Malcolm Rivera
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring that all persons held as slaves within the rebellious states shall be thenceforward, and forever, free. Despite its bold wording, the proclamation was limited in scope, applying only to states that had seceded from the Union and exempting parts of the Confederacy already under Northern control. Lincoln issued the proclamation as a military measure, using his powers as Commander-in-Chief, and it was not equivalent to a statute enacted by Congress or a constitutional amendment. The proclamation's constitutionality was a live issue, with critics arguing Lincoln overstepped his authority and supporters citing the law of war. Lincoln himself acknowledged the proclamation's constitutional boundaries, viewing it as a necessary war measure to preserve the Union. The proclamation was a milestone in the destruction of slavery, but it did not end the practice, and Lincoln and Congress worked to enact the 13th Amendment to abolish slavery constitutionally.
| Characteristics | Values |
|---|---|
| Lincoln's powers as Commander-in-Chief | Lincoln used his powers as Commander-in-Chief of the Army and Navy to issue the proclamation as a necessary war measure. |
| Legal vulnerabilities | The proclamation's legal vulnerabilities made the Thirteenth Amendment possible and necessary. |
| Lincoln's shifting positions | Lincoln justified his shifting positions in a letter to Albert Hodges, stating that he had always hated slavery, but his constitutionally-required oath to preserve the Constitution imposed a duty to preserve the Union. |
| Criticism | Critics argued that the president could not make law by decree, and that the president did not possess war powers. |
| Support | Supporters cited United States v. Brown, in which Chief Justice John Marshall stated that "war gives to the sovereign full right to take the persons and property of the enemy, wherever found." |
| Abolitionist pressure | Abolitionists and radical Republicans pressured Lincoln to issue an Emancipation Proclamation. |
| Lincoln's views on slavery | 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 draft response | Lincoln distinguished his own opinions from the actions he felt constitutionally justified in taking. |
Explore related products
What You'll Learn
Lincoln's power to issue the proclamation
Lincoln's power to issue the Emancipation Proclamation was questioned by some of his contemporaries, who advanced various arguments against it. For example, some argued that the president could confiscate slaves that came into Union lines, but could not constitutionally deprive slave owners of property beyond those lines. Others claimed that the president did not possess war powers, or that even if he did, they could not be exercised outside the theatres of operation or against those who did not support the Confederacy.
Lincoln himself was aware of the Proclamation's legal vulnerabilities and knew that emancipation would have no constitutional basis after the war ended. He also understood that the Constitution did not give the federal government the power to abolish slavery in the states where it already existed, only to prevent its establishment in new territories. Lincoln had always hated slavery, but he did not believe that the Presidency gave him the unrestricted right to act on his personal judgment and feelings. He was also concerned about the reactions of those in the loyal border states where slavery was still legal.
However, Lincoln justified his actions by arguing that his constitutionally required oath to preserve the Constitution imposed a duty to preserve the Union by every indispensable means. He also cited the law of war, which states that "war gives to the sovereign full right to take the persons and property of the enemy, wherever found." This argument was supported by Chief Justice John Marshall and John Quincy Adams.
The Proclamation was a bold step that changed the goals of the war and captured the hearts and imaginations of millions of Americans, fundamentally transforming the character of the conflict. It also contributed to the destruction of slavery by allowing for the enrollment of freed slaves into the United States military.
Fat Facts: How Many Grams for Low-Fat Dieting?
You may want to see also
The proclamation as a military measure
The Emancipation Proclamation was a military measure issued by President Abraham Lincoln on January 1, 1863, during the nation's third year of civil war. Lincoln used his powers as Commander-in-Chief of the Army and Navy to issue the proclamation "as a necessary war measure". Therefore, it was not the equivalent of a statute enacted by Congress or a constitutional amendment.
The proclamation declared that "all persons held as slaves" within the rebellious states "are, and henceforward shall be free". This bold step changed the goals of the war and was intended to inspire all Black people, especially enslaved people in the Confederacy, to support the Union cause. Lincoln hoped to prevent England and France from giving political recognition and military aid to the Confederacy.
The proclamation was limited in scope and only applied to states that had seceded from the Union, leaving slavery intact in the loyal border states. It also expressly exempted parts of the Confederacy that had already come under Union control. The freedom it promised was dependent upon a Union military victory. While the proclamation did not end slavery in the nation, it captured the hearts and imaginations of millions of Americans and fundamentally transformed the character of the war.
Lincoln's decision to issue the Emancipation Proclamation was influenced by various factors. Firstly, he faced pressure from abolitionists and radical Republicans, who had been urging him to take this step since the beginning of his administration. Additionally, Lincoln's views on slavery evolved, and he recognized the importance of keeping the border states in the Union. He also wanted to provide a viable military tool against the South and prevent demoralization among the troops in the Union army.
In the lead-up to the proclamation, Lincoln issued a preliminary version on September 22, 1862, declaring his intention to free all enslaved people in the states engaged in rebellion against the Union as of January 1, 1863. This preliminary proclamation was met with a mixed response, with some celebrating it as a crucial step towards freedom while others, particularly in the North, criticized it as unnecessary, unwise, and outside the Constitution. Lincoln's cabinet was also divided, with some supporting the measure while others advised him to wait for a significant battlefield victory before announcing emancipation.
Founding Fathers, Constitution Writers: Were They Pot Smokers?
You may want to see also
The proclamation's legal vulnerabilities
The Emancipation Proclamation was a critical milestone in the journey towards the abolition of slavery in the United States. However, it faced legal vulnerabilities that threatened its effectiveness and longevity.
Firstly, the Proclamation was issued by President Abraham Lincoln as a "necessary war measure", utilising his powers as Commander-in-Chief of the Army and Navy. This meant that it was not a statute enacted by Congress or a constitutional amendment, which led to questions about its legal basis and permanence.
Secondly, critics of the Proclamation, such as Curtis and Dana, argued that the president could not make law by decree. They contended that while the president could confiscate slaves that came into Union lines, he did not have the constitutional authority to deprive slave owners of their property beyond those lines. This perspective challenged the Proclamation's ability to legally free slaves outside of Union-controlled territories.
Additionally, some opponents, including Parker, asserted that the president did not possess war powers, and even if he did, they would not extend beyond the theatres of operation or against non-Confederate supporters. This argument further undermined the legal foundation of the Proclamation, which was issued as a military measure.
Furthermore, Lincoln himself acknowledged the potential constitutional limitations of his actions. In an 1864 letter to Albert G. Hodges, he expressed his understanding that the presidency did not confer upon him an unrestricted right to act on his personal judgments and feelings. He recognised that his constitutionally mandated oath to preserve the Constitution took precedence, which complicated the issue of emancipation.
Legislative Powers: Congress' Constitutional Control
You may want to see also
Explore related products
The role of Congress and the Supreme Court
Congress had an implicit role in the Emancipation Proclamation, as President Abraham Lincoln had been granted authority by Congress to issue the proclamation. Lincoln also stated that he would recommend to Congress that it compensate states that "adopt, immediate, or gradual abolishment of slavery".
In the years preceding the proclamation, Congress had taken steps to limit the expansion of slavery and prohibit the return of slaves. On March 13, 1862, Congress approved an Act Prohibiting the Return of Slaves, which prohibited "All officers or persons in the military or naval service of the United States" from returning fugitive slaves to their owners. On June 19, 1862, Congress prohibited slavery in all current and future US territories, which President Lincoln quickly signed into law. This act repudiated the 1857 opinion of the Supreme Court in the Dred Scott case, which stated that Congress was powerless to regulate slavery.
In the aftermath of the proclamation, Lincoln continued to work with Congress to ensure the abolition of slavery. He encouraged border states to adopt abolition and pushed for the passage of the 13th Amendment, which was ratified by Congress and the required three-fourths of states by December 6, 1865. The amendment made slavery and involuntary servitude unconstitutional, except as punishment for a crime.
The Supreme Court's role in the Emancipation Proclamation was limited, as the proclamation was never challenged in court. However, the Court's earlier decision in the Dred Scott case, which was overturned by Congress's actions in 1862, had a significant impact on the legal basis for slavery.
Constitution's Role in Federal Regulations
You may want to see also
The judiciary's response
The judiciary was the critical audience for the Emancipation Proclamation. In an April 4, 1864, letter to Albert Hodges, Lincoln mapped out his road to emancipation and justified his shifting positions. Lincoln had always hated slavery, but he did not believe that the Presidency gave him unrestricted rights to act upon his judgment and feelings. His constitutionally required oath to preserve the Constitution imposed a duty to preserve the Union "by every indispensable means." Lincoln felt that measures, otherwise unconstitutional, might become lawful by becoming indispensable to the preservation of the Constitution.
Lincoln's position was that he did not have the constitutional authority as president to challenge slavery outside the context of necessary war measures. He also worried about the reactions of those in the loyal border states where slavery was still legal. Lincoln summed up the importance of keeping the border states in the Union by saying, "I hope to have God on my side, but I must have Kentucky."
Lincoln's issuance of the final proclamation received a mixed reception, especially in the North. Abolitionists greeted the news with jubilation, but Hamilton Gray of Kentucky, for example, warned Lincoln that Kentuckians loyal to the Union did not accept the Emancipation Proclamation as a military necessity. There was word that the Kentucky legislature urged the governor to reject the proclamation. The New York Herald considered the proclamation "unnecessary, unwise and ill-timed, impracticable, outside the constitution and full of mischief."
Those who challenged Lincoln's power to issue the Emancipation Proclamation advanced various grounds of attack. The president could not make law by decree, and he did not possess war powers. Lincoln was blinded by "schemes of philanthropy." These contemporary legal challenges to the Emancipation Proclamation are unpersuasive. The contention that the president cannot make law by decree is a position, not an argument. The contention that the president does not, as a general matter, have war powers is absurd.
Franklin's Historic Mission: Delivering the Constitution to Britain
You may want to see also
Frequently asked questions
The Emancipation Proclamation was a declaration by President Abraham Lincoln on January 1, 1863, 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".
The Emancipation Proclamation was a constitutional issue because it was not the equivalent of a statute enacted by Congress or a constitutional amendment. Lincoln used his powers as Commander-in-Chief of the Army and Navy to issue the proclamation "as a necessary war measure".
Those who challenged Lincoln's power to issue the Emancipation Proclamation argued that the president could not make law by decree, and that the president did not possess war powers. They also argued that the president could confiscate slaves that came into Union lines, but could not constitutionally deprive slave owners of property beyond those lines.
The Emancipation Proclamation paved the way for the permanent abolition of slavery in the United States. As Lincoln and his allies in Congress realized, emancipation would have no constitutional basis after the war ended, so they worked to enact a Constitutional amendment—the Thirteenth Amendment—abolishing slavery.
Lincoln believed that the Constitution did not give the federal government the power to abolish slavery in the states where it already existed, only to prevent its establishment in new western territories. He felt confined by his constitutional authority as president to challenge slavery only in the context of necessary war measures.
