Confiscation Act of 1862 facts for kids
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Full title | An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes. |
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Colloquial name(s) | Second Confiscation Act |
Introduced in | 37th United States Congress |
Introduced on | May 14, 1862 & July 15, 1862 |
Citations | |
Public Law | Pub.L. 37-195 |
Stat. | 12 Stat. 589 |
Legislative history | |
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The Confiscation Act of 1862, also known as the Second Confiscation Act, was an important law passed by the United States Congress during the American Civil War. This act aimed to weaken the Confederacy by taking away property from people who supported the rebellion. It also declared that enslaved people who came under Union control would be set free forever. This law was a big step towards President Abraham Lincoln's Emancipation Proclamation.
Contents
What Was the Confiscation Act of 1862?
The Confiscation Act was put into law on July 17, 1862. Its main goal was to allow the government to seize land and property from people in the South who supported the Confederacy. It also said that enslaved people owned by these supporters, who then came under the Union's control, would be freed.
Punishments for Rebellion
This law set out serious consequences for those who acted against the United States. If someone was found guilty of treason against the U.S., they could face a long prison sentence or a large fine. Their enslaved people, if any, would also be set free.
The act also targeted anyone who helped or supported the rebellion. This included Confederate military officers, government officials, or anyone who swore loyalty to the Confederacy. Even citizens from Union states who helped these rebels could face severe penalties.
How the Act Helped the Union
This law was very helpful to the Union military. When enslaved people were freed, they could provide valuable information to Union forces. This information helped the Union gain a strategic advantage over the Confederates.
The act also made it clear that anyone who committed these offenses could not hold any federal office in the future. This part of the law is still similar in the United States Code today.
Freedom for Enslaved People
A major difference between this act and the first Confiscation Act was the permanent freedom it offered. The first act didn't clearly state what would happen to enslaved people after the war. However, the Second Confiscation Act clearly said that all enslaved people covered by it would be permanently free.
This act also stopped anyone in the military from returning enslaved people who had escaped. This was true even for those who had escaped from Union states where slavery was still legal.
March Haynes' Story
One enslaved man named March Haynes helped many others escape to Union lines. He worked with Union General Quincy Adams Gillmore. In return for his help, Haynes gave Gilmore "exact and valuable information" about where Confederate defenses were and how strong their forces were. This shows how important the freedom offered by the act was.
Key Sections of the Act
While the full text of the act is very long, here are some of its most important parts:
- Section 1 focused on treason, which is betraying your country. It stated that those found guilty would have their enslaved people freed.
- Section 2 dealt with rebellion and insurrection. It said that anyone who started or helped a rebellion would face consequences, including the liberation of their enslaved people.
- Section 3 made it clear that anyone guilty of these offenses could never hold a U.S. government job again.
- Section 5 gave the President the power to seize property from key Confederate figures. This included military officers, government officials, and anyone holding office in the Confederacy. The seized property would then be used to support the Union army.
- Section 6 allowed the President to seize property from anyone still supporting the rebellion after a public warning.
- Section 9 was very important for enslaved people. It stated that all enslaved people who escaped to Union lines, or were captured, or found in areas taken by Union forces, would be considered "captives of war" and would be "forever free."
- Section 10 prevented anyone in the military from returning escaped enslaved people. It also required anyone claiming an escaped person to prove they were the lawful owner and had not supported the rebellion.
- Section 11 gave President Lincoln the power to use African American people in the fight against the rebellion. This was a key part that led to the formation of African American regiments in the Union army.
- Section 13 allowed the President to offer pardons to people who had participated in the rebellion. This was a way to encourage them to stop fighting.
See also
- Confiscation Act of 1861
- Crimes Act of 1790