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... n Jan. 1, 1863, the formal and definite Emancipation Proclamation was issued. The President, by virtue of his powers as commander in chief, declared free all those slaves residing in territory in rebellion against the federal government "as a fit and necessary war measure for suppressing said rebellion." Congress, in effect, had done as much in its confiscation acts of Aug., 1861, and July, 1862, but its legislation did not have the popular appeal of the Emancipation Proclamation—despite the great limitations of the proclamation, which did not affect slaves in those states that had remained loyal to the Union or in territory of the Confederacy that had been reconquered.
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