The exception of the Border States and Territories, already noted, was also made under this law, but towards the citizens of States of unquestioned loyalty no mercy was shown.

A close search was instituted by Mr.Benjamin, in which agents, former partners, attorneys, trustees, and all who might have the slightest knowledge of a piece of property within the limits of the Confederacy, belonging to a loyal citizen of the United States, were compelled to give information under penalty of a fine which might be as high as five thousand dollars, and imprisonment which might last for six months.

They were forced to tell of any lands, chattels, rights, interests, an alien enemy might have, and also of any debts which might be due to an alien enemy.

Mr.Benjamin's letter of instruction included among alien enemies all "subjects of Great Britain, France, or other neutral nations, who have a domicile or are carrying on business or traffic within the States at war with the Confederacy." It was a scheme of wholesale, cruel confiscation of the property of innocent persons, and the most ingenious lawyer of the Confederacy was selected to enforce it by inquisitorial processes which disregarded the confidence of friendship, the ties of blood, and the loyalty of affection.
The National legislation had given no precedent or warrant for proceedings so harsh.

At the extra session there had been no attempt at the confiscation of any property except that directly used in aid of the insurrection.