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civil or criminal, shall be maintained for any arrest or imprisonment made, or other trespasses or wrongs done or committed, or act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the President of the United States, or by or under any act of Congress, unless the same shall have been commenced within two years next after such arrest, imprisonment, trespass, or wrong may have been done or committed or act may have been omitted to be done: Provided, That in no case shall the limitation herein provided commence to run until the passage of this act, so that no party shall, by virtue of this act, be debarred of his remedy by suit or prosecution until two years from and after the passage of this act.

APPROVED, March 3, 1863.

No. 33.

Act for the Collection of Abandoned
Property

March 3, 1863

A BILL " to provide for the collection of abandoned property, for the purchase of staples, and for the prevention of frauds in the insurrectionary districts within the United States," was introduced in the Senate, February 19, 1863, by Zachariah Chandler of Michigan, and referred to the Committee on Commerce, which reported it with amendments on the 26th. Of the amendments agreed to by the House, the most important were those providing that the act should not apply to naval prizes, and striking out the section authorizing the purchase of certain agricultural staples by agents of the government. The bill passed the House February 27, and the Senate March 3.

REFERENCES. Text in U.S. Statutes at Large, XII, 820, 821. For the proceedings see the House and Senate Journals, 37th Cong., 3d Sess., and the Cong. Globe. The House proceedings are not important. See also House Exec. Doc. 99, 39th Cong., 1st Sess.

An Act to provide for the Collection of abandoned Property and for the Prevention of Frauds in insurrectionary Districts within the United States.

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Be it enacted ., That it shall be lawful for the Secretary of the Treasury, from and after the passage of this act, as he shall

from time to time see fit, to appoint a special agent or agents to receive and collect all abandoned or captured property in any state or territory, or any portion of any state or territory, of the United States, designated as in insurrection against the lawful Government of the United States by the proclamation of the President of July first, eighteen hundred and sixty-two: Provided, That such property shall not include any kind or description which has been used, or which was intended to be used, for waging or carrying on war against the United States, such as arms, ordnance, ships, steamboats, or other water craft, and the furniture, forage, military supplies, or munitions of war.

SEC. 2. And be it further enacted, That any part of the goods or property received or collected by such agent or agents may be appropriated to public use on due appraisement and certificate thereof, or forwarded to any place of sale within the loyal states, as the public interests may require; and all sales of such property shall be at auction to the highest bidder, and the proceeds thereof shall be paid into the treasury of the United States.

SEC. 3. And be it further enacted, . . . And any person claiming to have been the owner of any such abandoned or captured property may, at any time within two years after the suppression of the rebellion, prefer his claim to the proceeds thereof in the court of claims; and on proof to the satisfaction of said court of his ownership of said property, of his right to the proceeds thereof, and that he has never given any aid or comfort to the present rebellion, to receive the residue of such proceeds, after the deduction of any purchase-money which may have been paid, together with the expense of transportation and sale of said property, and any other lawful expenses attending the disposition thereof.

SEC. 4. And be it further enacted, That all property coming into any of the United States not declared in insurrection as aforesaid, from within any of the states declared in insurrection, through or by any other person than any agent duly appointed under the provisions of this act, or under a lawful clearance by the proper officer of the Treasury Department, shall be confiscated to the use of the Government of the United States. And any agent or agents,

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person or persons, by or through whom such property shall come within the lines of the United States unlawfully, as aforesaid, shall be judged guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars, or imprisoned for any time not exceeding one year, or both, at the discretion of the court. . .

SEC. 5. [Pay of special agents at ports opened in states in insurrection.]

SEC. 6. And be it further enacted, That it shall be the duty of every officer or private of the regular or volunteer forces of the United States, or any officer, sailor, or marine in the naval service of the United States upon the inland waters of the United States, who may take or receive any such abandoned property, or cotton, sugar, rice, or tobacco, from persons in such insurrectionary districts, or have it under his control, to turn the same over to an agent appointed as aforesaid, who shall give a receipt therefor; and in case he shall refuse or neglect so to do, he shall be tried by a court-martial, and shall be dismissed from the service, or, if an officer, reduced to the ranks, or suffer such other punishment as said court shall order, with the approval of the President of the United States.

SEC. 7. And be it further enacted, That none of the provisions of this act shall apply to any lawful maritime prize by the naval forces of the United States.

APPROVED, March 12,1 1863.

No. 34.

Resolution against Foreign Mediation

March 3, 1863

DECEMBER 4, 1862, Thaddeus Stevens offered in the House four resolutions, one of which declared "that this government can never accept the mediation nor permit the intervention of any foreign nation during this rebellion in our domestic affairs." A report from the Secretary of State, with documents, "on the subjects of mediation, arbitration, or other measures look1 See House Report 108, 38th Cong., Ist Sess.

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ing to the termination of the existing civil war," was laid before the Senate February 12, 1863, and referred to the Committee on Foreign Relations, which reported on the 28th, through Charles Sumner, the resolution following. The resolution passed the Senate March 3, by a vote of 31 to 5, and the House on the same day by a vote of 103 to 28.

REFERENCES. · Text in Senate Journal, 37th Cong., 3d Sess., 367, 368. There was no debate in the House. For the diplomatic correspondence see British and Foreign State Papers, LV, 412–451. See also Nicolay and Hay, Lincoln, VI, chap. 4.

WHEREAS it appears from the diplomatic correspondence submitted to Congress that a proposition, friendly in form, looking to pacification through foreign mediation, has been made to the United States by the Emperor of the French and promptly declined by the President; and whereas the idea of mediation or intervention in some shape may be regarded by foreign governments as practicable, and such governments, through this misunderstanding, may be led to proceedings tending to embarrass the friendly relations which now exist between them and the United States; and whereas, in order to remove for the future all chance of misunderstanding on this subject, and to secure for the United States the full enjoyment of that freedom from foreign interference which is one of the highest rights of independent states, it seems fit that Congress should declare its convictions thereon: Therefore

Resolved, (the House of Representatives concurring,) That while in times past the United States have sought and accepted the friendly mediation or arbitration of foreign powers for the pacific adjustment of international questions, where the United States were the party of the one part and some other sovereign power the party of the other part; and while they are not disposed to misconstrue the natural and humane desire of foreign powers to aid in arresting domestic troubles, which, widening in their influence, have afflicted other countries, especially in view of the circumstance, deeply regretted by the American people, that the blow aimed by the rebellion at the national life has fallen heavily upon the laboring population of Europe: yet, notwith

standing these things, Congress cannot hesitate to regard every proposition of foreign interference in the present contest as so far unreasonable and inadmissible that its only explanation will be found in a misunderstanding of the true state of the question, and of the real character of the war in which the republic is engaged.

Resolved, That the United States are now grappling with an unprovoked and wicked rebellion, which is seeking the destruction of the republic that it may build a new power, whose corner-stone, according to the confession of its chief, shall be slavery; that for the suppression of this rebellion, and thus to save the republic and to prevent the establishment of such a power, the national government is now employing armies and fleets, in full faith that through these efforts all the purposes of conspirators and rebels will be crushed; that while engaged in this struggle, on which so much depends, any proposition from a foreign power, whatever form it may take, having for its object the arrest of these efforts, is, just in proportion to its influence, an encouragement to the rebellion, and to its declared pretensions, and, on this account, is calculated to prolong and embitter the conflict, to cause increased expenditure of blood and treasure, and to postpone the much-desired day of peace; that, with these convictions, and not doubting that every such proposition, although made with good intent, is injurious to the national interests, Congress will be obliged to look upon any further attempt in the same direction as an unfriendly act which it earnestly deprecates, to the end that nothing may occur abroad to strengthen the rebellion or to weaken those relations of good will with foreign powers which the United States are happy to cultivate.

Resolved, That the rebellion from its beginning, and far back even in the conspiracy which preceded its outbreak, was encouraged by the hope of support from foreign powers; that its chiefs frequently boasted that the people of Europe were so far dependent upon regular supplies of the great southern staple that, sooner or later, their governments would be constrained to take

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