The Emancipation Proclamation

By Derek Kastner | May 24, 2010

The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. The first one, issued September 22, 1862, declared the freedom of all slaves in any state of the Confederate States of America that did not return to Union control by January 1, 1863. The second order, issued January 1, 1863, named ten specific states where it would apply. Lincoln issued the Executive Order by his authority as “Commander in Chief of the Army and Navy” under Article II, section 2 of the United States Constitution.[1]
The proclamation did not name the slave-holding border states of Kentucky, Missouri, Maryland, or Delaware, which had never declared a secession, and so it did not free any slaves there. The state of Tennessee had already mostly returned to Union control, so it also was not named and was exempted. Virginia was named, but exemptions were specified for the 48 counties that were in the process of forming West Virginia, as well as seven other named counties and two cities. Also specifically exempted were New Orleans and thirteen named parishes of Louisiana, all of which were also already mostly under Federal control at the time of the Proclamation.
The Emancipation Proclamation was criticized at the time for freeing only the slaves over which the Union had no power. Although most slaves were not freed immediately, the Proclamation did free thousands of slaves the day it went into effect[2] in parts of nine of the ten states to which it applied (Texas being the exception).[3] In every Confederate state (except Tennessee and Texas), the Proclamation went into immediate effect in Union-occupied areas and at least 20,000 slaves[2][3] were freed at once on January 1, 1863.