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 Posted: Mon Mar 10th, 2008 05:45 am
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cklarson
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Dear FedReb et al.

Very good question regarding the Emancipation Proclamation. This is why people need to read my biography of Anna Ella Carroll, _Great Necessities: The Life, Times and Writings of AEC, 1815-1894_ (http://www.xlibris.com/amazon.com) in which I reprint the 4 major legal pamphlets Carroll wrote for Lincoln, at his request, on the war powers of the Federal Government, including emancipation and the rights of Southerners. She is considered one of the best trained legal minds in the country at the time.

In her pamphlet _The Relatoin of the National Government to the Revolted Citizens Defined_, Carroll goes into the difference between foreign and civil wars. In a foreign war, every citizen of the enemy state is considered a belligerent. But in a civil war, one has to actually take up arms against the govt. to be considered a rebel which is why military commission trials for citizens were held during the war: to determine their belligerent status (as well as guerrilla status for war crimes prosecution). Because of this the government could not confiscate property (slaves) of citizens who were not rebels or who were not governed by martial law. During the war, the Confederacy was the only region that was fully governed by military law, as it was the seat of war in which military operations were taking place and in which citizens were in rebellion. Thus, as stated in the Emancipation Proclamation, Lincoln freed the slaves only in the states deemed in rebellion, because the use of slave labor had become a potent part of the Confederacy's military machine. He freed the slaves as a temporary war measure under his powers as commander-in-chief. As Carroll wrote, the Proclamation could not be a general transfer of property title and it had to expire once the war emergency expired as war measures can only be temporary--to meet the crisis of the war. That is why the 13th Amendment had to be passed: to abolish slavery.

CKL
[See note on my books in announcements]

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