ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD,

_Secretary of State_.

[From Statutes at Large (Little, Brown & Co.), Vol. XII, p. 589.]

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 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 $10,000, 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.

SEC. 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 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 $10,000, and by the

liberation of all his slaves, if any he have; or by both of said

punishments, at the discretion of the court.

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 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.

SEC. 5. _And be it further enacted_, That to insure the 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:

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, vice-president,

member of congress, judge of any court, cabinet officer, foreign

minister, commissioner, or consul of the so-called Confederate States of

America.

Thirdly. Of any person acting as governor of a State, member of a

convention or legislature, or judge of any court of any of the so-called

Confederate States of America.

Fourthly. Of any person who, having held an office of honor, trust, or

profit in the United States, shall hereafter hold an office in the

so-called Confederate States of America.

Fifthly. Of any person hereafter holding any office or 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.

Sixthly. Of any person who, owning property in any loyal State or

Territory of the United States, or in the District of Columbia, shall

hereafter assist and give aid and comfort to such rebellion; and all

sales, transfers, or conveyances of any such property 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.

SEC. 6. _And be it further enacted_, That if any person within any State

or Territory of the United States, other than those named as aforesaid,

after the passage of this act, being engaged in armed rebellion against

the Government of the United States, or aiding or abetting such

rebellion, shall not, within sixty days after public warning and

proclamation duly given and made by the President 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 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.

SEC. 7. _And be it further enacted_, That to secure the condemnation and

sale of any of such property, after the same shall have been seized, so

that it may be made available for the purpose aforesaid, proceedings _in

rem_ shall 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 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.

SEC. 10. _And be it further enacted_, That no slave escaping into any

State, Territory, or the District of Columbia from any other State shall

be delivered up or in any way impeded or hindered of his liberty except

for crime or 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 and 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

such person to the claimant, on pain of being dismissed from the

service.

SEC. 11. _And be it further enacted_, That the President of the United

States is authorized to employ as many persons of African descent as he

may deem necessary and proper for the suppression of this rebellion, and

for this purpose he may organize and use them in such manner as he may

judge best for the public welfare.

SEC. 12. _And be it further enacted_, That the President of the United

States is hereby authorized to make provision for the transportation,

colonization, and settlement, in some tropical country beyond the limits

of the United States, of such persons of the African race, made free by

the provisions of this act, as may be willing to emigrate, having first

obtained the consent of the Government of said country to their

protection and settlement within the same, with all the rights and

privileges of freemen.

SEC. 13. _And be it further enacted_, That the President is hereby

authorized, at any time hereafter, by proclamation, to extend to persons

who may have participated in the existing rebellion in any State or part

thereof pardon and amnesty, with such exceptions and at such time and on

such conditions as he may deem expedient for the public welfare.

SEC. 14. _And be it further enacted_, That the courts of the United

States shall have full power to institute proceedings, make orders and

decrees, issue process, and do all other things necessary to carry this

act into effect.

Approved, July 17, 1862.

[From Statutes at Large (Little, Brown & Co.), Vol. XII, p. 627.]

JOINT RESOLUTION explanatory of "An act to suppress insurrection, to

punish treason and rebellion, to seize and confiscate the property of

rebels, and for other purposes."

_Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled_, That the provisions of the

third clause of the fifth section of "An act to suppress insurrection,

to punish treason and rebellion, to seize and confiscate the property of

rebels, and for other purposes" shall be so construed as not to apply to

any act or acts done prior to the passage thereof, nor to include any

member of a State legislature or judge of any State court who has not in

accepting or entering upon his office taken an oath to support the

constitution of the so-called "Confederate States of America;" nor shall

any punishment or proceedings under said act be so construed as to work

a forfeiture of the real estate of the offender beyond his natural life.

Approved, July 17, 1862.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 1: Abraham Lincoln · 第 221 / 853 题