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Revenue Laws and Regulations of the United States, and with the conditions of this License.

Any violation of the conditions of this License will involve the forfeiture and condemnation of the vessel and cargo, and the exclusion of all parties concerned from any further privileges of entering the United States during the war for any purpose whatsoever.

Officers of vessels-of-war and all other persons will respect this License, and permit the said vessel to proceed on her voyage unmolested, while prosecuting the same in conformity with its conditions.

Given under my hand and the seal of the Consulate of the United States at

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The Secretary of the Treasury (Chase) to Collectors of Customs 1

[Circular]

1

WASHINGTON, May 23, 1862. SIR: In pursuance of the provisions of the proclamation of the President, modifying the blockade of the ports of Beaufort, Port Royal, and New Orleans, and of the regulations of the Secretary of the Treasury relating to trade with those ports, no articles contraband of war will be permitted to enter at either of said ports, and you will accordingly refuse clearance to vessels bound for those ports, or either of them, with any such articles on board.

Until further instructed, you will regard as contraband of war the following articles, viz: cannons, mortars, fire-arms, pistols, bombs, grenades, firelocks, flints, matches, powder, saltpetre, balls, bullets, pikes, swords, sulphur, helmets or boarding-caps, swordbelts, saddles and bridles, (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,) cartridge-bag material, percussion and other caps, clothing adapted for uniforms, rosin, sail-cloth of all kinds, hemp and cordage, masts, ship timber, tar and pitch, ardent spirits, military persons in the service of the enemy, despatches of the enemy, and articles of like character with those specially enumerated. You will also refuse clearances to all vessels which, whatever the ostensible destination, are believed by you, on satisfactory grounds, to be intended for ports or places in possession or under control of insur

1

1 Papers Relating to Foreign Affairs (Diplomatic Correspondence), 1862, pt. 1, pp. 425-426,

gents against the United States, or that there is imminent danger that the goods, wares, or merchandise, of whatever description, laden on such vessels, will fall into the possession or under the control of such insurgents; and in all cases where, in your judgment, there is ground for apprehension that any goods, wares, or merchandise, shipped at your port, will be used, in any way, for the aid of the insurgents or the insurrection, you will require substantial security to be given that such goods, wares, or merchandise, shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents.

You will be especially careful upon application for clearances to require bonds, with sufficient sureties, conditioned for fulfilling faithfully all the conditions imposed by law or departmental regulations, from shippers of the following articles to the ports opened, or to any other ports from which they may easily be, and are probably intended to be, re-shipped in aid of the existing insurrection, namely: liquors of all kinds other than ardent spirits, coals, iron, lead, copper, tin, brass, telegraphic instruments, wire, porous cups, platina, sulphuric acid, zinc, and all other telegraphic materials, marine engines, screw propellers, paddle-wheels, cylinders, cranks, shafts, boilers, tubes for boilers, fire-bars, and every article or other component part of an engine or boiler, or any article whatever which is, can or may become applicable for the manufacture of marine machinery, or for the armor of vessels.

I am [etc.]

131

S. P. CHASE

The Secretary of State (Seward) to Consular Representatives 1 Circular No. 13

WASHINGTON, May 30, 1862.

1

SIR: Referring to Circular Letter of this Department, No. 12, dated May 12, transmitting the Proclamation of the President relaxing the blockade of certain ports of the United States, together with the Regulations of the Secretary of the Treasury in regard to trade with the ports thus opened by Proclamation, and prescribing your duties in the premises, I have now to transmit for your further information and guidance additional instructions upon the same subject.

The Secretary of the Treasury has communicated to this Department a copy of his letter of the 20th [23d] instant to Collectors of 1MS., Circulars, vol. 1, pp. 198-199.

Customs at ports in the loyal States, prohibiting the shipment of certain articles, contraband of war, to the ports of Beaufort, in the State of North Carolina, Port Royal, in the State of South Carolina, and New Orleans, in the State of Louisiana.

All vessels having on board the articles which are thus indicated by the Secretary of the Treasury as contraband will be refused clearances for the ports above mentioned, or either of them.

These articles are the following:

Cannons, Mortars, Fire-arms, Pistols, Bombs, Grenades, Firelocks, Flints, Matches, Powder, Saltpetre, Balls, Bullets, Pikes, Swords, Sulphur, Helmet or Boarding Caps, Sword Belts, Saddles and Bridles, (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,) Cartridge Bag material, Percussion and other Caps, Clothing adapted for uniforms, Rosin, Sail Cloth of all kinds, Hemp and Cordage, Masts, Ship-timber, Tar and Pitch, Ardent Spirits, Military persons in the service of the enemy, Despatches of the enemy and articles of like character with those specially enumerated.

You are also informed that Collectors of Customs of the United States have been also instructed to require bonds, with sufficient sureties, conditioned for the faithful fulfilment of all the conditions imposed by law or Departmental Regulations from shippers of the following articles to the ports opened, or to any other ports from which they may easily be, and are probably intended to be, reshipped in aid of the existing insurrection, namely:

Liquors of all kinds, Coals, Iron, Lead, Copper, Tin, Brass, Telegraphic Instruments, Wire, Porous Cups, Platina, Sulphuric Acid, Zinc, and all other telegraphic materials, Marine Engines, Screw Propellers, Paddle-wheels, Cylinders, Cranks, Shafts, Boilers, Tubes for Boilers, Fire-bars, and every article or any other component part of an engine or boiler, or any article whatever which is, can, or may become applicable for the manufacture of Marine Machinery or for the Armor of Vessels.

In accordance with the spirit of these instructions to Collectors of Customs, by which stringent restrictions are imposed upon vessels of the United States, you are specially instructed to refuse licenses to all vessels which, whatever the ostensible destination, are believed by you, on satisfactory grounds, to be intended for ports or places in possession or under control of insurgents against the United States, or from whence there is imminent danger that the goods, wares, or merchandise, of whatever description, laden on such vessels, will fall into the possession or under the control of such in

surgents; and in all cases where, in your judgment, there is ground for apprehension that any goods, wares, or merchandise shipped at your port, will be used, in any way, for the aid of the insurgents or the insurrection, or be transported to any place under insurrectionary control, and used to give aid or comfort to such insurgents.

In short, you are specially instructed to refuse every application for a license for any vessel having on board as part of her cargo any of the articles designated in either of the lists furnished by the Secretary of the Treasury.

You will perceive that these lists have been prescribed under the powers conferred by law on the Secretary of the Treasury to regulate our domestic trade, and security by bond is required from all American shippers of goods to the designated ports against any abuse of the privilege, and you will readily understand that foreign shippers cannot be placed on a more favorable footing than American merchants in the loyal ports of the United States. I am [etc.]

WILLIAM H. SEWARD

132

The Secretary of the Treasury (Chase) to the Secretary of State

(Seward)1

WASHINGTON, June 6, 1862.

SIR: I have received your letter of the 22d ultimo, stating that a letter from a Frenchman at New York to the consul general of France at that port has been left at your department by Mr. Mercier, which represents that the writer had been informed by the customhouse authorities that wines were considered as contraband of war, and asking for information in regard to the matter.

I have the honor to transmit herewith, for your information, a copy of the instructions addressed to collectors, with reference to clearances to the ports newly opened by the proclamation of the President, by which you will perceive that "ardent spirits" are declared contraband of war, and their shipment prohibited; but wines, not coming properly under this head, are permitted to be shipped.

I am [etc.]

S. P. CHASE

1 Papers relating to Foreign Affairs (Diplomatic Correspondence), 1862, pt. 1, p. 424 425.

" Printed as Document 130, p. 446.

42179-34-30

133

The Secretary of the Navy (Welles) to Flag Officers Commanding Squadrons and Officers Commanding Cruisers 1

1

WASHINGTON, August 18, 1862.

SIR: Some recent occurrences in the capture of vessels, and matters pertaining to the blockade, render it necessary that there should be a recapitulation of the instructions heretofore from time to time given, and also of the restrictions and precautions to be observed by our squadrons and cruisers.

It is essential, in the remarkable contest now waging, that we should exercise great forebearance, with great firmness, and manifest to the world that it is the intention of our Government, while asserting and maintaining our own rights, to respect and scrupulously regard the rights of others. It is in this view that the following instructions are explicitly given:

First. That you will exercise constant vigilance to prevent supplies of arms, munitions, and contraband of war from being conveyed to the insurgents, but that under no circumstances will you seize any vessel within the waters of a friendly nation.

Secondly. That, while diligently exercising the right of visitation on all suspected vessels, you are in no case authorized to chase and fire at a foreign vessel without showing your colors and giving her the customary preliminary notice of a desire to speak and visit

her.

Thirdly. That when that visit is made, the vessel is not then to be seized without a search carefully made, so far as to render it reasonable to believe that she is engaged in carrying contraband of war for or to the insurgents, and to their ports directly or indirectly by transshipment, or otherwise violating the blockade; and that if, after visitation and search, it shall appear to your satisfaction that she is in good faith and without contraband, actually bound and passing from one friendly or so-called neutral port to another, and not bound or proceeding to or from a port in the possession of the insurgents, then she can not be lawfully seized.

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Fourthly. That, to avoid difficulty and error in relation to papers which strictly belong to the captured vessel, and mails that are carried, or parcels under official seals, you will, in the words of the law, preserve all the papers and writings found on board and transmit the whole of the originals unmutilated to the judge of the district to which such prize is ordered to proceed"; but official seals, or locks, or fastenings of foreign authorities, are in no case, nor on any pretext, to be broken, or parcels covered by them read by any naval authorities, but all bags or other things covering such parcels, and

1

1 Official Records of the Union and Confederate Navies in the War of the Rebellion, Series I, vol. I, pp. 417-418.

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