Lawful ex

port trade not

with.

title, the court, in its discretion, may direct that it be delivered to the owners thereof or to the claimants thereof.

SEC. 6. Except in those cases in which the exportation interfered of arms and munitions of war or other articles is forbidden by proclamation or otherwise by the President, as provided in section one of this title, nothing herein contained shall be construed to extend to, or interfere with any trade in such commodities, conducted with any foreign port or place wheresoever, or with any other trade which might have been lawfully carried on before the passage of this title, under the law of nations, or under the treaties or conventions entered into by the United States, or under the laws thereof.

release property.

of

Discretionary SEC. 7. Upon payment of the costs and legal expenses incurred in any such summary trial for possession or libel proceedings, the President is hereby authorized, in his discretion, to order the release and restoration to the owner or claimant, as the case may be, of any property seized or condemned under the provisions of this title. Enforcement SEC. 8. The President may employ such part of the land or naval forces of the United States as he may deem necessary to carry out the purposes of this title.

by the President.

Unlawful ex

ports in time

of war.

Exporting ar

TITLE VII.

CERTAIN EXPORTS IN TIME OF WAR UNLAWFUL.1

SECTION 1. Whenever during the present war the ed in procla- President shall find that the public safety shall so re

ticles prohibit

mation of the

lawful.

President, un-quire, and shall make proclamation thereof, it shall be Proclama unlawful to export from or ship from or take out of the tions PP. 39, United States to any country named in such proclama

pp. 47, 50.

1 See Presidential Proclamation No. 1385, July 9, 1917 [p. 130]; No. 1391, August 27, 1917 [p. 132]; No. 1392, September 7, 1917 [p. 135]; No. 1410, November 28, 1917 [p. 147]; and see Executive Orders No. 2645, June 22, 1917 [p. 170]; No. 2697, Sept. 7, 1917 [p. 178]; No. 2729-A, II, October 12, 1917 [p. 180]; No. 2796, January 26, 1918 [p. 191].

Resolutions of the Continental Congress.

See Resolutions modifying non-exportation agreement, July 15, 1775, II Journals of the Continental Congress [Library of Congress] 184 [p. 202]; Resolution providing for the publication of the last foregoing, October 26, 1775, III id. 306 [p. 202]; Resolution regarding exports and imports, April 6, 1776, IV id. 257 [p. 205]; Resolution regarding price fixing, June 4, 1778, XI id. 569 [p. 218]; Resolutions regarding forestalling, engrossing, and speculating, October 2, 1778, XII id. 974 [p. 220].

Revolutionary War Statutes.

Connecticut: See Act in addition to and for the alteration of some parts of the law of this state relating to embargoes, Acts and Laws of Connecticut, October, 1777, p. 478 [p. 230].

tion any article or articles mentioned in such proclamation, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, Proviso. however, That no preference shall be given to the ports ences forbidof one State over those of another.

Delaware: See Act to prohibit exportation of provisions from this state beyond the seas for a limited time, Acts of General Assembly of Delaware, 3d Sess., December 9, 1778 [p. 246]; Act to prohibit the exportation of provisions from this state beyond the seas for a limited time, id. 4th Sess., December 25, 1779 [p. 255]; Act to prohibit the exportation of provisions from this state beyond the seas for a limited time, id. 4th Sess., June, 1780 [p. 274].

Maryland: See Act to punish forestalling and engrossing, and for other purposes, Laws of the State of Maryland, June session, 1777, c. XI [p. 296]; Act to amend the law to punish forestalling and engrossing, and for other purposes, October session, 1777, id. c. XI [p. 300]; Act to prohibit, for a limited time, the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, and other victual, Laws of the State of Maryland, 1778, June Session, c. 3 [p. 311]; Same, 1778, October Session, c. III [p. 313]; Act to prevent forestalling and engrossing, and for other purposes therein mentioned, 1778, October Session, c. VIII [p. 322]; Act for enlarging the powers of the Governor and Council, id. 1778, October session, c. X [p. 331]; Act to prohibit, for a limited time, the exportation of wheat, flour, rye, Indian corn, rice, bread, beef, pork, bacon, live stock, peas, beans, oats, and other victual, id. 1779, July Session, c. VII [p. 338]; Same, id. 1779, November Session, c. XVI [p. 358]; Act for enlarging the powers of the Governor and Council, id. 1779, November Session, c. XVII [p. 368]; Last two foregoing acts continued, id. 1780, March Session, c. XXI [p. 388]; Act continuing for a limited time the Act prohibiting the exportation of wheat, flour, rye, etc. [supra], id. 1780, June Session, c. XVII [p. 389]; Act to prohibit the exportation of Indian corn, wheat, wheat flour, and fresh provisions, by land, for a limited time, id. 1780, October Session, c. XIV [p. 391]; Act to encourage the importation and manufacturing of salt within this state, id. 1780, October Session, c. XX [p. 395]; Act to continue the next to last foregoing act, id. 1780, October Session, c. XXXV [p. 398]; Act to continue an act imposing limitations upon exports, id. 1780, October Session, c. XXXVI [p. 404]; Act to prevent the exportation of bread and flour not merchantable, and for other purposes, id. 1781, October Session, c. XII [p. 410]; Act to prevent the exportation of bread and flour not merchantable, id. 1782, April Session, c. V [p. 417].

Massachusetts: See Act to prohibit the exportation of lumber for a limited time, Original Acts, 1776, May Session, p. 73 [p. 418]; Act to prevent the exportation of masts and spars, of certain dimensions, for a limited time, id. 1779, January Session, p. 219 [p. 444]; Act to prevent sundry articles being exported from this to the neighboring states, id. 1779, September Session, p. 253 [p. 447]; Act in addition to an act entitled "An act to prevent sundry articles being exported from this to the neighboring states," id. 1779, September Session, p. 255 [p. 450]; Act repealing resolves prohibiting exportation of articles to either of the United States by land, id. 1780, May Session, p. 314 [p. 453]; Act continuing an Act for preventing exportations of spars and masts, 1780, id. p. 316 [p. 454]; Act for preventing all commerce and illegal correspondence with the enemies of the United States of America, Original Acts and Laws, 1781, January Session, p. 45 [p. 457]; Act in addition to the last foregoing, id. 1781, April Session, p. 55 [p. 461]; Act reviving an act preventing exportation of masts and spars, id. 1781, May Session, p. 75 [p. 464]; Act repealing the several laws prohibiting the exportation of provisions and masts and 'spars out of this state, id. 1782, January Session, p. 111 [p. 465].

Port prefer

den.

Punishment for violations.

SEC. 2. Any person who shall export, ship, or take out, or deliver or attempt to deliver for export, shipment, or taking out, any article in violation of this title, or of any regulation or order made hereunder, shall be fined not more than $10,000, or, if a natural person, of imprisoned for not more than two years, or both; and any article so delivered or exported, shipped, or taken

Seizure and. forfeiture articles.

New Hampshire: See Act to encourage fair dealing and to restrain and punish sharpers and oppressors, 4 Metcalf's Laws of New Hampshire, p. 139 [p. 478]; Act to prevent the transportation of live cattle, beef, rum, and molasses, out of this state, id. p. 289 [p. 481].

New Jersey: See Act to prohibit the exportation of provisions, and other articles therein mentioned, Acts of the State of New Jersey, February 20, 1777, c. 13 [p. 496]; Act to restrain the exportation of pitch, tar, turpentine, and other naval stores, from the State of New Jersey, id. September 20, 1777, c. 42 [p. 498]; Act to prohibit the exportation of provisions from the State of New Jersey, id. June 20, 1778, c. 33 [p. 528]; Act to revive and continue an act entitled “An act to prohibit the exportation of provisions from the State of New Jersey," id. November 26, 1778, c. 2 [p 531]; Act to continue an act entitled "An act to prohibit the exportation of provisions from the State of New Jersey," id. December 25, 1779, c. 18 [p. 553]; Act to revive and continue the act entitled "An act to prohibit the exportation of provisions from the State of New Jersey," id. June 17, 1780, c. 54 [p. 561]; Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. II, p. 195 [p. 581]. New York: See Act to prevent the exportation of flour, meal, and grain out of this state; 1778, 1 Cook's N. Y. Laws 18 [p. 582]; Act to amend the foregoing act, 1779, id. p. 627 [p. 627]; Act to repeal the laws prohibiting the exportation of flour, meal, and grain out of this state, 1780, id. p. 292 [p. 659]; Act authorizing certain persons to make contracts on behalf of this state, with respect to provisions to be procured within the same, for public uses, 1780, id. p. 318 [p. 665]; Act effectually to lay an embargo on the exportation of flour, meal, and wheat out of this state, 1781, id. p. 339 [p. 667]; Act explaining the last foregoing act, 1781, id. p. 346 [p. 671]; Act repealing all embargo laws, etc., 1781, id. p. 383 [p. 672].

North Carolina: See Act to prohibit the exportation of beef, pork, bacon, and Indian corn, 24 Clark's Laws of North Carolina (1778) c. 12, p. 168 [p. 678]; Act more effectually to prevent engrossing and forestalling, etc., id. 1780, c. 4, p. 318 [p. 680]; Act directing the duty of the naval officers and for prohibiting the exportation of provisions for a limited time, and for other purposes, 24 Clark's Laws of North Carolina (1781), c. 8, p. 401 [p. 693].

Pennsylvania: See Act to prevent the exportation of provisions from the State of Pennsylvania for a limited time, 1778, 9 Stats. at L. 272 [p. 734]; Same, 1778, id. p. 294 [p. 739]; Supplement to act entitled "an Act to prohibit for a limited time the making of whiskey and other spirits from wheat, rye or any other sort of grain or from any meal or flour," 1779, id. p. 317 [p. 745]; Act for supplying the army of the United States, and for other purposes therein mentioned, 1779, id. p. 373 [p. 751]; Act regarding exportation of non-merchantable bread and flour, 1779, id. p. 411 [p. 755]; Act for laying an embargo on the exportation of provisions from this state by sea for a limited time, 1780, 10 Stats. at L. 43 [p. 781]; Act to revive and continue for a further limited time the act for laying an embargo on the exportation of provisions from this state by sea, for a limited time, 1780, id. p. 227 [p. 794]; Act to permit the exportation of flour of wheat from this state by sea under certain limitations and restrictions, 1780, id. p. 243 [p. 7981; Act repealing parts of the foregoing, 1781, id. p. 266 [p. 802]; Act to prevent the exportation of bread and flour not merchant

out. or so attempted to be delivered or exported, shipped, or taken out, shall be seized and forfeited to the United States; and any officer, director, or agent of a corporation who participates in any such violation shall be liable to like fine or imprisonment, or both.

Liability of corporations.

Clearance refused vessel carrying pro

SEC. 3. Whenever there is reasonable cause to believe that any vessel, domestic or foreign, is about to carry hibited articles.

able and for repealing at a certain time all the laws heretofore made for that purpose, 1781, id. p. 288 [p. 803]; Supplement to an act entitled "An act to permit the exportation of flour of wheat from this state by sea, under certain limitations and restrictions," 1781, id. p. 325 [p. 811]; Act supplemental to an act entitled "An act to prevent the exportation of bread and flour not merchantable, and for repealing at a certain time all the laws made for that purpose," 1781, id. p. 379 [p. 815].

Rhode Island: See Act for encouraging the manufacture of saltpeter and gunpowder, January, 1776, Laws of Rhode Island, p. 246 [p. 819]; Act prohibiting export of enumerated articles, Laws of Rhode Island, May, 1777, p. 14 [p. 834]; Act laying embargo repealed in part, id. June, 1777, p. 31 [p. 851]; Act laying embargo wholly repealed, id. August, 1777, p. 7 [p. 851]; Act laying an embargo on provisions, id. June, 1778, p. 7 [p. 855]; Act laying an embargo, id. October, 1779, p. 9 [p. 860]; Last foregoing act repealed, id. February, 1780, p. 9 [p. 863]; Act re-imposing embargo, id. February, 1780, p. 13 [p. 863].

South Carolina: See Ordinance for prohibiting the exportation of all kinds of provisions, hemp, and cordage, etc., 1778, 4 Cooper's Stats. at L. 447 [p. 896]; Same as above, but adding raw hides, tanned leather, salt, butter, and tallow, 1779, 4 Cooper's Stats. at L. 480 [p. 899]; Ordinance for laying on a General Embargo for the time therein limited, 1780, 4 Cooper's Stats. at L. 507 [p. 904].

Vermont: See Act to prevent the selling or transporting raw or untanned hides or skins out of this state, Acts and Laws of Vermont, 1779, p. 102 [p. 906]; Act to prevent transporting provisions out of this state, Acts and Laws, Vermont, 1780, October [p. 906]; Act reviving and continuing Act passed at Westminster March, 1780 [This act not to be found in "Acts and Laws of Vermont "1, to prevent transporting provisions out of this state. id. (date of passage not given) [p. 911]; Act to prevent transporting provisions out of this state, id. October, 1780 [p. 912]; Same, id. June, 1781 [p 913].

Virginia: See Act regarding public tobacco warehouses, prohibiting export of tobacco to Great Britain, 9 Hening's Stats. at L. 162 [p. 919]; Act for the appointment of naval officers, etc., 1776, id. p. 184 [p. 920]; Act for the inspection of pork, beef, flour, tar, pitch, and turpentine, 1776, id. p. 250 [p. 932]; Act to prohibit the exportation of beef, pork, and bacon for a limited time, 1777, id. p. 385 [p. 944]; Act for the more effectual execution of an act entitled An act to empower the Governor and Council to lay an embargo for a limited time, 1778, id. p. 474 [p. 947]; Act to empower the Governor and Council to lay an embargo for a limited time, 1778, id. p. 530 [p. 950]; Act continuing last named act, 1779, 10 Hening's Stats. at L. 105 [p. 956]; Same, 1779, id. p. 140 [p. 957]: Act for laying an embargo on salt, and for other purposes, 1779. id. p. 149 [p. 958]; Act to revive and amend an act entitled "An act for the inspection of pork, beef, flour, tar, pitch, and turpentine, 1780, id. p. 290 [p. 967]; Act for further continuing an act entitled "An act to empower the Governor and Council to lay an embargo for a limited time, 1780, id. p. 376 [p. 977]; Act for the more effectual and speedy clothing of the army, 1780, id. p. 376 [p. 979]; Act further continuing act to em37639-18- 3

domestic ves

out of the United States any article or articles in violation of the provisions of this title, the collector of customs for the district in which such vessel is located is hereby authorized and empowered, subject to review by Departure of the Secretary of Commerce, to refuse clearance to any sel forbidden. such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or power the governor and council to lay an embargo for a limited time, 1781, id. p. 423 [p. 983]; Same, 1781, id. p. 443 [p. 985].

Federal Statutes-War of 1812.

See Act laying an embargo on all ships and vessels in the ports and harbors of the United States, for a limited time, April 4, 1812, 2 Stats. 700 [p. 990]; Act to prohibit the exportation of specie, goods, wares, and merchandise, for a limited time, April 14, 1812, 2 Stats. 707 [p. 992]; Act authorizing the departure of ships and vessels from the ports and harbors of the United States, in certain cases, April 27, 1812, 2 Stais. 719 [p. 994]; Act to extend the time for exporting, with privilege of draw-back, goods, wares, and merchandise entitled thereto by law, June 10, 1812, 2 Stats. 748 [p. 994]; Act concerning letters of marque, prizes, and prize goods, Sec. 16, June 26, 1812, 2 Stats. 759, 763 [p. 995]; Act to admit the entry of vessels of the United States on certain conditions, July 5, 1812, 2 Stats. 776 [p. 995]; Act to prohibit American vessels from proceeding to or trading with the enemies of the United States, and for other purposes, July 6, 1812, 2 Stats. 778 [p. 996]; Act laying an embargo on all ships and vessels in the ports and harbors of the United States, December 17, 1813, 3 Stats. 88 [p. 1003]; Act to provide for the return to their own districts of vessels detained by the embargo in districts other than those where they are respectively owned or belong, March 4, 1814, 3 Stats. 98 [p. 1012]; Act to repeal an act entitled An Act laying an embargo on all ships and vessels in the ports and harbors of the United States," and so much of any act or acts as prohibit the importation of goods, wares, and merchandise of the growth, produce, or manufacture of Great Britain or Ireland or any of the colonies or dependencies thereof, or of any place or country in the actual possession of Great Britain," April 14, 1814, 3 Stats. 123 [p. 1014]; Act to prohibit intercourse with the enemy and for other purposes, Feb. 4, 1815, 3 Stats. 195 [p. 1015].

Confederate Statutes-Civil War.

an

See Act to prohibit the exportation of cotton from the Confederate States except through the seaports of said States; and to punish persons offending therein, May 21, 1861, Provisional Congress, Sess. II, c. 55, p. 152 [p. 1028]; Act to extend the provisions of an Act entitled Act to prohibit the exportation of cotton from the Confederate States, except through the seaports of said states, and to punish persons offending therein," approved May 21, 1861, August 2, 1861, id. Sess. III, c. 9, p. 170 [p. 1029]; Act to amend the law in relation to the export of tobacco and other commodities, August 16. 1861, id. Sess. III, c. 22, p. 176 [p 1030]; Act to prohibit the transportation or sale of certain articles from any port or place within the Confederate states in the possession of the enemy, and to prohibit the sale, barter, or exchange of certain articles therein named, to alien or domestic enemies, April 19, 1862, First Congress, Sess. I, c. 58, p. 46 [p. 1033]; Bill to impose regulations on the foreign commerce of the Confederate States to provide for the public defence, February 6, 1864, id. Sess. IV, c. 24, p. 181 [p. 1043].

Federal Statutes--Civil War.

See Act providing for the collection of duties on imports, and for other purposes, Sec. 5-9, inc., July 13, 1861, 12 Stats. 255, 257 [p. 1052].