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Act of JusticeLincoln's Emancipation Proclamation and the Law of War$
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Burrus M. Carnahan

Print publication date: 2007

Print ISBN-13: 9780813124636

Published to Kentucky Scholarship Online: September 2011

DOI: 10.5810/kentucky/9780813124636.001.0001

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Congress Acts and the Confederacy Responds

Congress Acts and the Confederacy Responds

(p.82) (p.83) 6 Congress Acts and the Confederacy Responds
Act of Justice

Burrus M. Carnahan

University Press of Kentucky

This chapter discusses the Lincoln administration, which by the spring of 1862 accorded Confederate forces all the rights of legitimate belligerents under the laws of war. The administration was not, however, asserting the full belligerent right to seize enemy property or free enemy slaves. This restrictive policy on enemy slaves arose from precedents established by the War Department early in the Civil War in response to correspondence with General Benjamin Butler. The chapter also introduces other laws and acts, such as the Confederate sequestration law and the Federal Confiscation Act, which also dealt with the property and slaves of the enemy.

Keywords:   Lincoln administration, Confederate forces, laws of war, enemy slaves, War Department, Civil War, General Benjamin Butler, Confederate sequestration law, Federal Confiscation Act

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