One major problem. He had no legal authority to do so. The Confederacy had seceded, just as the colonies had seceded from Britain in 1776, and as had 9 of the several states from the Articles of Confederation & Perpetual Union. Even if Lincoln did have some legality to issue the EP as a "war" measure, the Supreme Court had previously ruled that the owners of seized property must be renumerated. Lastly, even the Constitution prevents the taking of property by the federal government, and Lincoln wrote a letter to his law-partner Herndon that his actions were unconstitutional.
"You dislike the emancipation proclamation; and perhaps, would have it retracted. You say it is unconstitutional--I think differently. I think the Constitution invests the commander in chief with the law of war, in time of war. The most that can be said, if so much, is, that slaves are property. Is there--has there ever been--any question that by the law of war, property, both of enemies and friends, may be taken when needed? And is it not needed whenever taking it helps us, or hurts the enemy?"
The Supreme Court ruled in the Prize Cases that the secessionists had the status of foreign combatants even though they were domestic.
President Lincoln clearly had the power to issue the EP.
Or would you rather it not have been issued?
Your heroes all thought of the slaves as property -- not human at all, right?
Walt
Then secession is an illegal act? Surely the colonists went outside English law in making their rebellion.
Walt