The Journal of Negro History, Volume 7, 1922Various
History
The Journal of Negro History, Volume 7, 1922
Various
African Americans -- Periodicals
In the very beginning of the Thirty-seventh Congress there came a
series of antislavery measures which constituted a complete and
decisive reversal of the policy of the Federal Government.[30] On
March 13, 1862, Congress approved an act, which prohibited all
military and naval officers and enlisted personnel from returning
fugitive slaves. Section 10 of the Confiscation Act, virtually an
amendment of the Fugitive Slave Law, which withheld from the claimant
the right to use his authority until he had taken an oath of
allegiance, and made it tantamount to a crime for any person in the
army or navy to surrender a fugitive slave or attempt to validate the
owner's claim, was rigidly enforced. Wishing to see Liberia and Haiti
welcomed into the family of nations, moreover, Lincoln in his annual
message in the previous December recommended the recognition of their
independence and the establishment of diplomatic relations with the
new nations. This resolution was passed by a Congress and approved
June 5, 1862. Lincoln then effected the passage of a measure to carry
into execution the treaty between Great Britain and the United States
for the suppression of the African slave trade. Soon thereafter
followed an act to secure freedom to all persons within the
territories of the United States. The Republican party had thus
carried out its platform by its restoration of the Missouri
Compromise, its extension and application to all Territories, and as a
logical result the rejection and condemnation of the Dred Scott
decision and the subversive property theory of the secessionists.[31]
Then followed the Confiscation Act, the discussion of which was
closely followed by Lincoln, who had his views incorporated therein by
pointing out its defects and suggesting amendments. Whereas the act of
August 6, 1861, freed slaves actually employed in military service,
the new Confiscation Act of 1862 proved to be a law to destroy slavery
under the powers of war. In conjunction with provisions for punishing
treason or rebellion it declared free all slaves of persons guilty and
convicted of these crimes, and provided that slaves deserted by rebels
escaping from them or coming under control of the United States and
slaves of rebels found on Union soil should be deemed captives and set
free. Then again, there were enacted other provisions, which by
implication permitted the employment of slaves in the United States
army that they might work their own enfranchisement. Under this law
the President was empowered to enroll and employ contrabands in such
service as they were fitted for. Their mothers, wives, and children,
if owned by rebels, should be declared free by virtue of such service.
The eleventh section of the Confiscation Act authorized the President
to employ as many Negroes as he might deem necessary for the
suppression of the rebellion. The organization of the earliest Negro
regiments resulted from this legislation.
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