O.R.--SERIES II--VOLUME II [S# 115]
CONFEDERATE POLITICAL ARRESTS.
Miscellaneous Confederate Correspondence Relating to Political Arrests During the First Year of the War.--#1
-----
An act respecting alien enemies, approved August 8, 1861.
The Congress of the Confederate States of America do enact, That whenever there shall be a declared war between the Confederate States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted or threatened against the territory of the Confederate States by any foreign nation or government and the President of the Confederate States shall make public proclamation of the event, or the same shall be proclaimed by act of Congress, all natives, citizens, denizens or subjects of the hostile nation or government, being males of fourteen years of age and upward, who shall be within the Confederate States and not citizens thereof shall be liable to be apprehended, restrained or secured and removed as alien enemies:
Provided, That during the existing war citizens of the United States residing within the Confederate States with intent to become citizens thereof and who shall make a declaration of such intention in due form, and acknowledging the authority of the Government of the same, shall not become liable as aforesaid, nor shall this act extend to citizens of the States of Delaware, Maryland, Kentucky, Missouri and of the District of Columbia and the Territories of Arizona and New Mexico and the Indian Territory south of Kansas who shall not be chargeable with actual hostility or other crime against the public safety and who shall acknowledge the authority of the Government of the Confederate States.
SEC. 2. The President of the Confederate States shall be and he is hereby authorized by his proclamation or other public act, in case of existing or declared war as aforesaid, to provide for the removal of those who not being permitted to reside within the Confederate States shall refuse or neglect to depart therefrom; and to establish such regulations in the premises as the public safety may require.
SEC. 3. Immediately after the passage of this act the President of the Confederate States shall by proclamation require all citizens of the United States, being males of fourteen years and upward, within the Confederate States and adhering to the Government of the United States and acknowledging the authority of the same, and not being citizens of the Confederate States nor within the proviso of the first section of this act, to depart from the Confederate States within forty days from the date of said proclamation; and such persons remaining within the Confederate States after that time shall become liable to be treated as alien enemies; and in all cases of declared war as aforesaid aliens resident within the Confederate States who shall become liable as enemies as aforesaid, and who shall not be chargeable with actual hostility or other crime against the public safety, shall be allowed the time for the disposition of their effects and departure which may be stipulated by any treaty with such hostile nation or government; and when no such treaty may exist the President shall prescribe such time as may be consistent with the public safety and accord with the dictates of humanity and national hospitality.
SEC. 4. After any declared war or proclamation as aforesaid it shall be the duty of the several courts of the Confederate States and of each State having criminal jurisdiction, and of the several judges, justices of the courts of the Confederate States, and they are hereby authorized upon complaint against any alien or alien enemies as aforesaid or persons coming within the purview of this act, who shall be resident or remaining in the Confederate States and at large within the jurisdiction or district of such judge or court as aforesaid contrary to the intent of this act and of the proclamation of the President of the Confederate States or the regulations prescribed by him in pursuance of this act, to cause such alien or aliens, person or persons as aforesaid to be duly apprehended and convened before such court, judge or justice for examination; and after a full examination and hearing in such complaint, and sufficient cause therefor appearing, shall or may order such alien or aliens, person or persons to be removed out of the territory of the Confederate States or to be otherwise dealt with or restrained, conformably to the intent of this act and the proclamation or regulations which may be prescribed as aforesaid, and may imprison or otherwise secure such alien person until the order which shall be made shall be performed.
SEC. 5. It shall be the duty of the marshal of the district in which any alien enemy or person offending against the provisions of this act shall be apprehended, who by the President of the Confederate States or by order of any court, judge or justice as aforesaid shall be required to depart [or] to be removed as aforesaid, to execute such order by himself or deputy or other discreet person, and for such execution the marshal shall have the warrant of the President or the court or judge, as the case may be.
-----
Proclamation.
Whereas the Congress of the Confederate States of America did by an act approved on the 8th day of August, 1861, entitled "An act respecting alien enemies," make provision that proclamation should be issued by the President in relation to alien enemies, and in conformity with the provision of said act--
Now therefore I, Jefferson Davis, President of the Confederate States of America, do issue this my proclamation; and I do hereby warn and require every male citizen of the United States of the age of fourteen years and upward now within the Confederate States and adhering to the Government of the United States and acknowledging the authority of the same, and not being a citizen of the Confederate States, to depart from the Confederate States within forty days from the date of this proclamation. And I do warn all persons above described who shall remain within the Confederate States after the expiration of said period of forty days that they will be treated as alien enemies.
Provided, however, That this proclamation shal1 not be considered as applicable during the existing war to citizens of the United States residing within the Confederate States with intent to become citizens thereof, and who shall make a declaration of such intention in due form, acknowledging the authority of this Government; nor shall this proclamation be considered as extending to the States of Delaware, Maryland, Kentucky, Missouri, the District of Columbia, the Territories of Arizona and New Mexico and the Indian Territory south of Kansas, who shall not be chargeable with actual hostility or other crime against the public safety, and who shall acknowledge the authority of the Government of the Confederate States.
And I do further proclaim and make known that I have established the rules and regulations hereto annexed in accordance with the provisions of said law.
Given under my hand and the seal of the Confederate States of America at the city of Richmond on this 14th day of August, A. D. 1861.
JEFFERSON DAVIS.
By the President:
R. M. T. HUNTER,
Secretary of State.
[Inclosure.]
Regulations respecting alien enemies.
The following regulations are hereby established respecting alien enemies, under the provisions of an act approved 8th of August, 1861, entitled "An act respecting alien enemies:"
1. Immediately after the expiration of the term of forty days from the date of the foregoing proclamation it shall be the duty of the several district attorneys, marshals and other officers of the Confederate States to make complaint against aliens or alien enemies coming within the purview of the act aforesaid, to the end that the several courts of the Confederate States and of each State having jurisdiction may order the removal of such aliens or alien enemies beyond the territory of the Confederate States or their restraint and confinement, according to the terms of said law.
2. The marshals of the Confederate States are hereby directed to apprehend all aliens against whom complaints may be made under said law and to hold them in strict custody until the final order of the court, taking special care that such aliens obtain no information that could possibly be made useful to the enemy.
3. Whenever the removal of any alien beyond the limits of the Confederate States is ordered by any competent authority under the provisions of said law the marshal shall proceed to execute the order in person or by deputy or other discreet person in such manner as to prevent the alien so removed from obtaining any information that could be used to the prejudice of the Confederate States.
4. Any alien who shall return to these States during the war after having been removed therefrom under the provisions of said law shall be regarded and treated as an alien enemy, and if made prisoner shall be at once delivered over to the nearest military authority to be dealt with as a spy or as a prisoner of war, as the case may require.
------------------
AR DEPARTMENT, Richmond, August 9, 1861.
G. B. BOARD, Esq., Sheriff of Roanoke County, Va., or
JAMES C. HUFF, Esq., Jailor, Salem, Va.:
A letter has been received at this Department from the sheriff of the county of Roanoke, Va., and a similar letter from the clerk of the same county, asking instructions with regard to the prisoners which have been lodged in the jail of Roanoke County by order of Brigadier General Wise.
The prisoners of war must be sent to Richmond, and you are authorized to engage at the expense of this Government such a guard as may be necessary to bring them with safety. This order is limited, however, to those taken as prisoners of war, and does not include those arrested as spies over whom this Department has no control.
Respectfully,
L. P. WALKER,
Secretary of War.
---------------------------------------
This, in my opinion, is a declaration of war, as it defines by President Davis and it's "government" of the definitions of enemy aliens. The language of the "Act" has war, enemy, enemy aliens, prisoner of war--all language that is used for a 'in progress' war.
Respectfully submitted,
M. E. Wolf