August 8, 1861: Jefferson Davis on “Alien Enemies”

Jefferson Davis
Jefferson Davis

The New York Times reports a proclamation by Jefferson Davis declaring Unionists to be “alien enemies” and expelling them from the South.


HOW THE REBELS ARE TO TREAT LOYAL CITIZENS.; PROCLAMATION OF JEFF. DAVIS.

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 provisions 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 upwards, 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 shall 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 regulation 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. 1881. By the President,

JEFFERSON DAVIS.

R.M.T. HUNTER, Secretary of State.
REGULATIONS RESPECTING ALIEN ENEMIES.

The following regulations are hereby established respecting alien enemies, under the provisions of an act of approved 8th 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 any 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 militaryauthority, to be dealt with as a spy or as prisoner of war as the case may require.

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