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tHe second confiscAtion Act, July 17, 1862 U.S. Statutes at Large 12:589–92. An extension of the First Confiscation Act of 1861, this act expands upon and clarifies the law of confiscation especially as it applied to the slaves of those persons in rebellion. It provides a judicial process—known as in rem proceedings—for removing title to private property from one party and delivering that title to another party. This act specifies the persons in rebellion that its provisions may be applied against and the punishments that can be inflicted on such persons. Section 9 provides freedom for slaves of persons in rebellion and for runaways from slavery, and Section 12 provides the president the power to relocate and colonize those newly freed persons “in some tropical country beyond the limits of the united States.” Yet, Section 11 also authorizes the president to employ such newly freed persons as he thinks appropriate, so while colonization of African Americans was still contemplated, this act also recognizes the military/manpower value to the union of such freed persons. Controversially, President Abraham lincoln threatened to veto the act. under threat of that veto and on the same day, Congress passed a supplement to this act to clarify its intentions with this important federal statute. lincoln did not veto the Second Confiscation Act, but signed both the act and its supplement. Chap. CXC.—An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the united States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be imprisoned for not less than five years and fined not less than ten thousand dollars, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, Documentary History of the American Civil War era 98 real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding. Sec. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the united States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments , at the discretion of the court. Sec. 3. And be it further enacted, That every person guilty of either of the offences described in this act shall be forever incapable and disqualified to hold any office under the united States. Sec. 4. And be it further enacted, That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the united States before the passage of this act, unless such person is convicted under this act. Sec. 5. And be it further enacted, 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 hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the army of the united States, that is to say: First. of any 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 hereafter 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 of America. Thirdly. of any person acting as governor of a state, member of a convention or legislature, or judge of...

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