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Section 204, R.S. $ 5300, authorized the President to issue a proclamation commanding insurgents to disperse. See section 334 of Title 10.

of Pub. L. 89-670, which transferred Coast Guard to Department of Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of all other officers and of. fices of Department of the Treasury, and which provided that notwithstanding such transfer Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of authority vested in President by subsec. (a) of this section, see Ex. Ord. No. 10289, eff. Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY

SECRETARY OF THE TREASURY Administrative delegation of functions by Secretary of the Treasury, see note set out preceding section 3 of the Appendix to Title 46, Shipping.

CHAPTER 13_INSURRECTION

8 205. Suspension of commercial intercourse with

State in insurrection Whenever the President, in pursuance of the provisions of this chapter, has 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, ard when the 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 such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of 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 citi. zens 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 such State or section into the other parts of the United States, or proceeding from other parts of the United States 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. (R.S. $ 5301.)

Sec. 201 to 204. Repealed. 205. Suspension of commercial intercourse with

State in insurrection. 206. Suspension of commercial intercourse with

part of State in insurrection. 207. Persons affected by suspension of commer

cial intercourse. 208. Licensing or permitting commercial inter

course with State or region in insurrection. 209. Repealed. 210. Penalties for unauthorized trading, etc.; ju

risdiction of prosecutions. 211. Investigations to detect and prevent frauds

and abuses. 212. Confiscation of property employed to aid in

surrection. 213. Jurisdiction of confiscation proceedings. 214. Repealed. 215. Institution of confiscation proceedings. 216. Preventing transportation of goods to aid in

surrection. 217. Trading in captured or abandoned property. 218. Repealed. 219. Removal of customhouse and detention of

vessels thereat. 220. Enforcement of section 219. 221. Closing ports of entry; forfeiture of vessels

seeking to enter closed port. 222. Transferred. 223. Forfeiture of vessels owned by citizens of in

surrectionary States. 224. Refusing clearance to vessels with suspected

cargoes; forfeiture for departing without

clearance. 225. Bond to deliver cargo at destination named

in clearance. 226. Protection of liens on condemned vessels.

CODIFICATION R.S. $ 5301 derived from acts July 13, 1861, ch. 3, $ 5, 12 Stat. 257; July 31, 1861, ch. 32, 12 Stat. 284.

CROSS REFERENCES
Extension of this section to-

Parts of States, see section 206 of this title.
Persons in occupied territory and aliens, see sec-

tion 207 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 206, 223 of this title.

88 201 to 204. Repealed. Aug. 10, 1956, ch. 1041, 8 53,

70A Stat. 641

Section 201, R.S. $ 5297, provided for Federal aid for State Governments in case of an insurrection in any State. See section 331 of Title 10, Armed Forces.

Section 202, R.S. $ 5298, related to use of military and naval forces to enforce authority of Federal Gov. ernment. See section 332 of Title 10.

Section 203, R.S. $ 5299, related to denial by State of equal protection of laws and authorized the President to take measures for the suppression of any insurrec. tion, domestic violence, or combinations. See section 333 of Title 10.

8 206. Suspension of commercial intercourse with

part of State in insurrection Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith shall be subject to the prohibitions and conditions of section 205 of this title for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President. (R.S. $ 5302.)

CODIFICATION

8 209. Repealed. Pub. L. 89-554, 8 8(a), Sept. 6, 1966, R.S. $ 5302 derived from act July 2, 1864, ch. 225, § 5,

80 Stat. 632 13 Stat. 376.

Section, R.S. $ 5305, related to appointment of offi

cers to carry into effect licenses to trade in State or 8 207. Persons affected by suspension of commercial

region in an insurrection. intercourse

8 210. Penalties for unauthorized trading, etc.; jurisThe provisions of this chapter in relation to

diction of prosecutions commercial intercourse shall apply to all commercial intercourse by and between persons re Every officer of the United States, civil, milisiding or being within districts within the lines tary, or naval, and every sutler, soldier, marine, of national military occupation in the States or or other person, who takes, or causes to be parts of States declared in insurrection, wheth taken into a State declared to be in insurrecer with each other or with persons residing or tion, or to any other point to be thence taken being within districts declared in insurrection into such State, or who transports or sells, or and not within those lines; and all persons otherwise disposes of therein, any goods, wares, within the United States, not native or natural or merchandise whatsoever, except in pursuized citizens thereof, shall be subject to the ance of license and authority of the President, same prohibitions, in all commercial inter as provided in this chapter, or who makes any course with inhabitants of States or parts of false statement or representation upon which States declared in insurrection, as citizens of license and authority is granted for such transStates not declared to be in insurrection.

portation, sale, or other disposition, or who, (R.S. $ 5303.)

under any license or authority obtained, willful

ly and knowingly transports, sells, or otherwise CODIFICATION

disposes of any other goods, wares, or merchan

dise than such as are in good faith so licensed R.S. $ 5303 derived from act July 2, 1864, ch. 225, § 4, and authorized, or who willfully and knowingly 13 Stat. 376.

transports, sells, or disposes of the same, or any

portion thereof, in violation of the terms of 8 208. Licensing or permitting commercial inter

such license or authority, or of any rule or regcourse with State or region in insurrection

ulation prescribed by the Secretary of the The President may, in his discretion, license Treasury concerning the same, or who is guilty and permit commercial intercourse with any of any act of embezzlement, of willful misappart of such State or section, the inhabitants of propriation of public or private money or propwhich are so declared in a state of insurrection, erty, of keeping false accounts, or of willfully so far as may be necessary to authorize supply making any false returns, shall be deemed ing the necessities of loyal persons residing in guilty of a misdemeanor, and shall be fined not insurrectionary States, within the lines of more than $5,000, and imprisoned in the peniactual occupation by the military forces of the tentiary not more than three years. Violations United States, as indicated by published order

of this section shall be cognizable before any of the commanding general of the department court, civil or military, competent to try the or district so occupied; and, also, so far as may

same. be necessary to authorize persons residing

(R.S. $ 5306.) within such lines to bring or send to market in the loyal States any products which they shall

CODIFICATION have produced with their own labor or the

R.S. $ 5306 derived from act July 2, 1864, ch. 225, labor of freedmen, or others employed and paid

$ 10, 13 Stat. 377. by them, pursuant to rules relating thereto, which may be established under proper author 8 211. Investigations to detect and prevent frauds and ity. And no goods, wares, or merchandise shall abuses be taken into a State declared in insurrection, or transported therein, except to and from such

It shall be the duty of the Secretary of the places and to such monthly amounts as shall

Treasury, from time to time, to institute such have been previously agreed upon, in writing,

investigations as may be necessary to detect by the commanding general of the department

and prevent frauds and abuses in any trade or in which such places are situated, and an offi

transactions which may be licensed between incer designated by the Secretary of the Treasury

habitants of loyal States and of States in insurfor that purpose. Such commercial intercourse

rection. And the agents making such investigashall be in such articles and for such time and

tions shall have power to compel the attendby such persons as the President, in his discre

ance of witnesses, and to make examinations on

oath, tion, may think most conducive to the public interest; and, so far as by him licensed, shall be (R.S. $ 5307.) conducted and carried on only in pursuance of rules and regulations prescribed by the Secre

CODIFICATION tary of the Treasury.

R.S. $5307 derived from act July 2, 1864, ch. 225,

$ 10, 13 Stat. 377. (R.S. $ 5304.)

CROSS REFERENCES
CODIFICATION

Authority of any employee of any Department deR.S. $ 5304 derived from acts July 13, 1861, ch. 3, § 5, tailed to investigate frauds on the Government, or any 12 Stat. 257; July 2, 1864, ch. 225, § 9, 13 Stat. 377. official misconduct, to administer oaths to witnesses,

CODIFICATION

see section 303 of Title 5, Government Organization and Employees.

R.S. $ 5311 derived from act Aug. 6, 1861, ch. 60, § 3, 12 Stat. 319.

CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorney" for "attorney of the United States". See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.

8212. Confiscation of property employed to aid insur

rection Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned. (R.S. $ 5308.)

CODIFICATION R.S. $5308 derived from act Aug. 6, 1861, ch. 60, $ 1, 12 Stat. 319.

8 216. Preventing transportation of goods to aid in

surrection The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turnpike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to believe that such property is intended for any place in the possession or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is further authorized, in all cases where he deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this section; and if any property is transported in violation of this chapter, or of any regulation of the Secretary of the Treasury, established in pursuance thereof, or if any attempt shall be made so to transport any, it shall be forfeited. (R.S. $ 5312.)

CODIFICATION R.S. $ 5312 derived from act May 20, 1862, ch. 81, $ 3, 12 Stat. 404.

8 213. Jurisdiction of confiscation proceedings

Such prizes and capture shall be condemned in the district court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted. (R.S. $ 5309; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 253; Mar. 3, 1911, ch. 231, $ 291, 36 Stat. 1167.)

CODIFICATION R.S. $ 5309 derived derived from act Aug. 6, 1861, ch. 60, $ 2, 12 Stat. 319.

Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.

AMENDMENTS 1877-Act Feb. 27, 1877, inserted "may" after “any district in which the same".

8 214. Repealed. Aug. 10, 1956, ch. 1041, 8 53, 70A Stat.

641 Section, R.S. $ 5310, provided that property taken on inland waters of the United States was not a maritime prize. See section 7651 of Title 10, Armed Forces.

8 215. Institution of confiscation proceedings

The Attorney General, or the United States attorney for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in 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. (R.S. $ 5311; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)

8 217. Trading in captured or abandoned property

All persons in the military or naval service of the United States are prohibited from buying or selling, trading, or in any way dealing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this chapter, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same. (R.S. & 5313.)

CODIFICATION R.S. $ 5313 derived from act July 2, 1864, ch. 225, $ 10, 13 Stat. 377.

CROSS REFERENCES Dealing in captured or abandoned property to be punishable as a court-martial may direct, see section 903 of Title 10, Armed Forces.

1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 220, 221 of this title.

§ 218. Repealed. Pub. L. 89-554, 8 8(a), Sept. 6, 1966,

80 Stat. 632

Section, R.S. $ 5314; act Mar. 2, 1929, ch. 510, § 1, 45 Stat. 1496, related to authority of President in collection of duties to change ports of entry in case of insurrection.

8 220. Enforcement of section 219

It shall be unlawful to take any vessel or cargo detained under section 219 of this title 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, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof. (R.S. $ 5316.)

CODIFICATION R.S. $ 5316 derived from act July 12, 1861, ch. 3, § 3, 12 Stat. 256.

8 219. Removal of customhouse and detention of ves

sels thereat Whenever, at any port of entry, the duties on imports cannot, in the judgment of the President, be collected in the ordinary way, or by the course provided in section 218 1 of this title, by reason of the cause mentioned in said section, he may direct that the customhouse for the district be established in any secure place within the district, either on land or on board any vessel in the 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 the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstructions to the execution of the laws exist, the master 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 the Secretary of the Treasury, with the approval of the President, shall 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. (R.S. $ 5315.)

REFERENCES IN TEXT Section 218 of this title, referred to in text, was repealed by Pub. L. 89-554, $ 8(a), Sept. 6, 1966, 80 Stat. 632.

TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 221 of this title.

CODIFICATION R.S. $ 5315 derived from acts July 13, 1861, ch. 3, & 2, 12 Stat. 256; Mar. 3, 1875, ch. 136, § 2, 18 Stat. 469.

TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of mer. chandise of the Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.

8 221. Closing ports of entry; forfeiture of vessels

seeking to enter closed port Whenever, in any collection district, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, nor in the manner provided by sections 218 1 to 220 of this title, by reason of the cause mentioned in section 218 of this title, the President may close the port of entry in that district; and shall 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 it is opened by the order of the President on the cessation of such obstructions. Every vessel from beyond the United States, or having on board any mer

"See References in Text note below.

I See References in Text note below.

chandise liable to duty, which attempts to enter

CODIFICATION any port which has been closed under this sec

R.S. $ 5320 derived from act May 20, 1862, ch. 81, $ 1, tion, shall, with her tackle, apparel, furniture, 12 Stat. 404. and cargo, be forfeited. (R.S. $ 5317.)

8 225. Bond to deliver cargo at destination named in

clearance REFERENCES IN TEXT

Whenever a permit or clearance is granted for Section 218 of this title, referred to in text, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat.

either a foreign or domestic port, it shall be 632.

lawful for the collector of the customs granting CODIFICATION

the same, if he deems it necessary, under the R.S. $ 5317 derived from act July 12, 1861, ch. 3, § 4,

circumstances of the case, to require a bond to 12 Stat. 256.

be executed by the master or the owner of the

vessel, in a penalty equal to the value of the TRANSFER OF FUNCTIONS

cargo, and with sureties to the satisfaction of All offices of collector of customs, comptroller of such collector, that the cargo shall be delivered customs, surveyor of customs, and appraiser of mer at the destination for which it is cleared or perchandise of Bureau of Customs of Department of the

mitted, and that no part thereof shall be used Treasury to which appointments were required to be

in affording aid or comfort to any person or made by President with advice and consent of Senate ordered abolished, with such offices to be terminated

parties in insurrection against the authority of not later than Dec. 31, 1966, by Reorg. Plan No. 1, of

the United States. 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set

(R.S. $ 5321.) out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminat

CODIFICATION ed were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. R.S. $ 5321 derived from act May 20, 1862, ch. 81, 82, 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

12 Stat. 404. 8 222. Transferred

TRANSFER OF FUNCTIONS
CODIFICATION

All offices of collector of customs, comptroller of

customs, surveyor of customs, and appraiser of merSection, R.S. $ 5318; act Jan. 28, 1915, ch. 20, § 1, 38 chandise of Bureau of Customs of Department of the Stat. 800, related to use of auxiliary vessels to enforce

Treasury to which appointments were required to be this chapter and was transferred to section 540 of

made by President with advice and consent of Senate Title 19, Customs Duties.

ordered abolished, with such offices to be terminated

not later than December 31, 1966, by Reorg. Plan No. 8 223. Forfeiture of vessels owned by citizens of in

1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. surrectionary States

1317, set out in the Appendix to Title 5, Government

Organization and Employees. All functions of offices From and after fifteen days after the issuing

eliminated were already vested in Secretary of the of the proclamation, as provided in section 205

Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, of this title, any vessel belonging in whole or in

1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appenpart to any citizen or inhabitant of such State dix to Title 5. or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, 8 226. Protection of liens on condemned vessels or in any port of the rest of the United States, shall be forfeited.

In all cases wherein any vessel, or other prop

erty, is condemned in any proceeding by virtue (R.S. $ 5319.)

of any laws relating to insurrection or rebellion, CODIFICATION

the court rendering judgment of condemnation R.S. $ 5319 derived from act July 12, 1861, ch. 3, $7, shall, notwithstanding such condemnation, and 12 Stat. 257.

before awarding such vessel, or other property,

or the proceeds thereof, to the United States, 8 224. Refusing clearance to vessels with suspected cargoes; forfeiture for departing without clear.

or to any informer, first provide for the pay

ment, out of the proceeds of such vessel, or ance

other property, of any bona fide claims which The Secretary of the Treasury is authorized shall be filed by any loyal citizen of the United to refuse a clearance to any vessel or other ve States, or of any foreign state or power at peace hicle laden with merchandise, destined for a and amity with the United States, intervening foreign or domestic port, whenever he shall in such proceeding, and which shall be duly eshave satisfactory reason to believe that such tablished by evidence, as a valid claim against merchandise, or any part thereof, whatever such vessel, or other property, under the laws may be its ostensible destination, is intended of the United States or of any State thereof not for ports in possession or under control of in- declared to be in insurrection. No such claim surgents against the United States, and if any shall be allowed in any case where the claimant vessel for which a clearance or permit has been has knowingly participated in the illegal use of refused by the Secretary of the Treasury, or by such ship, vessel, or other property. This sechis order, shall depart or attempt to depart for tion shall extend to such claims only as might a foreign or domestic port without being duly have been enforced specifically against such cleared or permitted, such vessel, with her vessel, or other property, in any State not detackle, apparel, furniture, and cargo, shall be clared to be in insurrection, wherein such claim forfeited.

arose. (R.S. $ 5320.)

(R.S. § 5322.)

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