The
Confiscation Act of 1861 was signed into law August 6th 1861 by
President Abraham Lincoln and included taking slaves.
The bill for
the Confiscation Act of 1861 passed both houses of Congress by a wide majority,
but Lincoln was hesitant to sign. With
recent Confederate victories he felt the Act would look reckless, and that it
could be seen as unconstitutional. He
was lobbied by several Senators who explained that the Act was necessary to
take any property; including slaves, that could be used to support the
Confederacy’s war efforts. He signed the
Act into law August 6th 1861.
“An Act to confiscate Property used for Insurrectionary
Purposes.
It has been
enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That if, during the present or any future
insurrection against the Government of the United States, after the President
of the United States shall have declared, by proclamation, that the laws of the
United States are opposed, and the execution thereof obstructed, by
combinations too powerful to be suppressed by the ordinary course of judicial
proceedings, or by the power vested in the marshals by law, any person or
persons, his, her, or their agent, attorney, or employé, shall purchase or
acquire, sell or give, any property of whatsoever kind or description, with
intent to use or employ the same, or suffer the same to be used or employed, in
aiding, abetting, or promoting such insurrection or resistance to the laws, or
any person or persons engaged therein; or if any person or persons, being the
owner or owners of any such property, shall knowingly use or employ, or consent
to the use or employment of the same as aforesaid, all such property is hereby
declared to be lawful subject of prize and capture wherever found; and it shall
be the duty of the President of the United States to cause the same to be
seized, confiscated, and condemned.
SEC. 2. And
be it further enacted, That such prizes and capture shall be condemned in the
district or circuit court of the United States having jurisdiction of the
amount, or in admiralty in any district in which the same may be seized, or
into which they may be taken and proceedings first instituted.
SEC. 3. And
be it further enacted, That the Attorney-General, or any district attorney of
the United States in which said property may at the time be, may institute the
proceedings of condemnation, and in such case they shall be wholly for the
benefit of the United States; or any person may file an information with such
attorney, in which case the proceedings shall be for the use of such informer
and the United States in equal parts.
SEC. 4. And
be it further enacted, That whenever hereafter, during the present insurrection
against the Government of the United States, any person claimed to be held to
labor or service under the law of any State, shall be required or permitted by
the person to whom such labor or service is claimed to be due, or by the lawful
agent of such person, to take up arms against the United States, or shall be
required or permitted by the person to whom such labor or service is claimed to
be due, or his lawful agent, to work or to be employed in or upon any fort,
navy yard, dock, armory, ship, entrenchment, or in any military or naval
service whatsoever, against the Government and lawful authority of the United
States, then, and in every such case, the person to whom such labor or service
is claimed to be due shall forfeit his claim to such labor, any law of the
State or of the United States to the contrary notwithstanding. And whenever
thereafter the person claiming such labor or service shall seek to enforce his
claim, it shall be a full and sufficient answer to such claim that the person
whose service or labor is claimed had been employed in hostile service against
the Government of the United States, contrary to the provisions of this act.”