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 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...Some important context from James M. McPherson, probably the greatest living historian of the Civil War:
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.
The final proclamation exempted from emancipation the border states and some parts of Confederate states controlled by Union forces. They were deemed not to be at war with the United States; therefore the president’s power as commander in chief to seize enemy property could not apply to them. These exemptions gave rise to the accusation that Lincoln “freed” the slaves in areas where he had no power, and left them in slavery where he did have power.A great step forward for the history of freedom and justice. Worthy of taking a moment to remember, and reflect upon, today.
Nothing could be more wrong. For one thing, tens of thousands of ex-slaves lived in parts of the Confederacy that were occupied by Union forces but were not exempted from the proclamation. They celebrated it as their charter of freedom. For that matter, so did many slaves in exempted areas, which included the four slave-holding states that never left the Union (Missouri, Kentucky, Delaware, and Maryland) as well as Confederate areas that had been returned to Union control, such as New Orleans and the forty-eight Virginia counties that would soon become West Virginia. They recognized that if emancipation took hold in the Confederate states, slavery could scarcely survive in the upper South.
The proclamation officially turned the Union army into an army of liberation—if it could win the war. And by authorizing the enlistment of freed slaves in the army, the final proclamation went a long step toward creating that army of liberation. If the Emancipation Proclamation was merely a piece of paper that did not actually free anyone, as skeptics then and later charged, the Declaration of Independence was likewise a mere piece of paper that did not in itself create a new nation. Both outcomes depended on victory in a war to which these documents gave new purpose.
* Generalized nod towards J. L. Austin.