We can go back and forth in an effort to support our position, but my only point, that Lincoln freed the slaves held by the Confederacy, under the Confiscation Act. The slaves were considered property.
The Supreme Court, in upholding the Act, argued that extraordinary conditions justified such a law as part of broad military powers. In other words, the exercise of confiscation was a war power and not a criminal measure for the punishment of a crime.
B. The Confiscation Act of 1862 and Civil War Forfeitures