As those states were not in rebellion. The EP was used to weaken the ability of those in rebellion to continue. It worked.
Exactly what I've been saying... all those states were in rebellion, they had declared independence from the US and felt no inclination to abide by a proclamation from a US president. The EP was totally worthless in terms of freeing anyone. It didn't free slaves in the North or areas of the South under Northern control... that's what I've said from the start and what I will continue to say.
It's Constitutionality rests in the powers of the president as commander-in-chief of the military against insurrectionists. However, that implies they are no longer US citizens with Constitutional protections under the 4th Amendment.
Lincoln actually exploited a loophole to his advantage. While insisting southern citizens were always and forever US citizens and never anything else... he utilized a provision reserved for non-citizens... enemies of state... those who do not have citizenship protections under the constitution. He established that on the basis of the CSA declaring their independence while maintaining they didn't exist as an entity. He had his cake and ate it too, so to speak.
Aren't we all glad he did?
You keep taking this further into the weeds.
The slaves were freed. They never went back to slavery.
"At this point, what difference does it make?"
right?
So the hundreds of thousands of former slaves who enrolled for service with the union weren't free?
I doubt there were hundreds of thousands, maybe thousands, perhaps up to 10~20 thousand. Some former slaves also fought for the Confederacy believe it or not. There were also slaves being freed through manumission, so the numbers become very unclear as to where these 'freed slaves' came.
My point has been the ignorance of thinking the Emancipation Proclamation effectively "freed" anything. It didn't. Blacks were not freed from slavery until ratification of the 13th Amendment.
Again... no argument that slaves were confiscated by, and became the property of, the United States Army! If the General wanted to turn them into soldiers, he had that authority under the law. The slave did not become free when he became property of the United States Army.
The Second Confiscation Act says otherwise
The Second Confiscation Act July 17 1862
SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.
SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the government of the United States; and all slaves of such person found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.
Not property of the United States Army- but free- liberated.