, 1862-05-27
The Cosl1scation Bill as Reported
by Mr. Eliot.


Passed By the House May 2eth.
a By to eQndseate the property of rebels for
the payment Of the expenses Of the present
rebellion. and for other purposes. i
by the amendment Of Hon Roscoe Conk
ling, the following section Is changed in m1n-
ner reported In ou1 Washington dispatches
elsewhere, and the bill SO passed.
: Be it enacted 6y tie Senate and House Of Rsp-
rcsentatstxs ef tte United &ates Of A,ner5oa, IN
Congress assembled, That all the property,
moneys, stocks, credits and effects OF the per.
Eon or persons hereafter named and specified
in this section, arc hereby declared forfeited
to the United States, and are hereby declarcd
lawful subjects Of prize and capture wherever
found, for the indemnity Of the United States
against the expenses Of suppress!1y the pres
cnt rebellion !; that !: 10 say,
First-Qf persons hereafter acting as officers
OF the army OF navy Of the rebels nov or
lert after in arms against the Government Of
the United States.
Second-0f persons hereafter acting as Pres
ident, Vice President, Member Of Congress.
or Judge Of the so-called Confederate States
State Conventions and Legislatures, and
Judges Of Courts of States now in rebellion.
Fbusfh-Of persons who having held an
Office OF honor, trust or profit in the United
States, shall hereafter hold m once IN the So
called Confederate 5tates.
FrN-Of persons hereafter holding any
office or employment under the government
al lie so-called Confederate States OF under
any Of the several States Of said Contederacy,
or the laws thereof whether such office or
employment be national, State or municipal
in It's Tia1nc or character.
Si7ti-Of persons who, owning property in
any loyal State or Territory Of the United
S!alrs, or in the District Of Columbia, shall
hereafter assist aud give aid and comfort to
such rebellion; and the said property and
persons aforesaid, arc hereby declared lawful
subjects OF capture wherever found; aud tue
President Of the United States shall cause the
same to kc seized, to the end that they may be
coLfscated and condemned, as hereinafter
provided to the use Of the United States; and
all sales, transfers, or conyeyances By my
such person aforesaid, Of any such property,
shall bc null and void; and it shall be sufi-
cieut bar to any such suit brought by such
person to recover the possession or for the
use Of such property, or any Of 1t, to allege
and prove that he is one OF the persons de-
scribcd in this section,
SEC. 2 And be it further enacted, That il
any other perEon or persons, within any State
or Territory OF the United States, not being
named OF specified as aforesaid, after the pas
sage Of This act. being engaged iu armed re-
bellion against the Government of the United
shall not, within sixty days after public WARN
ing and proclamation duly given and made
by the President Of the United States, cease
to aid, conntenance and abet such rebellion,
and return to their allegiance, all the moneys,
property, stocks aud credits OF snch person
or persons are hereby declared thereafterwards
fortified to to the Government Of the United
States, and the same are hereby declared lawful
subjects ofprfze and capture wherever fouad !;
and the President Of the United States
shall cause the same to be seized, to the end
that the same may be confscated and con-
demned as hereinafter provided to the use OF
the United States; and all sales, transfers OF
conrcyances, by any such person Of aHy such
property, or Of any claim to the service or Ia.
bor OF enothe1 after the expiration Of the said
proclamation shall be duly given as aforesaid,
shall be null and void; and it shall be q sufh.
cient bar to any suit brought By such person
to recover possession or for the use Of such
property or any OF it, or to enforce such Ser:
vice OF labor, to allege and .p<oge that he i
one Of the persons described in this section.
Sec. 3. Ind be it jtirthe7. enacted, That to SC
cure possession Of any Of such property. stu.
ate and being in loyal States or districts il
which the ordinary course Of Judicial proceed
ings is not obstructed by the rebellion, pro
ceedings in rem shall be instituted in thu
estate or property above described, or AMI
rart thereof, may be found, which proceeding
Shall conform as nearly as mag be to proceed
irgs in Prize cases, or to cases Of forfestur,
arising under The revenue laws; and in al
cases the said property so seized and con
demnee, whether real or personal, shall b,
sold, pursuant to such rules as the Secretar,
Of the Treasury may prescribe, and the pro
ceeds deposited in The Treasury Of the Unite,
States for their use and benefit.
SEC. T. dad Be it further enacted, That th.
property seized as Aforesaid, situate and bein,
in StatAR n f5Effia{E in vor
course Of judicial proceedings is obstructe
by the rebellion, shall be used, occupied
rented or held until the ordinary course q
Judicial proceedings shall be restored in til
State or district in which the said property i
situate when the proceedings il, rem. shall b
sale in the mode aforesaid, and the proceed
applied as aforesaid. Provided, That perish.
BILE articles seized under that bill shall be use
or sold, pursuant to sucll rules as may be pr
scribed as Aforesaid, and the proceeds apple
as ahovc provided.
SEC S. And BE- il further enacted, That tt
several District Courts Of the United Stat,
shall have power to issue all process, wheth,
mcsne OF final. including process as In cast
of foreign attachment, and to do every 9th
this act into full effect. And tie Attornt
General, or any District Attorney Of tho U1
ted States, or Of any district In which the "a
property or effects may at the time be, or in
which the same may be taken, shall ins1itu
the proceedings aforesaid.
Sec. g. 47ed be It further enacted, That iu S
cases arising under this act where the pr
cceds Of property sold shall be paid into Il
Treasury Of the United States, distinct a
count ebal1 be kept thereof, and the san
shall not be used BY the United States uni
it shall be ascertained whether the person
persons who owned the said property wer
lawfully indebted to any loyal person or pc
sons who wou1d be 1iable to lose BY reason
such seizure, condemnation and sale; Al
any such loyal person or persons shall C
hlblt their claims against the form
owner Of such property within the spa
been deposited in the Treasury Of the Units
States, and not thereafterwards except
hereinafter stated; and such claim shall be e
bibited to the Secretary of the Treasury; al
and l. such proceedings, proofs mud hearin
to be prescribed By the Secretary Of The Tn
sury, as shall correctly ascertain the tr
amount Of said Indebtedness; and thercup
the Secretary Of the Treasury shall have t
right to pay such Indebtedness from t
MONEYS Aforesaid: Ptoridad, That if su
go deposited in the Treasury, t
several claims exhibited and ascl
tanned shall be ratah1y paid: 4nd propid.
further, Tint in no event shall any lars
sums be paid from the Treasury than eh
uase oeeu ueposateu tncte on account OF
said property Ind prorided, also, That
claim shall be received OF examined viii
Shall not have been exhibited within s:
ninety days, unless the claimant shall sh
and prove good and sufficient cause, withc
fault on his part, for neglect in delay, to /
satisfaction Of the Secretary Of the Treasu
and according to such rules as shall be .
EcIibed by him Tor ali like cases, and
Judgment Of the Secretary Of the Treas
shall be final In the premises.
PR0CEknINGS m CoNrREsg