Confiscation Act of 1861

The Confiscation Act of 1861 was an act of Congress during the early months of the American Civil War permitting court proceedings for confiscation of any of property being used to support the Confederate independence effort, including slaves.

The bill passed the House of Representatives 60-48 and in the Senate 24-11. Abraham Lincoln was reluctant to sign the act; he felt that, in light of the Confederacy’s recent battlefield victories, the bill would have no practical effect and might be seen as a desperate move. He was also worried that it could be struck down as unconstitutional, which would set a precedent that might derail future attempts at emancipation. Only personal lobbying by several powerful Senators persuaded Lincoln to sign the legislation, which he did on August 6, 1861.[1] Due to the fact that the bill was based on military emancipation, no judicial proceedings were required and therefore Lincoln gave Attorney General Edward Bates no instructions on enforcing the bill. Within a year of its passage, tens of thousands of slaves had been freed by the First Confiscation Act.[2]

With respect to slaves, the act authorized court proceedings to strip their owners of any claim to them but did not clarify whether the slaves were free.[3] As a result of this ambiguity, these slaves came under Union lines as property in the care of the U.S. government. In response to this situation, General David Hunter, the Union Army military commander of GeorgiaSouth Carolina, and Florida, issued General Order No. 11 on May 9, 1862 freeing all slaves in areas under his command.[4] Upon hearing of Hunter’s action one week later, Lincoln immediately countermanded the order,[5] thus returning the slaves to their former status as property in the care of the federal government.[6]

https://en.wikipedia.org/wiki/Confiscation_Act_of_1861

Joshua 6:19 (1599 Geneva Bible)

19 But all silver, and gold, and vessels of brass, and iron shall be [a]consecrate unto the Lord, and shall come into the Lord’s treasury.Read full chapter

Footnotes

  1. Joshua 6:19 And therefore cannot be put to any private use, but must be first molten, and then serve for the Tabernacle.

Joshua 6:19 in all English translations

tabernacle (n.)

mid-13c., “portable sanctuary carried by the Israelites in the wilderness,” from Old French tabernacle “the Jewish Tabernacle; tent, canopy; tomb, monument” (12c.), from Latin tabernaculum “tent,” especially “a tent of an augur” (for taking observations), diminutive of taberna “hut, cabin, booth” (see tavern).

§ 8-202. ISSUER’s RESPONSIBILITY AND DEFENSES; NOTICE OF DEFECT OR DEFENSE.

(a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is issued.

https://www.law.cornell.edu/ucc/8/8-202

§1503. International obligations of the United States

To the extent that this chapter conflicts with an obligation of the United States arising out of any treaty or other form of agreement to which it is a party with one or more other countries, the requirements of the treaty or agreement prevail.

(Added Pub. L. 109–8, title VIII, §801(a), Apr. 20, 2005, 119 Stat. 136 .)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1503&num=0&edition=prelim