Year: 1862




ton 5 and G of an act of Congress, ap- |
proved July 18th, 1862, entitled " An act |
to suppress insurrection, to punish treas
on and rebellion, to seize and confcate
the property of rebels, and for other pur
poses" as also to joint resolution of
Congress explanatory thereof, which sec
ton and resolution are as follows:


SEc. 5. That to insure the speedy
termination of the present rebellion, it
shall be the duty of the President Of the
United States to cause the seizure of all
the estate and property, money, stocks,
credits and effects of the persons herein
after named in this section, and to apply
and use the same and the proceeds there
of for the support of the army of the
United States, that is to say: lst Ofany
person hereafter acting as an officer of
the army or navy of the rebels in. arms
against the government of the United
States Secondly. OF any person here
after acting as President, Vice Presi-
dent, Member of Congress, Judge of any
Court, Cabinet Officer, Foreign Minister,
Commissioner or Consul Of the so-called
Confederate States of America. Thirdly.
OF any person acting as Governor Of
State, Member OF Convention or Legis-
lature, or Judge of any Court of any of
the so-ealled Confederate States of Amer
lea. Fourthly OF any person who, hav-
ing held an Office of honor, trust or profit
in the United States, shall hereafter hold
an office in the so-calied Confederate
States of America. Filthy. Ofany per-
son hereafter holding an Office or agency
under the government of the so-called
Confederate States Of America, or under
any of the several States of the said Con-
federacy, or the laws thereof, whether
such Office or agency be national, State
or municipal in its name or. character;
provided, that the persons thirdly,
fourthly and filthy above described, shall
have accepted their appointment or
election since the date of the pretended
ordinance of secession of the State, or
shall have taken the oath of allegiance
to support the constitution of the so-
called Confederate States. Sixthly.
OF any person who, owning property in
any loyal State or Territory or in the
District of Columbia, shall hereafter as
sist and give aid and comfort to such re-
bellion; and all sales, transfers or con-
veyanees of any such property shall be
null and void; and it shall be a sufficient
bar to every suit brought by such person
for the possession or the use of such prop
erty, or any Of it, to allege and prove
that he is one of the persons described in
this section. iass =
SEC. 6. That if any person within any
/ State or Territory of the United States,
other than those named as aforesaid, af-
/ ter the passage of this act, being engaged
! in armed rebellion against the Govern
ment of the United States, or aiding or
abetting such rebellion, shall not within
sixty days after public warning and proc
lamation duly given and made by the
President of the United States, cease to
aid, countenance and abet such rebel
j lion, and return his allegiance to the Uni
ted States, all the estate and property,
moneys, stocks and credits of such per-
I son shall be liable to seizure as afore-
said, and it shall be the duty of the
President to seize and use them as afore-
said or the proceeds thereof And all
sales, transfers or. conveyances, of any
| such property after the expiration of the
said sixty days from the date of such
warning and proclamation, shall be null
and void Z and iteshall be a sufficient bar


to any suit brought by such person for
the possession or the use of such proper
ty or any of it, to allege and prove that
4 he is one of the persons described in this


section" Then section seven of this act
provides That to secure the condemns


tion and sale of any of such property,


proceeding in rem shall be Instituted in


the name Of the United States in the


District Court, "and if said property,


whether real or personal, shall be found
ITO have belonged to person engaged in
, rebellion, or who has given aid or com
fort thereto, the same shall be condemned


as enemies property"


The joint resolution, approved the
same date of the act, qualities the same


as follows: at tla


"That the provisions of the third clanse
of the fifth section shall be so construed
as not to apply to any act or acts done


prior to the passage thereof; nor to in
\ clude any member of State Legislature


or Judge of any State Court, who has
not, in accepting or entering upon his
. Office, taken an oath to support the Con-
stitution of the so-called Confederate


States Of America nor shall any pun
ishment or proceedings under said act,
be so construed as. to work a forfeiture


of the real estate of the offender beyoHd


his natural life. Z. - =


Section FIVE became the law from the
d date Of its approval. The President is


sued his proclamation in pursuance of


the provisions of section sir, on the 25th


of july, and the sixty days expired on


the Esd day of September, hence since
that date, said section has been in force.
Justice demands the rigid enforcement
of this law against national criminals. |
am satisfied there is large amount of


property in this State which should be
confscated and the proceeds applied to
the support of the Union army ! there
!. fore earnestly request all persons who


NAV know of any "estate and property,
money, stocks, credits and effects own
4 led by rebels, to furnish me at the earliest


moment all the information within their


power. As only life estate in realty


can be confscated would suggest that
wild or unimproved lands as a general
rule would not sell for sum sufficient
To nav the cost of proceedings in court