the problem with the emancipation proclamation is that it did
not outlaw the institution of slavery. as the emancipation
proclamation was issued by president lincoln under the war powers
act, he could have outlawed the institution of slavery, but he
chose not to.
a further problem with the proclamation was that it only freed
the slaves in states or territories that were not occupied by union
forces. for example, slaves in places like maryland and delaware,
both slave states, were not freed by the emancipation proclamation.
maryland was never allowed to vote on secession, because president
lincoln sent federal troops into the maryland statehouse and
prevented the state legislature from voting.
president lincoln was very skillful in wording the emancipation
proclamation so that it only freed the slaves in ten states of the
confederacy, and not in all slave states. however, as these states
were not under the control of the united states, but under the
control of the confederate states of america, the emancipation
proclamation had no effect there.
further, in some areas in the confederate states where the union
army had taken control were specifically listed as areas where the
emancipation proclamation would have no effect, and slaves in those
areas would not be freed by the proclamation. for example, in
southern louisiana, where union forces had captured new orleans on
1 may 1862, and later spread their control over surrounding areas,
those parishes in southern louisiana were specifically listed in
the emancipation proclamation as areas where the slaves would not
be set free.
the idea behind this was that where slaves were working under
union control then they needed to remain slaves for the good of the
union and the federal government. this clearly demonstrates that
the emancipation proclamation was not a humanitarian act of
president lincoln, but rather was only a military tactic to attempt
to weaken areas of the confederacy where the union forces were not
so, if no slaves were freed in federally controlled areas, and
if the proclamation had no effect in areas controlled by the
confederacy, then no slaves were freed by the emancipation
proclamation. in order to outlaw slavery, and to free the slaves,
it was necessary to pass the 13th amendment to the u.s.
constitution. it was that amendment that actually ended slavery and
freed the slaves.