Confiscation

WASHINGTON, May 14 – The first bill reported by Mr. Elliott, from the Special Conference provides that all the estate, property and money, stock, credit and effects of the person or persons hereafter named, are declared forfeited to the Government of the United States, and are declared lawful subjects of seizure and of prize and capture wherever found, for the indemnity of the United States against the expenses for suppressing the present rebellion; that is to say,

1.  Of any person hereafter acting as an officer in the army of the Rebels, now or hereafter in arms against the Government of the United States.

2.  Any person hereafter acting as President, Vice President, Member of Congress, Judge of any Court, Cabinet officer, Foreign Minister, Commissioner, or Consul of the so-called Confederate States.

3.  Any person acting as Governor of State, member of Convention, or Legislature, or Judge of any Court of the so-called Confederate States

4.  Any Person who having held an office of honor, trust or profit in the United States, shall hereafter hold an office in the so-called Confederate states.

[5].  Any person hereafter holding any office or agency under the so-called Confederacy, or under any of the several States of said Confederacy, or laws thereof, whether such officer or agency be National, State, or Municipal in its name or character.

6.  If any person, who holding property in the loyal State or territory of the United States or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion, the said estate, property and money, stocks, credits and effects of these persons are declared lawful subjects of capture wherever found, and the President of the United States shall cause the same to be seized, and to the end that they may be confiscated and condemned to the use of the United States, and all sales, transfers or conveyances, shall be null and void, and it shall be a sufficient bar to any suit brought by such person for the possession and for the use of such property, or any of it, to allege and prove he is one of the persons described in this section.

The second section provides that if any person within any State or Territory of the United States, other than those already specified, shall not within 60 days after public warning and proclamation by the President, cease to aid and countenance and abet such rebellion and return to their allegiance, their property in like manner shall be forfeited for the use of the United States.  All sales, transfers, or conveyances of any such property, after the expiration of said 60 days from the date of the warning shall be null and void.

The 3d section provides that to secure the possession, condemnation and sale of such property situated or being in any State district or Territory of the United States.  Proceedings in such cases shall be instituted in the name of the United States, in any District court or Territorial court in the United States, or the District of Columbia, or in any district in which the property may be found, or into which the same, of moveable, may be first brought, which proceeding shall conform, as nearly as may be, to the proceedings in Prize cases, or to cases of forfeiture arising under the revenue laws, and the property so seized and condemned, whether real or personal, shall be sold under the decree of the court having cognizance of the case, and then proceeds to go into the Treasury of the United States for their use and benefit.

The remainder of the sections provide the necessary machinery for carrying the act into effect.

The second bill of the Select Committee is as follows:

If any person or persons, within the United States, shall, after the passage of this act, willfully engage in an armed rebellion against the Government of the United States, or shall willfully aid or abet such rebellion, or those engaged in such rebellion, giving them aid and comfort – every such person shall thereby forfeit all claim to the service or labor of any persons commonly known as slaves, and such slaves are hereby declared free and forever discharged from service, anything in the laws of the United States, or any State to the contrary notwithstanding, and whenever thereafter, any person claiming the labor or service of any such slave, shall seek to enforce this claim, it shall be sufficient defence thereto that the claimant was engaged in said rebellion, or aided or abetted the same, contrary to the provisions of this act.

Whenever any person claiming to be entitled to the service or labor of any other person, and shall seek to enforce such claim, he shall in the first instance and before any service shall be made for the surrender of the person whose service or labor is claimed, establish not only his claim to such service or labor, but also that such claimant has not in any way aided, assisted or countenanced the rebellion existing against the Government of the United States.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 17, 1862, p. 3