A New Right to Property: Civil War Confiscation in the Reconstruction Supreme Court

During the Civil War, both the Union Congress and the Confederate Congress put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. Meeting in special session in August 1861, the U.S. Congress passed the First Confiscation Act, authorizing the federal government to seize the property of those participating directly in the rebellion. ¹ The Confederate Congress retaliated on August 30, 1861, passing the Sequestration Act. ² This law authorized the Confederate government to forever seize the real and personal property of "alien enemies," a term that included every U.S. citizen and all those living in the Confederacy who remained loyal to the Union.