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Code · STATUTES-AT-LARGE · Vol. 12 STAT. · July 13, 1861 · Chapter III

Chapter III. *further to provide for the Collection of Duties on Imports, and for other Purposes.* July 13, 1861. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That whenever it shall in theWhen impracticable to collect duties at any port of ent

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Chap. III.— An Act *further to provide for the Collection of Duties on Imports, and for other Purposes.* July 13, 1861. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That whenever it shall in theWhen impracticable to collect duties at any port of entry in any district, they may be collected at any port of delivery in the same district. judgment of the President, by reason of unlawful combinations of persons in opposition to the laws of the United States, become impracticable to 256THIRTY-SEVENTH CONGRESS.
Sess. I. Ch. 3. 1861.execute the revenue laws and collect the duties on imports by the ordinary means, in the ordinary way, at any port of entry in any collection district, he is authorized tn cause such duties to be collected 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 of surveyors at such ports.powers, and be subject to all the obligations of collectors at ports of entry; and the Secretary of the Treasury, with the approbation of the President, Secretary of Treasury to appoint weighers, gaugers, &c.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 Limits of ports to be established.constituted ports of entry, as aforesaid; and all the provisions of law regulating the issue of marine papers, the coasting trade, the warehousing of imports, and collection of duties, shall apply to the ports of entry so constituted, Laws to apply to such ports.in the same manner as they do to ports of entry established by the laws now in force.
Sec. 2. *And be it further enacted,* That if, from the cause mentioned in the When duties cannot be collected at any port of entry or delivery in any district, the custom-house may be established &c.foregoing section, in the judgment of the President, the revenue, 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 customhouse 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 Residence and duty of collector.reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes 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 Vessel may change her destination to unobstructed port.board any vessel detained as aforesaid, or the master of said vessel shall desire to enter a port of entry in any other district in the United States where no such obstructions to the execution of the laws exist, the 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,* Secretary of the Treasury to make regulations.That the Secretary of the Treasury shall, with the 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. Vessel or cargo not to be taken from custody of officers of customs, unless, &c. *And be it further enacted,* That it shall be unlawful to take atty 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 persons, too great to be overcome by the officers of the customs, it shall and may be lawful for Use of military and naval force authorized.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. Ports of entry may be closed in certain cases. *And be 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 sections of this act, then and in that case Notice to be given.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, warehousing, and other privileges incident Effect of such discontinuance.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 THIRTY-SEVENTH CONGRESS.
Sess. I. Ch. 3. 1361.257obstructions; 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 be it further enacted,* That whenever the President, inThe President, in certain cases, may declare the inhabitants of a State, &c. to be in a state of insurrection.1795, ch. 36, § 2.Vol. i. p. 424. pursuance of the provisions of the second section of the act entitled “An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for that purpose,” approved February twenty-eight, seventeen hundred and ninety-five, shall have called forth the 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 not1861, ch. 32.*Post*, p, 284 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 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 proclamation, to declare that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourseCommercial intercourse thereupon to cease. by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels,Certain goods to be forfeited. 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, however,* That the President may, in hisPresident may permit intercourse in certain cases, and under regulations. 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 mayOfficers of customs may be appointed; their pay, &c. 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. 6. *And be it further enacted,* That from and after fifteen daysVessels belonging to those in insurrection. when to be forfeited. 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 Stale 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 forfeited to the United States.
Sec. 7. *And be it further enacted,* That in the execution of the provisionsThe navy may be used to execute the revenue laws. 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 cutters 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 penaltiesRemission of penalties incurred by virtue of this act may be mitigated or remitted in pursuance of the authority vested in the Secretary of the Treasury by the act enti-258THIRTY-SEVENTH CONGRESS.
Sess. I. Ch. 3, 4. 1861.1797, ch 13.Vol. i. p. 506.tled “An act providing for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain eases 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. In what courts forfeitures may be enforced. *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 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. Chapter IV: to provide for the Appointment of Assistant Paymasters in the Navy. 11 Stat. 258 1861-07-17 Chapter IV Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-23 37 1 public
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Chapter III
*further to provide for the Collection of Duties on Imports, and for other Purposes.* July 13, 1861. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That whenever it shall in theWhen impracticable to collect duties at any port of ent
Stat.11 Stat. 258
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