The Confiscation Act of 1861: August 6, 1861

An Act to confiscate Property used for Insurrectionary Purposes.

Be it enacted . . . , 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.

SOURCES: William MacDonald, Editor, Documentary Source Book of American History, 1606-1913, p. 443-4; Frank Moore, Editor, The Rebellion Record, Volume 2, p. 475-6

Diary of John Beauchamp Jones: July 2, 1861

There has been some brilliant fighting by several brothers named Ashby, who led a mounted company near Romney. One of the brothers, Richard, was slain. Turner Ashby put half a dozen Yankees hors du combat with his own arm. He will make a name. We have accounts of an extraordinary exploit of Col. Thomas, of Maryland. Disguised as a French lady, he took passage on the steamer St. Nicholas at Baltimore en route for Washington. During the voyage he threw off his disguise, and in company with his accomplices, seized the steamer. Coming down the Bay, he captured three prizes, and took the whole fleet into Fredericksburg in triumph. Lieut. Minor, C. S. N., participated in this achievement. Gen. Patterson, who conciliated the mob in Philadelphia, which had intended to hang me, seems to be true to his pledge to fight the Southern people. He is now advancing into Virginia at the head of a brigade.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 57-8

Diary of Gideon Welles: Saturday, August 16, 1862

With the President an hour or two this A.M., selecting candidates from a large number recommended for midshipmen at the naval school.

Finished a set of instructions for our naval officers in matters relating to prize captures and enforcing the blockade. Mr. Seward sent me a few days since in the name of the President some restraining points on which he wished the officers to be instructed, but I was convinced they would work injury. Have toned down and modified his paper, relieved it of its illegal features, added one or two precautionary points and sent the document to the State Department for criticism and suggestions.

Mem. It may be well, if I can find time, to get up a complete set of instructions, defining the points of international and statute law which are disputed or not well understood.

Have a long telegram from Wilkes, who informs me that the army has left, and asking for instructions what to do now that McClellan has gone. I have not been advised of army movements by either the Secretary of War or General Halleck. Both are ready at all times to call for naval aid, but are almost wholly neglectful of the Navy and of their own duties in regard to it, as in this instance.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 82-3

John M. Forbes to Captain Matthews, July 13, 1861

Boston, July 13, 1861.

Captain Matthews, Steamer Cambridge, Hyannis:

Dear Sir, — Commodore Hudson sends Lieutenant Stevens by this train to represent the government on board Cambridge, and take charge of any warlike operations, but he will doubtless consult with you about the cruise generally.

You will receive a new twelve-pound rifle by the train, with ammunition; also some preserved meats.

Then get, if you can and think best, ten to twenty good men for the cruise.

Follow Lieutenant Stevens's orders, if he comes. If he misses from any cause, get somehow, by purchase or otherwise, enough coal for a cruise of five or six days with what you have got, and run out about northeast and cruise on the north edge of the Gulf in search of privateers — take the responsibility carefully, of hailing vessels, and if you find one that you feel sure is a privateer or pirate, take her, or better still sink her, but be sure you are right before you fire.

I have little doubt the lieutenant will reach you. I have a telegram from Secretary Welles authorizing me to send you on a two or three days' cruise after the privateer. The best chance for catching her will be at the northeast, on the track of vessels bound to New York from Europe. She was last seen Monday night, about one hundred miles southeast from Nantucket; has had light southerly winds since. She is a full-rigged brig, of about 200 tons, formerly the Echo, slaver, has been showing French flag, has cotton foresail and top-gallant sails, hemp trysail. Has three jibs and staysail, about seventy men, Captain Coxetter, First Lieutenant Postell, said to be formerly of Texan navy, one eighteen-pound pivot gun, four thirty-two or twenty-four, and all old guns, no rifled cannon.

There have been two revenue cutters sent from here and United States sloop Vincennes, also several vessels from New York, all intending to cruise to eastward of Nantucket. Your best chance will therefore be further north. The Secretary's directions are to cruise for two or three days, but if you get any information which leads you to hope for success, you must cruise longer.

We shall have troops to send by you about Thursday. Return to Boston after your cruise. I have telegraphed Captain John Eldridge to engage coal and men for you at Hyannis conditionally. See newspapers for particulars about pirates.

Yours,

J. M. Forbes.

SOURCE: Sarah Forbes Hughes, Letters and Recollections of John Murray Forbes, Volume 1, p. 216-7

Senator James W. Grimes to Admiral Samuel F. Du Pont, January 2, 1865

Washington, January 2, 1865.

The prize law¹ of last winter was drawn up by Judge Sprague and R. H. Dana, Jr., of Boston, and passed the House of Representatives as drafted by them with slight modifications. When it came to the Senate, believing that it would be suffered to sleep the sleep of death in the Naval Committee, I got it referred to the Judiciary Committee, and there intrusted to the guardianship of my friend Mr. Foster, of Connecticut, who soon reported it back with the recommendation that the House amendments be disagreed with, and that the bill be passed precisely as it came from Messrs. Sprague and Dana. This was done, the House concurred, and thus the bill became a law.

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¹ Approved, June 30, 1864.

SOURCE: William Salter, The Life of James W. Grimes, p. 272-3

From Washington

WASHINGTON, May 4.

The War Department has received advices from Gen. Halleck, which indicate that important events will take place in the neighborhood of Corinth in two or three days.

This is authority for stating that there is not a shadow of foundation for the rumor of French intervention for an armistice with the rebels.

WASHINGTON, May 4.

The U. S. steamer Mercidita, on the 27th ult., near Hole in Wall, captured steamer Bermuda, having 4,200 pounds powder, seven field carriages, a number of cannon, swords, pistols, shells, fuses, cartridges, saltpeter, saddles, tin, &c.  She was taken to Philadelphia for adjudication.

After the 1st of June all letters mailed in the U. S. for Nova Scotia will be required pre-payment of postage.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Tuesday Morning, May 6, 1862, p. 2

New York, May 3 [1862].

The gunboat Santiago De Cuba, from Port Royal 30th, arrived, bringing the prize rebel steamer Isabella, formerly the Ella Worley, from Nassau to Charleston, with arms, ammunition, wines, cigars and medicines.

The Santiago chased the Nashville but she was too swift for her.

The Santiago also captured a schooner from Charleston with cotton; also 2 other schooners with cargoes from the southern ports.  Nothing new from Port Royal.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Tuesday Morning, May 6, 1862, p. 2

New York, May 4 [1862].

The steamer Empire City, from Port Royal, arrived with the prize steamer Nastro Signora.  Captains and crews of the prizes Dixie, Wave and Bella are prisoners aboard the Empire City.

The Steamer Roanoke, from Havana 29th, has arrived.  Papers from Mexico state that the French commissioners had stated they would no longer treat with the present Mexican Government.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Tuesday Morning, May 6, 1862, p. 2

Prizes

BALTIMORE, April 14. – The U. S. Steamer Hercules, Thos. S. Dungan, commanding, arrived at this port this morning having with her the schooner Iseride, previously noticed as being captured, and the sloops Wren & Velma, both of Great Wicanoco, Western shore of Virginia. Also prizes on board the Velma, were five passengers from Richmond – one of them a captain in the rebel army. On searching the vessel there was found a large mail containing about 200 letters, a number of which were addressed to persons in Baltimore, and a large number of persons in various parts of the State of Maryland.

On searching the crew there was also found $5,000 in old Virginia notes. The Velma had sometime previously been cleared from this port for Parlance Sound with a cargo consisting of provisions of various kinds. This cargo, instead of being discharged in a Maryland port was taken over to the Great Wicomico River and there discharged within the boundaries of Virginia. The sloop in ballast was coming back to get a new cargo.

The rebel Captain previous to being captured burned his commission, remnants of which being found among the ashes, he acknowledge the fact, and also that he had been engaged in the battle of Manassas.

– Published in the Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, April 19, 1862