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. Lincoln gave Attorney General Edward Bates no instructions on enforcing the bill. Few confiscations occurred.

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. 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 Georgia, South Carolina, and Florida, issued General Order No. 11 on May 9, 1862 freeing all slaves in areas under his command. Upon hearing of Hunter's action one week later, Lincoln immediately countermanded the order, thus returning the slaves to their former status as property in the care of the federal government.

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