tio^in M
COMMERCIAL INTERCOURSE
WITH AND IN
STATES DECLARED II INSURRECTION.
THE COLLECTION
ABANDDNED AND CAPTURED PROPERTY.
^
THE TEEASURY DEPARTMENT CIRCULARS AND REGULA-
TIONS; THE EXECUTIVE PROCLAMATIONS AND
LICENSE; AND THE WAR AND NAVY DE-
PARTMENT ORDERS RELATING TO
THOSE SUBJECTS.
SEPTEITIBER 11, 1S63.
WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1863.
CONTENTS
Treasury Pepartment Circular of Julj, 1S63 o
Treasury Department Circular 9
Regulations concerning Commercial Intercourse 13
Regulations concerning Abandoned Property 31
Proclamation of the President, August 16, 1861 39
Proclamation of the President, July 1, 1862 40
Proclamation of the President, March 31, 1863 41
License of the President, March 31, 1863 43
Act concerning Commercial Intercourse, July 13, 1861 44
Act supplementary to Intercourse Act, May 20, 1862 47
Act concerning Abandoned and Captured Property, March 12, 1863. . . 48
Order of the Secretary of War 51
Order of the Secretary of the Navy 54
TREASURY DEPARTMENT CIRCULAR OF JULY,
[This letter, addressed to Super-vising Special Agent Mellen and sent to the other Super-
vising Special Agents in July last, is republished, with some modifications adapting it to
the Revised Regulations, for the convenient information of all parties concerned.]
Treasury Departmext, July 3. 1863.
Sir: I have received your letter of the 5th of June, from Memphis,
and also those of previous dates from Cincinnati, relative to the col-
lection of abandoned and captured property Avithin the States here-
tofore declared to be in insurrection.
In reply, I think it important to direct your attention, in the first
place, to the general distinctions under which all property, subject
to the disposition of national ofiicers, within the district under your
supervision may be arranged.
There may be said to be four classes of such property, viz., aban-
doned, captured, commercial, and confiscable.
First', Abandoned property is of two descriptions (1st, ) that which
has been deserted by the owners; and (2d,) that which has been vol-
untarily abandoned by them to the civil or military authorities of the
United States. Such property is to be collected or received by the
Special Agents of this Department and sold, under the authority of
the Act of March 12, 1863; and the proceeds, after deducting the
expenses of transportation and sale, and other expenses attending the
collection and disposition thereof, are to be deposited in the Treasury,
subject to aAvard by the Court of Claims. Before this court, claimants
to such property, or the proceeds thereof, have the right, under the
act, to prefer their claims at any time after the sale, and before the
expiration of two years from the close of the war. No guaranty can
be given to owners of abandoned property in respect to the time
when, or the persons to whom, proceeds will be paid.
Second] Captured property is understood to be that which has been
seized or taken from hostile possession by the military or naval forces
of the United States, and is to be turned over, with certain excep-
tions named, to the Special Agents of this Department, in accordance
with the provisions of the Act of March 12, 1863. All property taken
possession of by military or naval forces, and turned over to Special
Agents, must be regarded as j^^'i^C' facie captured property. Such
property you will receive and direct to be sold, and will cause the
proceeds to be deposited in the Treasury, subject to the future award
of the Court of Claims.
Captured property which is held as lawful prize by the Navy is not
to be turned over to the Department Agents, nor to be in any way
controlled by them.
Third] Commercial property is that which has been or may be sold
and purchased under the license of the President, through permits
granted by the officers of the Treasury Department.
Fourth] Confiscable property is that which belongs to certain classes
of persons, as recited in the Confiscation Act of July 17, 1862, and
is liable to seizure and condemnation by judicial proceedings in the
manner prescribed by that act.
Great care must be exercised in properly classifying all property,
that the provisions of the law applicable to each class may be com-
plied with; and it must be remembered that with the property in-
cluded in the fourth class, unless found deserted and abandoned, the
Agents of the Treasury Department have no authority to interfere.
The execution of the Confiscation Act is confided, by its express
terms, to the President, by whom the Attorney General has been
charged with the direction of all seizures and proceedings under it.
It must be remembered, also, that all property coming from insur-
rectionary districts into loyal States, or in reversed direction, or being
transported within or to insurrectionary districts, in -contravention of
law or Departmental Regulations, is forfeited or forfeitable; and that
it is the duty of the Agents of the Department, as well as of other
proper officers, to enforce the forfeitures thus incurred; but property
thus forfeited or forfeitable must not be confounded with confiscated
or confiscable property, which is to be proceeded against and disposed
of under the Act of July 17, 1862, or with prize property captured
by the navy, and subject to disposition under the direction of Prize
Commissioners and Courts,
In respect to property embraced in the first class, namely, aban-
doned property, it is to be observed that no Agent is authorized to
make any other assurances than that property voluntarily abandoned
shall be faithfully disposed of under the law, so as to secure, as far
as practicable in the existing condition of the country, the rights of
owners. No authority is given, or intended to be given, to agents
to make any promises of special immunities or advantages not speci-
fied in the law.
In respect to both descriptions of abandoned property, whether
found deserted or voluntarily abandoned, the law authorizes the pay-
ment of such expenses as must necessarily be incurred in its collec-
tion, or receipt and disposition.
You will, therefore, pay all such expenses, including fees, taxes,
freights, storage, charges, labor, and other necessary expenses, out of
the general fund arising therefrom; being careful to avoid all useless or
indiscreet expenditures, and to charge each particular lot or parcel with
the specific or proportionate amount of expense pertaining to it, and,
unless unavoidably prevented, to take vouchers therefor, to be filed
with the account of sales in this Department.
Where property is liable to be lost or destroyed, in consequence
of its location being unknown to the Special Agents, or from other
causes, and parties propose for compensation to collect and deliver
it into the hands of the Agents of this Department, at points to be de-
signated by them, you may contract for the collection and delivery
thereof, on the best possible terms, not exceeding twenty-five per
cent, of the proceeds of the property ; which percentage must be
full compensation for all expenses of whatever character incurred in
collecting, preparing, and delivering such property at the points in-
dicated. Prior to any contract being entered into, each party pro-
posing must submit, in writing, a statement, as near as may be, giv-
ing the kind and amount of property proposed to be collected ; the
location whence to be obtained ; and all the facts and circumstances
connected with it, particularly as to its ownership ; and any contract
made in pursuance of this authority Avill be restricted, either to the
collection and delivery of particular lots at named localities, which is
preferred, or, when circumstances clearly justify, to the general col-
lection and delivery of all abandoned property in limited districts, not
greater in any case than one parish or county, and not more than one
district to be assigned to one contractor.
Before payment to any contractor for services in fulfilment of any
contracts made in pursuance of this authority, a bond equal to the
amount stipulated to be paid must be given by him, indemnifying
the United States against all claims to the property delivered on
account of damages by trespass or otherwise, occasioned by the act
or connivance of the contractor, and against all claims that may arise
on account of expenses incurred in the collection, preparation, and
transportation of said property to the points designated in such
contract.
Should cases arise justifying, in your opinion, the allowance of a
larger percentage than that herein authorized, you will refer such
cases to this Department, accompanied by a statement of the facts
and circumstances connected therewith, together with such views
and opinions of your own as you may think proper to submit for my
consideration.
If property of a perishable nature is found abandoned, and its im-
mediate sale is required by the interests of all concerned, it may be
disposed of as provided for by regulations. You will aim to miti-
gate, as far as possible, and will in no case do anything avoidable to
augment the calamities of war.
In relation to captured property you will observe the same direc-
tions, as far as they may be applicable, as to its receipt and subse-
quent disposition, as are prescribed in relation to abandoned property.
In relation both to captured and abandoned property, you will
remember that no release must be granted to persons claiming owner-
ship of property which has come to' the possession of the Agents of
the Department as abandoned, captured, or forfeited; nor must any
permits be granted to individuals to remove such property; nor must
personal favors, in any case, be extended to one individual or party
rather than to another; nor must any liabilities be assumed or con-
tracts made on the part of the United States not clearly warranted
by law and the Departmental Regulations made in pursuance of law.
In case furniture, or other movable property of like character,
is abandoned or captured, you will cause it to be retained and left on
the premises where found Avhenever it can be done with safety; other-
wise, if practicable, and not attended with too great cost, you Avill
have it safely stored and properly raarked and numbered, and will re-
port the facts to this Department and await further directions.
Your principal embarrassments will doubtless arise from questions
relating to property of the third class, or commercial property.
The general purposes which, under the acts charging me with the
regulation of the restricted commercial intercourse permitted by the
President, I have kept steadily in view, have already been suffi-
ciently explained in general regulations and in letters.
They may be briefly stated thus : (1) To allow within districts in
insurrectionary States when the authority of the government is so
completely re-established, in your judgment, sanctioned by that of the
commanding General, as to warrant it, and between such districts
and loyal States the freest commercial intercourse compatible with
prevention of supplies to persons within rebel lines. (2d) To allow
beyond such districts, but within the lines of our military occupation,
such intercourse, sanctioned by the commanding General, as may be
required to supply the inhabitants with necessaries, but to allow no
other until the complete re-establishment of the national authority
shall warrant it; and (3) To allow no intercourse at all beyond the
national and within the rebel lines of military occupation; across
these lines there can be no intercourse except that of a character ex-
clusively military.
The limits of the districts within which the most general trade may
be allowed must necessarily be prescribed by you, after full confer-
ence with the commanding Generals of Departments, whenever such
conference is practicable, and these should be so clearly and distinct-
ly marked by known geographical boundaries, or by the enumeration
of counties, as to leave no uncertainty as to their course or compre-
hension. The limits of the regions within which necessaries may be
supplied cannot be so clearly defined, but must be ascertained as well
as possible from the commanding Generals, and the power to permit
any supplies within them must be exercised with great caution.
There does not seem to me to be so much danger in intercourse
which does not involve the furnishing of supplies. If, for example,
any person desires to bring cotton, tobacco, sugar, turpentine, or
other property, already purchased, or to be purchased for money
only, from any place within the lines of our military occupation, I
can see no objection to his being permitted to do so. subject to the
fees and obligations specified in the general Regulations, on his giving
a bond in a sufficient sum, and with sufficient sureties, conditioned
that no military, naval, or civil officers or persons, prohibited by law,
or by orders of the President, or of the Secretaries of War or Navy,
or of military or naval commanders having proper authority, from
being interested in such property, whether purchased or to be
purchased, shall be so interested therein. Intercourse such as this
might, it seems to me, be safely permitted, almost, if not quite, co-
extensively with our lines of military occupation.
Should this view meet the approval of the Generals commanding
Departments within your Agency, the question of intercourse within
the doubtful region between what may be called the commercial and
the military line would be reduced to a question of the quantity of
supplies allowed to be furnished for money.
It is impossible at once to arrive at the best possible ways of ac-
complishing the great objects which Congress had in view in the
several acts relating to commercial intercourse; but if these objects
themselves be kept steadily in view, namely, (1st,) non-intercourse
between loyal States or districts, and States or districts controlled by
insurgents; and (2d,) modified intercourse between loyal States or
districts, and States or districts partially regained to the Union, the
best modes of accomplishing them will gradually disclose themselves.
You will diligently observe the course of events, and hear attentively
all suggestions made by respectable and loyal citizens, and report to
me whatever may seem to you proper for consideration in establishing
or modifying the Regulations of the Department.
Nothing occurs to me as needing to be now added, except that
hereafter the Supervising Special Agents may establish, in conjunc-
tion with, or obedience to, the Generals commanding Departments,
lines within which trade, more or less limited, may be carried on
without awaiting my sanction, taking care, however, to give as gen-
eral notice as practicable, through the press and otherwise, of the
establishment or modification of such lines. All action under this
authority must be immediately and specifically reported to the De-
partment.
With great respect,
S. P. CHASE,
Secretary of the Treasury.
Wm. p. Mellen, Esq.,
Supervising Special Agent^ <tc.
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TREASURY DEPARTMENT CIRCULAR
CONCERNING
Trade with and iii States Declared in Insurrection.
AND CONCKRNINQ
ABANDONED AND CAPTURED PROPERTY.
To tJie Special Agents of the Treasury Department :
Treasury Department, September 11, 1863.
Gentlemen : The President of the United States, having, by Pro-
clamation of July 1, 1862, declared and proclaimed that the States
of South Carolina, Florida, Georgia, Alabama, Louisiana, Texas,
Mississippi, Arkansas, Tennessee, North Carolina, and the State of
Virginia, except the following counties, Hancock, Brooke, Ohio,
Marshall, Wetzel, Marion, Monongalia. Preston, Taylor, Pleasants,
Tyler, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane,
Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Ran-
dolph, Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne,
Boone, Logan, Wyoming, Webster, Fayette, and Raleigh, are in in-
surrection and rebellion:
And having also by Proclamation on the 31st of March, 1863, re-
voked certain exceptions made by his former Proclamation dated
August 16, 1861, and declared that the inhabitants of the States of
Georgia, South Carolina, North Carolina, Tennessee, Alabama, Louisi-
ana, Texas, Arkansas, Mississippi, Florida, and Virginia (except the
forty-eight counties of Virginia designated as West Virginia, and
except, also, the ports of New Orleans, Key West, Port Royal, and
Beaufort, in North Carolina,) are in a state of insurrection against
the United States, and that all commercial intercourse, not licensed
and conducted as provided in said act, between the said States and
the inhabitants thereof with the exceptions aforesaid, and the citizens
of other States and other parts of the United States, is unlawful, andi
will remain unlawful until such insurrection shall cease or has been
suppressed, and notice thereof has been duly given by Proclamation;
and all cotton, tobacco, and other products, and all other goods and
chattels, wares, and merchandise coming from any of said States,.
with the exceptions aforesaid, into other parts of the United States,
or proceeding to any of said States, with the exceptions aforesaid,
without the license and permission of the President, through the
Secretary of the Treasury, will, together with the vessel or vehicle
conveying the same, be forfeited to the- United States ;
10
And the act of Conp;ress "further to provide for the collection of
duties on imports and for other purposes, approved July 13, 1861,"
having authorized said Proclamation, and the License and Regula-
tions referred to;
And the act of Congress supplementary to said act of July 13, 1861,
approved May 20, 1862, having conferred additional powers on said
Secretary, and prescribed further conditions of trade;
And the act of Congress approved March 12, 1863, entitled
" An act to provide for the collection of abandoned property and for
the prevention of frauds in insurrectionary districts within the United
States," having declared
" That it shall be lawful for the Secretary of the Treasury, from
and after the passage of said act, as he shall from time to time see
fit, to appoint a special agent or agents to receive and collect all
abandoned or captured property in any State or Territory, or any
portion of any State or Territory, of the United States designated as
in insurrection against the lawful government of the United States by
the proclamation of the President of July 1, 1862: Provided, That
such property shall not include any kind or description which has
been used, or which was intended to be used, for waging or carrying-
on war against the United States, such as arms, ordnance, ships,
steamboats, or other water craft, and the furniture, forage, military
supplies, or munitions of war;"
And further, " That any part of the goods or property received or
collected by such agent or agents may be appropriated to public use
on due appraisement and certificate thereof, or forwarded to any
place of sale within the loyal States, as the public interests may re-
quire, and that all sales of such property shall be at public auction
to the highest bidder, and the proceeds thereof shall be paid into
the Treasury of the United States;" •
And further, " that he shall cause a book or books of account to be
kept, showing from whom such property was received, the cost of
transportation, and the proceeds of the sale thereof;"
And further, " that any person claiming to have been the owner of
any such abandoned or captured property may, at any time within two
years after the suppression of the rebellion, prefer his claim to the
proceeds thereof in the Court of Claims; and on proof, to the satis-
faction of said court, of his ownership of said property, of his right to
the proceeds thereof, and that he has never given any aid or comfort
to the present rebellion, to receive the residue of such proceeds after
deducting the expenses of transportation and sale of said property,
and any other lawful expenses attending the disposition thereof;"
And further, ' ' that it shall be the duty of any oflicer or private of the
regular or volunteer forces of the United States, or any officer, sailor,
or marine in the naval service of the United States, upon the inland
waters of the United States, who may take or receive any such
abandoned property, or cotton, sugar, rice, or tobacco, from persons
in such insurrectionary districts, or have it under his control, to turn
the same over to an agent appointed as aforesaid, who shall give a
receipt therefor; and in case he shall refuse to do so he shall be
11
tried by a court-martial, and punished as said court sliall order, with
the approval of the President of the United States;"
And the Secretary of War and the Secretary of the Navy having
respectively made and published orders, for the enforcing of said acts;
The following Regulations are prescribed for the government of the
several Supervising, Assistant, and Local Special Agents and Agency
Aids, appointed to carry said acts and the Regulations made under
them, into effect, and for the purpose of conducting the commercial
intercourse licensed and permitted by the President, and preventing
the conveyance of munitions of war and supplies to insurgents, or to
localities declared to be in insurrection against the United States, or
in such quantities that there will be imminent danger of their falling
into the possession or under the control of insurgents; and are pub-
lished, together with the Proclamations and License of the President,
the several acts of Congress, and the Orders of the Secretaries of
War and of the Navy, for the information of parties interested.
All officers charged with the execution of these Regulations, while
using necessary vigilance to prevent supplies to rebels, either directly
or by undue accumulation at points where there will be imminent
danger of their falling into their hands, and in collecting abandoned
or captured property, will be careful to occasion as little inconve-
nience as possible to any legitimate trade or intercourse, or to lo3^al
people.
S. P. CHASE,
Secretary of the Treasury,
Treasury Department, September 11, 1863.
Executive Mansion,
Washington, September 11, 1863.
The following Revised Eegulations of the Secretary of
the Treasury having heen seen and considered by me, are
hereby approved.
ABEAHAM LINCOLK
TRADE REGULATIONS
PEESCRIBED BY THE SECRETARY OF THE TREASURY FOR THE GOVERNMENT
OF THE LIMITED COMMERCIAL INTERCOURSE, LICENSED BY THE PRESIDENT,
BETWEEN THE CITIZENS OF LOYAL STATES A^B THE INHABITANTS OF
STATES AND PARTS OF STATES HERETOFORE DECLARED TO BE IN INSUR-
RECTION, AS REVISED AND REPUBLISHED SEPTEMBER 11, 1863.
I. The States and parts of States declared to be in insurrection,
between which and the citizens of loyal States cora-
Districts created mercial intercourse has been or may be licensed by the
Agencies'^^'^ President, to be conducted and carried on in pursuance
of Regulations and Rules prescribed by the Secretary
of the Treasury, are hereby divided into districts, called Special
Agencies, to which Supervising Special Agents, appointed by the
Secretary, are assigned.
II. The Special Agencies are distinguished numerically, and de-
scribed as follows:
Special Agencies The First Special Agency comprises the district of
scrTbed!'"'^'^^' *^® United States west of the Alleghany mountains,
known as the Valley of the Mississippi, and extending
southward so as to include so much of the States of Alabama, Missis-
sippi, Arkansas, and Louisiana, as is or may be occupied by national
forces operating from the North.
The Second Special Agency comprises the State of Virginia, and
so much of the State of West Virginia as lies east of the Alleghany
mountains; also the territory north and east thereof, from which trade
is carried on with the States or parts of States declared to be in in-
surrection.
The Third Special Agency comprises the State of North Carolina.
The Fourth Special Agency comprises the States of South Carolina,
Georgia, and Florida.
The Fifth Special Agency comprises the State of Texas and
so much of the States of Louisiana, Arkansas, Alabama, and Mis-
sissippi as is, or may be, within the lines of the national forces
operating from the South.
Additional Special Agencies, if established, will be numerically
designated in the order of their establishment; and if the boundaries
of Agencies already established shall be changed, due notice thereof
will be given.
14
III. Supervising Special Agents will supervise within their re-
spective Agencies the execution of these Regulations;
Supervising Spe- make and from time to time change such Local Rules
makt^^°lScS ^^°*' inconsistent with them, as may be proper for that
Eules. purpose, and temporarily suspend or qualify the author-
ity to grant Permits, if the public interest shall require
it, subject to the approval of the Secretary of the Treasury; and they
will confer with Generals commanding Departments and Naval Officers
commanding within their Agencies, and obtain, as far as practicable,
their sanction to such action as may affect their military or naval
movements, and carefully avoid all interference with military or naval
operations prosecuted by them.
TV. These Regulations, and the Local Rules prescribed by the several
Supervising Special Agents, for their respective Agen-
Officers by whom cies, will be carried into effect by Assistant Special
Kegulations, Agents, Local Special Agents, and Agency Aids. Lo-
wiii be^carried ^^^ Special Agents will take the place and perform the
into effect. duties of the Boards of Trade heretofore authorized.
Assistant Special Agents will be appointed by the
Secretary of the Treasury ; Local Special Agents and Agency Aids
will be appointed by the Supervising Special Agents or Assistant
Special Agents, as under Regulation XXX, subject to the approval of
the Secretary.
V. No goods, wares, or merchandise will be allowed to be trans-
. . ported to, from, or within any State or part of a State
Kestnction up- j l • j.- jii-- j.-
on transpor- under restriction, or declared m insurrection, except
tation. under Permits, Certificates, and Clearances, as herein-
after provided.
YL The officers of the Treasury Department authorized to grant
Permits to Districts in States or parts of States here-
Officers author- tofore declared to be in insurrection, but where com-
pe^rmits ^^^^ mercial intercourse has been or may be licensed by the
President under Regulations of the Secretary of the
Treasury, are the Surveyors of Customs at Pittsburg,Wheeling, Cincin-
nati, Madison, Louisville, New Albany, Evansville, Paducah, Cairo,
Quincy, St. Louis, Nashville, Memphis, and Baltimore; the Collectors
of Customs at Philadelphia, Georgetown, Beaufort in North Carolina,
and Port Royal in South Carolina ; and the Collector of Internal
Revenue at New Orleans. Other officers will be designated to grant
permits should the public interests require it; and no permit will be
granted except by such officers a§ shall be authorized by the Secretary
of the Treasury, ' or such as are approved by him.
VII. Commercial intercourse with localities beyond the lines of
military occupation by the United States forces is strictly
Intercourse be- prohibited ; and no permit will be granted for the trans -
ofmiiitrryoc^ portation of any property to any place under the con-
cupation pro- trol of insurgents against the United States.
hibited.
15
VIII. No clearance or permit whatsoever will be granted for any
shipment to any port or place affected by the existing
No clearance or blockade, except upon the request of the Department
permit for block- ^ ^ ^^ Department of the Navy, either directly
aded ports, ex- " , ' . •;, ^, . n «> j i j x i.i
cept as a miU- or through a specially authorized offacer, addressed to the
tary necessity. Secretary of the Treasury, or to some officer specially
authorized by him, accompanied by a certificate that
the articles are required for military or naval purposes, and in the
manner and form prescribed b}^ Regulation XXXII.
IX. The several Supervising Special Agents within their respective
Agencies will, after conference with the Generals corn-
Trade districts, nianding Departments, when possible, and with their
^d defined ^ sanction, unless unavoidable circumstances prevent the
obtaining of it, designate by known geographical boun-
daries, or by enumeration of counties, that portion of the territory
included in their Agencies, respectively, with which trade may be
safely permitted, and report such designation to the Secretary. The
part of territory so designated shall be called the Trade District ; and
no transportation of goods, except as hereinafter provided, shall be
permitted beyond the lines of such Trade District.
X. If it shall appear that beyond the lines of the Trade District,
but within the lines of national military occupation.
Supply districts, there is some territory within which the supply of
^d defced*^ necessaries is required by humanity and sound policy,
while trade cannot yet be safely re-established, then
the Supervising Special Agents, with the sanction of the General com-
manding Department, but in no case without his sanction, and subject
to revocation or modification by the Secretary, may in like manner
designate the portion of territory in their respective Agencies to which
goods may be properly permitted for individual and family supply,
but for no other purpose. The territory so designated shall be called
the Supply District; and no goods shall be transported thereto for
resale except as provided in Regulation XVIII.
XI. All applications for permits to transport goods or property
under these Regulations shall state the character and
Applications for value of the merchandise to be transported, the place
IZte^^ ^^^^^ *° which such transportation is to be made, the names
of the owner or purchaser, and, if any, of the shipper
and consignee thereof, and the number and description of the pack-
ages, with the marks thereon.
XII. Every applicant for a permit to transport goods, wares, Sr
merchandise into or within any place or section where
^^permit^' U)' ^uch transportation may be permitted, shall present
transport with his application the original invoices of the goods,
goods, how wares, and merchandise to be transported, and shall file
°^^^®' with the officer granting the permit the certificate of
the Local Special Agent authorizing it, if any be necessary, and an
16
affidavit that the names of the owners, the quantities, descriptions,
and values of the merchandise, are correctly stated in said invoices,
true copies of which shall be annexed to and filed with the affidavit;
and that the marks on the packages are correctly stated in the appli-
cation, and that the packages contain nothing except as stated in the
invoices; that the merchandise so permitted shall not, nor shall any
part thereof, be disposed of by him, or by his authority, connivance,
or assent, in violation of the terms of the permit, and that neither the
permit so granted nor the merchandise to be transported shall be so
used or disposed of by him, or by his authority, connivance, or assent,
as in any way to give aid, comfort, information, or encouragement to
persons in insurrection against the United States. All affidavits re-
quired by these Regulations or by Local Rules shall be taken before
a Supervising, Assistant or Local Special Agent, or some other
authorized officer.
XIIL No certificate shall be given by a Local Special Agent in
Certificate of Local ^ State declared in insurrection, for purchase of goods
Special Agent, to for resale, except to parties having trade stores under
whom given, and authority from the Supervising Special Agent, or As-
out^^cCTtifirate,' sistant Special Agent designated by him, as here-
except for fruits, inafter provided; and no permit shall be granted to
vegetables, &c. transport merchandise into any such State, unless
authorized by such certificate; except that fresh vegetables, fresh
fruits, ice, poiiltry, eggs, fresh butter, coal, wood, hay and other
forage, beef-cattle, sheep, hogs and household goods of families
moving, may be permitted by the officers named in Regulation YI,
to go to any not blockaded military post, fleet, or naval vessel, of the
United States forces, without such certificate but under careful dis-
cretion to prevent abuse of the exception.
XIY. After a Trade District in any Agency shall be designated,
. as aforesaid, persons of well-ascertained loyalty, de-
^horUytocontioue firing to Continue or establish trade stores therein,
or establish trade may make application in writing to the proper Su-
stores, to whom pervising Special Agent, or to such Assistant Special
an ow ma e. Agent as he shall designate for that purpose, set-
ting forth the locality of the proposed trade store, and will make
and attach to such application an affidavit that he is in all respects
true to the Government of the United States; that he will faithfully con-
form to the Proclamations and orders of the President of the United
States and of the military Governors and Generals exercising authority
under him, and to Departmental Regulations authorized by law, and
tliat he will at all times by his conduct and conversation, and by every
other means he can properly use, aid in suppressing the rebellion and
restoring obedience to the constitution and laws of the United States.
The Supervising Special Agent, or the officer designated by him, will
inquire into the character of the applicant and circumstances of the
locality, and if deemed expedient will authorize him to sell at said
trade store an amount of goods per month specified in the Authority,
17
A copy of the Authority shall be filed with the Local Special Agent
nearest the trade store, who shall thereby be authorized to give the
Trader certificates amounting in the aggregate to the specified monthly
sum, and upon which, goods, wares, and merchandise not prohibited by
Hegulations or Local Rules maybe permitted by the proper Collector
or Surveyor to be transported to such trade store. Great care will be
exercised by the Supervising Special Agent, and Assistant Special
Agent designated by him, to so limit the number of stores and quanti-
ties of goods to be permitted as to prevent undue accumulation of sup-
plies at such stores; and every Trader, before receiving his Authorit}^
shall be required to execute a bond to the United States in a penalty,
and with sureties to be approved by the Agent granting the Au-
thority, conditioned that he will not transport goods to any place
other than to said trade store, or engage directly or indirectly in any
prohibited trade; and that no part of the goods transported by him
shall, with his knowledge or assent, or by his connivance, be so used
or disposed of as to give aid or encouragement to the insurgents;
and also conditioned that no military, naval, or civil officer or person
prohibited by law or by order of the President, or of military or
naval commanders having proper authority, from being interested in
the property purchased or sold by him, shall be so interested therein.
XY. Authorized Traders, (except in the cities of Memphis and
A thor'z d t Nashville and such other cities or towns as may be
dei-s not to hereafter designated by the Secretary of the Treasury,
wholesale, ex- with the concurrence and approval of the General com-
^T^' ^H N^'h' Islanding Department,) shall not sell goods to others to
viiie. To keep ^^ resold by them; but shall sell only to persons for
true accounts their own individual, family, or plantation use, upon
and file and presentation of the permit for transportation thereof
perr'^Pena^^y o^ the proper Local Special Agent, as provided in Regu-
for violating lations XVI and XVII. In Memphis, Nashville, and
Keguiati jns or other citics after designation as above, authorized
oca Ru es. traders may sell goods to other traders for purpose of
resale, upon the certificate of the proper Local Special Agent. Persons
and families residing in Memphis, Nashville, and other cities after desig-
nation thereof as above, may purchase supplies for their own consump-
tion at any trade store therein without any permit or certificate; but
goods so sold shall not be transported out of said cities, except under
permit of the proper officer, to be issued only upon the certificate of
the Local Special Agent, as provided in Regulation XVI. All author-
ized Traders shall keep true accounts of all their sales, with the name
and residence of each purchaser, and the date and amount of every sale,,
and shall file and preserve all cancelled permits under whicli goods have'
been transported, and copies of all permits under which sJes have been
made; and their books, invoices, accounts, cancelled permits, and copies
of permits, shall be open to inspection of the Supervising Special Agent,
or Assistant Special Agents under his direction. If any sucli Trader
2c
18
shall violate any Regulation or Local Rule, his Authority shall be re-
voked by the Supervising Special Agent, or Assistant Special Agent
by him designated, and said revocation reported to the Secretary,
and his stock in trade seized and forfeited to the United States.
XYI. The purchase and transportation of individual, family, and
plantation supplies may be permitted by a Local Special
Special Agents Agent, from any trade store in that part of a Trade Dis-
may permit trict for which he is appointed to the home of the
supplies, ami applicant therein, upon application to hira by the head
on what con- ^^ ^^^ family or such other person as shall be authorized
ditions. 11- !• •• -111
by him or her m writing : provided, that the applicant
shall make affidavit, and the agent shall be satisfied, that the supplies
applied for are necessary for the use and consumption of such person
or family during the two months next ensuing the date of the affida-
vit; that no part thereof will be sold or otherwise disposed of by him or
her, or by his or her assent, except for use of such person or family; and
that, to the best of his or her knowledge and belief, no application has
been made for any permit for the same or like supplies to any other
officer or Agent, and that no supplies for the period mentioned have
been or are expected to be otherwise obtained; and no one person
shall be recognized as representing more than six families.
Such transportation may also be permitted by any authorized Col-
AiitLorized Col- lector or Surveyor out of the District for which the Local
lector and 8ur- Special Agent is appointed, upon his certificate and
veyor may also recommendation, granted upon the same application
rhTn'^nf on ^nd affidavit as above required.
■what condi-
tions.
XVn. Persons or families residing without the lines of the Trade
District, but within the lines of a Supply District, may
Conditions upon procure supplies on the certificate of the nearest Local
which parties Special Agent that the supplies specified therein are
in Supply Dig- jje^essarv for the use and consumption of such person
tncts may ob- ^'"^^^^ J ■ -, c ^- ^ t i.i 4-U
tain supplies, or family for a period ot time not exceeding the month
ensuing. All applications for such certificate must be
made personally to the proper Local Special Agent by such person,
or a member of such family, or other person authorized by the head
of the family; and the applicant shall make and file with him an affi-
davit that the supplies applied for are necessary for the use and con-
sumption of the person or family for the time specified, not exceed-
ing one month next ensuing; that no part thereof will be sold or
otherwise disposed of by him or her, or by his or her assent, except
for the use of such person or family, and that to the best of his or her
knowledge and belief no application has been made for the same or
like supplies to any other officer or Agent, and that no supplies
for the period mentioned have been or are expected to be otherwise
obtained; and no person shall be recognized as representing more
than six families. The certificate so obtained must be presented
19
to the nearest Collector or Surveyor, who, upon being satisfied that
it has been properly granted, will" issue a permit to the holder for
the transportation of the articles specified therein; but in cases where
the supphes are purchased at a trade store, and there is no authorized
Collector or Surveyor within five miles thereof, the Local Special Agent
nearest to such trade store may grant such permit, retaining the "cer-
tificate and delivering the permit to the applicant. Except in cases
mentioned in this Regulation and Regulation XVI, no permit will be
granted by any Local Special Agent.
XYIIL Upon the request of the General commanding Depart-
When trade store ^^6"^' .^1^6 proper Supervising Special Agent may
may be author- authorize the establishment of one or more trade
ized in Supply stores in any city or town of a Supply District, under
'^ ™ ■ the same Regulations as trade stores are established in
Trade Districts, and subject to military orders ; but the Authority
to establish any such store may be revoked, and the store discontinued
by the Supervising Special Agent whenever the public interest may
require it.
XIX. After any Trade or Supply District shall have been estab-
lished, loyal and well-disposed persons residing therein
When products m^y bring their products to market, unless prohibited
brought to ^y Regulation, Rule, or military order, and may be per-
market, and mitted by the proper Collector or Surveyor, on payment
on what con- of prescribed fees, to sell the same for money other
plies'may'^Te *^^^ ^0^^ or silver, and to take back to their respective
taken home, homes SO much of the proceeds of products so sold in
individual, family, or plantation supplies, as shall be
certified by the Local Special Agent nearest to the residence of such per-
son to be necessary for the use or consumption of the individual, fam-
ily, or plantation, for a period not exceeding two months next ensuing,
if residing within the limits of a Trade District, or one month if within
the limits of a Supply District; and any attempt to take back more
than the quantity so certified will debar the party all further privilege
to bring products to market or to trade.
XX. All proper and loyal persons may apply in the prescribed
form to the proper Supervising Special Agent, or an
Products may be Assistant Special Agent designai ed by him, for authority
derVescnb^d ^^ purchase, for money other than gold or silver, any of
conditions. the products of the country within the lines of Na-
tional military occupation in his Agency, except when
prohibited by order of the General commanding Department or other
special military order, and to transport the same to market; and — on
making and filing with such Agent an affidavit, in the prescribed form,
and executing a bond with penalty and sureties to be approved by
said Agent, and conditioned that he will pay or secure all fees re-
quired b}' Regulations, that he will not purchase products at any
place other than that named in the Authority, or engage directly or
20
indirectly in prohibited trade, and that no military, naval, or civil
officer or person prohibited by law or by order of the President, or
of military or naval commanders having proper authority, from being
interested in the property purchased by him, shall be so interested
therein — the Supervising Special Agent, or Assistant Special Agent de-
signated by him, if he deems it expedient, may authorize the proper
officer to permit, on payment or security of the prescribed fees, the
purchase and transportation of products as applied for, except arti-
cles prohibited. Upon presentation of such Authority to any officer
named in Regulation YI, he may issue a permit for the purchase, trans-
portation and sale of products specified, in pursuance of the terms
oT the Authority ; but before delivering it, he will require the pre-
scribed fees to be paid, or a bond therefor to be executed to the
United States with penalty, and sureties approved by him, condi-
tioned that the fees for each shipment made under the permit shall
be paid to him or some other proper officer at the time or within ten
days after such shipment shall be made; and that immediately after the
making of any shipment by land or water under the permit, notice of
such shipment shall be forthwith given to the officer issuing the permit,
which notice shall specify the date and place of shipment, and contain or
be accompanied by a description of the property and the marks thereon,
and a statement of its destination and the route thereto; and that upon
its arrival at any port where there is an officer of customs, a similar
report shall be forthwith made to him. If any person obtaining a per-
mit, and paying the fees therefor, shall purchase or transport no
merchandise under the same or a less quantity than is permitted, the
fees paid, or the proper proportion thereof, shall be refunded on appli-
cation and due showing to the proper Supervising Special Agent.
Any neglect on the part of the person permitted to purchase and
transport, or of any one acting for him, to comply with Regulations and
Local Rules, or with the conditions of the bond to the permit officer,
shall work immediate forfeiture of all rights under the Authority or
permit, and any property purchased or transported under the same
after such neglect shall be forfeited to the United States.
XXI. Every permit to purchase or sell cotton, tobacco, or other
merchandise within any place or section in a State here-
^^°?l^T7f/^ tofore declared in insurrection, after commercial inter-
which permits • i i n i i • i i i o
to purchase course therewith shall have been permitted by the Sec-
products may retary of the Treasury, and every permit to transport
be issued. ^^^^ same thereto, therein, or therefrom, shall clearly
define the character and quantity of the merchandise so permitted to
be sold, purchased, or transported, and the place or section within
which the same may be purchased or sold, and to and from which the
same may be transported ; and each person shall, before receiving
such permit, make affidavit that he is in all respects loyal and true to
the government of the United States: that he will faithfully conform
to the Proclamations and orders of the President of the United States,
and of the Military Governors and Generals exercising authority
under him, and to Departmental Regulations authorized by law; and
that be will at all times, by his conduct and conversation, and by
21
every other means he can properly use, aid in suppressing the rebel-
lion and restoring obedience to the Constitution and laws of the
United States.
XXII. All transportation of coin or bullion to an}^ State or section
heretofore declared to be -in insurrection is absolutely
'^orpaym^u^sia' Prohibited, except for military purjwses, and under
coin or bullion military orders, or under the special license of the
strictly prohib- President. And no payment of gold or silver or foreiga
bills of exchange shall be made for cotton or other
merchandise within any such State or section. All cotton or other
merchandise purchased in any|^ such State or section, to be paid for
therein, directly or indirectly, in gold or silver, or foreign bills of
exchange, shall be forfeited to the United States.
XXIII. Authorities to purchase products, unless renewed, and all
Certificates of Local Special Agents recommending permits for trans-
portation, shall expire thirty days after date. Permits
revocation ot^au- ^^"^ transportation shall expire ten days after date; and
thorities, certifi- all authorities, certificates, and permits, will be liable to
Gates, and per- revocation by the Secretary of the Treasury, or the
™^ ' proper Supervising Special Agent, as the public in-
terests may require.
XXIV. Permits will be granted to Sutlers to transport to the regi-
ments sutlered by them such articles as they are au-
Sutlers' permits, thorized to sell, free of the five per cent, fee; but no per-
andupon'whut ^^^ ^^'^'^ ^® granted to a Sutler except on presentation
conditions. to the proper permit oflScer of the original certificate
of his appointment from the commanding officer of his
regiment, countersigned by the Division commander thereof, and an
application and affidavit in the form prescribed. Transportation
shall not be permitted to any Sutler for an amount of goods exceed-
ing $2,500 per month: nor for over two months supply at one time;
nor for any goods except such as he is by law and War Department
orders allowed to deal in.
XXY. Supplies and other property belonging to the United
Supplies moving States for the use of the army or navy, moving under
under military military or naval orders, are excepted from the opera-
orders or un ^[q^ Qf these Regulations. Supplies for the army or
navy, furnished under contract, will be permitted
free of charge, upon the certificate of the proper military or naval
officer that such supplies are required and are to be shipped in
fulfilment of an actual existing contract with the government.
XXVI. In order to prevent, under the pretence of legitimate trade,
Eestricted dis- ^^® conveyance of supplies which there is reason to be-
tricts, not de- Heve are ultimately intended for persons in rebellion
Glared in in- against the government, or for places under the con-
surrection, to |j,qJ ^f insurgents, and to prevent undue accumulation
which goods f. , ^-.-j ^ ••^^tj.-j.
must be per- ^* gooQS at points in dangerous proximity to districts
mitted. under control of insurgents, transportation of any goods,
22
wares, or merchandise, without the permit of a duly authorized
officer of this Department, is prohibited to any place on the south
side of the Potomac River, or to any place on the north side of the
Potomac and south of the Washington and Annapolis railroad, or on
the eastern shore of the Chesapeake, or on the south side of the Ohio
River below Wheeling, except Louisville; or on the west side of the
Mississippi River below the mouth of the Des Moines, except St.
Louis.
XXVIL Permits for shipment of goods into districts or places with
„ ,.^. which commercial intercourse is restricted, but which
Conditions upon . ,, jii^i-- ^- ^
which goods have not been declared to be m insurrection, may be
to restricted granted by Collectors or Surveyors of customs, or other
districts may specially authorized officers of the Department located
epermi e . jjg^j. ^jjg point of destination, in conformity with Regu-
lations and local rules; and Collectors or Surveyors at any other
port or place, when applied to by parties wishing to make ship-
ments into such districts or places, if satisfied of the loyalty of
such parties and the good faith of the proposed transaction, may
furnish certificates to that effect, which will be received as suffi-
cient evidence on those points by the Collector, Surveyor, or other
proper officer near the point of destination, to whom application for
permits will be made by the shipper, and by whom, on compliance
with Regulations and Local Rules, such permits will be granted ; and
all questions of detention or seizure of goods en route to points above
indicated will be decided by the Collector or Surveyor at the last port
to be passed before entering a restricted district. Any information
touching the character of any goods or transaction in the possession
of any officer of this Department likely to be useful in such decisions
should be promptly, forwarded to the officer on whom rests the de-
cision or who grants the permit, and also to the Secretary.
XXYIIL No vessel, boat, or other vehicle, used for transportation
from any place in the loyal States, shall carry goods,
No vessel or wares, Of merchandise into any place, section, or State
ot er veiic e ^^^ declared in insurrection, but with which commercial
shall cany . ' • i • i i
goods into,or intercourse has been or may be restricted, without the
put off goods permit of a duly authorized officer of the Treasury De-
di'tr^ictswRh^ partment, application for which permit may be made to
out permit. such authorized officer near the point of destination as
may suit the convenience of the shipper. Nor shall any
vessel, boat, or other craft, or vehicle used for transportation, put off
an}^ goods, Avares, or merchandise, at any place other than that named
in the permit or clearance as the place of destination of such goods,
wares, and merchandise.
XXIX. Before any boat or vessel running on any of the western
waters south of Louisville or St. Louis, or other waters
°ern °\aters ^^ithin or adjacent to any State or section commercial
must present intercourse with which now is, or may hereafter be, re-
manifest and stricted as aforesaid, shall depart from any port where
clearance. there is a collector or surveyor of customs, there shall
23
be exhibited to the collector or surveyor, or such other officer as
may be authorized to act in his stead, a true manifest of its entire
cargo, and a clearance, obtained to proceed on its voyage; and when
freights are received on board at a place where there is no Collector
or Surveyor, as hereinafter provided in Regulation XXX, then the
same exhibit shall be made and clearance obtained at the first port
to be passed where there is such an officer, if required by him, and
such vessel or boat shall be reported and the manifest of its cargo ex-
hibited to the collector or surveyor of every port to be passed on the
trip where there is such an officer, if required by him; but no new
clearance shall be necessary unless additional freights shall have been
taken on board after the last clearance. Immediately on arriving at
the port of final destination, and before discharging any part of the
cargo, the manifest shall be exhibited to the Surveyor of such port,
or other officer authorized to act in his stead, whose approval for
landing .the cargo shall be indorsed on the manifest before any part
thereof shall be discharged; and the clearance and shipping permits
of all such vessels and boats shall be exhibited to the officer in com-
mand of any Naval vessel or military post whenever such officer may
require it.
XXX. To facilitate trade, and guard against improper trans-
portation. Agency Aids will be appointed by the proper
Agency Aids will Supervising Special Agent, or under his direction by an
11 ^l^'f^^^Ti Assistant Special Agent, from time to time, on cars, ves-
boats. sels, and boats, when desired by owners, agents, or
masters thereof, which Aids will have free carriage
on the respective cars, vessels, and boats on which they are placed,
and will allow proper way freights to be taken on board without per-
mit, keeping a statement thereof, and reporting the same to the first
officer to be passed on the trip who is authorized to grant the permit
desired, from whom a permit therefor must be obtained, or the goods
shall be returned to the shipper under his direction. No permit
will be granted for transportation into or within any State or district
under restriction, or declared in insurrection, except on cars, vessels,
and boats carrying such Aids, or by private conveyance specified in
the permit, or on boats, vessels, or cars bonded not to receive any-
thing on board for transportation during the trip, nor to land or dis-
charge anything at any point except that of ultimate destination
without proper permit.
XXXI. Boats and vessels may be cleared, and merchandise not
Con-iitions on Prohibited may be permitted, from any port which has
which clear- not been blockaded to any port which has been block-
auces and per- aded but opened by proclamation, upon payment of such
Tt^" "d r)'^ ^®®^ only as Avere chargeable therefor before the block-
port not bl6ck- f^de was declared, but subject to Regulations XXXV,
aded to port XXXYI, XXXVII, XXXVIII, XXXIX, and XL, aAd
opened by ^pon giving bond not to land or discharge any of such
proc ama ion. jQgj.c}jf^i^(3jge r^^, any intermediate point, except under
permit authorized by these Regulations. But no goods, wares, or
24
merchandise shall be shipped or transported from or out of such
opened port, except under permits granted upon compliance with
Regulations and Local Rules, and payment of the fees prescribed in
Regulation XLII.
XXXII. Applicants for permits to ship to any port or place affected
by the existing blockade, but occupied by United States
^p^eJmitS*"^ to forces, must present, with their application, a certifi-
biockaded cate from the Department of War, or Department of
ports, how the Navy, either directly or through a duly authorized
made. officer, that the articles are required for military or
naval purposes, and a request that the transportation of the same
may be permitted, together with invoices in duplicate of the articles
to be permitted, specifying their character, quantity, value, and
destination. On receiving such certificate and request and duplicate
invoices, the Secretary of the Treasury, or some officer specially
authorized by him, will transmit to the proper officer one of the in-
voices, and direct the permitting of the transportation requested, and
forward the other invoice to the Assistant or Local Special Agent at
the port or place to which the goods are to be permitted. The As-
sistant or Local Special Agent will, in all cases, on the arrival of any
articles claimed to have been permitted, examine and compare such
articles with the duplicate invoice; and in case of any excess or eva-
sion of the permit, he will seize the whole shipment, and report the
facts forthwith to the Supervising Special Agent, that proceedings
may be taken for their forfeiture under the act of July 13, 1861,
May 20, 1862, and March 12, 1863.
XXXIII.- Where ports heretofore blockaded have been opened by
t;^o„o„o ^„„ K. the proclamation of the President, licenses will be
grnntodbycon- granted by the United States Consuls, on application
suis to block- by the proper parties, to vessels clearing from foreign
aded ports re- p^j.^g ^o the ports SO opened, upon satisfacrory evidence
that the vessel so licensed will convey no person, prop-
erty, or information contraband of war, either to or from said ports,
which license shall be shown to the Collector of the port to which the
vessel is bound, and, if required, to any officer in charge of the
blockade. And on leaving any port so opened, the vessel must have
a clearance from the Collector, according to law, showing no viola-
tion of the conditions of the license. Any violation of the condi-
tions will involve the forfeiture and condemnation of the vessel and
cargo, and the exclusion of all parties concerned from entering the
United States for any purpose during the war.
XXXI 7. Vessels clearing from domestic ports to any of the ports so
Clearances from op^ned will apply to the custom-house officers of the
domestic ports proper ports, in the usual manner, for licenses or
mny be grant- clearances under the Regulations heretofore established,
ed.
25
XXXV. Whenever application is made to a Collector, or Surveyor
authorized to grant it, for a perm it. license, or clearance,
Bonds maybe re- ' ^^^ ^j^j^^^ ^ foreign or domestic port, if for satisfactory
quired in cer- i i n i •, - - ^.i
tain cases. reasons he shall deem it necessary' to prevent the cargo
of the vessel from being used in affording aid or
comfort to any person or parties in insurrection against the authority
of the United States, he shall require a bond to be executed by the
master or owner of the vessel, in a penalty equal to the value of the
cargo, and with sureties to the satisfaction of such Collector or Sur-
veyor, conditioned that the said cargo shall be delivered at the des-
tination for which it is cleared or permitted, and that no part there-
of shall be used in affording aid or comfort to any person or parties
in insurrection against the authority of the United States, with the
knowledge or consent or connivance of the owner or shipper thereof,
or wath the knowledge, consent, or connivance of the master of the
vessel on which the same may be laden, or of other persons having con-
trol of the same, until after delivery to the proper consignee, and
the sale or other disposition, by him in good faith, of said cargo.
XXXVI. Collectors and Surveyors will refuse clearances and
permits to all vessels, or other vehicles, whether
^ refu°eTin^ce^! ^^^^ °^ without cargo, destined for a foreign or
tain cases. domestic port, whenever they shall have satisfac-
tory reason to believe that such vessels or their cargoes, or any
part thereof, whatever may be their ostensible destination, are in-
tended for ports or places in possession or under control of insur-
gents against the United States. And if any vessel or other vehicle
for which a clearance or permit shall have been refused as afore-
said shall depart, or attempt to depart, for a foreign or domestic
port, without being duly cleared or permitted, such Collector, or Sur-
veyor, or the Supervising Special Agent, or Assistant
Vessels may be Special Agent, shall cause such vessel or vehicle to be
^^'^^ ■ seized and detained, and proceedings to be instituted
for the forfeiture to the United States of such vessel or other vehicle,
# with her tackle, apparel, furniture, and cargo.
XXXVII. When any Collector, Surveyor, Supervising, Assistant, or
Local Special Agent, charged with the execution of
Merchandise in ^j^^^^ Regulations, and the laws authorizing them, shall
whatever local- ,. , .y. . . ' t •, i
ity, liable to "ud witliin his proper limits any goods, wares,
reach insuig- or merchandise which, in his opinion, founded on
ents. owner to satisfactory evidence in Avriting, are in danger of
give bond. i • . , j ^ ' ± i -xi,
being transported to insurgents, he may require the
owner or holder thereof to give reasonable security that they shall not
be transported to any place under insurrectionary control, and shall
not in any way be used to give aid or encouragement to the insurgents.
_, . If the required security be not given, such officer
given, goods to shall promptly state the facts to the United States
be taken pos- marshal for the district within which such goods are
"^- situated; or if there be no United States marshal, then
26
to the commander of a near military post, whose duty it shall be to
take possession thereof, and hold them for safe-keepino-, reporting
the facts promptly to the Secretary of the Treasury, and awaiting
instructions.
XXXVIII, No clearance or permit will be granted for the shipment
of prohibited articles, viz : cannon, mortars, fire-arms,
Prohibited arti- pj^tols, bombs, grenades, powder, saltpetre, sulphur,
balls, bullets, pikes, swords, boarding-caps, (always
excepting the quantity of the said articles which may be necessary
for the defence of the ship and of those who compose the crew,) sad-
dles, bridles, cartridge-bag material, percussion and other caps, cloth-
ing adapted for uniforms, sail-cloth of all kinds, hemp and cordage,
intoxicating drinks, other than beer and light native wines, or other
articles prohibited by the proper authorities, except upon certificate
and request under Regulation XXXII, or by the special direction of
the Supervising Special Agent sanctioned by the General commanding
Department or District into or from which the shipment is to be made.
XXXIX. Every vessel, on approaching a gunboat or revenue
Vessels to report cutter, or- vessel appearing to be such, before pro-
togunboatsor ceeding further, shall bear up and speak said boat
revenue cut- or cutter, and submit to such examination as may be re-
'''''■ quired.
XL. All vessels, boats, and other vehicles used for transporta-
Violations of t^^'"' violating Regulations or Local Rules, and all
these regula- cotton, tobacco. or other merchandise shipped or trans-
tions, how ported or purchased or sold in violation thereof, will
punished. ^g forfeited to the United States. If any false state-
ment be made or deception practiced in obtaining an Authority, Cer-
tificate, or Permit under these Regulations, such Authority, Certificate,
or Permit, and all others connected therewith or affected thereby, will
be absolutely void, and all merchandise purchased or shipped under
them shall be forfeited to the United States. In all cases of forfei-
ture, as aforesaid, immediate seizure will be made and proceedings
instituted promptly' for condemnation. The attention of all ofiicers
of the government, common-carriers, shippers, consignees, owners,
masters, conductors, agents, drivers, and other persons connected
with the transportation of merchandise, or trading therein, is particu-
larly directed to the acts of July 13, 1861, May 20, 1862, and March
12, 1863, and to the orders qf the Secretaries of War and of the
Navy hereto appended.
XLI. In cases where military or naval Commanders shall have
ordered all packages sent by friends to the officers and
Packages to offi- soldiers of their command to be delivered only to desig-
diershoweent i^^^ed regimental or vessel ofiicers for delivery to the
proper parties, such packages may be transported, with-
out Collector's or Surveyor's permits, by the Adams Express Com-
27
pany, or other carriers having authority for that purpose from the
Secretary of the Treasury, on such carriers giving bond conditioned
to render a true account of all such packages by them transported,
and to carry no goods without proper permits, other than such packages.
XLII. The following fees are prescribed :
Fees for administering oath and certifying affidavit 10 cents.
for each Authority from agent 3 dolls.
for certificate of Local Special Agent 10 cents.
for each permit for purposes of trade 20 cents.
for each permit to purchase cotton in any insurection-
ary district, and to transport the same to any
loyal State • • • -• per pound • • 4 cents.
for permit so to purchase and transport tobacco per hhd. 2 dolls.
for permit so to purchase or sell and transport to or
from such district other products, goods, wares, or
merchandise, five per centum on the sworn invoice
value thereof at the place of shipment.
for each permit for individual, family, or plantation sup-
plies, on every purchase over $20 and not over $50, 5 cents.
** over $50 and not over $100, 10 cents.
" over $100 -^ 15 cents.
For permits for individual, family, or plantation supplies,
not over twenty dollars in amount, no charge is allowed,
except for revenue stamps, on affidavits and certificates
in districts under restriction; and no charge, except five
cents for permit and five cents for each revenue stamp on
affidavit and certificate, is allowed in States declared in
insurrection. When purchases are less than five dollars,
the permit officer may dispense with affidavits and cer-
tificates when no ground to suspect fraud or imposition
appears.
XLIII. Internal revenue stamps are required by law to be attached
to affidavits, certificates, and bonds, but not to any
Internal revenue other instruments or writings provided for by these
atSet? ^' Regulations. Stamps will be furnished by the proper
Special Agents at the rates fixed by the internal revenue
act, namely:
For affidavits 5 cents.
For certificates of Local Special Agents or Collectors and
Surveyors 5 cents.
For bonds 25 cents.
XLIV. Every officer authorized by the Secretary of the Treasury to
grant permits under these Regulations shall keep in his
Officers to keep ^^^^ ^ record of every permit granted bv him, show-
record of per- . , n .-, 1 • ' 1
mits and f.es mg the names of the owner, shipper, and consignee,
received, and the place from and to which each transportation is per-
make reports, jj^i^ted. the character and invoice value of the merchan-
dise permitted, and shall transmit to the Secretary, and also to the pro-
per Supervising Special Agent, as near as possible on the first day
28
of every month, a transcript of such record; and will also at tlie same
time transmit to the Supervising Special Agent an abstract statement
showing the permits granted daily to parts of States not declared in
insurrection but in which trade is restricted, and also showing the
permits granted daily to States declared in insurrection, with the in-
voice value of the merchandise permitted, the fees received, and the
disposition made of the same, together with the names of all Agency
Aids reporting to him, and the compensation paid to each.
XLY. All money received by each Assistant or Local Special Agent
shall be paid over as promptly as possible to the Super-
^dstant"^' and ^i^ing Special Agent, or to an Assistant Treasurer or
Local Special Designated Depository as directed by him, and so that
Agents to pay all receipts during each month shall be paid over before
rJcS™^"' the making of his required monthly report; and all
money received by each Supervising Special Agent or-
Collector, Surveyor, or other officer authorized to grant permits,
under these Regulations, shall be promptly paid over to the Assistant
Treasurer or Designated Depository most convenient to him, and so
that all receipts for each month shall be so paid over before the
making of his montbl}^ report
XL VI. Every officer authorized to receive money under these Regu-
lations shall transmit to the Secretary on the first of
ized toTeceiva Q^ch month a report, stating in detail all moneys so re-
money to re- ceived by him during the preceding month, and from
portonfirstof what sources received, together with all expenses of
eac mont . ^^-^ qJ^^^q incidental to the execution of these Regula-
tions ; and if any money has been paid out or otherwise disposed of
by him during the month, an account thereof, and by what authority,
to whom, or for what purpose it was so paid or disposed of. with the
vouchers therefor. A duplicate of this report and account shall at
the same time be transmitted to the Supervising Special Agent for
the Agency in which it shall be made, and a triplicate to the Com-
missioner of Customs.
XLYIL Assistant Special Agents shall keep a record of all their
official transactions, showing specifically and in detail
A^e?ts '^rhlui e^ery Authority given to traders, (Reg. XIV;) every
keep record, &c. Authority for the purchase of products, (XX;) every
inspection of trade store, and the results thereof, (XV;)
all appointments of Agency Aids on cars, vessels,, and boats, and the
compensation of each, (XXX;) all seizures in cases of excess or eva-
sion of permits to blockaded ports, (XXXII;) all seizures or detentions
of vessels or vehicles departing, or attempting to depart, when clearance
has been refused, (XXXVI;) all cases of security required when goods
found in danger of being transported to insurgents, and if security not
given, the action taken by them, (XXXVII;) all fees received for
affidavits. Authorities to traders, and for the purchase of products, and
from whom, and for what received, (XIV, XX, XLII.) And they shall,
29
on the first day of every month, transmit to the proper Supervising
Special Agent a transcript of such record, and all bonds or securities
received by them under these Regulations, (XIV", XX, XXX VII.)
XLYIII. Local Special Agents shall keep a record of every Authority
to trade or to purchase products presented by the
Local Special holder thereof, and of all certificates given to traders,
kfe°*a record^ ^^ ^*^^' permits to purchase and transport products,
&c. ' (Reg. XIV;) of all permits for purchase and trans-
portation of supplies from trade store, and certificates
to buy supplies elsewhere 'than in trade district, (XVI;) of all per-
mits granted where there is no Collector or Surveyor within five miles
of trade store, (XVII;) of all certificates to persons bringing products
to market and taking back supplies, (XIX;) of all excess or evasion
of permits in shipments to blockaded ports, and their action thereon,
(XXXII;) of all cases of bonds required of owners or holders of goods
in danger of being transported to insurgents, and their action .where
bond not given, (XXXVII;) of all permits under Regulations XVI and
XVII, showing all that is required by those Regulations and of all fees
required for certificates, affidavits, and permits, (XII, XVI, XVII,
XIX, XLII ) iWid they will also, as nearly as possible on the first
day of every month, transmit to the proper Supervising Special Agent
a transcript of such record, and will deliver to such Agent all bonds
or securities received by them under these Regulations, (XXXVII.)
XLIX. Supervising Special Agents shall keep a record of all
Supervising Spe- their oflBcial transactions, showing full}- the name
cial Agents shall and location of each Local Special Agent and Agency
keep record, &c. j^[^ appointed by them, and the compensation of
each, (Reg. IV;) of conferences with Generals commanding Depart-
ments and designations of trade and supply districts, (IX, X;) of all
Authorities given for trade stores, stating the date, name of trader,
locality, and amount of goods authorized, (XIV;) of the inspection of
trade stores and the results, (XV;) of all trade stores authorized in
any city or town of a supply district, the date, name of trader, and
amount of goods authorized, and of the discontinuance of any such
store, (XVIII;) of all Authorities given for the purchase of products,
to whom given, and the locality where purchases are to be made, (XX;)
of all revocations of Authorities, Certificates, and Permits, (XXIII;)of
all information touching any goods or transactions given to other offi-
cers of the department, (XXVII;) of all appointments of Agency Aids
upon cars, vessels, and boats, (XXX;) of all seizures and detentions of
vessels or vehicles departing, or attempting to depart, after clearance
has been refused, (XXXVI;) of all securities required and received
of OAvners or holders of goods in danger of being transported to in-
surgents, and of their action if security was not given, (XXXVII.)
And on the first day of every month, as nearly as possible, they shall
transmit to this Department a transcript of such record for the pre-
vious month, together with a copy of the transcripts of records and
a statement of all bonds and securities received by them from Assist-
ant and Local Special Agents.
30
L. These Regulations shall supersede those of March 31, 1863,
and all others conflicting herewith, affecting commer-
^^J^rstlr^ Si c'''^ intercourse with States declared in insurrection;
others. and all permits hereafter granted by any ofKcer of the
Treasury Department will be granted in pursuance of
them and of the Local Rules authorized by them, or by virtue of au-
thority hereafter given by the Secretary of the Treasury; but all
permits granted and acts done in pursuance of former Regulations
shall be valid and effectual until the 15th day of October, 1863, unless
the Regulations shall have been sooner received and made known at
the place of such permits or acts.
REGULATIOXS
PRESCRJBED BY THE SECRETARY- OF THE TREASURY FOR THE GOVERNMENT
OF THE SEVERAL SPECIAL AGENTS AND AGEN^CY AIDS APPOINTED IN PUR-
SUANCE OF THE A :T of 12TH 1I\R0H, 1863, ENTITLED •' AN ACT TO PROVIDE
FORTHECOLLECnON OF ABANDONED PROPERTY. AND FOR THE PREVENTION
OF FRAUDS IN INSURRECTIONARY DISTRICTS WITHIN THE UNITED STATES."
I. The territory of the United States designated as in insurrection
against the lawful government of the United States by
Territory di- the Proclamation of the President, July 1, 1862, to
vided into dis- ^y\^[Q]^ Special Agents have been assigned to receive and
tncts called Spe- ,, t- o r> ^•j--jj
cial Agencies. collect abandoned and captured property, is divided
into districts called Special Agencies, numerically desig-
nated and described as follows, viz :
The First Special Agency comprises the district of the Uni-
ted States west of the Alleghany mountains, known
ciernlm dim! *^ ^^^® Valley of the Mississippi, and extending south-
dtscribed. ward SO as to include so much of the States of Alabama,
Mississippi, Arkansas, and Louisiana, as is or may be
occupied by national forces operating from the North.
The Second Special Agency comprises the State of Virginia
and so much of West Virginia as lies east of the Alleghany moun-
tains.
The Third Special Agency comprises the State of North Caro-
lina.
The Fourth Special Agency comprises the States of South Car-
olina, Georgia, and Florida.
The Fifth Special Agency comprises the States of Texas and
Louisiana, and so much of the .States of Arkansas, Alabama and
Mississippi, as is or may be within the lines of the national forces
operating from the South.
If additional Special Agencies shall be established, they will be
numerically designated in the order of their establishment. And if
the boundaries of agencies already established shall be changed, due
notice thereof will be given.
n. Supervising Special Agents and Assistant Special Agents will
be appointed by the Secretary of the Treasury, and
agS"''*^'"' ""' Local Special Agents and Agency Aids will be appointed
by Supervising Special Agents, or under their direc-
tion by Assistant Special Agents, subject to the approval of the Sec-
retary, to carry into effect the said Act and these Kegulations.
ceive all aban-
doned proptirty.
32
III. Supervising and Assistant Special Agents are authorized and
. ^ ^, directed to receive and collect all abandoned and cap-
Agentsauthor- , ■, i. r j -i.! • xi • .• » •
ized anil directed i^red property tound withm their respective Agencies
to collect and re- and within the lines of military occupation by the
United States forces, except such as has been used or
was intended to be used for waging or carrying on war
against the United States, viz: arms, ordnance, ships, steamboats or
otiier water craft and their furniture, forage, military supplies, and
munitions of war.
TV. Abandoned property is of two descriptions:
First; That which has been or may be deserted by
c^Sr^^'IT*! *^® owners; and,
erty. Second; That which has been or may be voluntarily
abandoned by the owners to the civil or military au-
thorities of the United States.
Captured property is that which has been or may be seized or
taken from hostile possession by the military or naval forces of the
United States.
V. Supervising and Assistant Special Agents will exercise due dili-
gence in receiving and collecting, within the Agency
T^-iKltcf^^^^^^^ ^^ '^^"^^^1 *^^^>^ ^^^® ^een respectively assigned, all
receive prupeity, abandoned and captured property ; and on taking pos-
and make and session of any such property, will immediately make
keep a true re- ^j-^^j j^gg ^ |-^j| ^^^^ correct record of all the facts or
cord and account .,.'.. , , , . ,
of expenses. mtoimation in regard to each case or lot known or
accessible to them, including, as nearly as possible,
the following: the character and quantity of the property received
or collected; where captured, or found or received as abandoned;
under what circumstances; by whom owned or alleged to be
owned ; noting, where practicable, the name and address of one
or more truthful residents of the neighborhood acquainted with
the property and the owner or claimant thereof, and an}' state-
ments they may make in connexion therewith ; by whom such
property was captured or abandoned ; by whom received or col-
lected; from whom received; all names, marks, signs, or devices,
(whether distinct, indistinct, or partially erased,) upon such propert}^;
together with all other information which may in any way serve to
identify or make known the history of any particular lot, or to trace
the same, or the proceeds thereof, from the earliest period possible
to its final disposition.
They will also charge against each lot and keep a true and detailed
account in triplicate of each item of expense incurred in its collec-
tion, transportation, care and sale; or where two or more lots are
treated together, a fair and just proportion against each, as well as
all fees due in any way to the government thereon.
One copy of this record will be promptly transmitted to the
Supervising Special Agent, to whom or to whose order the property
33
so received and collected will be delivered, another to the Secretar}^
of the Treasury, and the third will be retained by the Assistant
Special Agents for their files.
VI. Supervising and Assistant Special Agents will receive within
Agents will their respective Agencies any property from persons
receive volunta- who offer voluntarily to abandon the same; and shall
rily abandoned g[yQ a receipt tlierefor to the person so abandoning it,
^^i\^r^ ^receip'^s, ^^ ^^ ^^^ '^^ ^^^ agent, in the following form:
and take stipula-
tions.
"Keceived of , of the county of ... . , in the .State of
estimated at $ . , , claimed by . . . , as the owner thereof and numbered as
follows :
; which, as Special Agent of the Treasury Department, at the request
of
I have received as abandoned property, to be forwarded to
, and disposed of in accordance with the act of Congress, approved
March 12, 1863."
And shall make three copies of said receipt, of which he shall send
one to the Secretary of the Treasury, one to the Supervising Special
Agent, and keep one for his files; and in all cases of so receiving
voluntarily abandoned property, the Agent shall require from the
owner or person so abandoning it a statement and stipulation in
triplicate in the following form:
" Special Agent of the Treasury Department, has this day
received from me as abandoned propeity
marked and numbered as follows :
which the said has received
at my request, to be transported to the Special Agent of the government in the city
of , appointed to receive and dispose of such
property, subject to the deductions prescribed by the act approved March 12, 1862, and
the fees designated by the XIV Regulation prescribed by the Secretary of the Treasury,
September 11, 1863.
And I hereby acquit and discharge the said ,
and all other oflicers of the government, from all personal liability on account of the said
property, except such as may result from an unfaithful discharge of their duties in trans-
porting or disposing of it.
And in case of any loss or damage to the said property in its transportation or other-
wise, neither the government of the United States nor any of its Agents shall be held
responsible therefor."
A record of all property so received and of the expenses incurred in
connexion therewith shall be made and copies transmitted, and the pro-
perty shall be disposed of, in the manner prescribed in Regulation Y.
3c
34
VII. Supervising and Assistant Special Agents will receive and
collect abandoned property frora any officer or private of
lect^and'Tecdve ^^^^ regular or volunteer forces of the United States, or
from officers and any officer, sailor, or marine in the naval service of the
privates, sailors United States, upon the inland waters of the United
or marines, aban- g^.^fgg -^y|^Q may take or receive any such abandoned
doned property, \ o ■ ^ ■ >.• j-^-i.
and give receipt, property, irom persons in such insurrectionary districts,
or have it under their control, and such Supervising or
Assistant Special Agent will, in all such cases, give a receipt therefor
in the following form :
"Received , o'
estimated at $ .
taken or received and held by him as abandoned property ia such insurrectionary district
and claimed to bo the property of ...
and turned over to me by said
■which property I have received as Agent of the Treasury Department, appointed in pur-
suance of certain acts of Congress, approved July 13, 1861, May 20, 1862, and March 12,
1863. The said property to be transported and disposed of under the Regulations of the
Secretary of the Treasury prescribed in pursuaace of the authority coDferred on him by
gaid acts."
Three copies of said receipt shall be made, one of which shall be
transmitted to the Secretary of the Treasury, one to the Supervising
Special Agent, and one shall be retained by the Agent giving the
receipt; and a record of the property so collected and received shall
be made, and copies transmitted, and the property disposed of, as
directed in Reguhition A^..
YIII. Supervising and AssistantSpecialAgentswill collect and receive
of any officer or private, or person employed in or with
Captured property the regular or volunteer forces of the United States,
in bands of officers any property held by him which shall have been cap-
TJ'^}'^^ ^° ^^ tured in anv district declared to be in insurrection
tamed over ana . , •__ . , .-, , , i n i
receipt given. against the United States, except such as shall be re-
quired for military use of the United States forces;
and all property so held by them shall be received by the Agent as
captured property, leaving all questions concerning the class to which
it belongs for after consideration; and they shall also receive with
such property the necessary invoices thereof, and all receipts, bills
of lading, and other papers, documents, and vouchers, showing title
to such property or the right to the possession, control, or direction
thereof, and such order, indorsement, or writing as the party has
power to make, to enable such Agent to take possession of such
property or the proceeds thereof.
And he will give to the officer, private, or person from whom any
property is so received, a receipt in the form following:
35
*'Keceived of •
estimated at $
captured by the forces of the Uaited States, and claimed to be the property of .
which property 1 have received as Special Agent of the Treasury Department, appointed in
pursuance of certain acts of Congress, approved July 13. 1861. May 20, 1862, and March 12,
1863. The said property to be transported and disposed of under the regulations of the
Secretary of the Treasury prescribed in pursuance of the authority conferred on him by
said acts."
And a record of the property so collected and received shall be
made, and copies transmitted, and the property disposed of, as
directed in Regulation V.
IX. When any part of the goods or property received or collected
by any Supervising or Assistant Special Agent is de-
Property requir- manded for public use, and a requisition therefor is
S'^ppSe^l^'and presented, signed by the General commanding De-
delivered over. partment, or by some other officer authorized by
such Commander of Department, the Special Agent
having such property in charge shall select three competent and
disinterested persons, to be approved by such officer, who shall
make oath for the faithful discharge of their duties, and who shall
appraise said goods or property, and make a certificate thereof in
the following form:
" The undersigned having been appointed by Supervising
or Assistant Special Agent, to appraise certain property alleged to have been collected or
received as abandone 1 or captured by Supervising
Special Agent or Assistant Special Agent of the Treasury Department, having each of us
made oath for the faithful discharge of our duty as such appraisers, do certify that we
have carefully examined and appraised the following described property, to wit:
and that said property is worth
^Appraisers."
"Which certificate shall be certified by the Special Agent and by
the officer receiving said property; and the goods or property so ap-
praised shall be delivered over to the officer appointed to receive it ;
and the Special Agent shall in all such cases require from the offi-
cer or agent receiving said goods or property a receipt in the follow-
ing form:
" Received of
alleged to have
been collected or received by him as abandoned or captured, and which has been this day
appraised by
appraisers appointed with my approval, to be worth . . . dollars, which property has
been delivered to me by said Age it to be appropriated to the public use, as provided in the
second section of the Act of Congress, approved March 12, 1863, entitled 'An act to provide
for the collection of abandone i property, and the prevention of frauds in insurrectionary
districts within the United States.' "
36
And he sliall keep a redbrd of all expenses incurred on acconnt of
said property ; and if he be an Assistant Special Agent, he shall
promptly transmit a full report of such appraisal proceedings and
copies of all papers in the case, as prescribed and directed in Regu-
lation Y.
X. In all cases uhere property of a perishable nature, whether
captured or abandoned, shall be collected or received
Disposition of by the proper Agents of this Department, and its imme-
penshabie pro^ diate sale is required by the interest of all concerned,
"aT '^cannot be such Agent shall, where practicable, forward it without
transported. delay to the nearest place designated by the Secretary
or by Regulation as a place of sale within a loyal State,
consigned to the proper officer of this Department, who shall forth-
with cause it to be sold at auction to the highest bidder; all such ship-
ments to be accompanied by a statement as required by Regulation V.
If, from the character of the property, it shall be impracticable so
to transport it, the Agent shall cause the same to be appraised by
three disinterested persons, and to be sold at public auction, and
promptly transmit a full report, as prescribed by Regulation V,
together Avitli the certificate of appraisal, taken in triplicate, and the
account of sales, and hold the proceeds subject to the direction of the
Supervising Special Agent for that Agency.
XI. In case of furniture, family pictures, equipage, clothing, or
household effects, abandoned or captured, and col-
andTmi/^'effectT ^^^^^^ «^ received by Special Agents, they will
cause the prescribed record thereof to be made and
transmitted, and will store such property on the premises where
found, whenever it can be done with safety; otherwise they will
cause it to be securely stored and properly marked and numbered,
and report the facts to the Supervising Special Agent, and await fur-
ther directions. If left on the premises they will take a receipt
therefor from the Agent, or person in possession, and transmit the
same with the record. When such property cannot be safely left on
the premises or stored with safety and due regard to economy, the
Special Agent in charge shall cause the same to be appraised, disposed
of, and reported, as provided in Regulation X, as to untransportable
propert3\ In case such property is in use at hospitals, or for any
militar}^ purpose, they will cause such property to be appraised and
treated as property required for public use, as directed in Regula-
tion IX.
XII. When property is liable to be lost or destroyed in conse-
. . quence of its location being unknown to the Special
Specia^^^ZJentl Agents, or from other causes, and parties propose, for
may contract for compensation, to collect and deliver it into the hands
collecting and Qf such agents at points designated by them, Super-
erty ^1^^ other rising Special Agents may contract, on behalf of the
parties. United States, for the collection and delivery to them
of such property in their respective agencies, on the
best possible terms, not exceeding twenty-five per cent, of the pro-
37
ceeds of the property, which percentage must be full compensation
for all expenses, of whatever character, incurred in collecting, pre-
paring, and delivering such property at the points designated. Prior
to any such contract being made, the party proposing must submit in
writing a statement of the kind and amount of property proposed to
be collected, the locality whence to be obtained, and all the facts and
circumstances connected with it, particularly as to its ownership.
And any contract made in pursuance of this regulation must be in
writing, and restricted to the collection and delivery of particular lots
at named localities: or, when circumstances clearly justify it, to the
general collection and delivery of all abandoned property in limited
districts not greater in any case than one parish or county, and not
more than one district to be assigned to one contractor.
Before payment to any contractor under any contract made in pur-
suance of this regulation, he shall execute a bond, with
given by con- penalty equal to the amount stipulated to be paid to
tractor indemiii- him, and with sureties satisfactory to the Supervising
fying the gov- Special Agent, indemnifying the United States against
ernmen . ^^i claims to the property delivered on account of dam-
ages by trespass, or otherwise occasioned by the act or connivance of
the contractor, and against all claims that may arise on account of
expenses incurred in the collection, preparation, and transportation
of said property to the points designated in said contract.
Should a case arise in the opinion of the Supervising Special Agent
justifying the payment of a larger percentage than one
centage sSms^to quarter of the proceeds of the property, he will make
be proper, agent a statement of the facts and circumstances and the
to refer the case reasons in his opinion justifying such additional allow-
to the Secretary. ^^^^^ ^^^ ^^^^^, ^^^^ ^^^^ ^^ ^^^ Secretary for instructions.
And for the purpose of getting possession of and transporting to
Local Special market as much of the captured and abandoned property
Agents . and as possible within the lines of the military forces of
Agency Aids to ^^q United States, Supervising Special Agents or
be appointed. ^ggistant Special Agents under their direction, will
appoint and employ in their respective Agencies, at such per diem
compensation as may be judged proper, subject to approval of the
Secretary of the Treasury, such Local Special Agents and Agency
Aids as may be necessary therefor, instructing them fully as to the
execution of the duties respectively assigned to them.
XIII. No property collected or received as captured or abandoned
under the act of March 12, 1863, shall be released by
Agents not to ^^^^ Agent except by special authority from the Sec-
orp?rmTus\e- retary of the Treasury to any persons claiming own-
movai, or grant ership of sucli property ; nor shall any permit be given
personal favors, ^^ ^^^^ Agents to individuals to remove such property;
tL'nTauaior- nor shall any liability be incurred or assumed, or con-
ized by regula- tract be made on the part the United States by such
*io"s. Agents, except as authorized by these Regulations.
No personal favor shall in any case be extended to one
individual or party rather than another.
38
Xiy. Supervising Special Agents will pay or cause to be paid, out
of the general fund arising from the sale of all property
NecHssary ex- (.Q]}gctg(j ^nd received in their respective Agencies, all
pensestobepaid. ^^ • i-ni- ••
expenses necessarily incurred m collecting, receiving,
securing, and disposing of the same, including fees, taxes, freights,
storage, charges, labor, and other necessary expenses, being careful
to avoid all useless or indiscreet expenditures ; and will charge each
particular lot or parcel with the specific or proportionate amount of
all such expenses as can be made specific or proportionate charges to
each lot or parcel; and will also charge and retain out of the proceeds
of each lot or parcel one and one half per centum thereof for the pay-
ment of such expenses connected with the collection, transportation,
and sale, or other disposition thereof, as cannot be made specific or
proportionate charges against each lot or parcel, or are not otherwise
provided for, such as rents, compensation to clerks, or other em-
ployes, auctioneers, printing, and advertising, a carefully stated
account of which will be kept by such Agents, showing in detail all ex-
penses paid out of this fund arising from such charge; and unless un-
avoidably prevented, they will take vouchers for all expenditures made
under this Regulation, and transmit the same with their accounts.
Of the balance, if any, of said one and one half per cent, remaining
after defraying said expenses the several Supervising Special Agents
may retain as compensation for extra care and responsibility a sum
not exceeding one half of one per cent. ; and with the remainder,
if any, may reward extra services in collection and care of property,
rendered by Agents and others.
XV. All property collected and received, other than such as is
described in Regulations X and XI, and such as may
Property to be ^e appropriated to public use, shall be transported to
loyal stetfs and ^"^h places in the loyal States as shall be designated
Bold at auction, by the Secretary of the Treasury, as places of sale,
consigned to the Supervising Special Agent of the
Agency in which it is collected or received, or to such other person
as shall be specially authorized by the Secretary to receive the same,
and shall there be sold by such Supervising Special Agent, or other
person, at public auction to the highest bidder, for United States notes,
pursuant to notice previously published of the time and place of sale.
XVI. Each Supervising Special Agent or other person, as aforesaid,
shall make a full record of each lot or parcel of property
Supervising co^^ijr,g to his possession, in the manner prescribed by
Special Agents » ^ , ,i i ii i
tomakereport. Regulation V, and report the same, and all sales or
other disposition thereof, made by him, rendering a
monthly account current of all his transactions to the Secretary, ac-
companying the same with receipts or other vouchers for all moneys
paid out by him. All balances remaining in his hands shall be depos-
ited in the Treasury from time to time, as directed by the Secretary.
PROCLAMATIONS OF THE PRESIDENT.
AUGUST 16, 1861.
By the President of the United States of America.
A PROCLAMATION.
Whereas, on the fifteenth day of April, eighteen hundred and sixty-
one, the President of the United States, in view of an insurrection
against the Laws, Constitution, and Government of the United States,
which had broken out within the States of South Carolina, Georgia,
Alabama, Florida, Mississippi, Louisiana, and Texas, and in pursuance
of the provisions of the act entitled "An act to provide for calling
forth the militia to execute the laws of the Union, suppress insur-
rections, and repel invasions, and to repeal the act now in force for
that purpose," approved February twenty-eight, seventeen hundred
and ninety -five, did call forth the militia to suppress said insurrection,
and to cause the laws of the Union to be duly executed, and the in-
surgents have failed to disperse by the timt; directed by the President ;
and whereas such insurrection has since broken out, and yet exists,
within the States of Virginia, North Carolina, Tennessee, and Arkansas;
and whereas the insurgents in all the said States claim to act under
the authority thereof, and such claim is not disclaimed or repudiated
by the persons exercising the functions of government in such State
or States, or in the part or parts thereof in which such combinations
exist, nor has such insurrection been suppressed by said States :
• >.ow, therefore, I, Abraham Lincoln, President of the United
States, in pursuance of an act of Congress approved July thirteen,
eighteen hundred and sixty-one, do hereby declare that the inhabit-
ants of the said States of Georgia, South Carolina, Virginia, North
Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Missis-
sippi, and Florida, (except the inhabitants of that part of the State
of Virginia lying west of the Alleghany mountains, and of such other
parts of that State and the other States hereinbefore named as may
maintain a loyal adhesion to the Union and the Constitution, or may
be, from time to time, occupied and controlled by forces of the United
States engaged in the dispersion of said insurgents,) are in a state of
insurrection against the United States, and that all commercial in-
tercourse between the same and the inhabitants thereof, with the
exceptions aforesaid, and the citizens of other States and other parts
of the United States is unlawful, and will remain unlawful until such
insurrection shall cease or has been suppressed ; that all goods and
chattels, wares and merchandise, coming from any of said States,
with the exceptions aforesaid, into other parts of the United States,
without the special license and permission of the President, through
40
the Secretary of the Treasury, or proceeding to any of said States,
with the exceptions aforesaid, by land or water, together with the
vessel or vehicle conveying the sanae, or conveying persons to or
from said States, with said exceptions, will be forfeited to the United
States ; and that, from and after fifteen days from the issuing of this
Proclamation, all ships and vessels belonging in whole or in part to
any citizen or inhabitant of any of said States, with said exceptions,
found at sea, or in any port of the United States, will be forfeited to
the United States ; and I hereby enjoin upon all district attorneys,
marshals, and officers of the revenue and of the military and naval
forces of the United States to be vigilant in the execution of said
act, and in the enforcement of the penalties and forfeitures imposed
or declared by it ; leaving any party who may think himself aggrieved
thereb}^ to his application to the Secretary of the Treasury for the
remission of any penalty or forfeiture, which the said Secretary is
authorized by law to grant if, in his judgment, the special circum-
stances of any case shall require such remission.
In witness whereof I have hereunto set my hand, and caused the
seal of the United States to be affixed.
Done at the City of Washington, this sixteenth day of August, in
J- -> the year of our Lord eighteen hundred and sixty-one, and of
'- ' *-^ the Independence of the United States of America the eighty-
sixth.
ABRAHAM LINCOLN.
By the President :
William H. Seward, Secretary of State.
JULY 1, 1862.
Bij tlie President of the United States.
A PROCLAMATION.
Whereas, in and by the second section of an act of Congress passed
on the 7th day of June, A. D. 1862, entitled "An act for the collec-
tion of direct taxes in insurrectionary districts within the United
States, and for other purposes," it is made the duty of the President
to declare, on or before the first day of July then next following, by
his proclamation, in what State and parts of States insurrection exists:
Now, therefore, be it known that I, Abraham Lincoln, President
of the United States of America, do hereby declare and proclaim
that the States of South Carolina, Florida, Georgia, Alabama, Louis-
iana, Texas, Mississippi, Arkansas, Tennessee, North Carolina, and
the State of Virginia, except the following counties: Hancock, Brooke,
Ohio, Marshall, Wetzel, Marion, Monongalia, Preston, Taylor, Pleas-
ants, Tyler, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt,
Roane, Calhoun, Gilmore, Barbour, Tucker, Lewis, Braxton, Upshur,
Randolph, Mason. Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne,
Boone, Logan, Wyoming, Webster, Fayette, and Raleigh, are now
in insurrection and rebellion, and by reason thereof the civil author-
ity of the United States is obstructed so that the provisions of the
41
' ' Act to provide increased reveime from imports, to pay the interest on
the public debt, and for other purposes," approved August fifth,
eighteen hundred and sixty-one, cannot be peaceably executed, and that
the taxes legally chargeable upon real estate under the act last afore-
said, lying within the States and parts of States as aforesaid, together
with a penalty of fifty per centum of said taxes, shall be a lien upon
the tracts or lots of the same, severally charged, till paid.
In witness whereof I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the city of Washington, this first day of July, in the
i- -, year of our Lord one thousand eight hundred and sixty-two,
*- * *-' and of the independence of the United States of America
the eighty-sixth.
ABRAHAM LINCOLN.
By the President:
F. W. Seward, Acting Secretary of State.
MAECH 31, 1863.
By the President of the United States of America.
A PEOCLAMATION.
Whereas, in pursuance of the act of Congress approved July 13,
1861, I did, by proclamation, dated August 16, 1861, declare that
the inhabitants of the States of Georgia, South Carolina, Virginia,
North Carolina, Tennessee, Alabama, Louisiana, Texas, Arkansas,
Mississippi, and Florida (except the inhabitants of that part of Vir-
ginia lying west of the Alleghany mountains, and of such other parts
of that State, and the other States hereinbefore named as might
maintain a loyal adhesion to the Union and the Constitution, or might
be from time to time occupied and controlled by forces of the United
States engaged in the dispersion of said insurgents) were in a state
of insurrection against the United States, and that all commercial
intercourse between the same and the inhabitants thereof, with the
exceptions aforesaid, and the citizens of other States and other parts
of the United States, was unlawful, and would remain unlawful until
such insurrection should cease or be suppressed, and that all goods
and chattels, wares, and merchandise coming from any of said States,
with the exceptions aforesaid, into other parts of the United States,
without the license and permission of the President, through the
Secretary of the Treasury, or proceeding to any of said States, with
the exceptions aforesaid, by land or water, together with the vessel
or vehicle conveying the same to or from said States, with the ex-
ceptions aforesaid, would be forfeited to the United States.
And whereas experience has shown that the exceptions made in
and by said proclamation embarrass the due enforcement of said act
of July 13, 1861, and the proper regulation of the commercial inter-
course authorized by said act with the loyal citizens of said States :
42
Now, therefore,!, Abraham Lincoln, President of the United States,
do hereby revoke the said exceptions, and declare that the inhabitants
of the States of Georgia, South Carolina, North Carolina, Tennes-
see, Alabama, Louisiana, Texas, Arkansas, Mississippi, Florida, and
Virginia (except the forty-eight counties of Virginia designated as
West Virginia, and except, also, the ports of New Orleans, Key
West, Port Royal, and Beaufort, in North Carolina) are in a state of
insurrection against the United States, and that all commercial in-
tercourse, not licensed and conducted as provided in said act, be-
tween the said States and the inhabitants thereof, with the excep-
tions aforesaid, and the citizens of other States and other parts of the
United States, is unlawful, and will remain unlawful until such insur-
rection shall cease or has been suppressed, and notice thereof has
been duly given by proclamation ; and all cotton, tobacco, and other
products, and all other goods and chattels, wares, and merchandise
coming from any of said States, with the exceptions aforesaid, into
other parts of the United States, or proceeding to any of said States,
with the exceptions aforesaid, without the license and permisison of
the President, through the Secretary of the Treasury, will, together
with the vessel or vehicle conveying the same, be forfeited to the
United States.
In witness whereof I have hereunto set my hand and caused the
l- -| seal of the United States to be affixed. Done at the city of
L * '-^ Washington, this thirty-first day of March, A. D. 1863, and
of the independence of the United States of America the eighty-
seventh.
ABRAHAM LINCOLN.
By the President :
William H. Seward,
Secretary of State.
LICEx\SE OF TEADE BY THE PRESIDENT.
"Washington, Executive Mansion,
March 31, 1863.
Whereas, by the act of Congress approved July 13, 1861, eDtitled
"An act to provide for the collection of duties on imports, and for
other purposes," all commercial intercourse between the inhabitants
of such States as should by proclamation be declared in insurrection
against the United States and the citizens of the rest of the United
States was prohibited so long as such condition of hostility should
continue, except as the same shall be licensed and permitted by the
President to be conducted and carried on only in pursuance of rules
and regulations prescribed by the Secretary of the Treasury ; and
whereas it appears that a partial restoration of such intercourse be-
tween the inhabitants of sundry places and sections heretofore de-
clared in insurrection in pursuance of said act and the citizens of the
rest of the United States will favorably affect the public interests :
Now, therefore, I, Abraham Lincoln, President of the United
States, exercising the authority and discretion confided to me by the
said act of Congress, do hereby license and permit such commercial
intercourse between the citizens of loyal States and the inhabitants
of such insurrectionary States in the cases and under the restrictions
described and expressed in the regulations prescribed by the Secre-
tary of the Treasury, bearing even date with these presents, or in
such other regulations as he may hereafter, with my approval, pre-
scriDG
ABRAHAM LINCOLN.
ACTS or COIGRESS
AN ACT
Further to provide for the collection of duties on imports, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the United
States of America in Congress assembled, That whenever it shall, in the
judgment of the President, by reason of unlawful combinations of per-
sons in opposition to the laws of the United States, become impracti-
cable to execute the revenue laws and collect the duties on imports
by ordinary means, in the ordinary Avay, at any port of entry in any
collection district, he is authorized to cause such duties to be col-
lected at any port of delivery in said district until such obstruction
shall cease ; and in such case the surveyors at said ports of delivery
shall be clothed with all the powers and be subject to all the obliga-
tions of collectors at ports of entry ; and the Secretary of the Treas-
ury, with the approbation of the President, shall appoint such number
of weighers, gaugers, measurers, inspectors, appraisers, and clerks,
as may be necessary, in his judgment, for the faithful execution of
the revenue laws at said ports of delivery, and shall fix and establish
the limits within which such ports of delivery are constituted ports
of entry, as aforesaid ; and all the provisions of law regulating the
issue of marine papers, the coasting trade, the warehousing of im-
ports, and collection of duties, shall apply to the ports of entry so
constituted in the same manner as they do to ports of entry estab-
lished by the laws now in force.
Sec. 2. And he it further enacted, That if, from the cause mentioned
in the foregoing section, in the judgment of the President, the reve-
nue from duties on imports cannot be effectually collected at any port
of entry in any collection district, in the ordinary way and by the
ordinary means, or by the course provided in the foregoing~section,
then and in that case he may direct that the custom-house for the
district be established in any secure place within said district, either
on land or on board any vessel in said district or at sea near the
coast ; and in such case the collector shall reside at such place, or on
shipboard, as the case may be, and there detain all vessels and car-
goes arriving within or approaching said district, until the duties
imposed by law on said vessels and their cargoes are paid in cash :
Provided, That if the owner or consignee of the cargo on board any
vessel detained as aforesaid, or the master of said vessel, shall desire
to enter a port of entry in any other district of the United States
where no such obstructions to the execution of the laws exist, the
45
master of such vessel may be permitted so to change the destination
of the vessel and cargo in his manifest, whereupon the collector shall
deliver him a written permit to proceed to the port so designated :
And provided, further, That the Secretary of the Treasury shall, with
tlie approbation of the President, make proper regulations for the
enforcement on shipboard of such provisions of the laws regulating
the assessment and collection of duties as in his judgment may be
necessary and practicable.
Sec. 3. And he it further enacted, That it shall be unlawful to take
any vessel or cargo detained as aforesaid from the custody of the
proper officers of the customs unless by process of some court of the
United States ; and in case of any attempt otherwise to take such
vessel or cargo by any force, or combination, or assemblage of per-
sons, too great to be overcome by the officers of the customs, it shall
and may be lawful for the President, or such person or persons
as he shall have empowered for that purpose, to employ such part of
the army or navy or militia of the United States, or such force of
citizen volunteers as may be deemed necessary, for the purpose of
preventing the removal of such vessel or cargo, and protecting the
officers of the customs in retaining the custody thereof.
Sec. 4. And he it further enacted, That if, in the judgment of the
President, from the cause mentioned in the first section of this act,
the duties upon imports in any collection district cannot be effectually
collected by the ordinary means and in the ordinary way, or in the
mode and manner provided in the foregoing section of this act, then
and in that case the President is hereby empowered to close the port
or ports of entry in said district, and in such case give notice thereof
by proclamation ; and thereupon all right of importation, warehous-
ing, and other privileges incident to ports of entry, shall cease and
be discontinued at such port so closed, until opened by the order of
the President on the cessation of such obstructions ; and if, while
said ports are so closed, any ship or vessel from beyond the United
States, or having on board any articles subject to duties, shall enter
or attempt to enter any such port, the same, together with its tackle,
apparel, furniture, and cargo, shall be forfeited to the United States.
Sec. 5. And he it further enacted, That whenever the President, in
pursuance of the provisions of the second section of the act entitled
"A.n act to provide for calling forth the militia to execute the laws
of the Union, suppress insurrections, and repel invasions, and to re-
peal the act now in force for that purpose," approved February twenty-
eight, seventeen hundred and ninety-five, shall have called forth tlie
militia to suppress combinations against the laws of the United States,
and to cause the laws to be duly executed, and the insurgents shall
have failed to disperse by the time directed by the President, and
when said insurgents claim to act under the authority of any State
or States, and such claim is not disclaimed or repudiated by the per-
sons exercising the functions of government in such State or States,
or in the part or parts thereof in which said combination exists, nor
such insurrection suppressed by said State or States, then and in
such case it may and shall be lawful for the President, by proclama-
4G
tion, to declare that the inhabitants of such State, or any section or
part thereof, where such insurrection exists, are in a state of insur-
rection against the United States ; and thereupon all commercial
intercourse by and between the same and the citizens thereof and
the citizens of the rest of the United States shall cease and be un-
lawful so long as such condition of hostility shall continue ; and all
goods and chattels, wares and merchandise, coming from said State
or section into the other parts of the United States, and all proceeding
to such State or section by land or water, shall, together with the
vessel or vehicle conveying the same, or conveying persons to or from
such State or section, be forfeited to the United States : Provided,
hoivever, That the President may, in his discretion, license and permit
commercial intercourse with any such part of said State or section,
the inhabitants of which are so declared in a state of insurrection,
in such articles, and for such time, and by such persons, as he, in
his discretion, may think most conducive to the public interest ; and
such intercourse, so far as by him licensed, shall be conducted and
carried on only in pursuance of rules and regulations prescribed by
the Secretary of the Treasury. And the Secretary of the Treasury
may appoint such officers, at places where officers of the customs are
not now authorized by law, as may be needed to carry into effect such
licenses, rules, and regulations ; and officers of the customs and other
officers shall receive for services under this section, and under said
rules and regulations, such fees and compensation as are now allowed
for similar service under other provisions of law.
Sec. G. And be it further' enacted, That from and after fifteen daj^s
after the issuing of the said proclamation, as provided in the last
foregoing section of this act, any ship or vessel belonging in whole
or in part to any citizen or inhabitant of said State or part of a State
whose inhabitants are so declared in a state of insurrection, found
at sea, or in any port of the rest of the United States, shall be for-
feited to the United States.
Sec. 7. And be it further enacted. That, in the execution of the
provisions of this act, and of the other laws of the United States
providing for the collection of duties on imports and tonnage, it may
and shall be lawful for the President, in addition to the revenue cut-
ters in service, to employ in aid thereof such other suitable vessels
as may, in his judgment, be required.
Sec. 8. And be it further enacted. That the forfeitures and penalties
incurred by virtue of this act may be mitigated or remitted, in pur-
suance of the authority vested in the Secretary of the Treasury by
the act entitled "An act providing for mitigating or remitting the
forfeitures, penalties, and disabilities accruing in certain cases therein
mentioned," approved March third, seventeen hundred and ninety-
seven, or in cases where special circumstances may seem to require
it, according to regulations to be prescribed by the Secretary of the
Treasury.
Sec. 9. And be it further enacted. That proceedings on seizures for
forfeitures under this act may be pursued in the courts of the United
States in any district into which the property so seized may be taken
47
and proceedings instituted ; and such courts shall have and entertain
as full jurisdiction over the same as if the seizure was made in that
district.
Approved July 13, 1861.
AN ACT
Supplementary to an act appi-oved on the thirteenth July, eighteen hundred and sixty-
one, entitled "An act to provide for the collectioa of duties on imports, and for other
purposes."
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the
Treasury, in addition to the powers conferred upon him by the act
of the thirteenth July, eighteen hundred and sixty-one, be, and he
is hereby, authorized to refuse a clearance to any vessel or other
vehicle laden with goods, wares, or merchandise, destined for a
foreign or domestic port, whenever he shall have satisfactory reason
to believe that such goods, wares, or merchandise, or any part thereof,
whatever may be their ostensible destination, are intended for ports
or places in possession or under control of insurgents against the
United States ; and if any vessel or other vehicle for which a clearance
or permit shall have been refused by the Secretary of the Treasury,
or by his order, as aforesaid, shall depart or attempt to depart for a
foreign or domestic port without being duly cleared or permitted,
such vessel or other vehicle, with her tackle, apparel, furniture, and
cargo, shall be forfeited to the United States.
Sec. 2. And be it further enacted, That whenever a permit or
clearance is granted for either a foreign or domestic port, it shall be
lawful for the collector of the customs granting the same, if he shall
deem it necessary, under the circumstances of the case, to require
a bond to be executed by the master or the owner of the vessel, in
a penalty equal to the value of the cargo, and with sureties to the
satisfaction of such collector, that the said cargo shall be delivered
at the destination for which it is cleared or permitted, and that no
part thereof shall be used in affording aid or comfort to any person or
parties in insurrection against the authority of the United States.
Sec. 3. And be it further enacted, That the Secretary of the
Treasury be, and he is hereby, further empowered to prohibit and
prevent the transportation in any vessel or upon any railroad, turnpike,
or other road or means of transportation within the United States,
of any goods, wares, or merchandise, of whatever character, and
whatevtr may be the ostensible destination of the same, in all cases
where there shall be satisfactory reasons to believe that such goods,
wares, or merchandise are intended for any place in the possession or
under the control of insurgents against the United States ; or that
there is imminent danger that such goods, wares, or merchandise will
fall into the possession or under the control of such insurgents ; and
he is further authorized, in all cases where he shall deem it expedient
48
so to do, to require reasonable security to be given that goods, wares,
or merchandise shall not be transported to any place under insur-
rectionary control, and shall not, in any way, be used to give aid or
comfort to such insurgents ; and he may establish all such general or
special regulations as may be necessary or proper to carry into effect
the purposes of this act ; and if any goods, wares, or merchandise
shall be transported in violation of this act, or of any regulation of
the Secretary of the Tresury, established in pursuance thereof, or if
any attempt shall be made so to transport them, all goods, wares, or
merchandise so transported or attempted to be transported shall be
forfeited to the United States.
Sec. 4. And he it further enacted, That the proceedings for the
penalties and forfeitures accruing under this act may be pursued, and
the same may be mitigated or remitted by the Secretary of the Treas-
ury in the modes prescribed by the eighth and ninth sections of the
act of July thirteenth, eighteen hundred and sixty-one, to which this
act is supplementary.
Sec. 5. And be it further enacted, That the proceeds of all penal-
ties and forfeitures incurred under this act, or the act to which this
is supplementary, shall be distributed in the manner provided by the
ninety-first section of the act of March second, seventeen hundred
and ninety-nine, entitled "An act to regulate the collection of duties
on imports and tonnage."
Approved May 20, 18G2.
AX ACT
To provide for the collection of abanrloned property and for the prevention of frauds in
insurrectionary districts within the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That it shall be lawful for the
Secretary of the Treasury, from and after the passage of this act, as
he shall from time to time see fit, to appoint a special agent or agents
to receive and collect all abandoned or captured property in any State
or Territory, or any portion of any State or Territory of the United
States, designated as in insurrection against the lawful government of
the United States by the proclamation of the President of July first,
eighteen hundred and sixty-two : Provided, That such property shall
not include any kind or description which has been used, or which
was intended to be used, for waging or carrying on war against the
United States, such as arms, ordnance, ships, steamboats, or other
water craft, and the furniture, forage, military supplies, or muni-
tions of war.
Sec. 2. And be it further enacted, That any part of the goods or
property received or collected by such agent or agents may be appro-
priated to public use on due appraisement and certificate thereof, or
forwarded to any place of sale within the loyal States, as the public
49
interests may require ; and all sales of such property shall be at auc-
tion to the highest bidder, and the proceeds thereof shall be paid into
the treasury of the United States.
Sec. 3. And be it further enacted, That the Secretary of the treas-
ury may require the special agents appointed under this act to give a
bond with such securities and in such amount as he shall deem neces-
sary, and to require the increase of said amounts, and the strenghen-
ing of said security, as circumstances may demand ; and he shall also
cause a book or books of account to be kept, showing from whom such
property was received, the cost of transportation, and proceeds of the
sale thereof. And any person claiming to have been the owner of
any such abandoned or captured property may, at any time within
two years after the suppression of the rebellion, prefer his claim to
the proceeds thereof in the Court of Claims ; and on proof to the
satisfaction of said court of his ownership of said property, of his
right to the proceeds thereof, and that he has never given any aid or
comfort to the present rebellion, to receive the residue of such pro-
ceeds, after the deduction of any purchase money which may have
been paid, together with the expense of transportation and sale of
said property, and any other lawful expenses attending the disposi-
tion thereof.
Sec. 4. Ajid be it further enacted, That all property coming into
any of the United States not declared in insurrection as aforesaid,
from within any of the States declared in insurrection, through or by
any other person than any agent duly appointed under the provisions
of this act, or under a lawful clearance by the proper officer of the
Treasury Department, shall be confiscated to the use of the govern-
ment of the United States. And the proceedings for the condemna-
tion and sale of any such property shall be instituted and conducted
under the direction of the Secretary of the Treasury, in the mode pre-
scribed by the eighty-ninth and ninetieth sections of the act of March
second, seventeen hundred and ninety-nine, entitled "An act to reg-
ulate the collection of duties on imports and tonnage." And any
agent or agents, person or persons, by or through whom such prop-
erty shall come within the lines of the United States unlawfully, as
aforesaid, shall be judged guilty of a misdemeanor, and on conviction
thereof shall be fined in any sum not exceeding one thousand dollars,
or imprisonment for any time not exceeding one year, or both, at the
discretion of the court. And the fines, penalties, and forfeitures ac-
cruing under this act may be mitigated or remitted in the mode pre-
scribed by the act of March three, seventeen hundred and ninety-
seven, or in such manner, in special cases, as the Secretary of the
Treasury may prescribe.
Sec. 5. And be it further enacted, That the fifth section of the "Act
to further provide for the collection of the revenue upon the northern,
northeastern, and northwestern frontier, and for other purposes,"
approved July fourteen, eighteen hundred and sixty-two, shall be so
construed as to allow the temporary officers which had been or may
be appointed at ports which have been or may be opened or established
in States declared to be in insurrection by the proclamation of the
4c
50
President on the first of July, eighteen hundred and sixty-two, the
same compensation which by law is allowed to permanent officers of
the same position, or the ordinary compensation of special agents, as
the Secretary of the Treasury may determine.
Sec. 6. And he it further enacted, That it shall be the duty of every
officer or private of the regular or volunteer forces of the United
States, or any officer, sailor, or marine in the naval service of the
United States upon the inland waters of the United States, who may
take or receive any such abandoned property, or cotton, sugar, rice,
or tobacco, from persons in such insurrectionary districts, or have it
under his control, to turn the same over to an agent appointed as
aforesaid, who shall give a receipt therefor ; and in case he shall re-
fuse or neglect so to do, he shall be tried by a court-martial and shall
• be dismissed from the service, or, if an officer, reduced to the ranks,
or sufTer such other punishment as said court shall order, with the
approval of the President of the United States.
Sec. 7. And he it further enacted, That none of the provisions of
this act shall apply to any lawful maritime prize by the naval forces
of the United States.
Approved March 12, 1863.
ORDER
OF THE
SECRETARY OE WAR
General Orders No. 88.]
War Department,
Washington, March 31. 1863.
For the purpose of more effectually preventing all commercial in-
tercourse with insurrectionary States, except such as shall be author-
ized in pursuance of law, and of securing consistent, uniform, and
efficient action in conducting such intercourse as shall be so author-
ized, and for the purpose of carrying out the provisions of -an act of
Congress entitled "An act to provide for the collection of abandoned,
property and for the prevention of frauds in insurrectionary States,"
approved March 12, 1863, it is hereby ordered —
I.
That no officer of the army of the United States, nor other person
connected therewith, shall authorize or have any interest in the trans-
portation of any goods, wares, or merchandise (except supplies be-
longing to or contracted for by the United States, designed for the
military or naval forces thereof, and moving under military or naval
orders, and except, also, sutlers' supplies and other things necessary
for the use and comfort of the troops of the United States, and
moving under permits of the authorized officers of the Treasury De-
partment) into any State declared by the President to be in insur-
rection ; nor authorize nor have any interest in the purchase or sale
therein of any goods or chattels wares or merchandise, cotton, to-
bacco, or other product of the soil thereof ; nor the transportation of
the same, except as aforesaid, therefrom or therein ; nor shall any
such officer or person authorize, prohibit, or in any manner interfere
with any such purchase or sale or transportation, which shall be con-
ducted under the regulations of the Secretary of the Treasury, un-
less under some imperative military necessity, in the place or section
where the same shall be conducted, or unless requested by an agent
or some other authorized officer of the Treasury Department, in
wliich case all commanders of military departments, districts, and
posts, will render such aid in carrying out the provisions of the said
act, and in enforcing due observance of the said regulations of the
Secretary of the Treasury, as can be given without manifest injury
to the public service.
52
II.
It is further ordered that every officer or private, or person em-
ployed in or with the regular or volunteer forces of the United
States, who may receive or have under his control any property
which shall have been abandoned by the owner or owners, or cap-
tured in any district declared to be in insurrection against the United
States, including all property seized under military orders, excepting
only such as shall be required for military use of the United States
forces, shall promptly turn over all such property to the agent ap-
pointed by the Secretary' of the Treasury to receis'e the same, who
shall give duplicate receipts therefor.
And every such officer or private, or person employed in or with
the regular or volunteer forces of the United States, shall also
promptly turn over to such agent, in like manner, all receipts, bills
of lading, and other papers, documents, and vouchers showing title
to such property, or the right to the possession, control, or direction
thereof: and he shall make such order, indorsement, or writing as
he has power to make, to enable - such agent to take possession of
such property or the proceeds thereof. Arms, munitions of w^ar,
forage, horses, mules, wagons, beef cattle, and supplies which are
necessary in military operations, shall be turned over to the proper
officers of the ordnance, or of the quartermaster, or of the commis-
sary departments, respectively, for the use of the army. All other
property abandoned or captured or seized, as aforesaid, shall be de-
livered to the agent appointed by the Secretary of the Treasury.
The officer receiving or turning over such property shall give the
usual and necessary invoices, receipts, or vouchers therefor, and shall
make regular returns thereof, as prescribed by the army regulations.
The receipts of the agents of the Treasury Department shall be
vouchers for all property delivered to them, and whenever called
upon by the agent of the Treasury Department authorized to receive
such abandoned or captured or seized property, as aforesaid, or the
proceeds thereof, all persons employed in the military service will
give him fiill information in regard thereto; and if requested by him
so to do, they shall give him duplicates or copies of the reports and
returns thereof, and of the receipts, invoices, and vouchers therefor.
And every officer of the army of the United States, hereafter re-
ceiving abandoned or captured or seized property, or the proceeds
thereof, or under w^hose order it may be applied to the use of the
military fprces, as aforesaid, shall, upon request of a duly authorized
agent of the Treasury Department, render a written report, with in-
voices thereof, to said agent, in which he will specify the arms, sup-
plies, or other munitions of war, retahied for the use of the military
forces, as aforesaid, and also, separately, the property turned over
to said agent, or which may have been sold or otherwise disposed of.
And in case a sale of any such propery shall be made under his
authority, or under the authority of any one subject to his order, he
will so state, and will describe the property so sold, and will state
53
when and where and by and to whom sold, and the amount received
therefor, and what disposition was made of the proceeds.
And all officers of the army of the United States will at all times
render to the agents appointed by the Secretary of the Treasury all
such aid as Diay be necessary to enable them to take possession of and
transport all such property, so far as can be done without manifest
injury to the public service.
III.
All commanders of military departments, districts, and posts, will,
'upon receipt of this order, revoke all existing orders within their re-
spective commands conflicting or inconsistent herewith, or which
permit or prohibit or in any manner interfere with any trade or trans-
portation conducted under the regulations of the Secretary of the
Treasury; andtheir attention is particularly directed to said regula-
tions, prescribed March 31, 1863, and they will respectively make
such orders as will insure strict observance of this order throughout
their respective commands.
All expenses of transporting property herein referred to will be
reported by the officers of the quartermaster's department, who fur-
nish such transportation, to the agents of the Treasury Department,
and also, through the ordinary channels, to the quartermaster general
at Washington, in order that the said expenses may be reimbursed
from the proceeds of sales of such transported property.
EDWIN M. STANTON,
Secretary of War.
War Department,
September 11, 1863.
The attention of all officers and soldiers of the Army of the United
States, whether volunteer or regular, is specially directed to the
Revised Regulations of the Secretary of the Treasury, approved by
the President, dated September 11, 1863, and superseding the
Regulations of March 31, 1863; and they Avill in all respects observe
General Order of this Department, numbered eighty-eight, and dated
March 31, 1863, in regard to said Revised Regulations, as if the same
had been originally framed and promulgated with reference to them.
EDWIN M. STANTON,
Secretary of War.
OEDEB,
SECRETARY OE THE NAVY.
Navy Department,
Washington, March 31, 1863.
For the purpose of more effectually preventing all commercial in-
tercourse with insurrectionary States, except such as shall be author-
ized in pursuance of law, and of securing consistent, uniform, and
efficient action in conducting such intercourse as shall be so authorized,
and for the purpose of carrying out the provisions of an act of Con-
gress entitled "An act to provide for the collection of abandoned
property and for the prevention of frauds in insurrectionary States,"
approved March 12, 18G3, it is hereby ordered —
That no officer of the navy of the United States, nor other person
connected therewith, shall authorize or have any interest in the
transportation of any goods, wares, or merchandise (except supplies
belonging to or contracted for by the United States, designed for
the military or naval forces thereof, and moving under military or
naval orders, and except also sutlers' supplies and other things neces-
sary for the use and comfort of the naval forces of the United States,
and moving under permits of the authorized officers of the Treasury
Department) into any State declared by the President to be in insur-
rection; nor authorize nor have any interest in the purchase or sale
therein of any goods or chattels, wares or merchandise, cotton, to-
bacco, or other products of the soil thereof; nor the transportation of
the same, except as aforesaid, therefrom or therein; nor shall any
such officer or person authorize, prohibit, or in any manner interfere
with any such purchase or sale or transportation which shall be con-
du.cted under the regulations of the Secretary of the Treasury, unless
under some imperative military necessity in the place or section where
the same shall be conducted, or unless requested by an agent or some
other authorized officer of the Treasury Department, in which case
all officers of the navy of the United States and other persons con-
nected therewith will render such aid in carrying out the provisions
of the said act and of the law, and in enforcing due observance of the
said regulations of the Secretary of the Treasury as can be given
without manifest injury to the public service.
55
II.
It is further ordered that every officer, sailor, or marine in the
naval service of the United States who shall receive or have under
his control any property which shall have been abandoned by the
owner or owners, or captured in any district declared to be in insur-
rection against the United States, including all property seized in any
such district, under naval orders, excepting only such as shall be re-
quired for the use of the naval forces of the United States, and as is
excluded by the act of March 12, 1863, shall promptly turn over all
such property to the agent appointed by the Secretary of the Treasury
to receive the same, who shall give receipts therefor, if desired.
And every such officer, sailor, or marine shall also turn over to
such agent in like manner all receipts, bills of lading, and other papers,
documents, and vouchers showing title to such property, or the right
to the possession, control, or direction thereof: and he shall make
such order, indorsement, or writing as he has power to make to en-
able such agent to take possession of such property, or the proceeds
thereof. Arms, munitions of war, forage, horses, mules, wagons,
beef cattle, and supplies which are necessary in naval operations,
shall be turned over to the proper officers for the use of the navy. All
other property abandoned, captured, or seized, as aforesaid, shall be
delivered to the said agent of the Treasury Department.
The officer receiving or turning over such property shall give the
usual and necessary invoices, receipts or vouchers therefor, and
shall make regular returns thereof as prescribed by the navy regula-
tions. The receipts of the agents of the Treasury Department shall
be vouchers for all property delivered to them. And whenever called
upon by the said agent of the Treasury Department authorized to
receive such abandoned, or captured, or seized property, as aforesaid,
or the proceeds thereof, all persons employed in the naval service of
the United States will give him full information in regard thereto,
and if requested by him so to do, they shall give him duplicates or
copies of the reports and returns thereof, and of the receipts, in-
voices, and vouchers therefor.
And every officer of the navy of the United States hereafter re-
ceiving abandoned, or captured, or seized property in any insurrec-
tionary State as aforesaid, or the proceeds thereof, or under whose
order it may be applied to the use of the naval forces as aforesaid,
shall, upon request of an agent appointed by the Secretary of the
Treasury as aforesaid, render a written report, with invoices thereof,
to said agent, in which he will specify the arms, supplies, or other
munitions of war retained for use of the naval forces, as aforesaid,
and also, separately, the property turned over to said agent, or
which may have been sold or otherwise disposed of. And in case a
sale of any such property shall be made under his authority, or under
the authority of any one subject to his order, he will so state, and will
describe the property so sold, and will state when and where, and by
and to whom sold, and the amount received therefor, and what dis-
position was made of the proceeds.
56
And all officers of the navy of the United States will, at all times,
render to the agents appointed by the Secretary of the Treasury all
such aid as may be necessary to enable them to take possession of
any abandoned, or captured, or seized property aforesaid, and in
transporting the same, so far as can be done without manifest injury
to the public service.
All expenses of transporting "property herein referred to will be
reported by the officers who furnish the transportation to the agent
of the Treasury Department, and also, through the proper channels,
to the Navy Department at Washington, in order that the expenses
may be reimbursed from the proceeds of sales of such transported
property.
III.
All naval officers in command of squadrons, vessels, or stations will,
upon receipt of this order, revoke all existing orders throughout their
respective commands conflicting or inconsistent herewith, or which
permit, or prohibit, or in any manner interfere with any trade or
transportation conducteS~tihder the regulations of the Secretary of
the Treasury not understood as applying to any lawful maritime prize
b}' the naval forces of the United States ; and their attention is par-
ticularly directed to said regulations, prescribed March 31, 1863, and
they will respectively make such orders as will insure strict observ-
ance of this order throu2:hout their respective commands.
GIDEON WELLES,
Secretary of the Navy.
%
Navy Department,
September 11, 1863.
The attention of all officers, sailors and marines of the Navy of
the United States, is especially directed to the Revised Regulations
of the Secretary of the Treasury, approved by the President, dated
September 11, 1863, and superseding the Regulation of March 31,
1863; and they will in all respects observe the order of this Depart-
ment, dated March 31, 1863, with regard to said Revised Regula-
tions, as if the same had been originally promulgated with reference
to them.
GIDEON WELLES,
Secretary of the Navy.
7/ J.O09. OB^ 01^ 3V
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