The emancipation proclamation freed all slaves in rebellious states (Confederate) when were they free in union

Question

For some reason Lincoln didn't free all slaves (or so it would seem from the wording of the Emancipation Proclamation). Was there some other law that had already freed the slaves in all the union states?

Answer 1

The Emancipation proclamation basiclly ended slavery in the United States.

As president during this civil war Lincoln did not have the jurisdiction to issue a proclimation in the union without going through congress however in the rebel state he had the authority.

At the time this "proclamation" was given the southern states were in rebelion and the United States did not recongize the government of the Confederacy, hence the President had governence over the rebelious states until the time that a state government could be formed, this is why it was a proclamation rather than a Bill, the President proclaimed an end to the institution of slavery in the areas that he was legally allowed enforce this proclamation. Before the Civil War the State governments governed there respective states and the powers of the federal government was extremely limited.

Slavery was a contentious point in the 1864 elections. Many states and politicians avoid the subject for fear of endangering the elections. When the Republicans won the election the party was able to address and successfully end this terrible injustice. Although Lincoln did not live to see the end ofslavery he mortally wound the creature.

Answer 2

Remember the issue of States Rights. In the North (and I exclude the border states for a second), states had already abolished slavery on their own. Lincoln didn't have the authority to impose an Executive Order (which is what the Emancipation Proclamation really was) over states that had representation in Congress. He had every right to impose rules over states engaged in an act of treason (civil war). When the war ended, then the Constitution was amended starting with passage of a series of resolutions in Congress and then adoption by the states.

Not only was the 13th amendment important for ending slavery, but it's necessary to add in the 14th amendment for extending the right of citizenship to the newly freed slaves in Section 1 of the 14th Amendment and to afford them equal protection under the law:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Answer 3

Abraham Lincoln issued the initial Emancipation Proclamation on September 22, 1862 and the finest Emancipation Proclamation on January a million, 1863. The Emancipation Proclamation became issued below Lincoln’s military powers as Commander in chief. Lincoln had no different criminal authority to loose slaves typically. The Emancipation Proclamation ought to, hence, in effortless words loose those slaves who were held in bondage in states or parts of states that were at present in rebellion. it ought to no longer legally prepare to slaves held interior the border states and parts of different slave states that were now no longer in rebellion. As Union armies stepped ahead into further and further southern territory, the Proclamation became into truth, because the slaves were set loose by the federal troops. nevertheless, Lincoln had doubts about the lengthy-lasting legality of the Emancipation Proclamation and pressed Congress to undertake the thirteenth change and deliver it out to the states for ratification--which they did.

Answer 4

The proclamation only applied to the rebellious states because Lincoln didn't want to alienate the border states of Maryland, Kentucky and Missouri.

Slavery was officially abolished in the nation on Dec 31, 1865 with the adoption of the 13th amendment to the constitution.