[140] the captor for his expense and losses; it is upon this basis that it is recognized. At the same time there is a mode of procedure attached to its exercise by which it is reserved from the domain of plunder and devastation. As has been already shown, there are, under the law, exemptions of certain classes of property. It is further required that the property subject to confiscation shall be actually captured and taken possession of. It shall then be adjudicated as prize by a proper authority, then sold, and the money received must be deposited in the public treasury. Such are the conditions attached by the law of nations to legal confiscation. Now, compare these conditions with the act of Congress, that in its true light the usurpations of that body may be seen. The act of Congress allowed no exemptions of private property, but confiscated all the property of every kind belonging to persons residing in the Confederate States who were engaged in hostilities against the United States or who were aiding or abetting those engaged in hostilities. This includes slaves as well as other property. The act provided that the slaves should go free; that is, they were exempted from capture, from being adjudicated and sold, and no proceeds of sale were to be put into the public treasury. The following sections are from the act of the United States Congress, passed on August 6, 1861:
section 1. 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 employee 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. section 3. The proceedings in court shall be for the benefit of the United States and the informer equally. section 4. That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock,
