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TO FIND ANY GRANT OF POWER.

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with citizens of the United States; second, the forfeiture of all goods in transitu. When this condition has been reached, the act then authorizes the President, in his discretion, by license, to reopen the trade in such articles, and for such time, and by such persons, as he may think most conducive to the public interest. The articles of trade were to be chiefly cotton and tobacco; the time during which it might be continued was evidently so long as it could be used for the purpose in view; persons were those who would most skillfully advance the end to be accomplished; and the public interest was the collection and transportation of the cotton to the European or Northern manufacturers.

the

One may search the Constitution of the United States in vain to find any grant of power to Congress, by which it could be authorized to pass this act; much less to find any authority conferred upon the President to approve the act, or to justify him in a violation of the oath he had taken to support and maintain the provisions of the Constitution. Congress was guilty of a most flagrant usurpation by the passage of the act, and the President, instead of being a check upon their unconstitutional measures, for which object the veto power was granted to him, became, by his approval, an accomplice in their usurpation. For nothing is more evident than that it is one of the powers reserved to the States to regulate the commercial intercourse between their citizens, to the extent even of the establishment of inspection and quarantine regulations. The former of these is a benefit to commerce, and the latter, in some special cases, only retards it temporarily, to secure the health of a community.

Neither did a state of war authorize the Government of the United States to interfere with the commercial intercourse between the citizens of the States, although under the law of nations it might be so justified with regard to foreign enemies. But this relation it persistently refused to concede to the Confederate States or to their citizens. It constantly asserted that they were its citizens, in a state of insurrection; and, if so, they were equally entitled to the provisions of the Constitution for protection as well as to its penalties. Still less could the Government make an absolute forfeiture of the goods seized,

their

as has already been shown when treating of the Confiscation Act.

But that a state of war did not enlarge the powers of the Government, as was assumed by this act, was expressly decided by Chief-Justice Taney, in a case that arose under this act. The Secretary of the Treasury issued the regulations for trade, as the act assumed the power to authorize him to do, in the section presented on a previous page. One Carpenter neglected or refused to obtain the permit required, and his goods were seized. He contested the right of seizure, and the Chief-Justice gave a decision at Baltimore, in May, 1863. He said:

"If these regulations had been made directly by Congress, they could not be sustained by a court of justice, whose duty it is to administer the law according to the Constitution of the United States. For from the commencement of the Government to this day it has been admitted on all hands, and repeatedly decided by the Supreme Court, that the United States have no right to interfere with the internal and domestic trade of a State. They have no right to compel it to pass through their custom-houses, nor to tax it. This is so plainly set forth in the Constitution, that it has never been supposed to be open to controversy or question. Undoubtedly, the United States authorities may take proper measures to prevent trade or intercourse with the enemy. But it does not by any means follow that they disregard the limits of all their own powers as prescribed by the Constitution, or the rights and powers reserved to the States and the people.

"A civil war, or any other, does not enlarge the powers of the Federal Government over the States or the people beyond what the compact has given to it in time of war. A state of war does not annul the tenth article of the amendment to the Constitution, which declares that 'the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.' Nor does a civil war, or any other war, absolve the judicial department from the duty of maintaining with an even and firm hand the rights and powers of the Federal Government, and of the States, and of the citizens, as they are written in the Constitution, which every judge is sworn to support. Upon the whole the Court is of opinion that the regulations in question are illegal and void, and that the

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LICENSES WERE GRANTED.

349

seizure of the goods of Carpenter, because he refused to comply with them, can not be sustained. The judgment of the District Court must, therefore, be reversed, and the goods delivered to the claimant, his agent, or proctor."

The proclamation of the President required by the act was issued on August 16, 1861, declaring certain States and parts of States to be in insurrection, etc. Under it some licenses were issued to places in Kentucky and Missouri where the United States forces were located, without any fruitful results. Some strong military and naval expeditions were fitted out to invade us and occupy the ports where cotton and other valuable products were usually shipped. An advance was made up the Cumberland and Tennessee Rivers and down the Mississippi, as has been stated elsewhere. The ports of Beaufort, North Carolina, Port Royal, South Carolina, and New Orleans, Louisiana, were declared by proclamation of the President of the United States to

be

open for trade under the new system. Licenses were granted to foreign vessels by United States consuls and to coasting ves sels by the Treasury Department, and the blockade was relaxed 60 far as related to those ports, except as "to persons, property, and information contraband of war." Collectors were appointed at the above-mentioned ports, and a circular was addressed to the foreign Ministers at Washington announcing the reopening of communication with conquered Southern localities.

Again, on March 3, 1863, an act was passed which authorized the Secretary of the Treasury to appoint special agents to receive and collect all abandoned or captured property in any State or portion of a State designated as in insurrection. Under this act a paper division of the whole of our territory was made into five special districts, and to each a special agent was appointed with numerous assistants. Abandoned property was defined to be that which had been deserted by the owners, or that which had been voluntarily abandoned by them to the civil or military authorities of the United States. Property which had been seized or taken from hostile possession by the military or naval forces was also to be turned over to the special agents to be sold. All property not transported in accordance with

the Treasury regulations was forfeitable. All expenses incurred in relation to the property were charged upon it.

The views of General Grant on the operation of this system of measures, as tending to retard the success of subjugation, which was the object of the war, were presented to the Secretary of the United States Treasury in a letter dated at Vicksburg on July 21, 1863. He writes:

"My experience in West Tennessee has convinced me that any trade whatever with the rebellious States is weakening to us at least thirty-three per cent. of our force. No matter what restrictions are thrown around trade, if any whatever is allowed, it will be made the means of supplying to the enemy what they want. Restrictions, if lived up to, make trade unprofitable, and hence none but dishonest men go into it. I will venture to say that no honest man has made money in West Tennessee in the last year, while many fortunes have been made there during the time. The people in the Mississippi Valley are now nearly subjugated. Keep trade out for a few months, and I doubt not but that the work of subjugation will be so complete that trade can be opened freely with the States of Arkansas, Louisiana, and Mississippi.”

On September 11, 1863, revised regulations were issued by the Secretary which divided the country into thirteen districts, from Wheeling, West Virginia, to Natchez, on the Mississippi, and a complete system of trade and transportation was organized. In December, 1864, new regulations were issued, which authorized the purchase of our products at certain points from any person with bonds furnished by the Treasury. The prod ucts were sold, transportation was allowed, and the proceeds were made to constitute a fund for further purchases. A vig orous traffic sprang up under these regulations, which were suspended by an order of General Grant, issued on March 10, 1865, and revoked on April 11th by himself. On April 29, 1865, all restrictions upon internal, domestic, and coastwise commercial intercourse with all the country east of the Mississippi River were discontinued.

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SEIZING THE PASSES.

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CHAPTER XXXVII.

The Enemy crosses the Potomac and concentrates at Warrenton.-Advances upon Fredericksburg.-Its Position.-Our Forces.-The Enemy crosses the Rappahannock.-Attack on General Jackson.-The Main Attack.-Repulse of the Enemy on the Right.-Assaults on the Left.-The Enemy's Columns broke and fled.-Recross the River.-Casualties.-Position during the Winter.The Enemy again crosses the Rappahannock.-Also crosses at Kelly's Ford.Converging toward Chancellorsville, to the Rear of our Position.-Inactivity on our Front.-Our Forces Concentrate near Chancellorsville and encounter Enemy.-Position of the Enemy.-Attempt to turn his Right.-The Enemy surprised and driven in the Darkness.-Jackson fired upon and wounded.— Stuart in command.-Battle renewed.-Fredericksburg reoccupied.-Attack on the Heights.-Repulse of the Enemy.-The Enemy withdraws in the Night.Our Strength.-Losses.-Death of General Jackson.-Another Account.

ABOUT the middle of October, 1862, General McClellan crossed the Potomac east of the Blue Ridge and advanced southward, seizing the passes of the mountains as he progressed. In the latter part of the month he began to incline eastwardly from the mountains, moving in the direction of Warrenton, about which he finally concentrated, his cavalry being thrown forward beyond the Rappahannock in the direction of Culpeper

Court-House.

On November 15th the enemy was in motion. The indications were that Fredericksburg was again to be occupied. Sumner's corps had marched in the direction of Falmouth, and gunboats and transports had entered Acquia Creek.

McLaws's and Ransom's divisions were ordered to proceed to that city; and on the 21st it became apparent that the whole army-under General Burnside, who had succeeded General McClellan-was concentrating on the north side of the Rap

pahannock.

About November 26th Jackson was directed to advance toward Fredericksburg, and, as some of the enemy's gunboats had appeared in the river at Port Royal, and it was possible that an attempt might be made to cross in that vicinity, D. H. Hill's division was stationed near that place, and the rest of Jackson's corps so disposed as to support Hill or Longstreet, as