torneys to pros

be at the suit of and in the name of the United States. District atIt shall be the duty of the United States attorney for the cute, etc. proper district to institute and prosecute any such action upon presentation to him of satisfactory evidence to sustain the same.

Punishment willfully

for

essaries.

SEC. 8. That any person who willfully destroys any necessaries for the purpose of enhancing the price or destroying necrestricting the supply thereof shall, upon conviction thereof, be fined not exceeding $5,000 or imprisoned for not more than two years, or both.

for conspira

necessaries.

ignated.

SEC. . That any person who conspires, combines, Punishment agrees, or arranges with any other person (a) to limit cies respecting the facilities for transporting, producing, manufactur- Offenses desing, supplying, storing, or dealing in any necessaries; (b) to restrict the supply of any necessaries; (c) to restrict the distribution of any necessaries; (d) to prevent, limit, or lessen the manufacture or production of any necessaries in order to enhance the price thereof shall, upon conviction thereof, be fined not exceeding $10,000 or be imprisoned for not more than two years, or both.

of necessaries

authorized.

SEC. 10. That the President is authorized, from time Requisition to time, to requisition foods, feeds, fuels, and other sup- for public use, plies necessary to the support of the Army or the maintenance of the Navy, or any other public use connected with the common defense,' and to requisition, or otherwise provide, storage facilities for such supplies; and Payment for.

1 See Executive Order No. 2736, October 23, 1917 [p. 187].

Resolutions of the Continental Congress.

See Resolution regarding furnishing the Army with necessary supplies, November 4, 1775, III Journals of the Continental Congress [Library of Congress] 323 [p. 203]; Resolution regarding the seizure and destruction of vessels in harbors, November 4, 1775, III id. 326 [p. 203]; Resolution regarding the securing of arms and military supplies belonging to Tories, December 30, 1775, III id. 466 [p. 203]; Resolution regarding the seizure of arms and ammunition belonging to disaffected persons, January 3. 1776, IV id. 27 [p. 204]; Same, March 14, 1776, IV id. 205 [p. 204]; Same, March 20, 1776, IV id. 220 [p. 205]; Resolution regarding impressment of carriages, October 10, 1776, VI id. 862 [p. 206]; Resolution regarding the collection of clothing for soldiers, November 26, 1776, VI id. 953 [p. 207]; Resolution regarding the impressment of wagons, December 2, 1776, VI id. 1001 [p. 207]; Resolution regarding the protection of arms, ammunition, and clothing, Dec. 12, 1776, VI id. 1026; Resolution bestowing general impressment powers on Washington, December 27, 1776, VI id. 1045 [p. 207]; Resolution providing, inter alia, for the appraisement of supplies seized, April 19, 1777, VII id. 283 (p. 208]; Resolution forbidding the impressment of certain carriages, May 29, 1777. VIII id. 396 [p 208]; Resolution recommending impressment by the State of Pennsylvania of necessaries for the use of the Army, September 14, 1777, VIII id. 741 [p. 209]; Resolution authorizing Washington tc exercse generally powers of impressment, September See p. 64 for footnote 2.

he shall ascertain and pay a just compensation therefor. Sult author. If the compensation so determined be not satisfactory to not satisfac- the person entitled to receive the same, such person shall

ized if amount

tory.

17, 1777, VIII id. 751 [p. 209]; Resolution bestowing authority upon superio: officers to impress articles named, October 6, 1777, IX id. 774 [p. 210]; Resolution authorizing the commissary of hides to exercise power of impressment, October 11, 1777, IX id, 794 [p. 210]; Resolution confirming powers of impressment in General Washington, November 14, 1777, IX id. 905 [p. 210]; Resolution regarding impressment of wheat in the field and the threshing of the same, November 24, 1777, IX id. 961 (p. 212]; Resolution regarding the impressment of supplies and wagons by Washington and the forced threshing of wheat, December 10. 1777, IX id. 1013 [p. 213]; Resolution regarding the impressment of cattle liable to seizure by the enemy, December 15, 1777, IX id. 1028 [p. 214]; Resolution requesting states to enact legislation covering impressments, December 20, 1777, IX id. 1043 [p. 214]; Resolution regarding methods of impressment, January 13, 1778, X id. 46 [p. 217]; Resolution regarding impressment of wagons and limitation of prices for articles purchased. January 15, 1778, X id. 54 [p. 217]; See, for instance of requisitioning rum for the use of the army, May 13, 1778, XI id. 491 [p. 218]; Resolution regarding the seizure of property belonging to alien enemies, October 22, 1778, XII id. 1055 [p. 222]; Resolution regarding the securing of supplies for the Army, November 30, 1778, XII id. 1177 [p. 223]; Resolution regarding payment for articles impressed, March 2, 1779, XIII id. 266 [p. 223]; Resolution regarding return of goods requisitioned, March 12, 1779, XIII id. 308 [p. 224]; Resolution regarding seizure of supplies purchased in Maryland by the French for their own use, January 17, 1780, XVI id. 67 [p. 225]; Authorization to impress necessary provisions and forage, May 18, 1781, XX id. 516 [p. 226]; Resolution authorizing impressment, June 4, 1781, XX id. 598 [p. 227].

Revolutionary War Statutes.

Connecticut: See Act to compel the furnishing necessary supplies and assistance to the quartermaster general of the Continental Army, Acts and Laws, Conn., October, 1776, p. 507 [p. 243]; Act to provide barracks for soldiers, id. January, 1778, p. 482 [p. 231]; Act for obtaining supplies for the Continental Army, etc., id. October, 1778, p. 503 [p. 241] : Act to compel the furnishing of necessary supplies and assistance to the quartermaster general of forage of the Continental Army, id. January, 1779, p. 511 [p. 244]; Act to continue an act or law of the General Assembly passed in October, 1778, entitled "An act further to prevent monopolizing and engrossing and to provide for obtaining supplies for the Continental Army, navy, and militia of this state," id. January, 1780, p. 545 [p. 245].

Delaware: See Act for the quartering of soldiers, Acts of General Assembly of Delaware, 3rd Session, February 1, 1779 [p. 247]; Act to prevent and punish the frauds and abuses in quartermasters and commissary's departments, and for ascertaining the pay of impressed teams and of drivers, id. February 1st, 1779 [p. 254]; Act for furnishing supplies within this state for the army of the United States for the ensuing campaign, id. 4th Session, April 15, 1780 [p. 261]; Act for procuring an immediate supply of provisions in this state for the army of the United States of America and for other purposes, id. 4th Session, June 21, 1780 [p. 269].

Georgia See Act for the better security of this state by obliging and making Hlable negro slaves to work on the several forts, batteries, or other public works within this state. September 16, 1777, 19 Colonial Records of Georgia, Pt. 2, p. 80 [p. 280]; Act for the better ordering and regulating the militia of this state, November 15, 1778, id. p. 103, 110 [p. 284].

be paid seventy-five per centum of the amount so determined by the President, and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum will make up such amount

Maryland: See Act for quartering soldiers, February, 1777, Original Laws of the State of Maryland, c. xiv [p. 290]; Act to procure clothing for the quota of this state of the American Army, 1777, October Session, id. c. iv [p. 299]; Supplementary act to the act entitled An act to regulate the militia," 1777, October Session, id. c. xxi [p. 302]; Act for the service of the United States, 1778, March Session, id. c. 1, [p. 302]; Act for enlarging the powers of the governor and council, March Session, 1778, id. c. xiii [p. 307]; Act to prevent forestalling and engrossing, and for other purposes therein mentioned, 1778, October Session, id. c. vil [p. 322]; Act for enlarging the powers of the Governor and council, 1778, October Session, id. c. x [p. 327]; Act to continue the act of Assembly for enlarging the powers of the Governor and Council, and for other purposes therein mentioned, 1779, March Session. id. c. v [p. 335]; Act for the more effectual preventing, forestalling, and engrossing, and for other purposes therein mentioned, July Session, 1779, id. c. xvii [p. 349]; Act to continue the next to last foregoing act, 1779, July Session, id. c. xx [p. 357]; Act enlarging the powers of the Governor and Council, 1779, November Session, id. C. xvii [p. 367]; Act for the more effectual preventing forestalling and engrossing, and for other purposes therein mentioned, November Session, 1779, id. c. xviii [p. 372]; Act for the immediate supply of flour and other provisions for the army, 1779, November Session, id. c. xxxii [p. 382]; Supplemental to Act entitled "An Act for enlarging the powers of the governor and council," 1779, November Session, id. c. xxxiv [p. 387]; Act to authorize the commissioners appointed by the act for the immediate supply of flour and other provisions for the army, 1780, June Session, id. c. 1 [p. 387]; Act to procure a supply of salt meat for the use of the army, 1780, June Session, id. c. xxi [p. 390]; Act to procure an immediate supply of clothing and fresh provisions for the troops, and a sufficient number of horses for light horse and for carriages, 1781, May Session, id. c. v [p. 405]; Act repealing all acts of Assembly heretofore made relative to the seizure of provisions or merchandise, 1781, November Session, id. c. xvili [p. 417].

Massachusetts: See Act to prevent monopoly and oppression 1776, May Session, Original Acts and Laws, p. 78 [p. 427]; Act in addition to and for amending the foregoing, 1777, id. p. 129 [p. 429]; Act to repeal the two foregoing acts, 1777, id. p. 142 [p. 439]; Act to empower the quartermaster general or his deputies within this commonwealth to impress such teams as may be found necessary to transport supplies to the army, 1781, April Session, id. c. xx p. 69 [p. 462].

New Hampshire: See Act for regulating the prices of sundry articles therein enumerated, January 18, 1777, 4 Metcalf's Laws of New Hampshire 78 [p. 470]; Same, id. p. 88 [p. 473]; Act to prevent monopoly of corn, id. p. 209 [p. 479]; Act for raising eleven thousand and two hundred weight of beef within this state for the use of the Continental Army, id. p. 307 [p. 482];* Act for raising one million and four hundred thousand pounds weight of beef toward the support of the Continental Army, id. p. 353 [p. 487];* Act for supplying the Continental Army with ten thousand gallons of West India Rum, id. p. 415 [p. 415].

New Jersey: See Act to procure certain articles of clothing for New Jersey troops, Acts of the State of New Jersey, November 25, 1777, c. 1 [p. 506]; Act for regulating and limiting the prices of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, id. December 11, 1777, c. 8 [p. 516]; Act for regulating the quartering of soldiers and furnishing of carriages, horses, and other necessaries for the army, id. March 24, 1778,

Query as to exact nature of powers of impressment.

of district courts.

Jurisdiction as will be just compensation for such necessaries or storage space, and jurisdiction is hereby conferred on the United States District Courts to hear and determine all

c. 15 [p. 517]; Act to suspend for a limited time the operation of an act entitled "An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. June 22, 1778, c. 34 [p. 529]; Act further to suspend the operation of an act entitled "An act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing," id. October 7, 1778, c. 42 [p. 530]; Act further to suspend the operation of an act for regulating and limiting the price of labor and of sundry articles of produce, manufacture, and trade, and to prevent forestalling, regrating, and engrossing, id. December 3, 1778, c. 5 [p. 531]; Act for limiting the prices of various articles and to prevent the withholding from sale of the necessaries of life, id. December 21, 1779, c. 12 [p. 541]; Act for procuring provisions for the use of the army and other supplies for carrying on the war, id. December 25, 1779, c. 17 [p. 5471; Act to suspend the operation of an act entitled "An act for limiting the prices of various articles, and to prevent the withholding from sale of the necessaries of life," id. February 26, 1780, c. 24 [p. 553]; Supplemental act to the act entitled "An act for procuring provisions for the use of the army and other supplies for carrying on the war," etc, etc., id. March 18, 1780. c. 33 [p. 554]; Act for the more speedy and effectual procurement of supplies for the army, id. December 4, 1780, c. 3 [p. 562]; Act to repeal sundry acts restraining the trade and commerce of this state, June 8, 1781, N. J. Laws, V. 2, p. 195 [p. 581]; Act to repeal the several acts made and providing for the clothing of the troops belonging to this state in the service of the United States and for other purposes, October 5, 1781, id. p. 218 [p. 581].

For act giving power to remove stores to prevent their falling into the hands of the enemy, see Act to restrain the exportation of pitch, tar, turpentine and othe naval stores, from the state of New Jersey, Acts of the State of New Jersey, Sept. 20, 1777, c. 42 [p. 500].

New York: See Act to secure supplies of shoes and stockings for the troops raised under the direction of the state [the act in effect authorizes placing a compulsory order], 1778, 1 Cook's N. Y. Laws 24 [p. 585]; Act for regulating impresses of forage and carriages and for billeting troops within this state, 1778, id. 55 [p. 587]; Act to regulate the wages of mechanics and laborers, the prices of goods and commodities and the charges of innholders, within this state, and for other purposes therein mentioned, 1778, 1 Cook's N. Y. Laws 71 [p. 600]; Act more effectually to provide supplies of flour, meal, and wheat, 1778, id. p. 92 [p. 605]; Act for procuring an immediate supply of flour for the army, 1779. id. p. 114 [p. 610]; Act to procure a further supply or shoes and stockings, for the troops raised under the direction of this state the act in effect authorizes a compulsory order], 1779, id. 121 [p. 614]; Act to amend an act for regulating impresses of forage and carriages; and for billeting troops within this state, 1779, id. p. 134 [p. 616]; Act for procuring an immediate supply of flour and peas for the use of the army, 1779, id. p. 145 [p. 619]; Act to revive and amend an act entitled act to amend an act for regulating impresses of forage and carriages and for billeting troops within this state" and for other purposes therein mentioned, 1779, id. p. 148 [p. 622]; Act more effectually to carry into execution the last foregoing act 1779, id. p. 155 [p. 625]; Act for removing or destroying grain likely to fall into the enemy's hands, 1779. id. p. 160 [p. 626]; Act to amend the act for procuring an immediate supply of flour and peas for the army, 1779, id. p. 160 [p. 626]: Act more effectually to supply the army with flour, 1780, id. p. 200 [p. 630]; Act to revive, continue, and further amend the several laws relative to impressing teams, forage, and timber, and fuel, billeting troops, etc., 1789, id. p. 208 [p. 633]; Act for a general

"An

Necessaries

such controversies: Provided, That nothing in this sec- Proviso. tion, or in the section that follows, shall be construed to for personal consumption require any natural person to furnish to the Government exempt. any necessaries held by him and reasonably required for

limitation of prices, and to prevent engrossing and withholding, within this state, 1780, id. p. 210 [p. 640]; Act authorizing the person administering the government of this state, to grant warrants of impress, 1780, id. p. 264 [p. 642]; Act to procure supplies for the use of the army, and to prevent a monopoly of cattle within this state, and more effectively to prevent supplies of cattle to the enemy, 1780, id. p. 266 [p. 643]; Act to provide pasturage for the use of the army, 1780, id. p. 281 [p. 657]; Act more effectually to draw forth the quota of supplies allotted to this state, and to procure further supplies, etc., 1780, id. p. 292 [p. 659]; Act to continue an act entitled “An act authorizing the person administering the government of this state to grant warrants of impress," 1780, id. p. 298 [p. 663]; Act to revive and further to continue and amend the several laws relative to the impresse o teams, forage, timber, and fuel for the use of the army, 1780, id. p. 304 [p. 664]; Act more effectually to collect the deficiencies in assessments of wheat, 1781, id. p. 339 [p. 667]; Act to continue an act entitled "An act authorizing the person administering the government of this state to grant warrants of impress," 1781, id. p. 361 [p. 672]; Act for obtaining a supply of flour for the army, 1781, id. p. 384 (p. 673]; Act for the further direction of the state agent, with respect to forage, and the collection of specific supplies, 1782, id. p. 482 [p. 675].

North Carolina; See Act to amend an act entitled "An act to establish a militia in this state," Sec. XVIII, 24 Clark's Laws of North Carolina, c. 15, 1777, p. 113, 116 [p. 6781; Act for levying a specific provision tax on the inhabitants of this state for the support of the army and navy of this and the United States in the southern department, id. 1780, c. 1, p. 344 [p. 683]; Act to prevent the impressment of boats, wagons, carts and other carriages employed in carrying salt and for other purposes therein mentioned, id. 1780. c. 5, p. 351 [p. 687]; Act to enlarge the powers of the quartermaster general, id. 1781, c. 8, p. 381 [p. 692]; Act to amend an act entitled "An act to prevent the impressment of boats, wagons, carts and other carriages employed in carrying salt, and for other purposes therein mentioned, id. 1781, c. 11, p. 383 [p. 693]; Act to enable the governor with the advice of the council of this state, to procure tobacco for the purpose of obtaining arms, and for other purposes, id. 1781, c. 13, p. 407 [p. 695]; Act to compel all persons who have acted as commissaries or quartermasters in the militia line of this state to account for public stores, and for restraining impressments and for other purposes, id. 1782, c. 2, p. 417 [p. 697]; Act for levying a specific provision tax for defraying contingencies and supporting the armies of the United States for the year 1782, id. 1782, c. 8, p. 434 [p. 700]; Act to amend an act passed at the last session of the General Assembly entitled "An act for levying a specific and pecuniary tax." id. 1782, c. 9, p. 437 [p. 704]. See also 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, c. VIII, 1781, p. 401 [p. 693].

Pennsylvania: See Ordinance respecting the arms of nonassociators, 1776, 9 Stats. at L. 11 [p. 705]; Act for the regulation of wagons, carriages and pack horses for the public service, 1778, 9 Stats. at L. 181 [p. 712]; Act for the better supply of the armies of the United States of America, 1778, 9 Stats. at L. 189 [p. 716]; Supplemental act to the last named, 1778, id. p. 199 [p. 725]; Act supplemental to "Act for the regulation of wagons, carriages and pack horses for the public service," 1778, 9 Stats. at L. 218 [p. 727]; Act repealing "an Act for the better supply of the Army of the United States of America" and the supplement thereto, 1778, id. p. 283 [p. 736]; Act forbidding the impressment of wagons, 1778, id. p. 287 [p. 737]; Act to con