The Emancipation Proclamation (1863)

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American Civilization | The American Civil War (1861 - 1865)
Analysis of Important Documents, Speeches and Texts

Part Two | The Emancipation Proclamation (1863) - Analysis

The Emancipation Proclamation (ABRIDGED VERSION) January 1, 1863
By the President of the United States of America:
A Proclamation.

"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; [...]

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 the authority and government of the United States, and as a fit and necessary war measure for suppressing said

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 [...]

[...]
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.

IMPORTANT
Lincoln didn’t actually free all of the approximately 4 million men, women and children held in slavery in the United States when he signed the formal Emancipation Proclamation the following January. The document applied only to enslaved people in the Confederacy, and not to those in the border states that remained loyal to the Union.
rebellion [...]

Introduction

Two years after the beginning of the Civil War, President and Commander in Chief of The Union [=The United- States] Abraham Lincoln, delivered his speech “The Emancipation Proclamation”. This speech is made up of two executive orders, one of which was first issued in 1862 and proclaimed the freeing of the slaves living in the States of The Confederacy.
This text is not a law passed by Congress but “a war measure” taken in order to fight against the rebellion of The Southern States. Although the war was made to save The United States, Lincoln wanted to turn the conflict into a war for freedom encouraging the slaves to join The Union and fight for their Liberty.

Part One | A Symbolic War Measure Taken by The President to Put an End to The Conflict.

What is an Executive Order?

An executive order is defined as a declaration by the president or a governor which has the force of law. Executive orders do not require any action by the Congress or state legislature to take effect, and the legislature cannot overturn it.

Thus, "The Emancipation Proclamation" is not a law passed by Congress but a “necessary war measure” to fight against the rebellion of the southern Slave States. The President of The United States has indeed a military power. This can be read in the Federal Constitution (1787):

“The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.”
Article II, Section 2 of The United States Constitution (1787)

Part TWO | A Symbolic but Limited Measure.

This measure is limited since it is rather symbolic and it does not bring slavery to an end. The efficiency of this measure depends on the US Army. Moreover, it does not apply to the Slave States which were still under the control of the Union such as Maryland, Missouri, Kentucky and West Virginia [Often referred to as The Border States] Furthermore, this text did not abolish slavery or make slavery illegal. For instance, Kentucky remained a Slave State until 1865, albeit being under the control of The Union.

However, this text by Abraham Lincoln can still be considered as a major turning point of The American Civil War since it turns the war into a war for freedom.