Note 42 — Chapter XIX

The question of confiscating property, especially slaves, and setting them free will be found in the War Records, Series 2, Vol. I., Serial No. 114, from page 749 to page 822. This correspondence, and orders, show that in 1861 and part of 1862 "confiscation by act of Congress limited the penalty to property actually employed in the service of the rebellion with the knowledge and consent of its owners, and instead of emancipating slaves thus employed left their status to be determined either by the courts of the United States or by subsequent legislation." (See Holt's opinion to President Lincoln, page 768, etc.) This was legitimate war. However, the want of success changed all this, and the proclamation of May 19, 1862, not being complied with, the war ceased to be confined to the troops in the field, and degenerated into one of robbery, plunder, destruction of private property to reduce the South to subjugation. To this end slaves were told they were free, and 178,975 were mustered into the United States army, armed, and, thus encouraged, employed to fight their owners. The South did not arm a slave to kill white men. There was a marked parallel between the treatment of the noncombatants of the South and that of the noncombatants of Cuba by the Spaniards.