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the Property of Rebels, and for other Pur

hat every person who shall hereafter comagainst the United States, and shall be shall suffer death, and all his slaves, if nd made free; or, at the discretion of the oned for not less than five years and fined nd dollars, and all his slaves, if any, shall ee;

urther enacted, That if any person shall oot, assist, or engage in any rebellion or authority of the United States, or the laws or comfort thereto, or shall engage in, or any such existing rebellion or insurrection, f, such person shall be punished by imnot exceeding ten years, or by a fine not dollars, and by the liberation of all his or by both of said punishments, at the

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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.1

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 cecession 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

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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 of 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 servi tude, and not again held as slaves.

SEC. 10. And be it further enacted, That no slave escaping inte any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered his liberty, except for crime, or some offence against the laws

1 See joint resolution of July 17 (U. S. Stat. at Large, XII., 627). — ED.

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 pretence 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.

II.

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.

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A DRAFT of an emancipation proclamation was read to the Cabinet by incoln July 22, 1862, but at Seward's suggestion the paper was laid aside til an important Union victory should have been won. The desired vicry came at Antietam, September 16-17. A preliminary proclamation was sued September 22, and the definitive one January 1, 1863. December 15, the House, a resolution declaring that the proclamation of September 22 s warranted by the Constitution," and that the policy of emancipation “was ll chosen as a war measure, and is an exercise of power with proper regard · the rights of the States and the perpetuity of free government," was opted by a vote of 78 to 51.

REFERENCES.—Text in U.S. Statutes at Large, XII., 1268, 1269. Various olutions submitted in the House and Senate are collected in McPherson, bellion, 209-233; on Fremont's proclamation of August 31, 1861, see ., 245-247. See also House Exec. Doc. 72, 37th Cong., 3d Sess.

WHEREAS, ON

[September 22, 1862]. . ., a proclamation issued by the President of the United States, containing, among er things, the following, to wit:

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all persons held as

slaves within any state or designated part of a state, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever, free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

"That the Executive will, on the first day of January aforesaid, by proclamation, designate the states and parts of states, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any state, or the people thereof, shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such states shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such state, and the people thereof, are not then in rebellion against the United States."

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, by virtue of the power in me vested as commander-inchief of the army and navy of the United States, in time of actual armed rebellion against the authority and Government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, .... [1863] .. and in accordance with my purpose so to do, publicly proclaimed for the full period of one hundred days from the day first above mentioned, order and designate as the states and parts of states wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana, (except the parishes of St. Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, Sti Martin, and Orleans, including the city of New Orleans,) Missis sippi, Alabama, Florida, Georgia, South Carolina, North Carolina and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkeley, Accomac, North ampton, Elizabeth City, York, Princess Ann, and Norfolk including the cities of Norfolk and Portsmouth,) and which

parts of states are, and henceforward the Executive Government of the United litary and naval authorities thereof, will he freedom of said persons.

upon the people so declared to be free olence, unless in necessary self-defence; em that, in all cases when allowed, they onable wages.

e and make known that such persons, of be received into the armed service of the son forts, positions, stations, and other ls of all sorts in said service.

incerely believed to be an act of justice, titution upon military necessity, I invoke nt of mankind and the gracious favor of

*

54. Enrolment Act

March 3, 1863

Four days later

ordered a draft of 300,000 men. en liable to be drafted should be allowed to go to aft was completed early in September. A bill to alling out the national forces was reported in the by Wilson of Massachusetts, from the Committee tia, to whom the subject had been referred, and on vision. In the House a motion to limit the enrollost by a vote of 53 to 85; an attempt to strike lause also failed, the vote being 67 to 87. FebruThe Senate concurred in the House amendet was approved. A proclamation under section

use.

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