Re: Emancipation Proclamation: War no longer over slavery?
Your questions I think highlight the importance of the 1st and 2nd Confiscations Acts, which are often non mentioned with the EP.
I'm not sure, but I suspect that there was some debate over whether or not to extend the EP to loyal states, but I think it would have unnecessarily created political controversy; also keep in mind that among the "loyal" border states, MO and KY had pretty much by late 1862 fallen to Federal Military Control--so the 1st & 2nd Confiscation Acts still applied to those states.
As to the legality of extending the Act, the only legal problem I see is Constitutional--The EP was an executive order, and didn't come from congress (based on the assumption that slaves were a form of interstate commerce and it was the purview of the legislature, not the Executive).
Again, I'm not an expert on the specific literature on this particular issue, but from what I've read, the war itself, and esp. the EP did cause more intractable behavior from slaves, which often manifested in violence, but on the whole I think (going back to the 1st and 2nd Confiscation Acts) that the template had been established--slaves were just content to flee and walk away from their masters, many of whom were women by late 1863. There was no bloody Haitian Revolution or Nat Turner scenario necessary to gain freedom, and I think many northern politicians, esp. Lincoln, recognized as such, although they could have expressed some concerns or doubts.
I think Lincoln and other pro-EP politicians were counting on slaves to continue what they were doing without much bloodshed--just leave plantations and escape bondage; I have no primary sources to prove if there was or wasn't speculation, but considering how quickly Lincoln decided to arm African Americans, I think it's safe to say based the vast majority of their behavior, Lincoln was hedging his bets. Certainly there was some risk involved, but many historians have pointed out how Lincoln's opinion on both slavery and blacks evolved as the war progressed.
Put simply, he was counting on slaves to just continue what they had been doing since the war started--running away from plantations, flooding union lines (not in the Northern states, mind you) and depriving the Confederacy as a source of manpower for their economy and military.
In many ways, I think the 1st and 2nd Confiscation Acts are just as important as the EP and provide a firm military, political, and economic understanding of the EP; I know I have not directed you to any specific literature, but I know STephen Oates, Eric Foner, and James McPherson would be really helpful.
On the subject of Union soldiers fighting for issues surrounding slavery, check out McPherson's For Cause and Comrades, which is based solely on soldiers' letters.
Hope these posts have been helpful.
CLS
Your questions I think highlight the importance of the 1st and 2nd Confiscations Acts, which are often non mentioned with the EP.
Originally posted by Hank Trent
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As to the legality of extending the Act, the only legal problem I see is Constitutional--The EP was an executive order, and didn't come from congress (based on the assumption that slaves were a form of interstate commerce and it was the purview of the legislature, not the Executive).
Originally posted by Hank Trent
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Originally posted by Hank Trent
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Put simply, he was counting on slaves to just continue what they had been doing since the war started--running away from plantations, flooding union lines (not in the Northern states, mind you) and depriving the Confederacy as a source of manpower for their economy and military.
In many ways, I think the 1st and 2nd Confiscation Acts are just as important as the EP and provide a firm military, political, and economic understanding of the EP; I know I have not directed you to any specific literature, but I know STephen Oates, Eric Foner, and James McPherson would be really helpful.
On the subject of Union soldiers fighting for issues surrounding slavery, check out McPherson's For Cause and Comrades, which is based solely on soldiers' letters.
Hope these posts have been helpful.
CLS
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