persons, his, her or their agent, attorney or employee, shall purchase or acquire, sell 6 August 1861. or give, any property of whatsoever kind or description, (a) with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the president of the United States to cause the same to be seized, confiscated and condemned.(6)

Ibid. § 2.

33. Such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty, in any district in Jurisdiction of which the same may be seized, or into which they may be taken and proceedings first the courts. instituted.

condemnation.

34. The attorney-general, or any district attorney of the United States in which said Ibid. 2 3. property may at the time be, may institute the proceedings of condemnation, and in Proceedings for such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.(c)

12 Stat. 762

of loyal citizens

35. In all cases now or hereafter pending wherein any ship, vessel or other property 3 March 1863 2 1. shall be condemned, in any proceeding by virtue of the acts above mentioned, (d) or of any other laws on that subject, the court rendering judgment of condemnation shall, Bonâ fide claims notwithstanding such condemnation, and before awarding such ship, vessel or other to be paid out of confiscated proproperty, or the proceeds thereof, to the United States, or to any informer, first provide perty. for the payment, out of the proceeds of such ship, vessel or other property, of any bond fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence as a valid claim against such ship, vessel or other property, under the laws of the United States or of any loyal state thereof: Provided, That no such claim shall be allowed in any case where the claimant shall have knowingly participated in the illegal use of such ship, vessel or other property: And provided also, That this act shall extend to such claims only as might have been enforced specifically against such ship, vessel or other property in any loyal state wherein such claim arose.

12 Stat. 820.

tured property,

36. It shall be lawful for the secretary of the treasury, from and after the passage of 12 Mar. 1863 2 1. this act, as he shall from time to time see fit, to appoint a special agent or agents to receive and collect all abandoned or captured property in any state or territory, or any Agents for capportion of any state or territory of the United States, designated as in insurrection &c. against the lawful government of the United States by the proclamation of the president of July 1st 1862: Provided, That such property shall not include any kind or description which has been used, or which was intended to be used, for waging or carrying on war against the United States, such as arms, ordnance, ships, steamboats or other water craft, and the furniture, forage, military supplies or munitions of war.(e)

Ibid. 22.

How appropri

37. Any part of the goods or property received or collected by such agent or agents may be appropriated to public use, on due appraisement and certificate thereof, or forwarded to any place of sale within the loyal states, as the public interests may require; ated. and all sales of such property shall be at auction to the highest bidder, and the proceeds thereof shall be paid into the treasury of the United States.

38. The secretary of the treasury may require the special agents appointed under this act to give a bond, with such securities and in such amount as he shall deem necessary, Bonds of agents. and to require the increase of said amounts and the strengthening of said security, as circumstances may demand; and he shall also cause a book or books of account to be kept, showing from whom such property was received, the cost of transportation and proceeds of the sale thereof. And any person (g) claiming to have been the owner of When owner any such abandoned or captured property, may, at any time within two years after the suppression of the rebellion, (h) prefer his claim to the proceeds thereof in the court of Jurisdiction of claims; and on proof to the satisfaction of said court of his ownership of said pro

12 March 1863. perty, (a) of his right to the proceeds thereof, (b) and that he has never given any aid or comfort to the present rebellion, (c) to receive the residue of such proceeds, after the deduction of any purchase-money which may have been paid, together with the expense of transportation and sale of said property, and any other lawful expenses attending the disposition thereof.(d)

Ibid. 24.

Property

39. All property coming into any of the United States not declared in insurrection as aforesaid, from within any of the states declared in insurrection, through or by any

brought from in other person than any agent duly appointed under the provisions of this act, or under

surrectionary districts to be confiscated.

Proceedings for condemnation.

Punishment of agents.

Remission of penalties.

Ibid. 6.

All captured property to be delivered up.

Penalty for refusal or neglect.

Ibid. 27.

2 July 1864 1. 13 Stat. 375.

Sales of abandoned property.

Ibid. & 2.

a lawful clearance by the proper officer of the treasury department, shall be confiscated to the use of the government of the United States; and the proceedings for the condemnation and sale of any such property shall be instituted and conducted, under the direction of the secretary of the treasury, in the mode prescribed by the 89th and 90th sections of the act of March 2d 1799, entitled "An act to regulate the collection of duties on imports and tonnage." And any agent or agents, person or persons, by or through whom such property shall come within the lines of the United States unlawfully, as aforesaid, shall be judged guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisoned for any time not exceeding one year, or both, at the discretion of the court. And the fines, penalties and forfeitures accruing under this act may be mitigated or remitted in the mode prescribed by the act of March 3d 1797, or in such manner, in special cases, as the secretary of the treasury may prescribe.

40. It shall be the duty of every officer or private of the regular or volunteer forces of the United States, or any officer, sailor or marine in the naval service of the United States upon the inland waters of the United States, who may take or receive any such abandoned property, or cotton, sugar, rice or tobacco, from persons in such insurrectionary districts, or have it under his control, to turn the same over to an agent appointed as aforesaid, who shall give a receipt therefor; and in case he shall refuse or neglect so to do, he shall be tried by a court martial, and shall be dismissed from the service, or, if an officer, reduced to the ranks, or suffer such other punishment as said court shall order, with the approval of the president of the United States.

41. None of the provisions of this act shall apply to any lawful maritime prize by the naval forces of the United States.

42. Sales of captured and abandoned property, under the act approved March 12th 1863, may be made at such places, in states declared in insurrection, as may be designated by the secretary of the treasury, as well as at other places now authorized by said act.

43. In addition to the captured and abandoned property to be received, collected and Abandoned real disposed of, as provided in said act, the said agents shall take charge of and lease, for

estate to be leased.

When property to be deemed abandoned.

Ibid. § 3.

Proceeds to be paid into the treasury.

periods not exceeding twelve months, the abandoned lands, houses and tenements within the districts therein named, and shall also provide, in such leases or otherwise, for the employment and general welfare of all persons within the lines of national military occupation, within said insurrectionary states, formerly held as slaves, who are or shall become free. Property, real or personal, shall be regarded as abandoned, when the lawful owner thereof shall be voluntarily absent therefrom, and engaged, either in arms or otherwise, in aiding or encouraging the rebellion.

44. All moneys arising from the leasing of abandoned lands, houses and tenements, or from sales of captured and abandoned property collected and sold in pursuance of said act, or of this act, or from fees collected under the rules and regulations made by the secretary of the treasury, and approved by the president, dated respectively the 28th day of August 1862, the 31st day of March and the 11th day of September 1863, or under any amendments or modifications thereof, which have been or shall be made by the secretary of the treasury, and approved hy the president, for conducting the commercial intercourse which has been or shall be licensed and permitted by the president, with and in states declared in insurrection, shall, after satisfying therefrom all proper and necessary expenses, to be approved by the secretary of the treasury, be paid into

the treasury of the United States; (e) and all accounts of moneys received or expended

(a) Two parties, each claiming to be the true owner of the property, may be joined, and their conflicting claims settled in one suit. Turner v. United States, 2 N. & H. 390.

(b) See Gaither v. United States, 3 N. & H. 191. Byrnes v. United States, Ibid. 195.

(c) See Thomas v. United States, 3 N. & H. 52. Foley v. United States, Ibid. 53. Meyer v. United States, Ibid. 55. Reils v. United States, Ibid. 61. Oliver v. United States, Ibid. 62. Kuper v. United States, Ibid. 74. Graver v. United States, Ibid. 83. Koester v. United States, Ibid. 95. Hancock v. United States, Ibid. 177. Mckay v. United States, Ibid. 181. Clark v. United States,

Ibid. 228. Edmonds v. United States, Ibid. 179. If the owner die
subsequently to the capture, the only questions for the court are.
his title and loyalty; the loyalty of the distributees of his estate
cannot be put in issue. Aubert v. United States, 3 N. & Η. 84.
See Wilkinson v. United States, Ibid. 60. A resident alien need
not establish positive loyalty: it is enough, to show that he
never gave aid or comfort to the rebellion. Byrnes v. United
States, 3 N. & H. 195.

(d) See Alexander's Cotton, 2 Wall. 404.
(e) See 11 Opin. 273.

2 July 1864.

in connection therewith shall be audited by the proper accounting officers of the treasury. The first section of the "Act to provide for the collection of abandoned property and for the prevention of fraud in insurrectionary districts in the United States," approved March 12th 1863, is hereby extended so as to include the descriptions of property mentioned in an act entitled "An act further to provide for the collection of duties on imports, and for other purposes," approved July 13th 1861, and an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17th 1862, respectively; and the sales provided for in said act first mentioned may be made at such places as may be designated by the secretary of the treasury. And section six of said firstmentioned act is hereby amended, so as to include every description of property men- What property tioned in the acts of July 13th 1861 and July 17th 1862, aforesaid; and all property, abandoned. real or personal, described in the acts to which this is in addition, shall be regarded as abandoned, when the lawful owner thereof shall be voluntarily absent therefrom, and engaged, either in arms or otherwise, in aiding or encouraging the rebellion.

to be deemed

Ibid. 26.

fines and penal

45. So much of the fifth section of the act approved May 20th 1862, and the fourth section of the act approved March 12th 1863 as directs the manner of distributing fines, Distribution of penalties and forfeitures, is hereby repealed; and in lieu of the distribution thereby times directed to be made to informers, collectors and other officers of the customs, the court decreeing condemnation may award such compensation to customs officers, informers or other persons, for any service connected therewith, as will tend to promote vigilance in protecting the public interests, and as shall be just and equitable, in no case, however, to exceed the aggregate amount heretofore directed by the said fifth section.

Ibid. 7.

46. No property seized or taken upon any of the inland waters of the United States by the naval forces thereof, shall be regarded as maritime prize; but all property so Property capseized or taken shall be promptly delivered to the proper officers of the courts, or as provided in this act and in the said act approved March 12th 1863.

tured on inland waters not to be deemed prize.

30 Mar. 1868 2 1.

15 Stat. 251.

Proceeds of sales

47. All moneys which have been received by any officer or employé of the government, or any department thereof, from sales of captured and abandoned property in the late insurrectionary districts, under or under color of the several acts of congress providing for the collection and sale of such property, and which have not already been the treasury. actually covered into the treasury, shall immediately be paid into the treasury of the United States, together with any interest which has been received or accrued thereon.

to be paid into

Ibid. 22.

zlement.

48. If any officer or person having the custody, possession or control of any money derived or arising from the sale or other disposition of any such property mentioned in Neglect to be the preceding section, shall convert the same to his own use, or shall refuse or neglect, deemed embezfor the space of thirty days next after the passage of this resolution, to pay the same into the treasury of the United States, or shall in anywise pay away or dispose of the same, otherwise than by paying the same into the treasury as aforesaid, shall be deemed and held guilty of embezzling the public money of the United States, and shall be punished therefor, by imprisonment for a term of not more than ten years, and shall pay a fine equal to the sum so embezzled.

49. No action or suit shall be maintained in any court of the United States, or of 27 June 1868 21. any state thereof, in the name or in the behalf or interest of any alien, against the United States, or any person, for or on account of any act done or omitted to be done Aliens not to by such person as an officer or agent of the United States, in the administration of the for acts done unact of congress entitled "An act to provide for the collection of abandoned property and and for the prevention of frauds in insurrectionary districts within the United States," property laws. approved March 12, 1863, or of the act of congress entitled "An act in addition to the several acts concerning commercial intercourse between loyal and insurrectionary states, and to provide for the collection of captured and abandoned property, and the prevention of frauds in states declared in insurrection," approved July 2, 1864, or in virtue or under color of the acts of congress aforesaid, or any other acts of congress relative to the said insurrectionary states, or to persons or property therein. And to any action or suit which may have been heretofore, or shall hereafter be, instituted by any alien against the United States, or any such person as aforesaid, on account of any act done or omitted to be done as aforesaid, the defendant may and shall plead or allege in bar thereof, that such act was done, or omitted to be done, in the administration of one of the acts of congress aforesaid, or in virtue or under color thereof, and such plea or allegation, if the fact be sustained by the proof, shall be, and shall be deemed and adjudged in law to be, a complete and conclusive bar to any such suit or action: Pro- Exceptions. vided, that this section shall not be construed so as to deprive aliens who are citizens or subjects of any government which accords to citizens of the United States the right to prosecute claims against such government in its courts, of the privilege of prosecuting claims against the United States in the court of claims, as now provided by law.

27 June 1868.

Jurisdiction of the court of claims to be exclusive.

Payment of judgments.

50. It is hereby declared to have been the true intent and meaning of the act approved March 12th 1863, (a) entitled "An act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States," that the remedy given in cases of seizure made under said act, by preferring claim in the court of claims, should be exclusive, precluding the owner of any property taken by agents of the treasury department as abandoned or captured property, in virtue or under color of said act, from suit at common law, or any other mode of redress whatever, before any court or tribunal other than said court of claims. And in all cases in which suits of trespass, replevin, detinue or any other form of action may have been brought and are now pending, or shall hereafter be brought against any person, for or on account of private property taken by such person as an officer or agent of the United States, in virtue or under color of the act aforesaid, or the act approved July 2d 1864, entitled "An act in addition to the several acts concerning commercial intercourse between loyal and insurrectionary states, and to provide for the collection of captured and abandoned property, and the prevention of frauds in states declared in insurrection," the defendant may and shall plead or allege in bar thereof, that such act was done or omitted to be done by him as an officer or agent of the United States, in the administration of one of the acts of congress aforesaid, or in virtue or under color thereof, and such plea or allegation, if the fact be sustained by the proof, shall be, and shall be deemed and adjudged in law to be, a complete and conclusive bar to any such suit or action: Provided, however, That no judgment recovered in accordance with this act, shall be paid by the United States, unless the amount received by the defendant, as the proceeds of the transaction which was the foundation of the suit, shall have been paid into the treasury, except upon an appropriation duly made therefor after a full examination of the claim upon its merits.

Enterior Department.

[See EDUCATION.]

1. Secretary to receive, keep and distribute public documents. Room to be provided in the patent office. Delivery of documents. 2. Removal from other places of deposit.

3. Register to be kept. Reports to congress.

4. On whose requisition documents to be delivered. Expenses. 5. Duties of the secretary. Resolution of 1858 repealed. Resolution of 1857 amended.

5 Feb. 1859 1.

11 Stat. 379.

6. Wilkes's Exploring Expedition excepted.

7. Copyright publications to be sent to secretary of the interior.

8. Documents not to be removed from places of deposit.

9. Assistant secretary. Salary.

10. Report of expenditures of Indian bureau.

11. Certain powers vested in the secretary of the interior. 12. Superintendent, his duties and compensation.

1. The secretary of the interior is hereby charged with receiving, arranging, safekeeping and [with the] distribution of all printed journals of the two houses of congress, and all other books and documents, of every nature whatever, already or heredistribute public after directed by law to be printed or purchased for the use of the government, except

Secretary to receive, keep and

documents.

Room to be pro

vided in the patent office.

Delivery of docu

ments.

Ibid. ? 2. Removal from other places of deposit.

Ibid. 23.

Register to be kept.

Reports to congress.

of such as are directed to be printed or purchased for the particular use of congress, or of either house thereof, or for the particular use of the executive or of any of the departments; and for this purpose the secretary of the interior is hereby directed to set apart a proper room or rooms in the patent office building, to be used for this and no other purpose; and the superintendent of public printing, public printer, binder or contractor, or any other person whose duty it shall be by law to deliver any of the same, shall deliver the same to him there.

2. It shall be the duty of the secretary of the interior to obtain and remove from the other departments and offices, and from the congressional library, and other places where the same are now kept, all such journals, books and other documents now on hand and described in the foregoing section.

3. A register of such journals, books and other documents shall be kept under the authority of the secretary of the interior, showing the quantity and kind of each at any time received by him in pursuance of this act; and it shall be his duty to be caused to be entered in such register, at the proper time, when, where and to whom the same, or any part of them, have been distributed and delivered, and to report the same to congress at the first session of each congress.

4. The same shall be delivered out by the secretary of the interior only on the written On whose requi- requisition of the heads of departments, secretary of the senate, clerk of the house of sition documents representatives, librarian of congress, and other officers and persons, private and corporate, who are by law authorized to receive the same, except where by law the secretary of the interior is required, without such requisition, to cause the same to be sent and delivered; and in either of such cases it shall be the duty of the secretary of the inte

rior to cause the same to be sent and delivered, the expenses thereof, except when other- 5 February 1859. wise directed, to be charged on the contingent fund of the department.

Expenses.

Duties of the sec

1858 repealed.

5. All such journals, books and other documents shall hereafter be distributed Ibid. 2 5. according to and for the purposes now prescribed by law, except that the distribution of the same to the governors of the states and territories, and to the judges of the retary. courts of the United States, and other officers and public bodies within the states or territories, shall be wholly under the control of the secretary of the interior; and the Resolution of joint resolution, approved March 20th 1858, supplementary to the joint resolution approved January 28th 1857, respecting the distribution of certain documents, is hereby repealed. And the third section of said joint resolution of January 28th 1857, is Resolution of hereby amended, by striking out the words" by him" in the last line, and inserting the words "to him, by each of the senators from the several states, respectively, and by the representative in congress from each congressional district, and by the delegate from each territory in the United States:" And provided, That such distribution shall first be made at the instance of the representatives in congress from districts in which such public documents have not already been distributed, so that the quantity distributed to each congressional district and territory shall be equal.

857 amended.

Ibid. 27

6. By this act the distribution of all works mentioned in the first section as public documents is intended and directed to be made, except the "Exploring Expedition" Wilkes's Explorconducted by Commander Wilkes.

ing Expedition excepted.

Ibid. 28. Copyright publi cations to be sent to secretary of

7. All books, maps, charts and other publications of every nature whatever, heretofore deposited in the department of state according to the laws regulating copyrights, together with all the records of the department of state in regard to the same, shall be removed to and be under the control of the department of the interior, which is hereby interior. charged with all the duties connected with the same, and with all matters pertaining to copyright, in the same manner and to the same extent that the department of state is now charged with the same; and hereafter all such publications of every nature whatever shall, under present laws and regulations, be left with and kept by him.

Ibid. 2 10.

12 Stat. 369.

8. All such books and documents, when received at the proper offices, libraries, and so forth, as provided by law, shall be kept there and not removed from such places. 9. The president shall appoint in the department of the interior, by and with the 14 Mar. 1862 26. advice and consent of the senate, a competent person, who shall be called the assistant secretary of the interior, whose salary shall be three thousand dollars, payable in the Assistant secresame manner as the salary of the secretary of the interior; who shall perform such tary. duties in the department of the interior as shall be prescribed by the secretary, or may be required by law, and who shall act as the secretary of the interior in the absence of that officer.

Salary.

14 Stat. 515.

ditures of Indian

10. It shall hereafter be the duty of the officer in charge of the Indian bureau to 2 March 1867 23. report separately to congress, at the commencement of each December session, a tabular statement showing distinctly the separate objects of expenditure under his supervi- Report of expension, and how much disbursed for each object, describing the articles and the quantity bureau. of each, and giving the name of each person to whom any part was paid, and how nuch paid to him, and for what objects, so far as they relate to the disbursement of the funds hereinbefore or which shall be hereafter appropriated for the incidental, contingent or miscellaneous expenses of the Indian service, during the fiscal year next preceding each report.

11. The powers and duties devolving upon the secretary of the treasury, under and 27 July 1868 2 1.

15 Stat. 228.

terior.

by virtue of the fourth section of the act entitled "An act making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty Certain powersec stipulations with the various Indian tribes for the year ending June 30th 1849, and for retary of the inother purposes," approved July 29th 1848; (a) and the powers and duties devolving upon him under and by virtue of the laws relating to the investment of the moneys in behalf of the Cherokee Indians, from the sales of land under the treaties concluded at Pontotoc, October 20th 1832, (b) and at Washington city, May 24th 1834; (c) as also all other supervisory and appellate powers and duties in regard to Indian affairs, which may now by law be vested in the said secretary of the treasury shall, from and after the passage of this act, be exercised and performed by the secretary of the department of the interior.

12. There shall be a superintendent of the department of the interior, who shall be 10 April 18692 7.

16 Stat. 12.

ex officio captain of the watch, and who shall perform such other duties as may be assigned to him by the secretary of the interior, and who shall receive the same com- Superintendent, pensation as is provided by existing laws for the superintendent of the treasury compensation. building.