Confiscation Act of 1861

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.

[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] Before the act was passed, Benjamin Franklin Butler had been the first Union general to declare slaves as contraband.

Some other Northern commanders followed this precedent, while officers from the border states were more likely to return escaped slaves to their masters.

It has been enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employée, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.