s of the Confederacy, belonging to a loyal citizen of the
United States, were compelled to give information under penalty of
a fine which might be as high as five thousand dollars, and
imprisonment which might last for six months. They were forced to
tell of any lands, chattels, rights, interests, an alien enemy
might have, and also of any debts which might be due to an alien
enemy. Mr. Benjamin's letter of instruction included among alien
enemies all "subjects of Great Britain, France, or other neutral
nations, who have a domicile or are carrying on business or traffic
within the States at war with the Confederacy." It was a scheme
of wholesale, cruel confiscation of the property of innocent persons,
and the most ingenious lawyer of the Confederacy was selected to
enforce it by inquisitorial processes which disregarded the confidence
of friendship, the ties of blood, and the loyalty of affection.
The National legislation had given no precedent or warrant for
proceedings so harsh. At the extra session there had been no
attempt at the confiscation of any property except that directly
used in aid of the insurrection. Slaves were added to his class
only after it was learned that they were thus employed by the
Confederates. Not only therefore did the Confederacy introduce
slaves as a component element of the military force, but it resorted
to confiscation of a cruel and rigorous type as one of the sources
of financial strength. If the Confederate authorities had not thus
set the example, it would have been difficult, perhaps impracticable,
to induce Congress to entertain such a line of policy. Many were
in favor of it from the first, but so many were against it that
the precedent thus established by the Confederacy was not only an
irresistible temptation but a justifying cause for lines of National
policy which were afterwards complained of as unusual and
oppressive.
[* NOTE.--The following is a complete list of the Senators who served
in the Thirty-seventh Congress. Republicans in Roman, Democrats
in Italic, American or Old-Line Whigs in small capitals.
CALIFORNIA.--_Milton S. Latham; James A. McDougall._
CONNECTICUT.--James Dixon; Lafayette S. Foster.
DELAWARE.--_James A. Bayard; Willard Saulsbury._
ILLINOIS.--_Stephen A. Douglas_, died June 3, 1861; Lyman Trumbull;
Orville H. Browning, appointed in place of Douglas; _William A.
Richardson_, elected in place of Douglas.
INDIANA.--_Jesse D. Bright_, ex
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