Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1865-08-24
thus liable to forfeit be saved from oonis.
CATION

THE CoNFIseATIoN ACT OF 1852, AND THE
REMEDY.
Having in our previous issue alluded to
the various Confscation Acts still of force
which we're passed during the first year Of
the war, we now devote q brief space to
the consideration of that which is gener-
ally-kuown as "The Con6scation Act" and
which on the 18th of July, 1862, received
the approval of the President, and become,
therefore, portion of the constituted law
of the country. ~
It was by the terms of this Act that the
slaves of all persons Who were concerned
inthe struggle with the United States were
declared and nade-free. This lis atopic,
however, of but little practical Interest now,
as By subsequent legislation all those ioho
sscere7 formerly held en- serott,sde Aaoe pass
ed absolutely and aoitsoat 2any qaaliiisSca-
tion or humiliation into condition of free.
dom. According to its stipulations the
President was authorized to make pruvis.
ion, if he should deem proper, for the
transportation, colonization and settlement
in some tropical country beyond the limits
of the United States of such Of the Afri.
can race as should thus be made free, and
who should be willing to. emigrate, having
first obtained the consent of. the Govern
ment in, which il was proposed to settle
them, for their protection, and the security
of their rights and privileges as freemen.
He was also empowered thereby to employ
as many Of them as he might regard neces-
sary for the suppression of the existing
contest and for this purpose to organize
and use them in such manner as he might
Judge most conducive to the public welfare.
1t was in conformity with the authority
thus conferred that eolored troops were
employed in the armies of the q. States.
The particular points, however, to which
we desire to call attention, are the pains it
imposed on those who were in array against
and did not acknowledge the control of the
Government, and the measures itannounced
in reference to the seizure and confscation
of their property.
It explicitly sets forth that any person
who should thereafter incite, set on foot,
assist or engage in, or give aid or comfort
to any existing rebellion or insurrection
against the United States, should, upon
conviction thereof, be punished by auim.
prisonment of not exceeding ten years, and
fine of not more, than ten thousand dollars,
and in addition thereto should be forever
incapable and disqualified from holding any
office under the United States. This was
the penalty it declared against persons.
In relation to the subject of property it
proclaimed it as the duty of the President,
With view to the speedy termination of
the wal, to cause the seizure of all the es.
tate Of every kind, character and descrip.
ton, of the following class of persons, to
wit: All officers of the army and the navy
who were in Confederate service and in
arms against the United States, the Presi.
dent, Vice,Presidept, members of Con-
gress, Judges of any of the Courts; Cabinet
officers, foreign Ministers, Commissioners
or CoDsuls; Governors of any Of the States;
members of the various Conventions and
Legislatures, and those who having held
any Office of honor, trust or profit under
the United States, should accept any Office
in the Confederate States. In fact, it en-
braced within its terms all persons who
should hold any Office or agency under the
then Confederate States, or in any of the
States of the said Confederacy,, whether
such Office or agency should be in its name
and character national, State or municipal.
1t will therefore, be perceived, that the
property of the individuals thus enumera.
ted BECAME liable, according to its declara,
tions, to be seized and appropriated at any
moment to the use of the Government AS
to all persons than those above named, who
should after the passage of the Act be en-
gagged in armed array against its authority,
or who should aid or abet resistance to its
rule, it officially made known that if they
shosad not, within sixty days after public
warning and proclamation given by the
President of the United States, cease to
aid, countenance aud abet such armed re.
sistauce, and return to their allegiance, all
their estate, property, moneys, stocks and
credits should become liable to seizure !;
and it was declared to be the duty of the
President to seize and use them, or the pro-
ceeds thereof, forsthe interests of the Gov
ernment. Italso. enuneiated that all sales
OF transfers of any such property, after the
expiration of the said sixty days from the
date of this warning and proclamation,
were absolutely null and void, and in order
to ensure the condemnation and sale of
such property directed proceedings to be in.
stituted in the United States Courts.
The proclamation Of warning was issued
by the President in conformity Herewith.
It is under this Act that the recent pro-
ceedings in Virginia and Tennessee have
been commenced.
From an examination, therefore, of this
statute, and of those heretofore adverted to,
it appears
First, That all persons who have either
been engaged, or have in any way aided or
abetted the late effort to throw off the Gov
ernment of the United States, are declared
by the laws of Congress to be liable to the
penalties of either treason or conspiracy,
according to the peculiar circumstances Of
each case.