States until further order. " Then comes the further order, dated September 4, 1863, which says, "Any * * * arms * * * imported into the United States may be re-exported to the place of original shipment. " The first order simply prohibits any exportation, the second allows the exportation until further order, of all arms to the place of original shipment. Arms not yet imported could not be exported but after their arrival they are entitled to the full benefit of this second order, until it is annulled by a new one. Knowing that in this matter you are anxious only to you duty I am convinced that after careful reflection you must inevitably come to the same conclusion to which I have arrived, and will direct the arms to be shipped at once. allow me to say in conclusion that while I present these views as an American citizen, yet I do not desire to shirk any responsibility which they involve as agent of the Treasury Department.
Very respectfully, your obedient servant,
San Francisco, July 19, 1864.
THOMAS BROWN, Esq.:
SIR: Your letter of yesterday urging the export of certain arms from this port has been received. The arms in question, 208 cases of muskets marked M. GF B. were originally imported into New York on the 10th of March, 1864, by L. Marx & Co. from Hamburg, and entered for warehousing. On the 9th of April 1864, they were withdrawn from warehouse by G. Tancher for transportation in bond to this port, and on arrival were rewarehoused. These arms have been transferred by Tancher to T. Lemmen Mayer, who has authorized Robert Haley to withdraw the same for export to Liverpool on board the American schooner San Diego, a vessel of 55 91/95 tons burden, of which Haley is master. Haley subsequently offered to change the entry for Hamburg if it would obviate objection. The President's order of November 21, 1862, declares that no arms, ammunition, or munitions of war be cleared or allowed to be exported from the United States until further order. The order of September 4, 1863, is to the effect that the original order be so "far modified that any arms heretofore imported itates may be re-exported to the place of original shipment. " These arms, prohibited from export by the original order, clearly do not come within the rule laid down by the modification as entitled to re-exportation. They were not heretofore-that is, prior to the date of the second order-imported into the United States. The export will not be permitted. The international question I do not discuss, nor is the question of destination in this case important. You informed me that the arms were, in fact, intended for Mexico.
SAN FRANCISCO, Saturday, July 16, 1864.
CHARLES JAMES, Esq.
Collector of the Port, San Francisco, Cal.:
SIR: I desire, as a last hope of turning you from what I conceive to be the purpose of your mind, to present to you in written form some of the arguments I addressed to you verbally this morning. Not only