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Lot 266
Lincoln Admin. Clarifies Powers of Seizure of Property Belonging to Insurrectionists
Description:

Lincoln Admin. Clarifies Powers of Seizure of Property Belonging to Insurrectionists

This circular letter clarified the implications of Acts of Congress from July and August regarding the seizure of property that was part of trade with areas designated by the President as in insurrection.

Throughout the Civil War, the Treasury Department had to maintain a delicate balance between trade that would encourage and strengthen Unionist elements in areas occupied by Union forces and trade that would benefit the Confederacy. It carefully monitored the sale of cotton to prevent such sales from providing the rebellious areas with much-needed gold and silver while also allowing northern merchants to buy and sell in war-ravaged areas under Union control. This circular to collectors of customs attempted to clarify this balance of vigorous enforcement without venturing into unwarranted seizures.

[TREASURY DEPARTMENT.] Salmon P. Chase, Circular Letter, Printed Letter Signed in Type, September 21, 1861. 1 p., 8" x 10". Includes handwritten note in margin, "Receid Oct 3, 1861. / C. Almy, Coll." Pinholes in left margin for binding; very good.

Excerpt
"In order to prevent seizures of property belonging to citizens of insurrectionary States not warranted by the acts of Congress relating to that subject, it is thought advisable to direct the special attention of the officers of the customs to the provisions of these acts.
"The 5th section of the act of July 13 provides, that all goods and chattels, wares and merchandise, coming from or proceeding to a State or place declared by Proclamation of the President to be in insurrection, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or place, shall be forfeited to the United States.
"This section obviously applies to all property in transit, or purchased or provided with a view to transit, between loyal and disloyal States; and especially to property forming the subject of commercial intercourse. Such property, wherever found, is liable to seizure, and the only redress of parties who think themselves aggrieved is by appeal to the Secretary of Treasury, who is invested by law with full power of mitigation and remission."

"It will be seen from an inspection of these provisions of the acts of Congress that no property is confiscated or subjected to forfeiture except such as is in transit, or provided for transit, to or from insurrectionary States, or used for the promotion of the insurrection. The only exception to this rule of forfeiture is that, made by the 5th section, of ships belonging, in whole or in part, to citizens of a State in insurrection, which are declared to be forfeited after fifteen days from the date of proclamation, without reference to actual or intended use. Real estate, bonds, promissory notes, moneys in deposit, and the like, are, therefore, not subject to seizure or confiscation in the absence of evidence of such unlawful use. All officers, while vigilant in the prevention of the conveyance of property to or from insurrectionary States, or the use of it for insurrectionary purposes, are expected to be careful in avoiding unnecessary vexation and cost by seizures not warranted by law."

Salmon P. Chase (1808-1873) was born in New Hampshire and studied law before establishing a law practice in Cincinnati, Ohio. He frequently defended fugitive slaves in court. He left the Whig Party for the Liberty Party in 1841 and helped create the Free Soil Party in 1848. He represented Ohio in the U.S. Senate from 1849 to 1855 and served as Governor of Ohio from 1856 to 1860. Abraham Lincoln appointed Chase as his first Secretary of the Treasury, a position he held from 1861 to mid-1864. In December 1864, Lincoln nominated Chase as Chief Justice of the U.S. Supreme Court, a position he held until his death.

Charles Almy (1819-1886) was born in Rhode Island and began teaching school at age 17. He later opened a country store but soon moved to Boston, where he became an auction and commission merchant. He participated in the business of whaling in New Bedford, Massachusetts, until the Civil War. He served as Collector of Customs at Fall River, Massachusetts, from 1861 to 1865. He joined the insurance business in 1864 and continued in that work until his death. Originally a Democrat, he became a Free Soiler in 1848 and then a Republican. In 1880, 1881, and 1882, he was the Prohibition Party candidate for governor.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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