, 1862-01-21
Senator TrumbuIlss Bill for Conflaca-
tfon and Emancipation.

tfon and Emancipation.
On Thursday the Judiciary Committee Of
the Senate authorized their Chairman, Mr.
Trumbull, to report the following bill to
confscate the properly and free the slaves Of
rebels:
Be- it enacted by tie Senate and HOUSE Of Rep
Tesentatires Of The United States Of Af,eTica IN
Eongyess assembled, That the property, real
and personal, Of every kind Whatsoever and
wheresoeyer situated, within the limits Of the
United States, belonging to any person or per
sons beyond the jurisdiction Of the same, or
to any person Or persons in any State or Dis
triet, within the United States, now in State
Of insurrection and rebellion against the au-
thority thereof, SO that in either case the or.
djnarr process Of law cannot be observed up
On them, who shall, during the present rebel
lion, be found in arms against the United
States, or giving MD and comfort to said re- :
bellion, shall be forfeited and coufi5catcd to
the United States, and such forfeiture shall
take Immediate effect upon the commission of
the act Of forfeiture, and all right, title and
CHIN Of the person committing such act, to-
gether with the right OF power to dispose Of or
alliuate his property Of any and every desrip-
ton, shall instantly cease and determine, md
the same sho1l ut once vest in the United
States.
SEC. 2. Had 6e it further enacted, That eve
r. person having claim to the service or labor
Of any other person in any State under the
the ElWs thereof, who duri1!!, the present r.
belllon shall take up arms against the United
States, or in any manner give aid and comfort
; to said rebellion, shall thereby forthwith for
felt all claim to such service or labor, and the
| persons from which it is claimed to be due,
| commonly called slaves, shall, tpso .jatto, on
/ tie commission Of the act Of forfeiture by the
! party having elaim to the service or labor as
aforesaid, be discharged tAeEefrom, and be-
| coH:c forever thereafter free persons, any law
of any State, CT Of the United States, to the
! contrary Notwithstanding; whenever any per-
| son claiming to be entitled to the service or
I labor OF any other person declared to be
discharged from such labor or service under the
| provisions Of this act, shall seek to enforce
such claim, H. sfa1l in the first instance, and
| before any order for surrender Of the person
whose service is claimed establish not only his
title to such service, Is now provided 1,y Law,
but also that he Is and hls been during the
existing rebellion, loyal to the Government of
the United States, and no person aged in
the military or naval service Of tho United
States, sEall, nnder any pretencc whatever,
assume to decide on the validity Of the claim
| Of any person to. the service or labor Of any
son 10 the claimant.
SEC. 8. An4 X it further enacted, That it
shall be the duty Of the President Of the Uni-
ted States to make provision for the transport
alton. colonization and settlement, in some
tropical country beyond the limits of the
United States, Of such persons Of the African
rice, made free by the provisions of this act,
as may he willing to enj4rate, having first Oh.
tanned the consent Of the Government Of said
country to their protection and settlement
within the same, with all the rights and priyi
/ 1egcs Of frecmcn.
SEC. 4. AtzI &c it jiurtAe7 e5laetal, That it
shall be the duty of the President OF the Cni
. ted Statcs, as often Us in his opinion the mill
, tary necessities Of the army, or the safety, in
. tcrest and welfare Of the United States in re
hr1 to ,r< oIo11.
require, to order the seizure and appronsie
/ tion BY such officers, military OF civil, AZ
le may designate for the purpose, O
any and all property sconfiscated aud for
fsited under and BY virtue Of this act, situated
and being iu any district Of the United States
! beyond the reach Of civil process in the ordi
nary course cf Judicial proceedings hy reason
: Of such rebellion, and the sale or other dispo
sition Of said property or so much Of it as b,
shall deem advisable.
: SEC. 5. Ard te it further enacted, That i
shall be The duty Of the officers so designated
to make to the President full reports OF tlci
:. proceedings under such orders, wlic, reports
|. shall bc filed in the office Of tile Secretary o
the Treasury: and all moneys received on til,
sale Of the contiseated property Of any person
as aforesaid, shall be deposited in the Unite,
! / States Treasury.
SEC. t. A,ac'6t it }uffhe,. enaeted, That for tn
l | purpose of enforcing the forfeiture, specific,
in the first section of this act, OF propcrt
situate and teing in loyal Suites or district
i'll which the ordinary course Of j,llcial pro
cectlings is not obstructcd by tile rebellion
proceedings, IN rrm- may be Instituted in th
name Of thu United States in any Distric
? Court Of the United States, within which Il,
{ estate or property so forfeited, or any par
Y thereof may be found, which proceedings sial
conform, as nearly as may be, to the proceed
z ings in prize cases or to cases Of forfeitur
i arIEin. under tie revenue laws, AMI in all case
t the property condemned, whether real or pei
i so1'aI, shall bc sold, and the proceeds deposit
L cd as provided in the fifth section of tllis act
!. SEC. :. and 6e it f't3fAe,. enacted Tha. til
4 several District Courts Of tho United State
!. :. are hereby Invested with power to issue Al
! | process, whether mcsne or tina1 includin
r @af7shec and process Us in cases OF foreign Al
$ tacttnicnt, and TO do every other matter all
y thing necessary Or proper 10 carry out tie pu
c poses OF this act.