Emancipation Proclamation and the 13th Amendment to the Constitution

[samgrant]

What's the difference?

Which did which affect?

Why did these things happen?

[matthew mckeon]

The EP was a action by President Lincoln, as a war measure. It affected all areas in rebellion against the United States. It was enacted after much lobbying and argument by abolitionists, along with "hard war" types who wanted to damage the CSA as part of the war. It could be seen as a departure from the "limited war" philsophy which sought to contain the rebellion, sooth the fears of border states and the supposed community of Southern unionists by promising a return to status quo antebellum. Now the war would entail the massive restructuring of society economically, and politically.
Much is may of the EP's limitations, since it retains slavery in states that remained loyal to the Union. It did immediately free thousands of slaves in a few areas(such as occupied South Carolina), but Kentucky, Maryland and other loyal slaves states were unaffected. Many of the provisions of the EP had already been enacted by Congress through laws like the Confiscation Act.
It's effect was to transform the nature of the war from a Constitutional struggle only to a revolutionary expansion of the franchise and the meaning of "American."

The 13th Amendment abolished slavery, without exception throughout the United States. Ratified when victory was in sight, but before Southern states were brought back into the Union(where their representatives would have voted against it), it finished the work of the EP and made abolition practically unrevokable(Lincoln had to defend the EP as late as the 64 elections).

Why? In the 2nd inaugural address, Lincoln states that slavery was not only a great wrong, but what was wrong with the country. In effect, either slavery or the United States would have to be eliminated.

Lincoln's rhetoric in the 2nd IA is remarkably terse and adult, especially compared to modern political speech. Slavery is a national, not a Southern "offense" The war is horribly costly, but the blood of the lash has to be paid for by the blood of the sword. The military good news is virtually ignored, but the need to care for those who "borne the battle," is emphasized.

Compared to recent Presidential speeches, with their boasting, flattery, bombast and focus group tested applause lines, it is like a cold slap in the face.

[matthew mckeon]

It is often remarked that the EP was meant to forestall foreign recognition for the Confederacy, since England and France held strong antislavery positions.

Recently I've read that motivation has been over emphasized.

[samgrant]

The EP did not apply to slaveholding states such as Maryland, New Jersey and Delaware states not in rebellion or any of the non-slaveholding states (most of the North), nor to Tennessee, a state in rebellion, but substantially under control of the Federal government (On Feb. 22, 1862, the civil government of the state was suspended and martial law was established by General Grant. Andrew Johnson was appointed military governor by President Lincoln on March 3 of the same year).

The EP also did not apply to parts of states in rebellion, but under federal control, as the exceptions indicate for parts of Virginia and Louisiana.

Kentucky and Missouri were slave states, but had not joined the Confederacy (The Confederacy admitted them but they never controlled these states and the pro-Confederate state governments were soon in exile).

The EP:

January 1, 1863
By the President of the United States of America:
A Proclamation.

Whereas, on the twenty second day of September, in the year of our Lord one thousand eight hundred and sixty two, a proclamation was issued by the President of the United States, containing, among other things, the following, towit:

“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, 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; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

“That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States.”

Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, towit:

Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. Johns, St. Charles, St. James[,] Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New-Orleans) Mississippi, Alabama, Florida, Georgia, South-Carolina, North-Carolina, and Virginia, (except the fortyeight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth-City, York, Princess Ann, and Norfolk, including the cities of Norfolk & Portsmouth [) ]; and which excepted parts are, for the present, left precisely as if this proclamation were not issued.

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.

By the President: ABRAHAM LINCOLN

--------------------------------------------

The 13th amendment:

Amendment XIII


Section 1. 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.

Section 2. Congress shall have power to enforce this article by appropriate legislation.


These were by and large accepted, slavery as an institution was dead.

The "second Civil War" [my words] errupted over the provisins of the 14th amendment which beyond abolishing slavery, gave equal protection under the law to "any person to any person within its jurisdiction" (not just citizens).

This amendment (law) went largely unenforced till the late 1950s, early 1960s.

Well, that's a matter for another thread.

[OpnDownfall]

Many present day southrons, seem to be ignorant of the obvious differences, or do they know, but deliberately play dumb for arguments sake?

[Texas2nd]

Southron states are not ignorant, merely forgetful?

The differences are certainly in the textbooks. In Texas schools this subject is taught in the 5th, 8th and high school history plus an American Government class.

Texas2nd

[ole]

May we have a short synopsis of what, approximately, the highschool history text has to say about it? Just inquisitive.
Ole

[matthew mckeon]

The Americans, McDougal, Littell 1988

"Slavery Becomes the Main Issue"
1. neither side declared slavery to be the central issue. It was, but neither side was willing to admit it. Federal government had no powier over slavery in the states.

2. Lincoln did not enforce the antislavery laws of the "Radicals"

3. Northerners wanted to end slavery to hurt the South, because slaves helped the Southern war effort, and because England and France wouldn't support a slaveholding nation.

4. No slaves became free immediately

5. Powerful symbolic effect

6. Gave the Northern cause the weight of a moral crusade.

[whitworth]

I think the concept of Emancipation Proclamation was too complicated for most public government schools to correctly evaluate it.
First, it was not constitutionally binding, beyond the term of the war. Lincoln had no right to free the slaves, without just compensation.

However, as commander in chief, Lincoln had broad powers to hurt the pocketbook of anyone aiding and abetting the Confederacy rebellion.
By not declaring emancipation in the states and territory held by the U.S. Army, Lincoln was preventing any citizen from suing in federal court. Lincoln, rather astutely, declared the slaves free, where there was no federal court operating. Lincoln was a brilliant lawyer acting in the best behalf of the U.S. government. And some of it had nothing to do with slavery.

[ole]

Thanks. Was just wondering if the winners were still writing history, or if there's been an effort to give a reasonably accurate account.
Ole