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APPENDIX The First and Second Con/iscarion Acts THE FIRST CONFISCATION ACT, AUGUST 6, l86l US. Statutes at Large, XII, 319 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared by proclamation, that the laws ofthe United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed bythe ordinary course ofjudicial proceedings, or bythe power vested in marshals bylaw,anyperson or persons, his,her or their agent, attorney or employee, shall purchase or acquire, sell or give, any properly ofwhatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowinglyuse or employ,or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated and condemned. SEC. 2.Andbeitfurther enacted, That such prizes and capture shall be condemned in the Districtor Circuit Court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they maybe taken and proceedings first instituted. sEc. 3.And beitfurther enacted, That the Attorney General, or any DistrictAttorneyof the United States in which said property maybe at the time be, mayinstitute the proceedings of condemnation, and in such case they shall be whollyfor the benefit of the United States; or any person may file an informationwith such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. SEC. 4. And be itfurther enacted, That whenever any person claiming to be entitled to the service or labor of any other person, under the laws of any State, shall employsuch person in aiding or promoting any insurrection , or in resisting the laws of the United States, or shall permit him to be so employed, he shall forfeit all right to such service or labor, and the person whose labor or service is thus claimed shall be thenceforth discharged therefrom, anylawto the contrary notwithstanding. THE SECOND CONFISCATION ACT, JULY IJ, 1862 U.S. Statutes at Large, XII,589-592 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 138 Appendix: The First and Second Confiscation Acts 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, real and personal, excluding slaves, ofwhich the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding. 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 ofthe United States, or the lawsthereof, or shall give aid or comfort thereto, pr 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 bya 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 ofthe court. 3.And be itfurther 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...

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