The Constitution To The Emancipation Proclamation: A Historical Gap

how long between the constitution and the emancipation proclomation

The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, declared that all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free. This proclamation was made during the nation's third year of civil war and was limited in scope, applying only to states that had seceded from the Union. The Constitution of 1787, on the other hand, was adopted 76 years earlier and included several provisions regarding unfree persons without explicitly mentioning slavery. The time gap between these two significant documents in American history, the Constitution, and the Emancipation Proclamation, is approximately seven decades, during which the institution of slavery and the country's stance on it evolved.

Characteristics Values
Date of the signing of the Emancipation Proclamation January 1, 1863
Date of the US Constitution 1787
Time between the two 76 years
Issuer of the Emancipation Proclamation President Abraham Lincoln
States affected by the proclamation 10 rebellious states not controlled by Union forces
States exempted from the proclamation 4 Union states
Number of slaves affected by the proclamation 3.5 million out of 4 million enslaved people in the country
Number of slaves immediately emancipated 25,000 to 75,000
Amendment that abolished slavery 13th Amendment
Date of the passage of the 13th Amendment in the Senate April 8, 1864
Date of the passage of the 13th Amendment in the House of Representatives January 31, 1865
Date of the ratification of the 13th Amendment December 6, 1865

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The Emancipation Proclamation was issued on January 1, 1863

The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, was a pivotal moment in American history, fundamentally transforming the nature of the Civil War and setting the stage for the end of slavery in the nation. As the country entered its third year of a bloody civil war, Lincoln, under his authority as "Commander-in-Chief of the Army and Navy," took a bold step towards emancipation.

The proclamation declared that "all persons held as slaves within said designated States, and parts of States... are, and henceforward shall be free." This applied to more than 3.5 million of the 4 million enslaved people in the country, with immediate emancipation for those in regions of the Confederacy where the US Army was already present. Lincoln's action was a military measure, and as such, it had limitations. It only applied to states that had seceded from the Union, leaving slavery in place in border states loyal to the Union and certain parts of the Confederacy under Northern control.

The freedom it promised was contingent upon Union military victory. While it didn't immediately abolish slavery across the nation, the proclamation inspired Black people, particularly those in the Confederacy, to support the Union cause. It also served as a powerful symbol, capturing the hearts and imaginations of millions of Americans. Lincoln's preliminary Emancipation Proclamation, issued on September 22, 1862, warned the Confederate states that if they didn't return to the Union by January 1, 1863, he would issue a proclamation freeing their slaves.

Lincoln's issuance of the final Emancipation Proclamation on January 1, 1863, marked a significant shift in the Union's objectives, making the end of slavery one of its primary goals. This proclamation also allowed freed slaves to join the Union Army and Navy, empowering them to become liberators themselves. The document, originally bound with other proclamations, is now preserved in the National Archives in Washington, DC, a testament to its historical significance.

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Lincoln's edict was not a legislative act

The Emancipation Proclamation was issued by President Abraham Lincoln on January 1, 1863, as the nation approached its third year of civil war. Lincoln issued the proclamation under his authority as "Commander-in-Chief of the Army and Navy" under Article II, Section 2 of the United States Constitution.

While the proclamation declared that all persons held as slaves within the rebellious states "are, and henceforward shall be free", it was not a legislative act in itself. Instead, it was a presidential proclamation and executive order. In other words, it was a military measure taken by Lincoln as Commander-in-Chief during a time of war.

The proclamation was limited in scope and application. It applied only to states that had seceded from the Union, leaving slavery in place in the loyal border states. It also expressly exempted parts of the Confederacy that had already come under Union control. Most importantly, the freedom it promised was contingent upon a Union military victory. As such, the proclamation did not end slavery in the nation, but it did transform the character of the war.

Lincoln recognized that the proclamation was limited and that further action was needed to abolish slavery entirely. He pushed for the passage of the 13th Amendment, which made slavery and involuntary servitude unconstitutional. The amendment was passed by the Senate on April 8, 1864, and by the House of Representatives on January 31, 1865, before being ratified by the required three-fourths of the states on December 6, 1865.

In summary, while the Emancipation Proclamation was a significant step towards the abolition of slavery, it was not a legislative act. It was a military measure taken by Lincoln as Commander-in-Chief, and it required further legislative action, such as the 13th Amendment, to fully abolish slavery in the United States.

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The proclamation did not end slavery in the nation

The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, declared that "all persons held as slaves within said designated States, and parts of States... are, and henceforward shall be free". Despite its sweeping language, the proclamation did not end slavery in the nation.

Firstly, the Emancipation Proclamation was limited in scope. It applied only to states that had seceded from the Union, leaving slavery untouched in the loyal border states. This included states like Maryland, Missouri, Tennessee, and West Virginia, which prohibited slavery before the war ended. Additionally, it expressly exempted parts of the Confederacy (the Southern secessionist states) that had already come under Northern control.

Secondly, the freedom promised by the Emancipation Proclamation depended upon Union military victory. In practice, this meant that as Union armies advanced through the South, slaves escaped to Union lines or their owners fled, leaving slaves behind. The Proclamation provided the legal framework for the liberation of more than 3.5 million enslaved people in those regions by the end of the war. However, it could not be enforced in areas still under Confederate control.

Thirdly, while the Proclamation changed the legal status of enslaved African Americans in the Confederate states, it did not make slavery illegal. Slavery was still supported in law and practice by a pervasive culture of white supremacy. The 13th Amendment, which made slavery and involuntary servitude unconstitutional, was not passed until 1865, after the end of the Civil War.

Finally, the Emancipation Proclamation was a military measure, issued under Lincoln's authority as "Commander in Chief of the Army and Navy". It was designed to inspire all Black people, especially enslaved people in the Confederacy, to support the Union cause and to undermine support for the Confederacy from foreign nations like England and France. As such, it served a strategic purpose in the Civil War, fundamentally transforming the character of the conflict.

In conclusion, while the Emancipation Proclamation played a significant part in the end of slavery in the United States, it did not immediately abolish the practice nationwide. The proclamation's impact was dependent on the outcome of the Civil War and the actions of Union armies in enforcing emancipation in Confederate regions. The legal abolition of slavery would only be achieved with the passage of the 13th Amendment following the Union's victory.

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The proclamation was limited to certain states

The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, declared that "all persons held as slaves within said designated States, and parts of States...are, and henceforward shall be free". Despite this, the proclamation was limited in many ways.

Firstly, it only applied to states that had seceded from the Union, leaving slavery untouched in the loyal border states. This meant that it excluded states not in rebellion, as well as parts of Louisiana and Virginia under Union control. For example, Maryland, Missouri, Tennessee, and West Virginia prohibited slavery before the war ended, but were exempted from the Emancipation Proclamation.

Secondly, the proclamation expressly exempted parts of the Confederacy that had already come under Northern control. This included states such as Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia, as well as specific counties within these states.

Thirdly, the freedom promised by the proclamation depended upon Union military victory. This meant that the advance of federal troops was necessary to expand the domain of freedom. As a result, the proclamation was seen primarily as a military measure, with the goal of inspiring Black people, especially enslaved people in the Confederacy, to support the Union cause.

In conclusion, while the Emancipation Proclamation declared the freedom of all enslaved people within certain designated states and parts of states, it was limited in scope and did not end slavery nationwide. The proclamation's impact was dependent on military victories and the advance of federal troops, and it excluded several states and regions from its provisions.

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The 13th Amendment ensured abolition of slavery

The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, declared that "all persons held as slaves within said designated States, and parts of States [...] are, and henceforward shall be free." Despite its powerful wording, the proclamation was limited in scope and did not end slavery across the nation. It applied only to states that had seceded from the Union, exempting the loyal border states and certain parts of the Confederacy under Union control. Moreover, the freedom it promised was contingent upon a Union military victory.

The 13th Amendment, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States once and for all. It changed a portion of Article IV, Section 2 of the Constitution, stating, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." This amendment ensured that abolition was beyond legal challenge and that slavery would not be shielded from constitutional amendment, as had been proposed by the Corwin Amendment.

President Lincoln recognised that the Emancipation Proclamation was a military measure and that a constitutional amendment was necessary to guarantee the permanent abolishment of slavery. The 13th Amendment fulfilled this purpose, making slavery and involuntary servitude unconstitutional and expanding the civil rights of Americans. It was one of three Civil War amendments, along with the 14th and 15th Amendments, that transformed the nation's commitment to freedom and equality.

The journey towards the abolition of slavery in the United States was a long and arduous one. Between 1777 and 1804, every Northern state provided for the immediate or gradual abolition of slavery, but no Southern state did so. The American Colonization Society, an alliance of abolitionists and slaveholders, called for the emigration of both free blacks and slaves to Africa, reflecting the complexities of the time. Proposals to end slavery through constitutional amendment were introduced as early as 1818 by Representative Arthur Livermore, but they failed to gain traction. It was not until the Civil War and Lincoln's leadership that the nation took decisive steps towards emancipation.

The 13th Amendment was a pivotal moment in American history, enshrining the abolition of slavery in the Constitution and ensuring that the nation's laws and values aligned with the principles of liberty and justice. It served as a foundation for further advancements in civil rights and a reminder of the enduring struggle for freedom and equality.

Frequently asked questions

76 years. The US Constitution was written in 1787 and the Emancipation Proclamation was issued on January 1, 1863.

The Emancipation Proclamation declared that "all persons held as slaves within said designated States, and parts of States...are, and henceforward shall be free". It was issued by President Abraham Lincoln during the third year of the American Civil War.

No. The Emancipation Proclamation only applied to states that had seceded from the Union, leaving slavery in place in the loyal border states. It also did not apply to parts of the Confederacy that were already under Union control. The freedom it promised depended on a Union military victory.

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