Nonsense. Your entire premise is false. As the seizure and control of an enemy's territory doesn't happen complete and in total from one day to the next. It happens incrementally.
And any territory that the Union seized resulted in freed slaves. As an added bonus, many slaves fled to the North after the Proclamation. Virginia for example lost 60% of its adult male slaves by 1865. With those pieces of Confederate territory that remained behind Union lines for most of the war having losses in excess of 70%.
What the **** are you rattling on about? The map posted showing the status of slaves when the EP was issued is not happening incrementally. The blue areas are areas which were under Union control at the time EP became effective. Slaves there were NOT freed because it would have been unconstitutional. The government CANNOT seize property without due process.
Any territory seized by the Union resulted in CONFISCATED slaves who became property of the US Army for the duration of the war. They were NOT freed!
Yes... MANY slaves, in the chaos of war, managed to escape and flee North where they gained their freedom. That's a far cry from being liberated by the EP.
Again... for the not-so-bright... He could not Constitutionally free slaves belonging to legitimate law-abiding American citizens.
Sure he could. The Confiscation Acts, specifically those of 1862 allowed for the seizure of any slave contributing to the war effort. Which it defined as any slave in the Confederacy. The US government took possession of the slaves. And as the owners of said slaves had every authority to free them.
As remember, the Confederates weren't 'law abiding American citizens'. But criminals in rebellion waging war against their government. And as such any property they owned that contributed to that insurrection was forfeit.
Again.... for the millionth time... the Confiscation Acts were
military actions approved by Congress.
[...allowed for the seizure of any slave contributing to the war effort.] Slaves were
NOT freed, hence the name,
CONFISCATION Act. They were impressed by the Union Army and used to dig trenches and graves, dispose of corpses and amputated limbs, etc. Thousands upon thousands DIED under the "care" of the Union Army.
Most of the higher-ranking members of the Union army were abhorrently racist people who, if anything, had a particular dislike for the slaves because they saw them as the reason they were having to fight this bloody war. They had very little compassion for the slave.
The 4th Amendment to the Constitution is very clear.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Slaves were still property under US Law and SCOTUS upheld that. Lincoln simply had no constitutional authority to seize property of law-abiding American citizens. NONE! ZERO! ZILCH! ---THE ONLY way he could do so was as a
military action at time of war, and that is the justification used for both the Confiscation Acts and the Emancipation Proclamation.
Some may argue.. oh, but this was never challenged.. doesn't matter... it all became a moot point with passage and ratification of the 13th Amendment.