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The Confiscation Act of 1862, or Second Confiscation Act, was a law passed by the United States Congress during the American Civil War. [1] This statute was followed by the Emancipation Proclamation, which President Abraham Lincoln issued "in his joint capacity as President and Commander-in-Chief".
The First Confiscation Act, signed into law on August 6, 1861 stated that: Weapons must be seized from all citizens with intent to rebel. Weapons are to be retrieved from the field of battle so as not to be returned to rebellious persons. The Second Confiscation Act was signed into law on July 17, 1862 and contained provisions such as:
This unit was formed under the second Confiscation Act of 1862. The 1862 Confiscation Act stated properties including slaves belonging to disloyal citizens (supporters of the Confederacy) in the South belonged to the Union (United States).
On August 6, 1861, the First Confiscation Act freed the slaves who were employed "against the Government and lawful authority of the United States." [52] On July 17, 1862, the Second Confiscation Act freed the slaves "within any place occupied by rebel forces and afterwards occupied by forces of the United States."
The first official authorization to employ African Americans in federal service was the Second Confiscation and Militia Act of July 17, 1862. This act allowed President Abraham Lincoln to receive into the military service persons of African descent and gave permission to use them for any purpose "he may judge best for the public welfare."
On July 21, 1862, four days after signing the Militia and Second Confiscation Acts, Lincoln met with his cabinet to inform them that he intended to implement the military and emancipation provisions of the acts, but not the colonization, and the next day he shared with the cabinet the preliminary emancipation proclamation.
The Militia Act of 1862 (12 Stat. 597, enacted July 17, 1862) was an Act of the 37th United States Congress, during the American Civil War, that authorized a militia draft within a state when the state could not meet its quota with volunteers.
The act that was passed is entitled "An Act to Suppress Insurrection; to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other purposes". It is colloquially referred to as the "second Confiscation Act". The act essentially lessened the punishment for treason.