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Servicemembers Civil Relief Act

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The Servicemembers Civil Relief Act (formerly called the Soldiers' and Sailors' Civil Relief Act of 1940 ) (codified at 50 U.S.C. §§ 3901—4043 ) is a United States federal law that protects soldiers , sailors , airmen , marines , coast guardsmen , and commissioned officers in the Public Health Service and National Oceanic and Atmospheric Administration from being sued while in active military service of their country and for up to a year after active duty, as well as U.S. citizens serving with allied military forces for the duration of a military conflict involving the United States.

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128-637: Despite the act's official title dating it to 1940, its origins can be traced as far back as the Civil War when the United States Congress passed a total moratorium on civil actions brought against Union soldiers and sailors. In basic terms, this meant that any legal action involving a civil matter was put on hold until after the soldier or sailor returned from the war. Examples of civil matters included breach of contract , bankruptcy , foreclosure , or divorce proceedings. Congress' intent in passing

256-500: A "Person held to Service or Labor." In addition, Article 1, section 9, clause 1 of the Constitution prohibited Congress from abolishing the importation of slaves , but in a compromise, the prohibition could be lifted by Congress in 20 years, and slaves were referred to as "Persons." The Act Prohibiting Importation of Slaves passed easily in 1807 and took effect on January 1, 1808. However, the ban on importation spurred an expansion in

384-512: A Baltimore newspaper editor, Frank Key Howard , after he criticized Lincoln in an editorial for ignoring Taney's ruling. In Missouri, an elected convention on secession voted to remain in the Union. When pro-Confederate Governor Claiborne Fox Jackson called out the state militia, it was attacked by federal forces under General Nathaniel Lyon , who chased the governor and rest of the State Guard to

512-515: A blockade of the Confederacy to suffocate the South into surrender. Lincoln adopted parts of the plan but opted for a more active war strategy. In April 1861, Lincoln announced a blockade of all Southern ports; commercial ships could not get insurance, ending regular traffic. The South blundered by embargoing cotton exports before the blockade was fully effective; by the time they reversed this decision, it

640-517: A congressional veto over federal policy with regard to slavery and other issues important to the South. As a result of this preoccupation, slave states and free states were often admitted into the Union in opposite pairs to maintain the existing Senate balance between slave and free states. Controversy over whether Missouri should be admitted as a slave state resulted in the Missouri Compromise of 1821, which specified that territory acquired in

768-430: A constitutional convention on March 10, 1864. Arkansas, part of which came under Union control by 1864, adopted an anti-slavery constitution on March 16, 1864. Louisiana – much of which had been under Union control since 1862 – abolished slavery through a new state constitution approved by voters September 5, 1864. The border states of Maryland (November 1, 1864) and Missouri (January 11, 1865) abolished slavery before

896-660: A crime. Slavery was established as a legal institution in each of the Thirteen Colonies , starting from 1619 on wards with the arrival of "twenty and odd" enslaved Africans in Virginia . Although indigenous peoples were also sold into slavery, the vast majority of the enslaved population consisted of Africans brought to the Americas via the Atlantic slave trade . Due to a lower prevalence of tropical diseases and better treatment ,

1024-681: A draft law in April 1862 for men aged 18–35, with exemptions for overseers, government officials, and clergymen. The U.S. Congress followed in July, authorizing a militia draft within states that could not meet their quota with volunteers. European immigrants joined the Union Army in large numbers, including 177,000 born in Germany and 144,000 in Ireland. About 50,000 Canadians served, around 2,500 of whom were black. When

1152-478: A firm hand by Lincoln tamed Seward, who was a staunch Lincoln ally. Lincoln decided holding the fort, which would require reinforcing it, was the only workable option. On April 6, Lincoln informed the Governor of South Carolina that a ship with food but no ammunition would attempt to supply the fort. Historian McPherson describes this win-win approach as "the first sign of the mastery that would mark Lincoln's presidency";

1280-471: A man until she died in 1915 at the age of 71. The small U.S. Navy of 1861 rapidly expanded to 6,000 officers and 45,000 sailors by 1865, with 671 vessels totaling 510,396 tons. Its mission was to blockade Confederate ports, control the river system, defend against Confederate raiders on the high seas, and be ready for a possible war with the British Royal Navy . The main riverine war was fought in

1408-447: A patriotic fire under the North. On April 15, Lincoln called on the states to field 75,000 volunteer troops for 90 days; impassioned Union states met the quotas quickly. On May 3, 1861, Lincoln called for an additional 42,000 volunteers for three years. Shortly after this, Virginia , Tennessee , Arkansas , and North Carolina seceded and joined the Confederacy. To reward Virginia,

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1536-569: A profession using an out-of-state license in most cases. American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names ) was a civil war in the United States between the Union ("the North") and the Confederacy ("the South"), which was formed in 1861 by states that had seceded from the Union. The central conflict leading to war

1664-440: A reenactment of the 1918 law, was passed in 1940 to protect the rights of the millions of service members activated for World War II . The major difference between it and the 1918 version, other than minor modifications, was there was no provision for the act to expire, as it did after World War I. Thus, since 1940, service members have received uninterrupted coverage under the act. And indeed, congressional commitment and support for

1792-421: A republic, but a third challenge faced the nation: maintaining a republic based on the people's vote, in the face of an attempt to destroy it. Lincoln's election provoked South Carolina 's legislature to call a state convention to consider secession. South Carolina had done more than any other state to advance the notion that a state had the right to nullify federal laws and even secede. On December 20, 1860,

1920-695: A state until 1896, as an organized territory , Utah legalized slavery under the 1852 territorial Act in Relation to Service and similar Act for the Relief of Indian Slaves and Prisoners . Brigham Young and his group of Mormon pioneers had arrived in Utah in 1847, during the Mexican–American War , when Utah Territory was Mexican territory. They ignored the Mexican ban on slavery. They viewed slavery as consistent with

2048-559: A statehood bill to Congress to create a new state from 48 counties in western Virginia. The new state would eventually incorporate 50 counties. The issue of slavery in the new state delayed approval of the bill. In the Senate Charles Sumner objected to the admission of a new slave state, while Benjamin Wade defended statehood as long as a gradual emancipation clause would be included in the new state constitution. Two senators represented

2176-582: Is important to note that the benefits conferred upon servicemembers extend after active duty. Verification of active military duty may be achieved on-line via the Defense Manpower Data Center . The act also specifically states that servicemembers and their spouses do not gain or lose a domicile based on their presence or lack thereof in any U.S. jurisdiction solely on the basis of military orders. Section 571 outlines this concept for purposes of taxation, and Section 595 for voting purposes. Under

2304-484: The 1860 presidential election . Southern leaders feared Lincoln would stop slavery's expansion and put it on a course toward extinction. His victory triggered declarations of secession by seven slave states of the Deep South , all of whose riverfront or coastal economies were based on cotton that was cultivated by slave labor. Lincoln was not inaugurated until March 4, 1861, giving the South time to prepare for war during

2432-540: The Battle of Appomattox Court House , setting in motion the end of the war . Lincoln lived to see this victory but was shot by an assassin on April 14, dying the next day. By the end of the war, much of the South's infrastructure was destroyed. The Confederacy collapsed, slavery was abolished, and four million enslaved black people were freed. The war-torn nation then entered the Reconstruction era in an attempt to rebuild

2560-535: The Compromise of 1850 . Three more free states were admitted in the final years before the Civil War, disrupting the balance that the slave states had tried to maintain. The American Civil War (1861–1865) disrupted and eventually ended slavery. Eleven slave states joined the Confederacy , while the border states of Delaware, Maryland, Kentucky, and Missouri – all slave states – remained in

2688-666: The Dred Scott decision was proof the Southern states had no reason to secede and that the Union "was intended to be perpetual". He added, however, that "The power by force of arms to compel a State to remain in the Union" was not among the "enumerated powers granted to Congress". A quarter of the US army—the Texas garrison—was surrendered in February to state forces by its general, David E. Twiggs , who joined

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2816-598: The Emancipation Proclamation went into effect in January 1863, ex-slaves were energetically recruited to meet state quotas. States and local communities offered higher cash bonuses for white volunteers. Congress tightened the draft law in March 1863. Men selected in the draft could provide substitutes or, until mid-1864, pay commutation money. Many eligibles pooled their money to cover the cost of anyone drafted. Families used

2944-524: The Fugitive Slave Act of 1793 and the Fugitive Slave Act of 1850 , provided that a slave did not become free by entering a free state and must be returned to their owner. Enforcement of these laws became one of the controversies which arose between slave and free states. Slavery, in what would become the United States, was established as part of European colonization . By the 18th century, slavery

3072-472: The Louisiana Purchase north of latitude 36° 30', which described most of Missouri's southern border, would, except for Missouri, become free states, and territory south of that line would become slave states. As part of the compromise, Maine , on August 19, 1821, was admitted as a free state. The admission of Texas (1845) and the acquisition of the vast new Mexican Cession territories (1848), after

3200-508: The Mexican–American War , created further north–south conflict. Although the settled portion of Texas was an area rich in cotton plantations and dependent on slave labor, the territory acquired in the Mountain West did not seem hospitable to cotton or slavery. As part of the Compromise of 1850 , California was admitted as a free state without a slave state being admitted; California's admission also meant there would be no slave state on

3328-624: The Senate , where each state was represented by two senators. With an equal number of slave states and free states, the Senate was equally divided on issues important to the South . As the population of the free states began to outstrip the population of the slave states, leading to control of the House of Representatives by free states, the Senate became the preoccupation of slave-state politicians interested in maintaining

3456-647: The U.S. Constitution was ratified, had prohibited slavery in the federal Northwest Territory . The southern boundary of the territory was the Ohio River , which was regarded as a westward extension of the Mason-Dixon line . The territory was generally settled by New Englanders and American Revolutionary War veterans granted land there. The 6 states created from the territory were all free states: Ohio (1803), Indiana (1816), Illinois (1818), Michigan (1837), Wisconsin (1848), and Minnesota (1858). By 1815,

3584-525: The Virginia to prevent its capture, while the Union built many copies of the Monitor . The Confederacy's efforts to obtain warships from Great Britain failed, as Britain had no interest in selling warships to a nation at war with a stronger enemy and feared souring relations with the U.S. By early 1861, General Winfield Scott had devised the Anaconda Plan to win the war with minimal bloodshed, calling for

3712-517: The domestic slave trade , which remained legal until slavery was banned entirely in 1865 by the 13th Amendment . In the late 1850s, an unsuccessful campaign was launched by several southern states to resume the international slave trade, to restock their slave populations, but this met with strong opposition. However, there was a large natural increase in the slave population throughout the late 18th and 19th centuries, while some illegal smuggling of African slaves continued via Spanish Cuba . One of

3840-406: The 168,649 men procured for the Union through the draft, 117,986 were substitutes, leaving only 50,663 who were conscripted. In the North and South, draft laws were highly unpopular. In the North, some 120,000 men evaded conscription, many fleeing to Canada, and another 280,000 soldiers deserted during the war. At least 100,000 Southerners deserted, about 10 percent of the total. Southern desertion

3968-476: The 1840 census (see Slavery in the United States#Abolitionism in the North ). In the South, Kentucky was created as a slave state from Virginia (1792), and Tennessee was created as a slave state from North Carolina (1796). By 1804, before the creation of new states from the federal western territories, the number of slave and free states was 8 each. By the time of Missouri Compromise of 1820,

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4096-408: The 1850s, culminating in numerous skirmishes and devastation on both sides of the question. Nevertheless, the North prevented Kansas Territory from becoming a slave state, and when Southern members of Congress departed en masse in early 1861, Kansas was immediately admitted to the Union as a free state. When the admission of Minnesota proceeded unimpeded in 1858, the balance in the Senate ended; this

4224-616: The 4 million enslaved people in the country. To the west, the Union first destroyed the Confederacy's river navy by the summer of 1862, then much of its western armies, and seized New Orleans . The successful 1863 Union siege of Vicksburg split the Confederacy in two at the Mississippi River , while Confederate General Robert E. Lee 's incursion north failed at the Battle of Gettysburg . Western successes led to General Ulysses S. Grant 's command of all Union armies in 1864. Inflicting an ever-tightening naval blockade of Confederate ports,

4352-642: The Atlantic and Pacific oceans. Insurance rates soared, and the American flag virtually disappeared from international waters, though reflagging ships with European flags allowed them to continue operating unmolested. After the war, the U.S. government demanded Britain compensate it for the damage caused by blockade runners and raiders outfitted in British ports. Britain paid the U.S. $ 15 million in 1871, but only for commerce raiding. Dinçaslan argues that another outcome of

4480-551: The Bahamas in exchange for high-priced cotton. Many were lightweight and designed for speed, only carrying small amounts of cotton back to England. When the Union Navy seized a blockade runner, the ship and cargo were condemned as a prize of war and sold, with proceeds given to the Navy sailors; the captured crewmen, mostly British, were released. The Southern economy nearly collapsed during

4608-400: The British response to the U.S. was toned down, helping avert war. In 1862, the British government considered mediating between the Union and Confederacy, though such an offer would have risked war with the U.S. British Prime Minister Lord Palmerston reportedly read Uncle Tom's Cabin three times when deciding what his decision would be. The Union victory at the Battle of Antietam caused

4736-602: The British to delay this decision. The Emancipation Proclamation increased the political liability of supporting the Confederacy. Realizing that Washington could not intervene in Mexico as long as the Confederacy controlled Texas, France invaded Mexico in 1861 and installed the Habsburg Austrian archduke Maximilian I as emperor. Washington repeatedly protested France's violation of the Monroe Doctrine . Despite sympathy for

4864-592: The Civil War, there were 19 free states and 15 slave states. The most recent free state, Kansas , had entered the Union after its own years-long bloody fight over slavery. During the war, slavery was abolished in some of the slave states, and the Thirteenth Amendment to the United States Constitution , ratified in December 1865, abolished slavery throughout the United States, except as punishment for

4992-559: The Commonwealth, which at its greatest extent was over half the state, and it went into exile after October 1862. After Virginia's secession, a Unionist government in Wheeling asked 48 counties to vote on an ordinance to create a new state in October 1861. A voter turnout of 34% approved the statehood bill (96% approving). Twenty-four secessionist counties were included in the new state, and

5120-595: The Confederacy asserted control over a third of the U.S. population in eleven states. Four years of intense combat, mostly in the South, ensued. During 1861–1862 in the Western theater , the Union made permanent gains—though in the Eastern theater the conflict was inconclusive. The abolition of slavery became a Union war goal on January 1, 1863, when Lincoln issued the Emancipation Proclamation , which declared all slaves in rebel states to be free, applying to more than 3.5 million of

5248-400: The Confederacy refused to exchange black prisoners. After that, about 56,000 of the 409,000 POWs died in prisons, accounting for 10 percent of the conflict's fatalities. Historian Elizabeth D. Leonard writes that between 500 and 1,000 women enlisted as soldiers on both sides, disguised as men. Women also served as spies, resistance activists, nurses, and hospital personnel. Women served on

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5376-509: The Confederacy, France's seizure of Mexico ultimately deterred it from war with the Union. Confederate offers late in the war to end slavery in return for diplomatic recognition were not seriously considered by London or Paris. After 1863, the Polish revolt against Russia further distracted the European powers and ensured they remained neutral. Russia supported the Union, largely because it believed

5504-678: The Confederacy. As Southerners resigned their Senate and House seats, Republicans could pass projects that had been blocked. These included the Morrill Tariff , land grant colleges, a Homestead Act , a transcontinental railroad, the National Bank Act , authorization of United States Notes by the Legal Tender Act of 1862 , and the end of slavery in the District of Columbia . The Revenue Act of 1861 introduced income tax to help finance

5632-684: The Confederate capital was moved to Richmond . Maryland , Delaware , Missouri , West Virginia and Kentucky were slave states whose people had divided loyalties to Northern and Southern businesses and family members. Some men enlisted in the Union Army and others in the Confederate Army. West Virginia separated from Virginia and was admitted to the Union on June 20, 1863, though half its counties were secessionist. Maryland's territory surrounded Washington, D.C. , and could cut it off from

5760-527: The District of Columbia by seizing prominent figures, including arresting one-third of the members of the Maryland General Assembly on the day it reconvened. All were held without trial, with Lincoln ignoring a ruling on June 1, 1861, by Supreme Court Chief Justice Roger Taney , not speaking for the Court, that only Congress could suspend habeas corpus ( Ex parte Merryman ). Federal troops imprisoned

5888-655: The Mormon view on Black people. On June 19, 1862, fulfilling a part of his 1860 campaign platform, President Lincoln signed the law ending slavery in Utah Territory and all other territories. While California's state constitution outlawed slavery, the 1850 Act for the Government and Protection of Indians allowed the indenture of Native Californians. This law provided for apprenticing or indenturing Indian children to Whites, and also punished vagrant Indians by hiring them out to

6016-420: The North, where anti-slavery sentiment had grown, and for the South, where the fear of slavery's abolition had grown. Another factor leading to secession and the formation of the Confederacy was the development of white Southern nationalism in the preceding decades. The primary reason for the North to reject secession was to preserve the Union, a cause based on American nationalism . Background factors in

6144-648: The North. It had anti-Lincoln officials who tolerated anti-army rioting in Baltimore and the burning of bridges, both aimed at hindering the passage of troops to the South. Maryland's legislature voted overwhelmingly to stay in the Union, but rejected hostilities with its southern neighbors, voting to close Maryland's rail lines to prevent their use for war. Lincoln responded by establishing martial law and unilaterally suspending habeas corpus in Maryland, along with sending in militia units. Lincoln took control of Maryland and

6272-754: The Pacific coast. To avoid creating a free state majority in the Senate, California agreed to send one pro-slavery and one anti-slavery senator to Congress. The difficulty of identifying territory that could be organized into additional slave states stalled the process of opening the western territories to settlement. Slave-state politicians made efforts to annex Cuba (see: Lopez Expedition and Ostend Manifesto , 1852) and Nicaragua (see: Filibuster War , 1856–57), with intentions to create new slave states. Parts of Northern Mexico were also coveted, with Senator Albert Brown declaring "I want Tamaulipas , Potosi , and one or two other Mexican States ; and I want them all for

6400-555: The SCRA, service members are entitled to a cap of 6% on interest rates for pre-existing debts incurred before active duty. The law also restricts the use of military allotments, protecting servicemembers from unauthorized automatic deductions from their military pay. Additionally, efforts are made to safeguard servicemembers from identity theft. A January 2023 amendment to the SCRA added a provision that provides license portability for servicemembers and their spouses. This allows them to practice

6528-457: The South's post-war recovery. Cotton diplomacy proved a failure as Europe had a surplus of cotton, while the 1860–62 crop failures in Europe made the North's grain exports critically important. It also helped turn European opinion against the Confederacy. It was said that "King Corn was more powerful than King Cotton," as U.S. grain went from a quarter to almost half of British imports. Meanwhile,

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6656-530: The South. The Confederacy turned to foreign sources, connecting with financiers and companies like S. Isaac, Campbell & Company and the London Armoury Company in Britain, becoming the Confederacy's main source of arms. To transport arms safely to the Confederacy, British investors built small, fast, steam-driven blockade runners that traded arms and supplies from Britain, through Bermuda, Cuba, and

6784-521: The Thirteen Colonies — banned slavery in the same year, before being admitted as a state in 1791. Slavery was a divisive issue in the United States. It was a major issue during the writing of the U.S. Constitution in 1787, the subject of political crises in the Missouri Compromise of 1820 and the Compromise of 1850 and was the primary cause of the American Civil War in 1861. Just before

6912-473: The U.S. Congress. By the time the Emancipation Proclamation was issued in 1863, Tennessee was already under Union control. Accordingly, the Proclamation applied only in the 10 remaining Confederate states. During the war, abolition of slavery was required by President Abraham Lincoln for readmission of Confederate states. The U.S. Congress , after the departure of the powerful Southern contingent in 1861,

7040-492: The U.S. and Britain over the Trent affair , which began when U.S. Navy personnel boarded the British ship Trent and seized two Confederate diplomats. However, London and Washington smoothed this over after Lincoln released the two men. Prince Albert left his deathbed to issue diplomatic instructions to Lord Lyons during the Trent affair. His request was honored, and, as a result,

7168-398: The U.S. served as a counterbalance to its geopolitical rival, the U.K. In 1863, the Imperial Russian Navy 's Baltic and Pacific fleets wintered in the American ports of New York and San Francisco, respectively. Slave states In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state

7296-471: The Union Army or pro-Union guerrilla groups. Although they came from all classes, most Southern Unionists differed socially, culturally, and economically from their region’s dominant prewar, slave-owning planter class. At the war's start, a parole system operated, under which captives agreed not to fight until exchanged. They were held in camps run by their army, paid, but not allowed to perform any military duties. The system of exchanges collapsed in 1863 when

7424-401: The Union blockade. The Confederacy purchased warships from commercial shipbuilders in Britain, with the most famous being the CSS  Alabama , which caused considerable damage and led to serious postwar disputes . However, public opinion against slavery in Britain created a political liability for politicians, where the anti-slavery movement was powerful. War loomed in late 1861 between

7552-413: The Union hospital ship Red Rover and nursed Union and Confederate troops at field hospitals. Mary Edwards Walker , the only woman ever to receive the Medal of Honor , served in the Union Army and was given the medal for treating the wounded during the war. One woman, Jennie Hodgers, fought for the Union under the name Albert D. J. Cashier. After she returned to civilian life, she continued to live as

7680-435: The Union marshaled resources and manpower to attack the Confederacy from all directions. This led to the fall of Atlanta in 1864 to Union General William Tecumseh Sherman , followed by his March to the Sea . The last significant battles raged around the ten-month Siege of Petersburg , gateway to the Confederate capital of Richmond . The Confederates abandoned Richmond, and on April 9, 1865, Lee surrendered to Grant following

7808-440: The Union would win if it could resupply and hold the fort, and the South would be the aggressor if it opened fire on an unarmed ship supplying starving men. An April 9 Confederate cabinet meeting resulted in Davis ordering General P. G. T. Beauregard to take the fort before supplies reached it. At 4:30 am on April 12, Confederate forces fired the first of 4,000 shells at the fort; it fell the next day. The loss of Fort Sumter lit

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7936-413: The Union, although Kentucky and Missouri also had competing Confederate state governments. In 1863 western Virginia, much of which had remained loyal to the Union, was admitted as the new state of West Virginia with a commitment to gradual emancipation. The following year Nevada , a free state in the West, was also admitted. During the Civil War, a Unionist government in Wheeling, Virginia , presented

8064-433: The Union, this was never likely, so they sought to bring them in as mediators. The Union worked to block this and threatened war if any country recognized the Confederacy. In 1861, Southerners voluntarily embargoed cotton shipments, hoping to start an economic depression in Europe that would force Britain to enter the war, but this failed. Worse, Europe turned to Egypt and India for cotton, which they found superior, hindering

8192-408: The Union-held Fort Sumter. Fort Sumter is located in the harbor of Charleston , South Carolina. Its status had been contentious for months. Outgoing President Buchanan had dithered in reinforcing its garrison, commanded by Major Robert Anderson . Anderson took matters into his own hands and on December 26, 1860, under the cover of darkness, sailed the garrison from the poorly placed Fort Moultrie to

8320-462: The Union. A February peace conference met in Washington, proposing a solution similar the Compromise; it was rejected by Congress. The Republicans proposed the Corwin Amendment , an alternative, not to interfere with slavery where it existed, but the South regarded it as insufficient. The remaining eight slave states rejected pleas to join the Confederacy, following a no-vote in Virginia's First Secessionist Convention on April 4. On March 4, Lincoln

8448-399: The Unionist Virginia government, John S. Carlile and Waitman T. Willey . Senator Carlile objected that Congress had no right to impose emancipation on West Virginia , while Willey proposed a compromise amendment to the state constitution for gradual abolition. Sumner attempted to add his own amendment to the bill, which was defeated, and the statehood bill passed both houses of Congress with

8576-421: The United States and forming the Confederacy. The Confederacy seized U.S. forts and other federal assets within their borders. The war began on April 12, 1861, when the Confederacy bombarded Fort Sumter in South Carolina . A wave of enthusiasm for war swept over the North and South, as military recruitment soared. Four more Southern states seceded after the war began and, led by its president, Jefferson Davis ,

8704-460: The West Virginia legislature completely abolished slavery, and also ratified the 13th Amendment on February 3, 1865. In the District of Columbia , formed with land from two slave states, Maryland and Virginia, the slave trade was abolished by the Compromise of 1850 . So as to avoid losing the profitable slave-trading businesses in Alexandria (one was Franklin and Armfield ), Alexandria County, D.C., requested that it be returned to Virginia, where

8832-426: The West, where major rivers gave access to the Confederate heartland. The U.S. Navy eventually controlled the Red, Tennessee, Cumberland, Mississippi, and Ohio rivers. In the East, the Navy shelled Confederate forts and supported coastal army operations. The Civil War occurred during the early stages of the industrial revolution, leading to naval innovations, notably the ironclad warship . The Confederacy, recognizing

8960-421: The Western territories destined to become states. Initially Congress had admitted new states into the Union in pairs, one slave and one free . This had kept a sectional balance in the Senate but not in the House of Representatives , as free states outstripped slave states in numbers of eligible voters. Thus, at mid-19th century, the free-versus-slave status of the new territories was a critical issue, both for

9088-441: The act has remained so strong, the act has been amended more than 12 times since 1940 to keep pace with a changing military and a changing world, with the last amendments added, in 2003, through the Servicemembers Civil Relief Act. Courts will generally require litigants to provide proof that an individual is not on active duty before adverse action is taken, i.e. foreclosures, garnishments, attachments, evictions, and judgments. It

9216-801: The addition of what became known as the Willey Amendment. President Lincoln signed the bill on December 31, 1862. Voters in western Virginia approved the Willey Amendment on March 26, 1863. President Lincoln had issued the Emancipation Proclamation on January 1, 1863, which exempted from emancipation the border states (four slave states loyal to the Union ) as well as some territories occupied by Union forces within Confederate states. Two additional counties were added to West Virginia in late 1863, Berkeley and Jefferson . The slaves in Berkeley were also under exemption but not those in Jefferson County. As of

9344-515: The blockade was the rise of oil as a prominent commodity. The declining whale oil industry took a blow as many old whaling ships were used in blockade efforts, such as the Stone Fleet , and Confederate raiders harassed Union whalers. Oil products, especially kerosene, began replacing whale oil in lamps, increasing oil's importance long before it became fuel for combustion engines. Although the Confederacy hoped Britain and France would join them against

9472-427: The census of 1860, the 49 exempted counties held some 6000 slaves over 21 years of age who would not have been emancipated, about 40% of the total slave population. The terms of the Willey Amendment only freed children, at birth or as they came of age, and prohibited the importation of slaves. West Virginia became the 35th state on June 20, 1863, and the last slave state admitted to the Union. Eighteen months later,

9600-508: The convention unanimously voted to secede and adopted a secession declaration . It argued for states' rights for slave owners but complained about states' rights in the North in the form of resistance to the federal Fugitive Slave Act, claiming that Northern states were not fulfilling their obligations to assist in the return of fugitive slaves. The "cotton states" of Mississippi , Florida , Alabama , Georgia , Louisiana , and Texas followed suit, seceding in January and February 1861. Among

9728-453: The country, bring the former Confederate states back into the United States, and grant civil rights to freed slaves. The war is one of the most extensively studied and written about episodes in the history of the United States . It remains the subject of cultural and historiographical debate . Of continuing interest is the fading myth of the Lost Cause of the Confederacy . The war was among

9856-471: The crisis was Secretary of State William H. Seward , who had been Lincoln's rival for the Republican nomination . Embittered by his defeat, Seward agreed to support Lincoln's candidacy only after he was guaranteed the executive office then considered the second most powerful. In the early stages of Lincoln's presidency Seward held little regard for him, due to his perceived inexperience. Seward viewed himself as

9984-686: The de facto head of government, the " prime minister " behind the throne. Seward attempted to engage in unauthorized and indirect negotiations that failed. Lincoln was determined to hold all remaining Union-occupied forts in the Confederacy: Fort Monroe in Virginia, Fort Pickens , Fort Jefferson , and Fort Taylor in Florida, and Fort Sumter in South Carolina. The American Civil War began on April 12, 1861, when Confederate forces opened fire on

10112-494: The dividing line between the slave and free states was called the Mason-Dixon line (between Maryland and Pennsylvania), with its westward extension being the Ohio River . The 1787 Constitutional Convention debated slavery, and for a time slavery was a major impediment to passage of the new constitution . As a compromise, slavery was acknowledged but never mentioned explicitly in the Constitution. The Fugitive Slave Clause , Article 4, section 2, clause 3, for example, refers to

10240-606: The enslaved population in the colonies had a higher life expectancy than in the West Indies and South America, leading to a rapid increase in population in the decades prior to the American Revolution . Organized political and social movements to abolish slavery began in the mid-18th century. The sentiments of the American Revolution and the promise of equality evoked by the Declaration of Independence stood in contrast to

10368-486: The ensuing guerrilla war engaged about 40,000 federal troops for much of the war. Congress admitted West Virginia to the Union on June 20, 1863. West Virginians provided about 20,000 soldiers to each side in the war. A Unionist secession attempt occurred in East Tennessee , but was suppressed by the Confederacy, which arrested over 3,000 men suspected of loyalty to the Union; they were held without trial. The Civil War

10496-430: The essential role of cotton in the European economy. The European aristocracy was "absolutely gleeful in pronouncing the American debacle as proof that the entire experiment in popular government had failed. European government leaders welcomed the fragmentation of the ascendant American Republic." However, a European public with liberal sensibilities remained, which the U.S. sought to appeal to by building connections with

10624-440: The first to use industrial warfare . Railroads, the electrical telegraph , steamships, the ironclad warship , and mass-produced weapons were widely used. The war left an estimated 698,000 soldiers dead, along with an undetermined number of civilian casualties, making the Civil War the deadliest military conflict in American history. The technology and brutality of the Civil War foreshadowed the coming World Wars . The origins of

10752-508: The highest bidder at a public auction if the Indian could not provide sufficient bond or bail. The new settlers took 10,000 to 27,000 California Native Americans as forced laborers, including 4,000 to 7,000 children. In April 1863, after the declaration of the Emancipation Proclamation , the California legislature abolished all forms of legal indenture and apprenticeship for Native Americans. At

10880-439: The homefront economy could no longer supply. Surdam contends that the blockade was a powerful weapon that eventually ruined the Southern economy, costing few lives in combat. The Confederate cotton crop became nearly useless, cutting off the Confederacy's primary income source. Critical imports were scarce, and coastal trade largely ended as well. The blockade's success was not measured by the few ships that slipped through but by

11008-505: The importation of slaves. In 1863, voters approved the Willey Amendment, which provided for gradual abolition of slavery, with the last enslaved people scheduled to be freed in 1884. On February 3, 1865, the state legislature approved immediate abolition. The Restored Government of Virginia – the Unionist government that governed the limited territory then under Union control that had not left to form West Virginia – voted to end slavery at

11136-545: The international press. By 1861, Union diplomats like Carl Schurz realized emphasizing the war against slavery was the Union's most effective moral asset in swaying European public opinion. Seward was concerned an overly radical case for reunification would distress European merchants with cotton interests; even so, he supported a widespread campaign of public diplomacy. U.S. minister to Britain Charles Francis Adams proved adept and convinced Britain not to challenge

11264-411: The momentum for antislavery reform appeared to run out of steam, with half the states having already abolished slavery ( Northeast ), prohibited it from the start ( Midwest ), or committed to eliminating it, and half committed to continuing the institution indefinitely ( South ). The potential for political conflict over slavery at the federal level made politicians concerned about the balance of power in

11392-444: The moratorium was to protect both national interests and those of servicemembers. First, Congress wanted servicemembers to be able to fight the war without having to worry about problems that might arise at home. Secondly, because most soldiers and sailors during the Civil War were not well paid, it was difficult for them to honor their pre-service debts, such as mortgage payments or other credit. Congressional concern about protecting

11520-590: The movement to abolish slavery and its influence over the North. Southern states believed that the Fugitive Slave Clause made slaveholding a constitutional right. These states agreed to form a new federal government, the Confederate States of America , on February 4, 1861. They took control of federal forts and other properties within their boundaries, with little resistance from outgoing President James Buchanan , whose term ended on March 4. Buchanan said

11648-472: The need to counter the Union's naval superiority, built or converted over 130 vessels, including 26 ironclads. Despite these efforts, Confederate ships were largely unsuccessful against Union ironclads. The Union Navy used timberclads, tinclads, and armored gunboats. Shipyards in Cairo, Illinois, and St. Louis built or modified steamboats . The Confederacy experimented with the submarine CSS  Hunley , which

11776-418: The new Confederacy sent delegates to Washington to negotiate a peace treaty. Lincoln rejected negotiations, because he claimed that the Confederacy was not a legitimate government and to make a treaty with it would recognize it as such. Lincoln instead attempted to negotiate directly with the governors of seceded states, whose administrations he continued to recognize. Complicating Lincoln's attempts to defuse

11904-417: The ordinances of secession, those of Texas, Alabama, and Virginia mentioned the plight of the "slaveholding states" at the hands of Northern abolitionists. The rest made no mention of slavery but were brief announcements by the legislatures of the dissolution of ties to the Union. However, at least four—South Carolina, Mississippi, Georgia, and Texas —provided detailed reasons for their secession, all blaming

12032-494: The other compromises of the Constitution was the creation of the Three-Fifths Clause by which slave states acquired increased representation in the House of Representatives and Electoral College equivalent to 60% of their disenfranchised slave populations. Slave states had wanted 100% of their slaves to be counted, whereas Northern states argued that none should be. The Northwest Ordinance of 1787, passed just before

12160-736: The rights of servicemembers was raised again during World War I when the Soldiers' and Sailors' Civil Relief Act of 1918 was passed. Like the Civil War-era moratorium, the 1918 legislation was designed to protect the rights of service members while they were serving in the war. Although the 1918 Act did not include a total moratorium on civil actions, it did protect service members from such things as repossession of property, bankruptcy, foreclosure or other such actions while they were in harm's way. The 1918 Act stayed in effect until shortly after World War I, when it expired. The present-day statute, essentially

12288-427: The run up to the Civil War were partisan politics , abolitionism , nullification versus secession , Southern and Northern nationalism, expansionism , economics , and modernization in the antebellum period . As a panel of historians emphasized in 2011, "while slavery and its various and multifaceted discontents were the primary cause of disunion, it was disunion itself that sparked the war." Abraham Lincoln won

12416-591: The same reason – for the plantation and spreading of slavery". In 1854, the Missouri Compromise of 1820 was superseded by the Kansas–Nebraska Act , which allowed white male settlers in the new territories to determine, by vote ( popular sovereignty ), whether they would allow slavery within each territory. The result was that pro- and anti-slavery elements flooded into Kansas with the goal of voting slavery up or down, leading to bloody fighting . An effort

12544-553: The slave trade was legal; this took place in 1847. Slavery in the District of Columbia remained legal until 1862, when, over strong opposition from slaveholding residents, Congress passed the DC Compensated Emancipation Act . "Some enslavers refused to acknowledge the law and attempted to keep enslaved people in bondage illegally. Congress passed a supplemental law in July 1862 that allowed these victims to file petitions on their own behalf." Although it did not become

12672-569: The southwestern corner of Missouri (see Missouri secession ). Early in the war the Confederacy controlled southern Missouri through the Confederate government of Missouri but was driven out after 1862. In the resulting vacuum, the convention on secession reconvened and took power as the Unionist provisional government of Missouri. Kentucky did not secede, it declared itself neutral. When Confederate forces entered in September 1861, neutrality ended and

12800-526: The stalwart island Fort Sumter. Anderson's actions catapulted him to hero status in the North. An attempt to resupply the fort on January 9, 1861, failed and nearly started the war then, but an informal truce held. On March 5, Lincoln was informed the fort was low on supplies. Fort Sumter proved a key challenge to Lincoln's administration. Back-channel dealing by Seward with the Confederates undermined Lincoln's decision-making; Seward wanted to pull out. But

12928-537: The start of the Civil War, there were 34 states in the United States, 15 of which were slave states. Eleven of these slave states, after conventions devoted to the topic, issued declarations of secession from the United States, created the Confederate States of America , and were represented in the Confederate Congress . The slave states that stayed in the Union – Maryland, Missouri, Delaware, and Kentucky (called border states ) – retained their representatives in

13056-446: The state reaffirmed its Union status while maintaining slavery. During an invasion by Confederate forces in 1861, Confederate sympathizers and delegates from 68 Kentucky counties organized the secession Russellville Convention, formed the shadow Confederate Government of Kentucky , inaugurated a governor, and Kentucky was admitted into the Confederacy on December 10, 1861. Its jurisdiction extended only as far as Confederate battle lines in

13184-795: The status of most black people, either free or enslaved, in the colonies. Despite this, thousands of black Americans fought for the Patriot cause for a combination of reasons. Thousands also joined the British, encouraged by offers of freedom such as the Philipsburg Proclamation . In the 1770s, enslaved black people throughout New England began sending petitions to northern legislatures demanding freedom. 5 Northern states adopted policies to at least gradually abolish slavery : Pennsylvania in 1780, New Hampshire and Massachusetts in 1783, and Connecticut and Rhode Island in 1784. The Republic of Vermont had limited slavery in 1777, while it

13312-452: The substitute provision to select which man should go into the army and which should stay home. There was much evasion and resistance to the draft, especially in Catholic areas. The New York City draft riots in July 1863 involved Irish immigrants who had been signed up as citizens to swell the vote of the city's Democratic political machine , not realizing it made them liable for the draft. Of

13440-451: The thousands that never tried. European merchant ships could not get insurance and were too slow to evade the blockade, so they stopped calling at Confederate ports. To fight an offensive war, the Confederacy purchased arms in Britain and converted British-built ships into commerce raiders . The smuggling of 600,000 arms enabled the Confederacy to fight on for two more years, and the commerce raiders targeted U.S. Merchant Marine ships in

13568-430: The war created jobs for arms makers, ironworkers, and ships to transport weapons. Lincoln's administration initially struggled to appeal to European public opinion. At first, diplomats explained that the U.S. was not committed to ending slavery and emphasized legal arguments about the unconstitutionality of secession. Confederate representatives, however, focused on their struggle for liberty, commitment to free trade, and

13696-478: The war due to multiple factors: severe food shortages, failing railroads, loss of control over key rivers, foraging by Northern armies, and the seizure of animals and crops by Confederate forces. Historians agree the blockade was a major factor in ruining the Confederate economy; however, Wise argues blockade runners provided enough of a lifeline to allow Lee to continue fighting for additional months, thanks to supplies like 400,000 rifles, lead, blankets, and boots that

13824-543: The war were rooted in the desire of the Southern states to preserve the institution of slavery . Historians in the 21st century overwhelmingly agree on the centrality of slavery in the conflict. They disagree on which aspects (ideological, economic, political, or social) were most important, and on the North 's reasons for refusing to allow the Southern states to secede. The pseudo-historical Lost Cause ideology denies that slavery

13952-460: The war's end. The Union-occupied state of Tennessee abolished slavery by popular vote on a constitutional amendment that took effect February 22, 1865. However, slavery legally persisted in Delaware, Kentucky, and (to a very limited extent, due to a trade ban but continued gradual abolition) New Jersey, until the Thirteenth Amendment to the United States Constitution abolished slavery throughout

14080-518: The war. In December 1860, the Crittenden Compromise was proposed to re-establish the Missouri Compromise line, by constitutionally banning slavery in territories to the north of it, while permitting it to the south. The Compromise would likely have prevented secession, but Lincoln and the Republicans rejected it. Lincoln stated that any compromise that would extend slavery would bring down

14208-436: The winter of 1860–1861. Nationalists in the North and "Unionists" in the South refused to accept the declarations of secession. No foreign government ever recognized the Confederacy. The U.S. government, under President James Buchanan , refused to relinquish its forts that were in territory claimed by the Confederacy. According to Lincoln, the American people had shown they had been successful in establishing and administering

14336-474: The world" within a few years. Some European observers at the time dismissed them as amateur and unprofessional, but historian John Keegan concluded that each outmatched the French, Prussian, and Russian armies, and without the Atlantic, could have threatened any of them with defeat. Unionism was strong in certain areas within the Confederacy. As many as 100,000 men living in states under Confederate control served in

14464-472: Was a dispute over whether slavery should be permitted to expand into the western territories, leading to more slave states , or be prohibited from doing so, which many believed would place slavery on a course of ultimate extinction. Decades of controversy over slavery were brought to a head when Abraham Lincoln , who opposed slavery's expansion, won the 1860 presidential election . Seven Southern slave states responded to Lincoln's victory by seceding from

14592-512: Was compounded by the subsequent admission of Oregon as a free state in 1859. The following table shows the balance between slave and free states that began in 1812. The Statehood columns provide the year the state either ratified the U.S. Constitution or was admitted to the Union . The date ranges in the Abolition column for Free States indicate when gradual abolition laws were adopted and when slavery finally ended, except for states where slavery

14720-731: Was generally abolitionist: In a plan endorsed by Abraham Lincoln, slavery in the District of Columbia , which the Southern contingent had protected, was abolished in 1862. In Southern states, freedom for slaves typically followed the Union army's gaining control of an area. The Emancipation Proclamation declared all enslaved people in areas then under Confederate control free, but, in practice, freedom required either slaves reaching Union lines or Union forces reaching their area. As Union forces advanced from January 1, 1863, to June 19, 1865 , slaves were freed. West Virginia did not abolish slavery in its first proposed constitution of 1861, though it did ban

14848-408: Was high because many soldiers were more concerned about the fate of their local area than the Southern cause. In the North, " bounty jumpers " enlisted to collect the generous bonus, deserted, then re-enlisted under a different name for a second bonus; 141 were caught and executed. From a tiny frontier force in 1860, the Union and Confederate armies grew into the "largest and most efficient armies in

14976-563: Was initiated to organize Kansas for admission as a slave state, paired with Minnesota , but the admission of Kansas as a slave state was blocked because its proposed pro-slavery constitution (the Lecompton Constitution ) had not been approved in an honest election. Anti-slavery proponents during the " Bleeding Kansas " period of the later 1850s were called Free-Staters and Free-Soilers , and fought against pro-slavery Border Ruffians from Missouri. The animosity escalated throughout

15104-501: Was legal throughout the Thirteen Colonies , after which rebel colonies started to abolish the practice. Pennsylvania abolished slavery in 1780, and about half of the states had abolished slavery by the end of the Revolutionary War or in the first decades of the new country, although this did not always mean that existing slaves became free. Vermont — having declared its independence from Britain in 1777 and thus not being one of

15232-405: Was made of bullion lost from mints. He stated that it would be US policy "to collect the duties and imposts"; "there will be no invasion, no using of force against or among the people anywhere" that would justify an armed revolution. His speech closed with a plea for restoration of the bonds of union, famously calling on "the mystic chords of memory" binding the two regions. The Davis government of

15360-566: Was marked by intense and frequent battles. Over four years, 237 named battles were fought, along with many smaller actions, often characterized by their bitter intensity and high casualties. Historian John Keegan described it as "one of the most ferocious wars ever fought," where, in many cases, the only target was the enemy's soldiers. As the Confederate states organized, the U.S. Army numbered 16,000, while Northern governors began mobilizing their militias. The Confederate Congress authorized up to 100,000 troops in February. By May, Jefferson Davis

15488-505: Was not successful, and with the ironclad CSS  Virginia , rebuilt from the sunken Union ship Merrimack . On March 8, 1862, Virginia inflicted significant damage on the Union's wooden fleet, but the next day, the first Union ironclad, USS  Monitor , arrived to challenge it in the Chesapeake Bay . The resulting three-hour Battle of Hampton Roads was a draw, proving ironclads were effective warships. The Confederacy scuttled

15616-405: Was one in which they were prohibited. Between 1812 and 1850, it was considered by the slave states to be politically imperative that the number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Clause of the U.S. Constitution , as implemented by

15744-404: Was outlawed in a specific year. From 1812 through 1850, maintaining the balance of free and slave state votes in the Senate was considered of paramount importance if the Union were to be preserved, and states were typically admitted in pairs: California was admitted as a free state in 1850 without an accompanying slave state, though certain concessions were made to the slave states as part of

15872-460: Was pushing for another 100,000 soldiers for one year or the duration, and the U.S. Congress responded in kind. In the first year of the war, both sides had more volunteers than they could effectively train and equip. After the initial enthusiasm faded, relying on young men who came of age each year was not enough. Both sides enacted draft laws (conscription) to encourage or force volunteering, though relatively few were drafted. The Confederacy passed

16000-561: Was still independent before it joined the United States as the 14th state in 1791. These state jurisdictions thus enacted the first abolition laws in the Atlantic World . By 1804 (including New York (1799) and New Jersey (1804)), all of the Northern states had abolished slavery or set measures in place to gradually abolish it, although there were still hundreds of ex-slaves working without pay as indentured servants in Northern states as late as

16128-708: Was sworn in as president. In his inaugural address , he argued that the Constitution was a more perfect union than the earlier Articles of Confederation and Perpetual Union , was a binding contract, and called secession "legally void". He did not intend to invade Southern states, nor to end slavery where it existed, but he said he would use force to maintain possession of federal property, including forts, arsenals, mints, and customhouses that had been seized. The government would not try to recover post offices, and if resisted, mail delivery would end at state lines. Where conditions did not allow peaceful enforcement of federal law, US marshals and judges would be withdrawn. No mention

16256-439: Was the principal cause of the secession, a view disproven by historical evidence, notably some of the seceding states' own secession documents . After leaving the Union, Mississippi issued a declaration stating, "Our position is thoroughly identified with the institution of slavery—the greatest material interest of the world." The principal political battle leading to Southern secession was over whether slavery would expand into

16384-525: Was too late. " King Cotton " was dead, as the South could export less than 10% of its cotton. The blockade shut down the ten Confederate seaports with railheads that moved almost all the cotton. By June 1861, warships were stationed off the principal Southern ports, and a year later nearly 300 ships were in service. The Confederates began the war short on military supplies, which the agrarian South could not produce. Northern arms manufacturers were restricted by an embargo, ending existing and future contracts with

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