Emancipation Proclamation and Juneteenth FAQ

 

Juneteenth FAQ

1. What was the Emancipation Proclamation?

The Emancipation Proclamation was a military order issued by President Abraham Lincoln on January 1, 1863, declaring slaves in Confederate states in rebellion to be free. It was a temporary wartime measure, not a law, and ceased with the end of hostilities.

2. Was the Emancipation Proclamation a law?

No, it was a military order, not a law. As a military order, it could not permanently alter the legal status of slaves or the relationship between slave and master, as Lincoln lacked the authority to change property laws unilaterally.

3. Could the Emancipation Proclamation change the status of slaves as property?

No, a military order cannot change the status of property. Slaves were considered property under U.S. law, and only legislative action, such as the Thirteenth Amendment, could permanently abolish slavery. The Proclamation’s effect was limited to areas under Union military control.

4. Why was the Emancipation Proclamation issued?

Lincoln issued the Proclamation as a military measure to weaken the Confederacy by disrupting its labor force. However, he emphasized it was not about changing slavery’s legal status but about preserving the Union.

 

5. What did Lincoln say about military necessity and emancipation?

When overturning General John C. Frémont’s 1861 emancipation order in Missouri, Lincoln stated that Frémont’s actions were “purely political, and not within the range of military law, or necessity,” reserving the authority to determine such necessity for himself as Commander-in-Chief.

6. Why did Lincoln overturn Frémont’s emancipation order in Missouri?

Lincoln revoked Frémont’s order because it exceeded military authority and risked alienating loyal slaveholding border states like Missouri. He argued that emancipation was not a military necessity and could drive states like Kentucky to the Confederacy, stating, “to lose Kentucky is nearly the same as to lose the whole game.”

7. What role did the Confederate Secretary of War play in the context of Juneteenth?

The Confederate Secretary of War, such as James Seddon, oversaw policies that utilized enslaved labor to support the Confederate war effort, including fortifications and supply chains. The Emancipation Proclamation aimed to disrupt this labor, but its temporary nature meant it did not immediately alter Confederate policies until Union forces enforced it, as seen in Texas on Juneteenth.

8. How does international law relate to the Emancipation Proclamation?

Because of the War of 1812, international law, as understood at the time, held that slaves could not be freed by military action alone, as they were considered property under domestic law. This precedent suggested that the Emancipation Proclamation’s legal standing was questionable without legislative backing, reinforcing its temporary status.

9. Did the Emancipation Proclamation free all slaves?

No, it didn't free any slaves! In fact, it only targeted slaves in Confederate states still in "rebellion" as of January 1, 1863, excluding border states (Missouri, Kentucky, Maryland, Delaware) and Union-controlled Confederate areas. Slavery in these regions ended through state actions or the Thirteenth Amendment in 1865.

10. Why was the Proclamation’s effect delayed in Texas until Juneteenth?

Texas, being geographically distant and under Confederate control, did not see Union enforcement of the Proclamation until June 19, 1865, when General Gordon Granger announced General Order No. 3 in Galveston, declaring slaves free under the Proclamation’s terms. Ultimately, Granger simply told the slaves to stay with their masters and accept wages.

11. What was the significance of the Thirteenth Amendment?

The Thirteenth Amendment, ratified on December 6, 1865, permanently abolished slavery across the United States, addressing the legal limitations of the Emancipation Proclamation, which Lincoln knew could be overturned after the war.'

12. Did Lincoln believe he had the power to abolish slavery?

Lincoln believed he lacked the constitutional authority to abolish slavery outright, stating in 1864, “I have never understood that the Presidency conferred upon me an unrestricted right to act officially upon this judgment and feeling.” He issued the Proclamation as a war measure, not a legal reform.

13. How did the border states react to emancipation efforts?

Border states like Missouri and Kentucky resisted early emancipation attempts, such as Frémont’s proclamation, fearing it would push them toward the Confederacy. Lincoln’s careful approach, including overturning Frémont’s order, aimed to maintain their loyalty to the Union.

14. How should we understand Juneteenth in historical context?

Juneteenth symbolizes the delayed enforcement of a limited military order in Texas, not the universal end of slavery. It highlights the temporary nature of the Emancipation Proclamation and the need for the Thirteenth Amendment to achieve permanent abolition, reflecting Lincoln’s strategic balance between military necessity and constitutional limits.