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any vessel in said district or at sea near the coast; and in such case the collector shall 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 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, 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. And be it further enacted, That it shall be unlawful to take any 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 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. 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 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 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 obstructions; 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, in pursuance of the provisions of the second section of the act entitled “ An act to provide for the calling forth of 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 28, 1795, 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 not 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 intercourse 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, 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 his 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 may 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 days 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 State 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 provisions 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 penalties incurred by virtue of this act may be mitigated and remitted, in pursuance of the authority vested in the Secretary of the Treasury by the act entitled "An act providing for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases 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. 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.
TIE TARIFF ACT OF AUGUST, 1861.
AN ACT TO PROVIDE INCREASED REVENUE FROM IMPORTS, TO PAY THE
INTEREST ON THE PUBLIC DEBT, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the date of the passage of this act, in lieu of the duties heretofore imposed by law on the articles hereinafter mentioned, and on such as may now be exempt from duty, there shall be levied, collected and paid, on the goods, wares and merchandise herein enumerated and provided for, imported from foreign countries, the following duties and rates of duty, that is to say:
First. On Raw Sugar, commonly called Muscovado or Brown Sugar, and on Sugars not advanced above No. 12, Dutch standard, by claying, boiling, clarifying or other process, and on Syrup of Sugar, or of Sugar Cane and Concentrated Molasses, or Concentrated Melado, 2 cents per pound; and on White and Clayed Sugar, when advanced beyond the raw state, above No. 12, Dutch standard, by clarifying or other process, and not yet refined, 21 cents per pound; on Refined Sugars, whether loaf, lump, crushed or pulverized, 4 cents per pound; on Sugars, after being refined, when they are tinctured, colored or in any way adulterated, and on Sugar Candy, 6 cents per pound.
On Molasses, 5 cents per gallon.
Provided, That all Syrups of Sugar or of Sugar Cane, Concentrated Molasses or Melado, entered under the name of Molasses, or any other name than Syrup of Sugar or of Sugar Cane, Concentrated Molasses or Concentrated Melado, shall be liable to forfeiture to the United States.
On all Teas, 15 cents per pound.
On Cocoa, 3 cents per pound; on Cocoa Leaves and Cocoa Shells, 2 cents per pound; on Cocoa, prepared or manufactured, 8 cents per pound.
On Chicory Root, 1 cent per pound; and on Chicory, ground, 2 cents per pound.
On Chocolate, 6 cents per pound.
On Cayenne Pepper, 6 cents per pound; on Cayenne Pepper, ground, 8 cents per pound.
On Currants, 5 cents per pound.
On Tartaric Acid and Tartar Emetic and Rochelle Salts, 10 cents per pound.
On Dates, 2 cents per pound.
On Ginger Root, 3 cents per pound; on Ginger, ground, 5 cents per pound.
On Liquorice Paste and Juice, 5 cents per pound; Liquorice Root, 1 cent per pound.
On Mace and Nutmegs, 25 cents per pound. On Nuts of all kinds, not otherwise provided for, 2 cents per pound. On Pepper, 6 cents per pound. On Pimento, 6 cents per pound. On Plums, 5 cents per pound. On Prunes, 5 cents per pound. On Raisins, 5 cents per pound. On unmanufactured Russia Hemp, $40 per ton; on Manilla and other Hemps of India, $25 per ton.
On Lead, in pigs or bars, $1 50 per 100 pounds; in sheets, $2 25 per 100 pounds; on White Lead, dry or ground in oil, and Red Lead, $2 25 per 100 pounds.
On Salt, in sacks, 18 cents per 100 pounds, and in bulk, 12 cents per 100 pounds.
On Soda Ash, cent per pound; on Bicarbonate of Soda, 1 cent per pound; on Sal Soda, 4 cent per pound; on Caustic Soda, 1 cent per pound.
On Chloride of Lime, 30 cents per one hundred pounds.
On Saltpetre, crude, 1 cent per pound; refined or partially refined, 2 cents per pound.
On Spirits of Turpentine, 10 cents per gallon.
On Gum Copal, and other Gums or resinous substances used for the same or similar purposes as Gum Copal, 10 cents per pound.
Sec. 2. And be it further enacted, That, from and after the day and year aforesaid, there shall be levied, collected and paid, on the importation of the articles hereinafter mentioned, the following duties, that is to
On Arrow Root, 20 per centum ad valorem.
On Peruvian Bark, 15 per centum ad valorem,
On Ivory unmanufactured, and on vegetable Ivory, 10 per centum ad valorem.
On Wines of all kinds, 50 per centum ad valorem.
On Silk in the gum, not more advanced in the manufacture than singles, tram, and thrown or organzine, 25 per centum ad valorem.
On all Silks valued at not over $1 per square yard, 30 per centum ad valorem.
On all Silks valued at over $1 per square yard, 40 per centum ad valorem.
On all Silk Velvets, or Velvets of which Silk is the component material of chief value, valued at $3 per square yard or under, 35 per centum ad valorem ; valued at over $3 per square yard, 40 per centum ad valorem.
On Floss Silks, 30 per centum ad valorem.
On Silk Ribbons, Galloons, Braids, Fringes, Laces, Tassels, Buttons, Button Cloths, Trimmings, and on Silk Twist, Twist composed of Mohair and Silk, Sewing Silk in the gum or purified, and all other manufactures of Silk, or of which Silk shall be the component material of chief value, not otherwise provided for, 40 per centum ad valorem.
3. And be it further enacted, That all articles, goods, wares and merchandise, imported from beyond the Cape of Good Hope in foreign vessels, not entitled by reciprocal treaties to be exempt from discriminating duties, tonnage and other charges, and all other articles, goods, wares and merchandise, not imported direct from the place of their growth or production, or in foreign vessels, entitled by reciprocal treaties to be exempt from discriminating duties, tonnage and other charges, shall be subject to pay, in addition to the duties imposed by this act, 10 per centum ad valorem. Provided, That this rule shall not apply to goods, wares and merchandise imported from beyond the Cape of Good Hope in American vessels.
Sec. 4. And be it further enacted, That from and after the passage of this act, there shall be allowed on all articles wholly manufactured of materials imported, on which duties have been paid, when exported, a drawback equal in amount to the duty paid on such materials, and no more, to be ascertained under such regulations as shall be prescribed by the Secretary of the Treasury: Provided, That 10 per centum on the amount of all drawbacks, so allowed, shall be retained for the use of the United States, by the collectors paying such drawbacks respectively.
Sec. 5. And be it further enacted, That all goods, wares and merchandise actually on shipboard and bound to the United States, and all goods, wares and merchandise on deposit in warehouses or public stores at the date of the passage of this act, shall be subject to pay such duties as provided by law before and at the time of the passage of this act : And provided further, That all goods deposited in public store or bonded warehouse after this act takes effect and goes into operation, if designed for consumption in the United States, must be withdrawn therefrom, or the duties thereon paid in three months after the same are deposited; and goods designed for exportation and consumption in foreign countries may be withdrawn by the owner at any time before the expiration of three years after the same are deposited; such goods, if not withdrawn in three years, to be regarded as abandoned to the government, and sold under such regulations as the Secretary of the Treasury may prescribe, and the proceeds paid into the Treasury: Provided, That merchandise, upon which the owner may have neglected to pay duties within three months from the time of its deposit, may be withdrawn and entered for consumption at any time within two years of the time of its deposit, upon the payment of the legal duties,