[Twenty Years of Congress, Vol. 1 (of 2) by James Gillespie Blaine]@TWC D-Link bookTwenty Years of Congress, Vol. 1 (of 2) CHAPTER XVI 50/52
The final vote was 27 in favor to 12 against it. The Act, as it finally passed, affixed to the crime of treason the punishment of death, or, at the discretion of the court, imprisonment for not less than five years and a fine of not less than ten thousand dollars,--all the slaves, if any, to be declared free.
"To insure the speedy termination of the present rebellion" it was made the duty of the President to cause the seizure of the estate and property, money, stocks, credits, and effects of the following classes of persons: First, all those hereafter acting as officers of the army or the navy of the rebels in arms against the government of the United States; second, of any person acting as President, Vice-President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner, or consul of the so-called Confederate States; third, of any person acting as governor of a State, member of a convention or Legislature, or judge of any court of any of the so-called Confederate States of America; fourth, of any person who having held an office of honor, trust, or profit in the United States shall hereafter hold an office in the so-called Confederate States; fifth, of any person hereafter holding any office or agency under the so-called Confederate States or under any of the several States of said Confederacy; sixth, of any person who owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to the rebellion.
"And all sales, transfers, or conveyances of any such property shall be null and void; and it shall be a sufficient bar to any suit brought by such persons for the possession or use of such property, or any of it, to allege and prove that he is one of the persons described in this section." In the provisions of the Act directly affecting slavery it was declared that "All slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army, and all slaves captured from such persons, or deserted by them and coming under the control of the Government of the United States, and all slaves of such persons found or being within any place occupied by rebel forces and afterward occupied by the forces of the United States, shall be deemed captives, shall be forever free of their servitude, and not again held as slaves." This provision had a very sweeping application.
Even if the war had ended without a formal and effective system of emancipation, it is believed that this statute would have so operated as to render the slave system practically valueless.
When the war closed it is probable that not less than one-half of all the slaves of the rebel States had come within the scope of this statute, and had therefore been declared legally free by the legislative power of the United States. CONFISCATION OF REBEL PROPERTY. Mr.Lincoln signed the Confiscation Act with reluctance.
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