(military-directory) (emancipation directory)
As the Senate met in extraordinary session from July 4 to August 6, 1861, one of the wartime measures it considered, was the First Confiscation Act, designed to allow the federal government to seize property, including slave property, being used to support the Confederate rebellion.
The Senate passed the final bill on August 5, 1861, by a vote 24 to 11, and it was signed into law by President Lincoln the next day. Although this bill had symbolic importance, it had little effect on the rebellion or wartime negotiations.
When Congress again convened in December, Senator Lyman Trumbull of Illinois, chairman of the Judiciary Committee, proposed a more comprehensive confiscation bill.
On December 2, 1861, Trumbull introduced the Second Confiscation Act of 1862 to allow for seizure of all Confederate property, whether or not it had been used to support the rebellion.
Before long, however, Trumbull’s bill stalled due to ideological differences over the issue of confiscation.
Radical Republicans called for a vigorous confiscation bill to seize property and free slaves, but more conservative members worried about expanding the reach of the federal government while denying property owners their constitutional rights.
Early in 1862, a group of moderate senators, led by Ohio’s John Sherman, produced a compromise bill that authorized the federal government to free slaves in conquered rebel territory and prohibited the return of fugitive slaves, while allowing for confiscation of Confederate property through court action.
It also allowed the Union army to recruit African American soldiers.
Although more aggressive than the first, the Second Confiscation Act of 1862 also lacked enforcement capabilities.
Loosely enforced by the Lincoln administration, the law was actively undermined by Lincoln’s successor, President Andrew Johnson.
The first Confiscation Act, passed on Aug. 6, 1861, authorized Union seizure of rebel property, and it stated that all slaves who fought with or worked for the Confederate military services were freed of further obligations to their masters.
President Abraham Lincoln objected to the act on the basis that it might push border states, especially Kentucky and Missouri, into secession in order to protect slavery within their boundaries.
He later convinced Congress to pass a resolution providing compensation to states that initiated a system of gradual emancipation, but the border states failed to support this plan.
And Lincoln repudiated the position of Generals John C. Fremont and David Hunter, who proclaimed that the first Confiscation Act was tantamount to a decree of emancipation.
The Second Confiscation Act, passed July 17, 1862, was virtually an emancipation proclamation. (the “silent first”)
It said that slaves of civilian and military Confederate officials “shall be forever free,” but it was enforceable only in areas of the South occupied by the Union Army.
(Note: the Action of military enforcement and protection)
Lincoln was again concerned about the effect of an antislavery measure on the border states and again urged these states to begin gradual compensated emancipation.
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