United States Statutes at Large/Volume 2/12th Congress/1st Session/Chapter 56
Chap. LVI.—An Act to prohibit the exportation of specie, goods, wares and merchandise, for a limited time.[1]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall not be lawful, Exportation of specie and goods of foreign manufacture forbidden.
Act of April 4, 1812, ch. 49.during the continuance of the act, entituled “An act laying an embargo on all the ships and vessels in the ports and harbors of the United States, for a limited time,” to export from the United States or the territories thereof, in any manner whatever, any specie, nor any goods, wares or merchandise of foreign or domestic growth or manufacture; and if any person shall, with intent to evade this law, export or attempt to export any specie, goods, wares or merchandise from the United States or the territories thereof, either by land or water, such specie, goods, wares and merchandise, together with the vessel, boat, raft, cart, wagon, sleigh or other carriage in which the same shall have been exported or attempted to be exported, shall, together with the tackle, apparel, horses, mules and oxen, be forfeited, and the owner or owners of such specie, goods, wares or merchandise, and every other person knowingly concerned in such prohibited exportation, on conviction thereof, shall each respectively forfeit and pay a sum not exceeding ten thousand dollars for every such offence:Proviso.
1812, ch. 49. Provided however, that nothing in this section contained, shall be construed to prevent the departure of vessels, which according to the act last above mentioned, are or may be permitted to depart in the manner and under the restrictions provided by the said act.
Any portion of the land or naval force of the United States may be employed to prevent a violation of the embargo.Sec. 2. And be it further enacted, That it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ any part of the land or naval forces, or militia of the United States or of the territories thereof, as may be judged necessary, for the purpose of preventing the illegal departure of any ship or vessel, or the illegal exportation of any specie, or of any goods, wares or merchandise, contrary to the provisions of this, or the last above mentioned act, and for the purpose of detaining, taking possession of, and keeping in custody, any such ship or vessel, specie, goods, wares or merchandise.
Penalties, &c. &c. how to be recovered.
1812, ch. 49.Sec. 3. And be it further enacted, That all penalties and forfeitures, incurred by virtue of this act, shall and may be prosecuted, sued for, recovered and distributed, and may be mitigated and remitted in the manner provided by the act, entituled “An act laying an embargo on all the ships and vessels in the ports and harbors of the United States for a limited time,” and also, that the penalties and forfeitures incurred by virtue of this act may be recovered subsequently to the expiration thereof, in the same manner as if this act had continued in full force and virtue.
Approved, April 14, 1812.
- ↑ Upon an indictment under the non-intercourse laws for putting goods on board a carriage, with intent to transport them out of the United States, contrary to the act of January 9th, 1809, the punishment of which offence is a fine of four times the value of the goods; it is not necessary that the jury should find the value of the goods. United States v. John Tyler, 7 Cranch, 285; 2 Cond. Rep. 492.Under the non-intercourse law, a vessel, in March, 1811, had no right to come into the waters of the United States, to inquire whether she might land her cargo. The Brig Penobscot v. The United States, 7 Cranch, 356; 2 Cond. Rep. 528.Wines, the produce of France, imported into the United States before the non-intercourse act, re-exported to a Danish island, there sold to a merchant of that place, and thence exported to New Orleans during the operation of that act of Congress, were liable to forfeiture under that law. The Schooner Hoppet v. The United States, 7 Cranch, 389; 2 Cond. Rep. 542.The non-intercourse act of March 1st, 1809, was in force between the 2d of February, and 2d of March, 1811, by virtue of the President’s proclamation of November 2d, 1810. Schooner Anne v. The United States, 7 Cranch, 570; 2 Cond. Rep. 611. The non-intercourse act of the 28th of June, 1809, which requires a vessel bound to a permitted port to give bond in double the amount of vessel and cargo not to go to a prohibited port, is applicable to a vessel sailing in ballast. The Ship Richmond v. The United States, 9 Cranch, 102; 3 Cond. Rep. 294.Under the non-intercourse act of 1809, a vessel from Great Britain had a right to lay off the coast of the United States, to receive instructions from her owners in New York; and, if necessary, to drop anchor: and, in case of a storm, to make harbor: and if prevented by a mutiny of her crew, from putting out to sea again, she might wait in the waters of the United States, for orders. The United States v. The Cargo of the Ship Fanny; Jennings, Master, 9 Cranch, 181; 3 Cond. Rep. 347.Under the third section of the act of Congress of the 28th of June, 1809, every vessel bound to a foreign permitted port, was obliged to give a bond, with a condition not to proceed to any port with which commercial intercourse was not permitted, nor to trade with such port. The Edward; Scott, Claimant, 1 Wheat. 261; 3 Cond. Rep. 565.