in the Dred Scott case was highly controversial and had far-reaching implications. The Court ruled that enslaved people were not citizens of the United States and, therefore, could not expect protection from the federal government or the courts. This decision, known as one of the worst in the Supreme Court's history, effectively nationalized slavery and deepened the divide between pro-slavery and anti-slavery states. The Court also invalidated the Missouri Compromise, which had prohibited slavery in territories north of the 36°30′ parallel, on the grounds that it interfered with slave owners' property rights under the Fifth Amendment.
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The Union
Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, as the nation approached its third year of civil war. The proclamation declared that "all persons held as slaves" within the rebellious states "are, and henceforward shall be free".
Lincoln's justification for the proclamation was twofold. Firstly, he argued that it was a necessary military measure. In a letter to Albert G. Hodges, editor of the Commonwealth newspaper in Frankfort, Kentucky, Lincoln was careful to distinguish his own opinions from the actions he felt constitutionally justified in taking. Lincoln also stated that he issued the proclamation "on purpose to aid you in saving the Union".
Secondly, Lincoln believed that the proclamation was warranted by the Constitution. Lincoln accepted the conventional interpretation of the Constitution as limiting the federal government's power to end slavery in peacetime and committing the issue to individual states. However, during the Civil War, Lincoln issued the Emancipation Proclamation under 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 never challenged in court. However, it was controversial and was criticised by some as "unnecessary, unwise and ill-timed, impracticable, outside the constitution and full of mischief". Nonetheless, it was an important milestone in the long process of ending legal slavery in the United States.
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The 13th Amendment
Lincoln's Preliminary Emancipation Proclamation, issued on September 22, 1862, stated that enslaved people in those states or parts of states still in rebellion as of January 1, 1863, would be declared free. This proclamation was a military measure that changed the goals of the Civil War between the North and South. Lincoln hoped to inspire all Black people, especially enslaved people in the Confederacy, to support the Union cause and prevent foreign intervention.
The Final Emancipation Proclamation, issued on January 1, 1863, declared that "all persons held as slaves within any state or states, wherein the constitutional authority of the United States shall not then be practically recognised, submitted to, and maintained, shall then, thenceforward, and forever, be free." Lincoln freed the slaves of all owners residing in geographic areas engaged in rebellion as a fit and necessary military measure.
Lincoln's actions suggest that he continued to consider saving the Union without freeing any slaves as a possibility. He sent personal envoys to Louisiana, Tennessee, and Arkansas, carrying letters stating that if the people of their state wanted to avoid the terms of the Final Emancipation Proclamation, they should vote for members of Congress friendly to their cause. However, Lincoln also pushed for the passage of the 13th Amendment to ensure the abolition of slavery in all of the United States.
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International diplomacy
Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, as the American Civil War approached its third year. The proclamation declared that "all persons held as slaves within any state or states, wherein the constitutional authority of the United States shall not then be practically recognized, submitted to, and maintained, shall then, thenceforward, and forever, be free".
Lincoln's argument for the constitutionality of the Emancipation Proclamation was based on his authority as "'Commander in Chief of the Army and Navy' under Article II, Section 2 of the United States Constitution. He justified the proclamation as a "fit and necessary military measure" during wartime. This argument was crucial to his claim of legal authority for emancipation, as slavery was protected by the Constitution in peacetime, and the issue was left to individual states.
Lincoln also believed that the proclamation was necessary to prevent foreign intervention in the Civil War. By making the war about the moral issue of slavery, he knew that any nation that recognised or assisted the Confederacy would be viewed as supporting slavery, an increasingly outdated view in Europe. This strategy helped to keep England and France from intervening on the side of the Confederacy and added moral force to the Union cause.
The Emancipation Proclamation was never challenged in court. However, Lincoln continued to face opposition to the proclamation from within the Union, including from border states where slavery was still legal. To ensure the abolition of slavery throughout the US, Lincoln insisted that Reconstruction plans for Southern states required them to enact laws abolishing slavery. He also encouraged border states to adopt abolition and pushed for the passage of the 13th Amendment, which made slavery and involuntary servitude unconstitutional.
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Frequently asked questions
Lincoln personally abhorred slavery.
The Emancipation Proclamation was an official statement issued by President Abraham Lincoln on January 1, 1863, declaring that all persons held as slaves within the rebellious states were to be freed.
The Emancipation Proclamation transformed the character of the Civil War by adding moral force to the Union cause and strengthening the Union both militarily and politically.
Lincoln issued the Emancipation Proclamation to prevent England and France from giving political recognition and military aid to the Confederacy.
Lincoln believed that the only way to free the slaves was as a tactic of war, not as the mission itself. He invoked the considerate judgment of mankind and the gracious favor of Almighty God to justify his actions.

























