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No.

Date.

List of documents-Continued.

Subject of document.

1862.

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Restrictions on trade on the north side of the Ohio river.

Restrictions on trade in Maryland, and appointments of boards of trade.
Board of trade at Memphis dissolved.

Circular relating to trade below Memphis issued by Thos. H. Yeatman,
esq., special agent.

Restrictions on trade on the north side of the Ohio river modified.
Trade below Helena, Arkansas, prohibited; no trade opened below
Memphis.

Order suspending trade with points in Kentucky and Tennessee.

Modification of restriction upon trade in salt in Kentucky advised.
Conditions upon which trade with Helena, Arkansas, is opened.

No. 1.

Circular to collectors, surveyors, and other officers of the customs.

TREASURY DEPARTMENT, May 2, 1861.

On the 19th of April, 1861, the President of the United States, by proclamation, declared the ports of South Carolina, Georgia, Florida, Alabama, Louisiana, Mississippi, and Texas under blockade, and on the same month, by another proclamation, declared the ports of Virginia and North Carolina, also, under blockade, since which proclamation this department has received reliable information that attempts are frequently made to furnish arms and munitions of war, provisions, and other supplies to persons and parties in those States in open rebellion against the constitutional authorities of the Union.

It becomes my duty, therefore, to instruct you to cause a careful examination to be made of the manifests of all steam or other vessels departing from your port with cargoes whose ultimate destination you have satisfactory reason to believe is for any port or place under the control of such insurrectionary parties, and to compare the same with the cargo on board; and if any such manifest be found to embrace any articles of the description before mentioned, or any such articles be found to constitute part of the cargo, you will take all necessary and proper measures to prevent the departure of the vessel and to detain the same in your custody until all such articles shall be removed therefrom and for further proceedings, according to law.

You will also make a careful examination of all flatboats and other water craft without manifests, and of railroad cars and vehicles arriving at or leaving your port, laden with merchandise, the ultimate destination of which you have good reason to believe is for any port or place under insurrectionary control; and if arms, munitions of war, provisions of war, provisions or other supplies are found, having such destination, you will seize and detain the same, to await the proper legal proceedings for confiscation or forfeiture.

In carrying out these instructions, you will bear in mind that all persons or parties in armed insurrection against the Union, however such persons may be organized or named, are engaged in levying war against the United States, and that all persons furnishing to such insurgents arms, munitions of war, provisions, or other supplies, are giving them aid and comfort, and so guilty of treason within the terms of the second section of the third article of the Constitution; Part iii-36

and you will therefore use your utmost vigilance to prevent the prohibited shipments, and to detect and to bring to punishment all who are in any way engaged in furnishing to such insurgents any of the articles above described.

You will, however, on the other hand, be careful not to interrupt, vexatiously or beyond necessity, by unwarranted or protracted detentions and examinations, the regular and lawful commerce of your port.

You will report forthwith whether any, and if any, what, additional measures may be necessary, in your judgment, to carry into full effect the foregoing di rections; and you will report to this department, from time to time, your action under these instructions.

S. P. CHASE, Secretary of the Treasury.

N. B.-Among prohibited supplies are included coals, telegraphic instru ments, wire, porous cups, platina, sulphuric acid, zinc, and all other telegraphic materials. S. P. C.

MEMORANDUM.-This circular of instructions was superseded by the circular published on the 22d day of August, 1861.

No. 2.

Circular letter to surveyors of the customs west, allowing supplies to go forward to certain coal mines in Western Virginia.

TREASURY DEPARTMENT, May 15, 1861.

SIR: You are hereby authorized to allow goods and provisions, comprising the necessaries of life, to pass through your port from Philadelphia for the use of the workmen in the Cannel coal mines of Western Virginia; and all coul shipped from thence to your port to go forward or land without interruption.

I am, &c.,

S. P. CHASE, Secretary of the Treasury.

ENOCH T. CARSON, Esq., Surveyor, Cincinnati, Ohio.
CHAS. W. BATCHELOR, Esq., Surveyor, Pittsburg, Pennsylvania.

No. 3.

General letter of instructions to William P. Mellen, special agent, relative to exchanges, and announcing the policy that commerce should follow the flag.

TREASURY DEPARTMENT, May 29, 1861.

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SIR: I have little doubt that the exchange of provisions and supplies, except munitions of war and other articles usually prohibited, would be than injurious. The difficulty, however, is this: The States controlled by insurrectionists, especially by insurrectionists exercising the powers of govern ment, can hardly be regarded otherwise than as hostile communities, with which the United States are, for the time being, at actual war. The rules applicable to the relations of war must be applied. If war existed between this country and England, no trade whatever would be permitted. American property

shipped to England and English property shipped to the United States would be liable to seizure. So constant experience teaches us that property shipped to the insurrectionary States is liable to seizure and actually seized; and if the property of citizens in those States shipped to the United States is not seized, it is simply because the federal government desires to treat them, as far as practicable, not as enemies, but as citizens.

I see no way in which safe intercourse can be established between citizens of the loyal States and those under insurrectionary control. The question is not one of revenue nor one of rights in a state of peace, but a question of supplies to enemies, and is controlled by considerations belonging to a state of war. The best thing to be done, it seems to me, is to establish the power of the government in co-operation with the people of Kentucky and Western Virginia within those limits, and to let commerce follow the flag.

This policy opens Missouri, Kentucky, and Western Virginia to trade, and will extend southward as rapidly and as far as the authority of the federal government can be restored.

Continue your conversations with reflecting men, and let me know the result. Yours, &c.,

S. P. CHASE, Secretary of the Treasury.

Special Agent, Cincinnati, Ohio.

WM. P. MELLEN, Esq.,

No. 4.

Modification of the restrictions on trade with Western Virginia, promulgated May 2, 1861.

TREASURY DEPARTMENT, May 30, 1861.

SIR: It is the purpose of the government, whenever practicable, consistently with its effort to restore the supremacy of the Constitution and laws, to mitigate, in favor of all citizens of the United States who remain loyal to the Union, the rigorous measures found necessary to suppress the insurrection. With that view, the instructions of the 2d instant, prohibiting the transmission of supplies to the insurgents, will not be enforced against the citizens of Western Virginia, who have so signally manifested, by recent acts, their continued attachment to the Union.

You will, in future, be careful that provisions and other like commodities, intended for consumption in Western Virginia, shall be permitted to proceed to their destination without interruption, satisfying yourself, of course, in every case, that such is the bona fide destination of the articles.

The substance of the foregoing instructions was communicated to you by telegraph on the 29th instant.

I am, &c.,

S. P. CHASE, Secretary of the Treasury.

ENOCH T. CARSON, Esq.,

Surveyor, &c., Cincinnati, Ohio.

Similar letters of instructions were sent to the collectors of the various western ports.

No. 5.

Concerning restrictions on free trade with Kentucky via Paducah.-Letter to committee of citizens of Paducah.

TREASURY DEPARTMENT, June 4, 1861.

GENTLEMEN: On the 24th ultimo, the following despatch was sent from this department to William Nolen, collector at your port:

"Bona fide' trade between States not under insurrectionary control, of which States Kentucky is one, is under no restrictions, but the sending of sup plies of any kind, directly or indirectly, for the aid and comfort of insurgents, in or through Kentucky or any other State, is strictly forbidden."

Instructions have been sent to the collectors of various western ports not to interfere with the shipments of supplies bona fide intended for consumption within any State acknowledging and fulfilling its federal obligations. If, therefore, any obstruction is opposed to the sending of provisions or other supplies, it must be because the officers of the government at the places from which the supplies would be forwarded have reason to believe that those supplies will reach insurgents in arms against the Union and its government.

Some facts, such as the petition of certain citizens of Paducah to the Kentucky legislature for the fortification of the place, the support of that applica tion by the senator from the district, and the arming of parties of men, avowedly intending to join the conspirators in insurrection, afford some ground for that belief. If the belief be a mistaken one, it will be easy to remove it by such manifestations on the part of the people of the town and surrounding country as will leave no doubt of their loyal attachment to the Constitution, the Union, and the flag of our fathers.

If the collector at Paducah has executed, and will continue to execute, impartially and completely, the order heretofore sent him, prohibiting supplies to parties levying war against the United States, and their aiders and comforters, all obstructions in the way of complete restoration of commercial intercourse between Paducah and loyal towns and States will be removed.

It is the earnest wish of this department that every part of the country may enjoy, in the most ample degree, the benefit of the Constitution and the laws, faithfully upheld and honestly administered, for the protection of every right and every interest.

Yours, &c.,

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S. P. CHASE, Secretary of the Treasury.

Messrs. J. Campbell, J. H. Terrell, S. B. HUGHES, R. C. WOOLFOLK, R. ENDERS, H. ENDERS, Paducah, Kentucky.

No. 6.

Circular to collectors, surveyors, and other officers of the customs.

TREASURY DEPARTMENT, June 12, 1861.

SIR: Referring to the circular instructions of the 2d ultimo, prohibiting the transmission of munitions of war, provisions, or other supplies to parties in insurrection against the United States, you are now further instructed to exercise the utmost vigilance in arresting and detaining all merchandise, of whatever

character, the ultimate destination of which you have satisfactory reason to believe is for insurgents against the United States, or for places under their control.

If you are satisfied, either from the nature of the articles or otherwise, that any merchandise, wherever destined in name, is in fact destined for persons or combinations in actual insurrection against the government of the United States, you will cause the same to be seized and proceeded against for forfeiture.

If, however, you are satisfied that any merchandise transmitted for States or places under insurrectionary control is not intended for actual insurgents, and has been shipped or forwarded without intent to afford aid or comfort to such insurgents, or otherwise to violate the law, you will simply detain such merchandise, and notify the shippers or forwarders, or their agents, of such detention, and state the cause thereof. If such shipper or forwarder, personally or by agent, shall satisfy you that the merchandise so arrested will not be sent to any place under insurrectionary control, but will be either returned whence it came or be disposed of in good faith for consumption within loyal States, you will restore possession of the same, and allow such disposition thereof to be made as the parties in interest may desire.

You will regard all States in which the authority of the United States is temporarily subverted as under insurrectionary control; but any portions of such States in which the laws of the Union and the authority of the federal government are acknowledged and respected, will be considered as exempt from any interruption of commerce or intercourse beyond such as may be necessary in order to prevent supplies going to insurgents, or to places under their control. It is the intention of the department to leave the owners of all property perfectly free to control it in such manner as they see fit, without interference or detention by officers of the federal government, except for the purpose of preventing any use or disposal of such property for the aid and comfort of insurgents, or in commerce with States or places controlled by insurgents.

I am, &c., &c., &c.,

S. P. CHASE, Secretary of the Treasury.

MEMORANDUM.-This general circular of instructions was superseded by the more comprehensive circular of August 22, 1861.

No. 7.

Circular instructions to collectors and other officers of the customs.

TREASURY DEPARTMENT, August 22, 1861.

The attention of collectors and other officers of the customs is called to the act of Congress entitled "An act further to provide for the collection of duties on imports, and for other purposes," approved July 13, 1861, and the proclamation of the President of the United States of August 16, 1861, made in pursuance thereof, both of which are annexed.

In view, therefore, of the act aforesaid, and the proclamation of the President of the United States, made in pursuance thereof, I hereby direct and instruct the officers of the customs to use all vigilance in preventing commercial intercourse with the inhabitants of States in insurrection, except in the special cases in which it may be allowed by license and permit as therein set forth. The instructions of May 2 and June 12, 1861, heretofore in force, will be regarded as superseded by the more comprehensive provisions of the act and proclamation. The collectors and other officers of the customs

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