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The Confiscation Act of 1862, or Second Confiscation Act, was a law passed by the United States Congress during the American Civil War.[1] This statute was followed by the Emancipation Proclamation, which President Abraham Lincoln issued "in his joint capacity as President and Commander-in-Chief".[2]
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| Long title | An Act to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other Purposes. |
|---|---|
| Nicknames | Second Confiscation Act |
| Announced in | the 37th United States Congress |
| Citations | |
| Public law | Pub. L. 37–195 |
| Statutes at Large | 12 Stat. 589 |
| Legislative history | |
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The Confiscation Act was enacted on July 17, 1862.[3] The defining characteristic of the act was that it called for court proceedings for seizure of land and property from disloyal citizens (supporters of the Confederacy) in the South as well as the emancipation of their slaves that came under Union control.[1] Under this act, conviction of treason against the U.S. could be punishable by death or carry a minimum prison sentence of five years and a minimum fine of $10,000.[3] This law also stated that any citizen convicted of aiding and abetting any person known to have committed treason against the United States could be imprisoned for up to 10 years and face a maximum fine of $200,000, if convicted.[3] This law specifically targeted the seizure of property of any Confederate military officer, Confederate public office holder, persons who have taken an oath of allegiance to the Confederacy or any citizen of a loyal Union state who has given aid or support to any of the aforementioned traitors to the United States of America.[3] This act helped the Union military because freed slaves could supply the forces with information to gain a strategic advantage over the Confederates.[1]
Section 1 of the Act targeted treason, Section 2 more broadly targeted insurrection and rebellion, and Section 3 disqualified anyone who commits these offenses from serving in any federal office. These provisions regarding insurrection, rebellion, and disqualification remain substantially the same in the United States Code today.[4] Neither the Act nor the federal Constitution define "insurrection" or "rebellion," but Supreme Court precedent understands the former term to mean any uprising against the lawful authority of the government, and the latter to mean such an uprising that has organized itself within a particular territory.[5]
The most significant change over the first confiscation act was the final status of escaped slaves. While the first act did not make any determination on the final status of slaves after the war was over, the Second Act explicitly said that all slaves covered under it would be permanently freed.[6]
One man, March Haynes, began smuggling people to the freedom of the Union lines with the help of Union General Quincy Adams Gilmore. In return for his help, Haynes provided Gilmore with "exact and valuable information" on the location of Confederate defenses and the strength of their forces.[1]
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