The Emancipation Proclamation was a presidential proclamation and executive order issued by President Abraham Lincoln on January 1, 1863, as a war measure during the American Civil War, directed to all of the areas in rebellion and all segments of the executive branch (including the Army and Navy) of the United States. It proclaimed the freedom of slaves in the ten states that were still in rebellion.  Because it was issued under the President’s war powers, it necessarily excluded areas not in rebellion – it applied to more than 3 million of the 4 million slaves in the U.S. at the time. The Proclamation was based on the president’s constitutional authority as commander in chief of the armed forces; it was not a law passed by Congress. The Proclamation also ordered that suitable persons among those freed could be enrolled into the paid service of United States’ forces, and ordered the Union Army (and all segments of the Executive branch) to “recognize and maintain the freedom of” the ex-slaves. The Proclamation did not compensate the owners, did not outlaw slavery, and did not grant citizenship to the ex-slaves (called freedmen). It made the eradication of slavery an explicit war goal, in addition to the goal of reuniting the Union.

Note that the Emancipation Proclamation is the popular name given to two complementary Presidential Proclamations issued 100 days apart from each other by United States President Abraham Lincoln during the American Civil War. These are officially known as Proclamation 93 and Proclamation 95.

Proclamation 93, the preliminary Emancipation Proclamation, was issued on September 22, 1862. It declared the freedom of all slaves in any state of the Confederate States of America as did not return to Union control by January 1, 1863. Proclamation 95, the final Emancipation Proclamation was issued on January 1, 1863. This enumerated the specific states where it applied.

Proclamation 95

By the President of the United States of America:

A PROCLAMATION.

Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

‘‘That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

‘‘That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States.’’

Now, Therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against the authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty-three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terrebone, Lafourche, St. Mary, St. Martin, and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northhampton, Elizabeth City, York, Princess Anne, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts, are for the present, left precisely as if this proclamation were not issued.

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done US Great Seal 1877 drawing.png at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.