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To: nihil who wrote (29021)6/15/1999 1:43:00 PM
From: Ilaine  Respond to of 71178
 
Interestingly, the Emancipation Proclamation was only effective in the seceded states; after the Emancipation Proclamation, slavery was still legal elsewhere, unless the state legislature had outlawed slavery in that state. Slaves outside the seceded states were not freed until the Thirteenth Amendment was adopted in 1865. This was the first Constitutional prohibition of slavery. In fact, when the Constitution was adopted, it expressly prohibited Congress from abolishing the slave trade until 1808 (Art. 1, Sec. 9, clause 1).

Slavery was prohibited state-by-state in the North prior to the Civil War. The Northern states passed laws that held that slaves who moved within their borders would thereby become free. This led to the Underground Railroad. But these laws (freeing slaves that came within free states) were voided by the United States Supreme Court in the Dred Scott decision (1857). That decision also declared the Missouri Compromise unconstitutional, and held that Congress had no power to emancipate slaves via statute. The Thirteenth Amendment to the Constitution is, of course, not a statute.

Lincoln freed the slaves in order to deprive the Southern armies of their aid, under the assumption that once they learned that they were freed, they would run away, which was accurate.