&M1 Duke University Libraries AX ACT TO IMPOSE REGULATIONS UPON THE FOREIGN COMMERCE OF THE CONFEDERATE STATES, TO PROVIDE FOR THE PUBLIC DEFENCE. Whereas the Confederate States are engaged in a war, upon the successful issue of which depend the integrity of their social system, the form of their civilization, the security of life and property within their limits as well as their existence as sovereign and independent spates : and whereas the condition of the contest demands that they should call into requisition whatever resources of men and money they have for the support of their cause, and to faithfully admin- ister the same : Therefore, as a part of the system of the public de- fence — The Congress of the Confederate States of America do enact, That the exportation of cotton, tobacco, military and naval stores, sugar, molasses and rice from the Confederate States, aud from all places in the occupation of their troops ,is prohibited, except under Such uniform regulations as shall be made by the President of the Confederate State-.. Skc. 2. That if aiiy person or persons shall put, place or load, on board any ship, steam boat or vessel, or any other water craft, or 'into any wagon, cart, carriage or other vehicle, for conveyance or transportation beyond the Confederate States, or into any portion of said states occupied by the enemy, any of the articles mentioned in the first section of this act, or shall collect the same for the pur--*, pose of being conveyed or transported, contrary to the prohibition aforesaid, within the Confederate States, or beyond them, the said articles, aud the ship, boat or other water craft, wagon, carriage or ether vehicle, with the slaves and animals that may be employed or cpjlected for the purpose of aiding therein, shall be forfeited, and all persons, their aiders and abettors, on conviction of being in- terested or concerned in the enterprise, shall be deemed to be guilty of a high misdemeanor, and punishablo by such fine or imprison- ment, or both, as the court may impose. Sec. 3. Thifc it shall not be lawful to put on board any ship, boat, vessel or other water craft, or upon any wagon, cart, carriage or other vehicle for transportation or conveyance as aforesaid, any of the articles aforesaid, unless a permit be previously obtained from some officer of the Confederate States specially authorized to grant the same, particularly describing the article? thus to be laden, and the ship, ' craft, wagon, carriage, cart or other is to be transported, and until bond Bhall be given that the same shall be conveyed and trans- ported to the place of destination, under such conditions and re- gulations, and for sue - hall be prescribed by the Presi- dent, under tli ion of this act. . 4. That the collectors of all the districts of the Confede- rate States, and such other officers as may be designated by the President of the Confederate States, shall have power and authority to take into their custody any of the articles before mentioned found on any ship, boat or other water craft, when there is reason to believe that they are intended lor exportation, or when in ves- sels, carts or wagons, or any 'other carriage or \ chicle whatsoever, or in any manner apparently on their way towards the territories of a foreign nation, or towards the territory of the Confederate States iu the occupation of the United States, or the vicinity thereof, or towards a place whence such articles arc intended to he exported, and not to permit the same to he removed until bond shall be given, with satisfactory sureties, that no violation of this act, and the re- gulations under the same, is intended. . 5. That the powers granted by this act to the revenue or other officers of the Confederate States, under this act, to allow or refuse exportation of the articles before mentioned, or for the seizure or retention of any of the said articles, shall be exercised in conformity with such instructions as the President may give, " through the Departments of War and of the Treasury ; which in- structions may impose conditions to the destination and sale of the same, and the investment of the proceeds of the same, or a portion thereof, in military or other supplies for the public service ; which instructions such officers shall be bound to obey ; and if any action or suit shall be brought against any such officer or officers, or their agents, he or they may plead the general issue; and upon proof, of a compliance with the provisions of this act, or of the regula- tions aud instructions of the President, he or they shall be ab- solved from all responsibility therefor : and any person aggrieved by any of the acts of any of the officers or agents aforesaid, may file his petition before the district court of the district in which such officer or agent resides ; "aud after due notice to him, and to the district attorney, the said court may proceed summarily to hear and determine thereupon as law and justice may require : and the judgment of the said court, and the reasons therefor, shall be filed 3 among the records of the court ; and in case any release shall be granted, the judge may impose such conditions, as to giving bond and security, as may in his opinion be necessary to secure this act from violation ; and in case of refusal, may impose double or treble costs upon the petitioner, if circumstances warrant it: provided, that nothing in this act shall be construed to prohibit the Confede- rate. States, or any*%f thorn, from exporting any of the articles herein* enumerated, on their own account. Sec. 6. That the exclusive jurisdiction is conferred upon the district courts of the Confederate States of all suits or actions that, may arise under this act in behalf of the Confederate States, its officers and agents for the recover}- of all tines, penalties and for- feitures imposed in the same, by indictment, information or action, according to the practice of the court ; and the distribution of the penalties and fines shall be made under and according to the laws now in force fir violation of the" revenue acts ; and all laws for the mitigation and remittance of penalties and forfeitures, shall be ap- plied in similar ca«es. Sec. 7. That it shall be lawful for the President, or such officers • as he may designate, to employ any portion of tho military or naval of the Confederacy, or of the militia, to prevent the illegal departure of any ship, vessel or other water craft, or for detaining, taking possession of, and beeping in custody the same, or any wagon, cart or 'other vehicle heretofore mentioned, their teams and drivers, and their products aforesaid, and to suppress and disperse any assembly of persons who may resist the execution of this act, or oppose tho fulfillment, by the officers, of the duties imposed by the same. Sec. 8. That this act shall expire on the day of the ratification of a tieaty of peace with the United States. Approved February 6, 1864. REGULATIONS TO CARRY INTO EFFECT THE ACT TO IMPOSE REGU1 kTIONS UPON THK FOREIGN COMMERCE OF Till. CONFEDERATE STATES, TO PROVIDE FOR THE PUBLIC DEFENCE, APPROV] D 6th FEBRUARY, 1S64. I. — As to tin i. 1. The owners of any vessel intending^ sail from a Confederate port with a cargo consisting in whole or part of cotton, tobacco, military and naval stores, sugar, molasses th on the outward and homeward voyage, at the rate of freight herein after mentioned. The collec- tor shall submit a statement as to the owners and officers, to the military commandant of the port; and if he shall not object to their loyalty, or to the sailing of the vessel, for reasons of military necessity, the collector shall gr-nnt a permit for the lading of the said vessel, one-half ior account of the owners, and one-half for account. of the Confederate States. ' 2. Before the said vessel shall execute to value of the vessel, with security deemed adequate bv the collector, conditioned that she will pursue the voyage designated, and that she will ret'irn with reasonable dispatch to a Confederate port, after her outward cargo shall be discharged, with a cargo — consisting Ooi-'-alf of articles not prohibited by the laws of Jha»£Jorfedc] at< government, and the other half of such articles as thvgovernment shall offer for shipment from such port, at the rate of freight here- \ in after mentioned. 3. Each shipper of any portion of the cargo proposed to be laden ading shall be completed, the owners «f t,hc the Confederate States a bond in Uoulfte tile I on board the said vessel shall, before the lading thereof, make ap- plication to the collector (or a permit to lade the same; whiten application shall declare the articles to be shipped, and the quan- tity and value thereof in Confederate currency, the port of destina- . tion, and the name of the consignee. A permit shall then he granted by the collector, if the application is deemed satisfactory. The lading shall he had under the inspection of a revenue officer, who shall be* charged -with the duty of seeing that the goods laden conform to the permit. 4. v Feforc the completion of the lading on hoard, or the granting a clearance, each shipper of any portion of the cargo shall execute and deliver to the collector a bond to the Confederate States, in (!uuVi]i-'tlio value of his shipment in Confederate money, with secu- rity deemed adequate by the collector, with condition that at least one-half the net proceeds of said shipment shall he invested in - or articles not prohibited hy law: and said goods or articles shall he shipped by the same or some other vessel, to the Confed- erate States, within sixty days from the unlading of said cargo; or that the said half of the net proceeds shall be paid in coin orstcrl- .' ing exchange to the proper agent of the Confederate States, to be reimbursed to the shipper by the delivery to him of cotton at the | port of departure in the Confederate States, at' the rate of ten) ice sterling per pound for middling uplands. .">. The freight to be paid by the Confederate States on all cotton and tobacco shipped from a Confederate port shall he five pence sterling per pound, payable on delivery at the port of destination. in coin or sterling exchange. Return freight shall be at the rate £ of £25 per ton, payable on its delivery in a Confederate port, in cotton, at ten pence sterling per pound for middling uplands, and at a proportionate price for cotton ot other qualities. In calcula- ting the ton of freight by weight, 2,240 pounds shall be allowed;' by measure, forty cubic feet shall be allowed. G. If th"e outward bound vessel shall consent, at the request of} vernment. to take two-thirds of her cargo for account of the^ Confederate. States, the outward freight shall be six pence sterling ] per pound : and whenever the government is not prepared to fill' up any portion of the tonnage reserved for its use, at the time at i which any vessel may be made ready to sail, her owners may fill Tup the same on their own account: but no vessel shall, without, it of the government, sail on her outward voyage until one-; 'third of her cargo shall he laden for the use of the government. 7. The rates of freight for articles other' than cotton and tobacco, / / <; thall be adjusted "at the saiue relative rate, aud payable in the same' way. government reserve* the right to limit or prohibit the shipment of rosin, turpentine, or any manufacture thereof, when- ever deemed dangerous to its own shipment, 9. l'i the completion of the lading of the rose 1. and before receiving her clearance, there shall be delivered to the collector, in addition to the usual manifest, another, setting forth the names, ages and description ef her officers and crew, and of every "passen- ger intending to sail in her. The said last mentioned mat shall be delivered to the oommandant of the port, who shall therei upon" cause the entire vessel to be searched; and if satisfied that tbe ' arties on board are persons who may safely be permitted to lea\ e the Confederacy, and that the passengers have the proper pass- ports, lie shall certify the same on the manifest, and return the same to the collector; whereupon, and not befrtre, a clearance shall be granted to the vessel, and ho shall be permitted to sail. 10. The owners of each vessel, and of each portion of a cargo sailing from a Confederate, port, shall be allowed to take up their respective bonds, by producing. to the collector the certificate of the proper agent of the Confederate government at the port of de- livery, setting forth the particulars, showing that the said party has complied with the obligation of the said bond, so far as thu same was practicable ; and the collector, upon being duly satis- fied, shall be authorized to surrender the said bonds. 11. Nothing in these regulations shall be so construed as to conflict with the proviso of the law which declares " that nothing in this act shall be construed to prohibit the Confederate States, or any of them, from exporting any of the articles herein enumer- ated on their own accounjt," nor shall a bond be -required of a State in any case. 12. The penalties of all bonds executed in conformity with these regulations, shall be recoverable in full, on proof of breach of the. conditions of the bond, and without proof of any damage suffered by the Confederate States in consequonce of such breach ; and all bonds shall be executed in s*uch form as to give effect to this regu- lation. 13. Vessels sent into the Confederacy for the purpose of export- ing cotton received in payment of any Confederate bond or obliga- tion, shall be subject to these regulations only so far as relates to such portion of the tonnage, if any, as may remain vacant after the lading of the cotton received in payment as aforesaid. 14 The regulations, for overland commerce witb neutral eoim- tries will be issued separately, within a few days. A ^ roved - . C. G. MEMMIXGER, Secretary of Treasury. JAMES A. SEDDOS, Secretary of War. Approved March 5th, 18G4 : JEFFERSON DAVIS. Treasure Department, C. S. A. Richmond, March 10, 1864. The following additional regulations pre established to carry out ilio act to impose regulations upon the foreign commerce of the (' mfederate States, and to provide for the public defence, approved February 6, 1864 . - /, The bond required by the jeeoud article of the Regulations shall be in one-half the value of the vessel ; and that required by the fourth article shall he h £c value of th|^ shipment : and the" i"ii r i t y which the collcctor-Uiay accept may be either personal sc- ourity, oi a mortgage of the vessel, or a transfer of the bills lading, or of cotton, tobacco or Confederate securities. 2. Whenever any vessel .shall bring into the Confederate States an entire cargo for account of the Confederate States, the owners of the said vessel am? the shippers of her cargo shall be relieved from the bonds previously given, to inve?t and bring in one half the net proceeds of her outward cargo; and the certificate of the agent of the treasury department at the port of lading, that such cargo was duly shipped in pursuance of the Regulations, shall au- - thoiize the collector to cancel and surrender the said bonds. Apprcved March 16, 1804: C. G. MEMMlNGEli, Secretary of Treasury. JAMES A. SEDDON, Secretary of War. Approved March 17, 1864: JEFFERSON DAVIS. ADDITIONAL REGULATIONS. TO CARRY INTO EFFECT THE ACT ENTITLED AN ACT TO IM- POSE REGULATIONS I PON THE FOREIGN COMMERCE OF THE CONFEDERATE STATES, TO PROVIDE FOR THE PUBLIC DE- JCE, APPROVED 6th FEBRUARY, 1864. II. — Overland 1. The owner of any wagon, cart or vehicle, or of any boat Of other vessel, and of any horses, mules or other animals employed in transporting cotton, feobaoco or naval stores from the Confederacy to Mexico, shall, before receiving any article foi transportion, re- quire of the the owner thereof the cellector's permit for its exporta- tion, sis herein alter set forth : an. I shall, before loading any article ■for transportation, present to the military commander of the de- partment, or officer assigned by him to thatQduty, a declaration setting forth a full description of all the vehicles, vesiels and ani- mals to be used by him, and their value in Confederate currency, and the names and value of the slaves, if any. employed as team- sters, or otherwise, in his business of transportation ; and the names ami such other particulars as may be required, of the free :is so employed, and the point of departure, the route to be pursued, and the place of destination ; and the commander or other officer as aforesaid shall, if satisfied of the loyalty and fidelity of the applicant, and that the application may be safely grautcd, en- dorse thereon his consent and approval, and grant a license to the applicant as a public carrier of exports to Mexico for the single trip, or for any length ef time, not exceeding one year, that may be deemed pro] 2. Any person desiring to export to Mexico overland any cotton, tobacco, or r.aval stores, shall, before placing the same on any wagon, cart or other vehicle, or pack-mule or other animal, or on b uird any boat or vessel, present to the military commander of tlTe department whence the merchandise is to be exported, or to the officer assigned by him as aforesaid, a declaration stating the quantity and value in Confederate currency of the articles he pro- poses to export, the name ot the iicensed -carrier to be employed by him, the point of departure, the route to be pursued, the name of the consignee and the place of destination in the neutral country; 2 10 and if the officer to whom tlie application is made shall bo satisfied of the loyalty and fidelity of the applicant and that tbe permission may i ranted, lie shall endorse on the application his 'ap- proval. 3. The applicant shall, before loading the merchandise which he intends to export, file with the collector of the district, whence the exportation is to be made, his application endorsed .is aforesaid, and shall execute and deliver to him a bond to the Confederate States, with security deemed adequate by the collector, in BO amount double the value in Confederate money, cf the merchan- dise embraced in his application, with condition that at least one- halfrtbe net proceeds of said merchandise at the place of destination shall be invested in goods and merchandise not prohibited by law. and that said goods and merchandise shall be brought into the Confederate States within sixty days after the delivery of thi ported articles ar their place of destination in Mexico ; and the collector shall thereupon deliver to the applicant a permit to load the articles embraced in said application. 1. No licensed carrier shall depart on the trip for which permits have been granted, uptil he shall have delivered to the collector of customs a manifest verified by his oath, setting forth the name- of all owners of the cotton or other articles which be is about te cany. and the quantity received from each owner, and shall have obtained from the collector a clearance authorizing his departure. 5. The military commander of any department from which ex- ports are conveyed to Mexico, shall establish, by General Orders to be published by him, as many convenient points as may be necessary for the assemblage and departure of all vehicles or means of transportation used in the business, and detail officers for the examination, search and seizure of all vehicles, teams, and slaves employed as drivers, whenever engaged in the infraction or inva- sion of these Regulations, or the law which they are intended to enforce. ti. All vehicles, animals, slaves, or other means of transportation, and all cotton or other articles that may he seized, whether by the officers of the revenue or by military authorities, fjr any violation or* law or of these Regulations, shall bT>, without any waste, spolia- tion, impressment, or injury of any kind, forthwith conveyed and delivered to the nearest marshal or deputy marshal of the Confed- erate States, and a detailed receipt taken from him. setting forth a full description of the property seized and delivered to him for safe custody. And it shall be the duty of said marshal or deputy mar* Bhal to keep the property SO surrendered in safe custody tmtil the 11 - farther order of the judge or a commissioner of a district court-of the Confederate States having jurisdiction of the subject matter ; and the said marshal or deputy "marshal shall forthwith, upon the receipt by him of the property seized, give information to the col- lector of the district or to the district attorney, or both, if practi- . of* all the facts in relation to the seizure of .the property and its delivery to him for safe keeping. 7. No military authority shall presume, under any chvunistanees, i ; > property, while being. carried under the provisions of the law, and of the for any other cause khan a violation of said provisions, nor in case of seizure, to dispose of the property I, in any other manner than that prescribed in the foregoing Regulations. But in oases where there is great risk of the pro- falling into the hands of the enemy, it shall be competent for the proper military authorities to require the licensed carrier to suspend his trip till the danger he passed, or to pursue a differ- ent loiite from that originally designated, or e»en in cases of imminent danger, to abandon the trip. The bonds to be taken under these Regulations shall be sub- ject to the provisions of the twelfth regulafon relative to exporta- tions by sea ; ami said bonds may be taken up on the production to the collector of satisfactory evidence that the party has coinplied with the conditions of the bond as far as practicable. Approved : C. G. MEMMINGER, relary of Treasury. JAMES A. SEDDQN, S> cretary of. War. Approved March 11. 1864: JEEFERSON DAVIS. fe SVk be oixo. SOQVili' . una, one i snip OD ot white, .ning up . rlt'iDg to .'dress ii LAND. iDCtion a "olasees, k . Tb, ' i sammer tly come s, sold to •lo width i negroes Id tot Ol lire, and .tale. Men from oad car ,t of May, five and at a few >ot. The i use mark . will give in Hon"- 11 enable HAUD. ly oo r ared to cites are itted tor exai. I K101', I 3. DMrlct MM, tbe B 00U1 t'\ known u.- w 111 be (jooefa..^ i- The fB^rfwtiBi II Te-pabn.- > eerned i ' •'> V ' T »' Adjutant and IsfpirxoR Qin.*» Orrica Richmond, Va., April 10, lt*04. General Orders No. 43. I. By i!ie provisions of an aot of Congress en- titled "An act to impute regulations upon the foieign commerce or the Confederate 8'atea.to provide for the common defence'- approved ft; February, 1804, the exportation of cotton, tobacco, military and naval stores, sugar, molasses and rice, from tho Confederate States, except under such uniform regulations as might be made by the President, was prohibited. And the President was autli jrized to employ any portion of the mil itary and naval forces of the Confederacy in order to prevent the departure of any vessols or vehi- cles that might be employed in carrying on a com- merce in these articles contrary to law. II. The commanding generals of departments and districts will Issue orders and instructions to iheir ..ftiuers, that wherever iteball reasonably ap pear that any vessel or vehicle Ins been laden, lu whole or in part, with any of the said article? for exportation or conveyance beyond the limits ol the Confederacy, or to any place within the Con- federacy not under the oiutrol of thfir civil or military authorities,) ud whenever there l« ro sou to believe that any ol the articles aforesaid huve been so laden, or have besn collected at any plaoe of deposited wih a view to exportation or conveyance beyond the limits or lines aforesaid, to eleze and detain the same with the venlcles, teams and slaves employed, that lnvesti may be had according to the conditions of the act aforesaid, and these orders, unless the owners, oi his agent or bailee, has a permit from tbe collec- tor of the revenue, or from an oflicer of this de- partment who may be. authorized to grant such licenses. IH. The conditions upon whleh the trade by sea or overland to Mexico can bo carried on hair* been determined by the regulations of the Presi- dent, aud any exportation, or attempt to export any of the unities aieresaid, C' nlrary to these regulations, will authorize rne detention of the vessel or other instruments of transport. IV; "When a deposite of the prohibited articles is made at a point ir .m which e* y I cco.s lo tiie lines can be ob'ained, oi are on a vehicle appar ent'y on the way to their line*, or In the vicinity thereof, oi whoa the owner is not a permanent resident of Ihe place where the articles arc found and from whii h they can easily he transported be- yond the lines, or is asusplcious person, detention of the articles and vehblee for Inquiry will be made. V. All vehicles, animals, slaves or other mean? of transportation, and all couon or other uruoleb that may be seiaed, whether by the i Ulcers of the revenue or by military authorities, for any viola- tion ot law or oi these regulations, shall be,wiih- out was'.e, spoli*tion, impresfment or injury ol any kind, forthwith conveyed and delivered lo the nearest marshal or deputy marshal of the Confed- erate States, aid a dt lulled reoeipt taken from him, touiug forth a full descrlpiion of the prop- erly seized and delivered to him tor safe cus ouy. And it shall be the duty of said marshal or dopu ty maihalto keep the property so surrendered in safe custody until the further order of the Judge or a commissioner of a District Court of the Con- federate States, hating jurisdiction of the sub- ject matter ; and the suid marshal or deputy mar- shal shall forthwith, upon the receipt by him of Ibi property seized, give informal on to the collector of the district, or lo the Distriot Attorney, or to both If practicable, of all the facts In relation to the telzure of the property, and Its delivery to him for sale keeping. VI. No mllliury authority shall presume Under any cttcunisiances to selzo piopeity, while celii* carried under the provisions ot the law, and ot thee* resolutions lor any other cauhe ih«n i said provisions, nor la case of se the properly seized In uny other ujun.. prescribed In the foreftoliiK regulation, wutre there Is great rl k ol the property t'.ilMu Into the hands of '.he enemy, It shall be compiu ul proper military authorities to require tlio carrier to suspend his Mp till ttio dang or to pursue a dltterent n.ute trom that originally de- signated, or even In caoes of to-iuilueut clanger to abandon the trip, VII. Information will be given from time to time from this Department lo the commanding Qanoralsof the conditions on which transporta- tion by land may be made. By order, S. 8. COOPER, Adjutant and Inspector General. Approved JAMES A. SEDDON, Secretary of War. By command of Geu'I E Kirdy Smith, S. 8. ANDERSON. [Official,] J. E.SLAUdHTBR. Brig. Gen'land Chie f of Staff. 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