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In the Classroom: The Emancipation Proclamation
The Emancipation Proclamation was an important statement of Union war aims. With the issuing of the proclamation on
January 1, 1863, northern armies were fighting both to preserve the Union and to end slavery. It is important to understand
the evolution of the idea of emancipation as a means to end the war with a Union victory.
Lincoln believed that, under normal conditions, Congress did not have the right to free slaves in any state. This action
was also contrary to the Republican party platform. But in war, the government may legislate more restrictive laws and
regulations. Slaves who came under the control of Union armies were considered "contrabands of war"--an internationally
recognized status that justified the seizure of any property that could be used to benefit an enemy.
As Lincoln began writing his emancipation order, he was intent on freeing the slaves and justified emancipation in terms
of policy, not principle. Congress moved forward and passed the Second Confiscation Act on July 17, 1862. This act
defined individuals in rebellion as traitors and ordered the confiscation of their property and slaves. Lincoln's preliminary
emancipation order, issued on September 22, 1862, reflected the intent of this act. Lincoln warned the South that he
would declare its slaves free if the Confederate states remained "in rebellion against the United States." This message
was repeated in the Emancipation Proclamation--hence the quotation marks around the second and thrid paragraphs.
In the fourth paragraph, Lincoln cited his authority as commander-in-chief and put emancipation into effect "as a fit
and necessary war measure for suppressing said rebellion." The fifth paragraph exempts those areas under Union
control from the emancipation order. (The proclamation affected only those areas under Confederate control). The
final paragraph, added on December 30, 1862, at the request of Lincoln's secretary of the treasury, Salmon P.
Chase, reiterates the military necessity of emancipation but also declares it "an act of justice."
[View the original document online at the National Archives.]
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