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To: yonif
"I recall reading somewhere that after Lincoln's Emancipation Prolamation, there were still slaves in the
North. Is this true?"


Yes, it is true. The slave states that remained in the union were exempt from the Emancipation
Prolamation. There were also areas in the southern states that were under Union control so they were
exempt also. The proclamation only applied to areas that were under confederate control. The areas
under union control were exempt. At the time the proclamation was issued, it freed noone. The 13th
amendment ratified on Dec 6 1865 abolished slavery.

So, in areas where Lincoln could have freed slaves, he didnt. In areas where he had no control, he ordered slaves to be freed.

THE EMANCIPATION PROCLAMATION:

By the President of the United States of America:

A PROCLAMATION

Whereas on the 22nd day of September, A.D. 1862, a proclamation
was issued by the President of the United States, containing,
among other things, the following, to wit:

"That on the 1st day of January, A.D. 1863, 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 1st 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 States 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 the authority and government of the United States,
and as a fit and necessary war measure for supressing said
rebellion, do, on this 1st day of January, A.D. 1863, and in
accordance with my purpose so to do, publicly proclaimed for the
full period of one hundred days from the first day 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, to wit:

Arkansas, Texas, Louisiana (except the parishes of St. Bernard,
Palquemines, Jefferson, St. John, St. Charles, St. James, Ascension,
Assumption, Terrebone, 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
forty-eight counties designated as West Virginia, and also the
counties of Berkeley, Accomac, Morthhampton, Elizabeth City, York,
Princess Anne, and Norfolk, including the cities of Norfolk and
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 case 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.
230 posted on 05/13/2003 11:10:59 AM PDT by ConstitutionalConservative
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To: ConstitutionalConservative
I don't disagree, but can you give me a source?
232 posted on 05/13/2003 11:17:21 AM PDT by yonif
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To: ConstitutionalConservative
Also, what states in the north still had slavery that were exempt?
233 posted on 05/13/2003 11:18:09 AM PDT by yonif
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To: ConstitutionalConservative; yonif
So, in areas where Lincoln could have freed slaves, he didnt. In areas where he had no control, he ordered slaves to be freed.

That is flatly false and any general history of the war will tell you that it is false.

Slavery was a state institution clearly protected in the Constitution. President Lincoln had NO power to affect it in the normal course of administering the government. He had revoked emancipation initiatives by Generals Hunter and Butler early in the war.

He based the EP on his constitutional powers as commander in chief of the armed forces.

He wrote a famous letter to James Conkling for public distribution:

"But, to be plain, you are dissatisfied with me about the negro. Quite likely there is a difference of opinion between you and myself upon that subject. I certainly wish that all men could be free, while I suppose you do not. Yet I have neither adopted nor proposed any measure, which is not consistent with even your view, provided you are for the Union-- I suggested compensated emancipation; to which you replied you wished not to be taxed to buy negroes. But I had not asked you to be taxed to buy negroes, except in such way, as to save you from greater taxation to save the Union exclusively by other means--

You dislike the emancipation proclamation; and, perhaps would have it retracted-- You say it is unconstitutional-- I think differently. I think the constitution invests it's 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?

Armies, the world over, destroy enemie's property when they can not use it; and even destroy their own to keep it from the enemy-- Civilized beligerents do all in their power to help themselves, or hurt the enemy, except a few things regarded as barbarous or cruel-- Among the exceptions are the massacres of vanquished foes, and non-combattants, male and female.

But the proclamation, as law, either is valid, or is not valid. If it is not valid, it needs no retraction. If it is valid, it can not be retracted, any more than you can bring the dead can be brought to life. Some of you profess to think it's retraction would operate favorably for the Union. Why better after the retraction, than before the issue? There was more than a year and a half of trial to suppress the rebellion before the proclamation issued, the last one hundred days of which passed under an explicit notice that it was coming, unless averted by those in revolt, returning to their allegiance. The war has certainly progressed as favorably for us, since it's the issue of the proclamation as before.

You say you will not fight to free negroes. Some of them seem willing to fight for you; but, no matter. Fight you, then exclusively to save the Union. I issued the proclamation on purpose to aid you in saving the Union. Whenever you shall have conquered all resistence to the Union, if I shall urge you to continue fighting, it will be an apt time then for you to declare you will not fight to free negroes.

I thought that that in your struggle for the Union, to whatever extent the negroes should cease helping the enemy, to that extent it weakened the enemy in his resistence to you-- Do you think differently? I thought that whatever negroes can be got to do as soldiers leaves just so much less for white soldiers to do, in saving the Union. Does it appear otherwise to you? But negroes, like other people act upon motives-- Why should they do any thing for us, if we will do nothing for them? If they stake their lives for us, they must be prompted by the strongest motive -- even the promise of freedom. And the promise being made, must be kept."

8/23/63

You obviously don't know the history.

President Lincoln well knew that the EP only had force as a war measure. That is why he was a strong advocate of the 13th amendment.

Walt

235 posted on 05/13/2003 11:21:43 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: ConstitutionalConservative
So, in areas where Lincoln could have freed slaves, he didnt. In areas where he had no control, he ordered slaves to be freed.

If President Lincoln had the power to free the slaves up North all on his own then why bother with the 13th Amendment?

290 posted on 05/13/2003 6:25:03 PM PDT by Non-Sequitur
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