War of the Rebellion: Serial 038 Page 0610 Mississippi, WEST TENNESSEE, ETC. Chapter XXXVI.

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order a steamboat to be turned over to me, that I may send up Deer Creek and the Yazoo immediately and secure corn, which is already engaged up there.

Very respectfully, your obedient servant,


Major and Commissary of Subsistence.

Vicksburg, January 31, 1863.

Major THEO. Johnston, Jackson:

Got salt at Bolton for 25. Shall I bring it here or send it to you? Six hundred beeves came yesterday. Mr. Kerr reports very small supply at Edwards. See that some more are sent by next week. I want funds badly to send up Yazoo; can you send some to-morrow?


Major and Commissary of Subsistence.

WAR DEPARTMENT, Richmond, Va., January 31, 1863.

Lieutenant-General PEMBERTON,


GENERAL: Your letter of the 14th instant, containing a statement of the rules you have established for suppression of trade with the enemy, has been received. The power to seize private property as being illegally employed has been regulated by law, and a statement of the laws will be the readiest mode of ascertaining the extent of the power.

By an act of Congress of 21st May, 1861, the exportation of cotton or cotton yarn otherwise than through a Confederate port was prohibited, and marshals and officers of the revenue were directed to prohibit and prevent all violations of the act. If any person should violate or attempt to violate this act, the cotton or cotton yarn thus illegally exported or attempted to be exported, was forfeited to the use of the Confederate States. The person guilty was liable to a fine not exceeding $5,000, or imprisonment not to exceed six months, by the sentence of a competent court. The informer was entitled to half the proceeds of the articles forfeited. Any justice of the peace, upon an affidavit of a violation or attempt to violate the act, may issue his warrant and cause the cotton or cotton yarn specified in the affidavit to be seized and retained until an investigation can be had before the courts of the Confederate States. Every steamboat or railway car which may be used with the consent of the owner shall be forfeited in like manner to the use of the Confederate States. [See Acts of Provisional Congress, Number 177.]

Act Number 204, passed August 2, 1861, extended the provisions of the act of May to embrace tobacco, sugar, rice, molasses, sirup and naval stores.

An act of April 19, 1862 [Acts of Congress, first session, chap. 58, p. 46], rendered it unlawful for any person by himself or his agent to transport to any port or place in the Confederate States which may be in the possession of the enemy, or to sell in the same, any of the articles before mentioned. This act extended the forfeiture so as to include the va transported.

The proper mode of proceeding under these acts is to libel the goods taken in the district court of the Confederate States. An order of seizure