Doc. 172 1/2.-Confederate act, entitled “an act respecting alien enemies.” approved August 8, 1861.
Section 1. The Congress of the Confederate States of America do enact, That, whenever there shall be war declared 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 native citizens, denizens, or subjects, of the hostile nation or Government, being males of fourteen years of age and upwards, 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 the act extend to citizens of the States of Delaware, Maryland, Kentucky, Missouri, and 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 upwards, 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 such 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, alien residents within the Confederate States, who shall become liable as enemies, as aforesaid, and who shall not be chargeable with actual hostility, or other crimes against the public safety, shall be allowed the time for the disposition of their effects and for 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 and 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 under the provisions of this act, who shall be resident or remaining in the Confederate States, and at large within the jurisdiction 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 conveyed 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 proclamations or regulations which may be prescribed, as aforesaid; and may in prison 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 [493] of the District in which any alien enemy or persons offending against the provisions of this act shall be apprehended, who, by the President of the Confederate States, or by the order of any Court, Judge, or Justice, as aforesaid, shall be required to depart and to be removed as aforesaid, to execute such order by himself or deputy, or other discrete person; and for such execution the Marshal have the warrant of the President or the Court, or Judge, as the case may be.
