Confiscation Act of 1861: Difference between revisions
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The '''Confiscation Act of 1861''' was an [[act of Congress]] during the early months of the [[American Civil War]] permitting court proceedings for confiscation of any of [[property]] being used to support the [[Confederate States of America|Confederate]] independence effort, including [[Slavery in the United States|slaves]]. |
The '''Confiscation Act of 1861''' was an [[act of Congress]] during the early months of the [[American Civil War]] permitting court proceedings for confiscation of any of [[property]] being used to support the [[Confederate States of America|Confederate]] independence effort, including [[Slavery in the United States|slaves]]. |
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The [[Bill (proposed law)|bill]] passed the [[United States House of Representatives|House of Representatives]] 60-48 and in the [[United States Senate|Senate]] 24-11. [[Abraham Lincoln]] was reluctant to sign the act; he felt that, in light of the Confederacy's recent battlefield victories, the bill would have no practical effect and might be seen as a desperate move. He was also worried that it could be struck down as [[Constitutionality|unconstitutional]], which would set a precedent that might derail future attempts at emancipation. Only personal lobbying by several powerful Senators persuaded Lincoln to sign the legislation, which he did on August 6, 1861.<ref>[[David Herbert Donald|Donald, David |
The [[Bill (proposed law)|bill]] passed the [[United States House of Representatives|House of Representatives]] 60-48 and in the [[United States Senate|Senate]] 24-11. [[Abraham Lincoln]] was reluctant to sign the act; he felt that, in light of the Confederacy's recent battlefield victories, the bill would have no practical effect and might be seen as a desperate move. He was also worried that it could be struck down as [[Constitutionality|unconstitutional]], which would set a precedent that might derail future attempts at emancipation. Only personal lobbying by several powerful Senators persuaded Lincoln to sign the legislation, which he did on August 6, 1861.<ref>[[David Herbert Donald|Donald, David Herb |
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With respect to slaves, the act authorized court proceedings to strip their owners of any claim to them but did not clarify whether the slaves were free.<ref>[[James M. McPherson|McPherson, James]]. ''[[Battle Cry of Freedom (book)|Battle Cry of Freedom]].'' (1988) p. 356</ref> As a result of this ambiguity, these slaves came under Union lines as property in the care of the [[Federal government of the United States|U.S. government]]. In response to this situation, General [[David Hunter]], the [[Union Army]] military commander of [[Georgia in the American Civil War|Georgia]], [[South Carolina in the American Civil War|South Carolina]], and [[Florida in the American Civil War|Florida]], issued General Order No. 11 on May 9, 1862 freeing all slaves in areas under his command. Upon hearing of Hunter's action one week later, Lincoln immediately countermanded the order, thus returning the slaves to their former status as property in the care of the federal government.<ref>{{cite book| last = Linfield| first = Michael| title = Freedom Under Fire: U.S. Civil Liberties in Times of War| url = https://books.google.com/?id=ta2kvLpA3BoC&pg=PA23| year = 1990| publisher = South End Press| isbn = 978-0-89608-374-5| pages = 23, 30–32 }}</ref> |
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Before the act was passed, [[Benjamin Butler (politician)|Benjamin Franklin Butler]] had been the first Union general to declare slaves as contraband. Some other Northern commanders followed this precedent, while officers from the [[Border states (Civil War)|border states]] were more likely to return escaped slaves to their masters. The Confiscation Act was an attempt to set a consistent policy throughout the army. |
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==Text of the act== |
==Text of the act== |
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Revision as of 23:59, 21 March 2017
 | This article needs additional citations for verification. (October 2013) |
The Confiscation Act of 1861 was an act of Congress during the early months of the American Civil War permitting court proceedings for confiscation of any of property being used to support the Confederate independence effort, including slaves.
The bill passed the House of Representatives 60-48 and in the Senate 24-11. Abraham Lincoln was reluctant to sign the act; he felt that, in light of the Confederacy's recent battlefield victories, the bill would have no practical effect and might be seen as a desperate move. He was also worried that it could be struck down as unconstitutional, which would set a precedent that might derail future attempts at emancipation. Only personal lobbying by several powerful Senators persuaded Lincoln to sign the legislation, which he did on August 6, 1861.Cite error: A <ref> tag is missing the closing </ref> (see the help page).