Order

Z. B. Vance to Executive Office, January 1, 1864

GENERAL ORDERS, ADJT. AND INSP. GENERAL’S OFFICE,
Apru 16, 1864.

No. 43. Richmond, Apru 16, 1864.

I. By the provisions of an act of Congress entitled ‘‘An act to impose regulations upon the foreign commerce of the Confederate States to provide for the common defense,” approved 17th of February, 1864, the exportation of cotton, tobacco, military and naval stores, sugar, molasses, and rice from the Confederate States, except under such uniform regulations as might be made by the President, was prohibited; and the President was authorized to employ any portion of the military and naval forces of the Confederacy in order to prevent the

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departure of any vessels or vehicles that might be employed in carrying on a commerce in these articles contrary to law.

II. The commanding generals of departments and districts will issue orders and instructions to their officers that whenever it shall reasonably appear that any vessel or vehicle has been laden, in whole or in part, with any of the said articles for exportation or conveyance beyond the limits of the Confederacy, or to any place within the Confederacy not under the control of their civil or military authorities, and whenever there is reason to believe that any of the articles aforesaid have been so laden, or have been collected at any place of deposit with a view to exportation or conveyance beyond the limits or lines aforesaid, to seize and detain the same, with the vehicles, teams, and slaves employed, that investigation may be had according to the conditions of the act aforesaid and these orders, unless the owner or his agent or bailee has a permit from a collector of the revenue, or from an Officer of this Department who may be authorized to grant such licenses.

III. The conditions upon which the trade by sea or overland to Mexico can be carried on have been determined by the regulations of the President, and any exportation or attempt to export any of the articles aforesaid contrary to those regulations will authorize the detention of the vessel or other instruments of transport.

IV. When a deposit of the prohibited articles is made at a point from which easy access to the lines of the enemy can be obtained, or are on a vehicle apparently on the way to their lines, or in the vicinity thereof, or when the owner is not a permanent resident of the place where the articles are found and from which they can easily be transported beyond the lines, or is a suspicious person, detention of the articles and vehicles for inquiry will be made.

V. All vehicles, animals, slaves, or other means of transportation, and all cotton or other articles that may be seized, whether by the officers of the revenue or by military authorities, for any violation of law or of these regulations, shall be, without any waste, spoliation, impressment, or injury of any kind, forthwith conveyed and delivered to the nearest marshal or deputy marshal of the Confederate States, and a detailed receipt taken from him, setting forth a full description of the property seized and delivered to him for safe custody. And it shall be the duty of said marshal or deputy marshal to keep the property so surrendered in safe custody until the further order of the judge or a commissioner of a district court of the Confederate States having jurisdiction of the subject-matter; and the said marshal or deputy marshal shall forthwith, upon the receipt by him of the property seized, give information to the collector of the district, or to the district attorney, or to both if practicable, of all the facts in relation to the seizure of the property and its delivery to him for safe-keeping.

VI. No military authority shall presume, under any circumstances, to seize property while being carried under the provisions of the law and of these regulations, for any other cause than a violation of said provisions; nor, in case of seizure, to dispose of the property seized in any other manner than that prescribed in the foregoing regulation. But in case where there is great risk of the property falling into the hands of the enemy, it shall be competent for the proper military authorities to require the licensed carrier to suspend his trip till the danger be passed, or to pursue a different route from that originally

designated, or even, in cases of imminent danger, to abandon the trip.

CONFEDERATE AUTHORITIES. ad

VII. Information will be given from time to time from this Department to the commanding generals of the conditions on which transportation by land be made.

S. COOPER, Adjutant and Inspector General.

STATE OF NORTH CAROLINA, EXECUTIVE DEPARTMENT, Raleigh, April 16, 1864. Hon. J. A. SEDDON, Secretary of War:

DEAR SIR: Permit me to express the hope that yeu will suspend, for the present at least, the enrollment and conscription of the State reserves in North Carolina from seventeen to eighteen and from fortyfive to fifty years. Their enrollment now, with the present prospect of their being called to the field from their crops, causes the most general consternation and gloom. I have no hesitation in assuring you that the partial abstraction even of these men from their crops at any time between this and August would be followed by the most distressing consequences.

In addition to these considerations I beg leave to remind you that the authorities of this State would be left powerless, without the shadow of a militia organization to enforce obedience to law or respect. Having no second-class militia, as most of the States have, I presume it cannot be the intention of the Confederate Government to reduce a sovereign State to this dangerous and humiliating condition. Such a course would be utterly at war with the genius of our new Government and repugnant to all the professions of the Administration.

Our Legislature will convene again in the latter part of May, when I have no doubt steps will be taken to provide such a militia force as the exhaustion of the country will allow. Till that time I insist that you will leave the present organization untouched. In the meantime the Home Guards, now thoroughly organized and pretty well officered, are entirely at your service in case of emergency.

Very respectfully, your obedient servant,

Macon, April 17, 1864.
Lieut. Gen. L. POLK,
Demopolis, Ala.:
GENERAL: Inclosed is a copy of the order to Captain Ashcraft
authorizing him to raise troops for State service. He has not been
commissioned and will not until discharged from Confederate service.

Editor's Notes
From: Operations in Missouri, Arkansas, Kansas, Indian Territory, 1861. Summary: Z. B. Vance orders Confederate military commanders to enforce a Congressional act prohibiting unauthorized export of key goods like cotton and tobacco to protect the Confederacy's common defense.
Sources
The War of the Rebellion: Official Records of the Union and Confederate Armies, Series I, Volume 3 View original source ↗