This Day in the Law
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September 22

President Abraham Lincoln Delivers a Preliminary Emancipation Proclamation (1862)


On September 22, 1862, a preliminary Emancipation Proclamation was issued by President Abraham Lincoln. Although the Civil War had been fought for an entire year prior to this date, it wasn’t until this specific date and time that President Lincoln issued this preliminary Proclamation. The final Emancipation Proclamation was not issued until three and a half months later, on January 1, 1863.

On September 22, 1862, the preliminary Emancipation Proclamation essentially changed the face of the Civil War. Initially, President Lincoln upheld the notion that the Civil War was about restoring America as a united front, and not territories divided. It was clear to the people that the war was not specifically about slavery. However, with this preliminary Emancipation Proclamation, the Civil War became a fight against the concept and practice of slavery, and it set a date for the freedom of black slaves in America. It was at this time that President Lincoln proclaimed that all slaves that resided in areas of rebellion would be freed within 100 days of this announcement. This came just five days after the Union’s victory in the Battle of Antietam on September 17, 1862.

Although the proclamation was merely an order of the Executive Branch of the American government (the President), President Abraham Lincoln used it as a tool to then push for a similar law that would be passed by Congress. President Lincoln was advocating for the adoption of an antislavery amendment to the United States Constitution. In 1865, the 13th Amendment to the U.S. Constitution abolished slavery in the United States of America, and helped to pave the road for blacks in America to have equality, due process, and ultimately freedom.