Comprehensive Study Guide for the Emancipation Proclamation (1863)

Authority and Preliminary Proclamation of September 18621862

  • The document is issued by the President of the United States of America as a formal proclamation.

  • It references a prior proclamation issued by the President on the 22nd22nd day of September, in the year of our Lord 18621862.

  • The preliminary proclamation contained a specific mandate: that on the first day of January, in the year of our Lord 18631863, all persons held as slaves within any State or designated part of a State where the people are in rebellion against the United States shall be "then, thenceforward, and forever, free."

  • The United States government, through its Executive branch (including military and naval authorities), committed to recognizing and maintaining the freedom of such persons.

  • The Executive government further pledged to perform no acts that would repress such persons in any efforts they make to achieve their actual freedom.

Political Representation as a Measure of Rebellion

  • The proclamation notes that on the first day of January, 18631863, the Executive would designate which States or parts of States were in rebellion.

  • A standard for determining rebellion was established: if a State is represented in the Congress of the United States in "good faith" on that day, it is evidence of non-rebellion.

  • Criteria for "good faith" representation:     - Members of Congress must be chosen via elections.     - A majority of the qualified voters of the State must have participated in said elections.

  • In the absence of "strong countervailing testimony," this representation is deemed "conclusive evidence" that the State and its people are not currently in rebellion against the United States.

Legal Basis and Presidential Authority

  • Abraham Lincoln issues the proclamation by virtue of the power vested in him as the Commander-in-Chief of the Army and Navy of the United States.

  • The authority is invoked specifically during a time of "actual armed rebellion" against the government and authority of the United States.

  • The proclamation is explicitly defined as a "fit and necessary war measure" for the purpose of suppressing the rebellion.

  • The declaration follows the completion of the full period of 100100 days from the initial announcement made in September 18621862.

Designation of Rebel States and Territorial Exceptions

  • The President designates the following States as being in rebellion against the United States as of January 11, 18631863:     - Arkansas     - Texas     - Mississippi     - Alabama     - Florida     - Georgia     - South Carolina     - North Carolina

  • Special conditions for Louisiana: The State is in rebellion except for several specific parishes, which are excluded from the proclamation's effects:     - St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin, and Orleans (including the city of New Orleans).

  • Special conditions for Virginia: The State is in rebellion except for the following areas, which are excluded:     - The 4848 counties designated as West Virginia.     - The counties of Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and Norfolk.     - The cities of Norfolk and Portsmouth.

  • The document stipulates that these "excepted parts" are left "precisely as if this proclamation were not issued."

Proclamation of Emancipation and Civil Instructions

  • By virtue of the Commander-in-Chief's powers, the President orders and declares that all persons held as slaves within the designated States and parts of States are "and henceforward shall be free."

  • The Executive government and military/naval authorities are ordered to recognize and maintain the freedom of these individuals.

  • Instructions to the newly freed: The President "enjoins upon the people so declared to be free" to "abstain from all violence," unless they find themselves in a situation of "necessary self-defence."

  • Labor recommendations: The President recommends that, in all cases where it is allowed, the freed individuals should "labor faithfully for reasonable wages."

Military Integration of Freed Persons

  • The proclamation declares that persons of "suitable condition" who have been granted freedom will be received into the armed service of the United States.

  • Their roles in the service include:     - Garrisoning forts.     - Manning positions and stations.     - Occupying "other places."     - Manning vessels of "all sorts" within said service.

Moral Justification and Execution

  • Lincoln characterizes the Emancipation Proclamation as a "sincerely believed act of justice."

  • The act is legally framed as being "warranted by the Constitution upon military necessity."

  • The President invokes the "considerate judgment of mankind" and the "gracious favor of Almighty God" upon this action.

  • The document is executed at the city of Washington on this first day of January, in the year of our Lord 18631863.

  • Chronological Context: This occurred in the 87th87th year of the Independence of the United States of America.

  • Authentication: Signed by Abraham Lincoln; attested by William H. Seward, the Secretary of State.