Statement of payments made to the States and Territories for expenditures made by them in the suppression of Indian hostilities, as shown by the books of the Third Auditor of the Treasury-Continued.

1836

For amount advanced to the State of Georgia on account of expenses incurred in calling out her militia in 1836, as per Second Comptroller's letter, No. 1160, January 10, 1846. 1879 Refunding to State of Georgia expenses of Indian wars from 1835 to 1838. (Act March 3, 1879)..

NOTE.-Amount passed to the credit of the State of Kansas on Second Comptroller's letter, No. 4756, dated November 13, 1884, under act June 27, 1882, for expenses incurred in suppressing Indian hostilities; and the same has been reported to Congress for appropriation, $332,308.13.

CONFISCATION ACTS.

[12 Stat. L., p. 319.[

AN ACT To confiscate property used for insurrectionary purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, When property That if, during the present or any future insurrection insurrection may against the Government of the United States, after the

used in aiding

be confiscated.

President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent,

attorney, or employé, shall purchase or acquire, sell or give, any property of whatsoever 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 knowingly use 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.

to be condemned.

SEC. 2. And be it further enacted, That such prizes and In what courts capture shall be condemned in the district or 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 may be taken and proceedings first instituted.

tute proceedings

use.

SEC. 3. And be it further enacted, That the Attorney- Who to instiGeneral, or any district attorney of the United States in for condemnation, which said property may at the time be, may institute the and for whose proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with 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 it further enacted, That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the Uaited States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act.

Approved, August 6, 1861.

When claims to

persons held to

service and labor

to be forfeited.

[12 Stat. L., p. 589.]

punished.

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 RepresentaTreason, how tives 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, 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.

Engaging or assisting, &c., in

the United States, how punished.

SEC. 2. And be it further enacted, That if any person rebellion against 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.

Disqualified to hold office.

This act not

to affect

less, &c.

those

SEC. 3. And be it further enacted, That every person guilty of either of the offenses 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 guilty before, un- 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.

President cause the ure of the tate, &c.

to

seiz

SEC. 5. And be it further enacted, That to insure the es- 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:

Of rebel officers.

Of President or

other officer of so

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, called Confeder- vice-president, member of congress, judge of any court, cabinet officer, foreign minister, commissioner, or consul of the so-called Confederate States of America.

ate States.

of any of the said

Thirdly. Of any person acting as governor of a State, of governor, &c., member of a convention or legislature, or judge of any States. court of any of the so-called Confederate States of America.

Of sons holding of

Fourthly. Of any person who, having held an office of of certain perhonor, trust, or profit in the United States, shall hereafter fices of honor, etc. hold an office in the so-called Confederate States of America.

Proviso.

Fifthly. Of any person hereafter holding an office or Same subject. agency under the Government of the so-called Confederate States of America, or under any of the several States of the said confederacy, or the laws thereof, whether such office or agency be national, State, or municipal in its name or character: Provided, That the persons thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the constitution of, the so-called Confederate States.

Of certain per

property to be

Sixthly. Of any person who, owning property in any sons aiding, etc., loyal State or Territory of the United States, or in the the rebellion. District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; and all sales, transfers, or Sales of such conveyances of any such property shall be null and void; void. and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

Property, eta,

to give such aid

after proclama

seizure, etc.

to

SEC. 6. And be it further enacted, That if any person of persons in within any State or Territory of the United States, other States in rebelthan those named as aforesaid, after the passage of this etc., in the rebelact, being engaged in armed rebellion against the Govern- lion, not ceasing ment of the United States, or aiding or abetting such within 60 days rebellion, shall not, within sixty days after public warn- tion by the Presiing and proclamation duly given and made by the President, liable dent of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, moneys, stocks, and credits, of such person shall be liable to seizure as aforesaid, and it shall be the duty of the President to seize and use them as aforesaid, or the proceeds thereof. And all sales, transfers, or conveyances of any Sales, etc., void. such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

secure condemna

SEC. 7. And be it further enacted, That to secure the Proceedings to condemnation and sale of any of such property, after the tion, etc., of such same shall have been seized, so that it may be made avail- property. able for the purpose aforesaid, proceedings in rem shall

Power of courts in such cases.

Certain slaves to be deemed cap

to be set free.

be instituted in the name of the United States in any district court thereof, or in any territorial court, or in the United States district court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases; and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies' property, and become the property of the United States, and may be disposed of as the court shall decree, and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid.

SEC. 8. And be it further enacted, That the several courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises.

SEC. 9. And be it further enacted, That all slaves of tives of war and 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 on [or] being within any place occupied by rebel forces, and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.

Escaped slaves not to be surren

SEC. 10. And be it further enacted, That no slave escapdered, unless ing into any State, Territory, or the District of Columbia, make oath that from any other State shall be delivered up, or in any way the alleged owner impeded or hindered of his liberty, except for crime, or

claimant shall

is loyal, etc.

some offense against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid or comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretense whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any