Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I
Mr. Seward to Lord Lyons.
My Lord: Adverting to your note of the 24th ultimo, in which, to the refusal of the custom-house authorities at New York to grant a clearance to the brig John Freeman, with cattle on board, you ask for information as to the grounds of the prohibition of the exportation of cattle. I have the honor to enclose you the copy of a communication of yesterday, addressed to this department by the Secretary of the Treasury.
I have the honor to be your very obedient servant,
Right Hon. Lord Lyons.
Mr. Chase to Mr. Seward.
Sir: I have received your note of the 26th instant, inviting my attention to an enclosed copy of a communication of the 24th instant, from Lord Lyons, in relation to the refusal of a clearance for the brig John Freeman, with cattle on board, and for information as to the grounds of the prohibition of the exportation of cattle.
[Page 659]In reply, I beg leave to transmit copies of an order made by the President of the United States in relation to the exportation of arms, ammunition, and munitions of war, and of a communication from the Secretary of War, from which it appears that the prohibition extended to the exportation of live stock. I also enclose a copy of a letter from me to the Secretary of War in relation to proposed exceptions from the operation of the order.
Lord Lyons correctly states that the refusal to clear the John Freeman has been the subject of some informal correspondence between him and myself, and it is proper to say that I conferred, also informally, with the President in respect to permitting the clearance desired, and that the President, after consulting with the Secretary of War, declined to grant such permission.
The clearance referred to was refused in obedience to this prohibition. For the grounds of it I respectfully refer you to the President and Secretary of War.
With great respect,
Hon. William H. Seward, Secretary of State.
A.
Mr. Stanton to Mr. Chase.
Sir: I have the honor to enclose herewith a copy of an executive order made by the President this day, and filed in this department, and would request you to give such orders as may prevent the prohibited clearances at New York and elsewhere.
Yours, truly,
Hon. S. P. Chase, Secretary of the Treasury.
[Untitled]
Ordered, That no arms, ammunition, or munitions of war be cleared or allowed to be exported from the United States until further order; that any clearances for arms, ammunition, or munitions of war, issued heretofore by the Treasury Department, be vacated, if the articles have not passed without the United States, and the articles stopped; that the Secretary of War hold possession of the arms recently seized by his order at Rouse’s Point, bound for Canada.
ABRAHAM LINCOLN.
The foregoing is a true copy of an executive order this day filed by the President in the War Department.
B.
Mr. Stanton to Mr. Chase.
Sir: I have the honor to enclose herewith a copy of an order of this department, designed to enforce the executive order of November 21, 1862, against sundry persons engaged in purchasing horses and mules for exportation.
I would respectfully request the co-operation of your department.
I have the honor to be, very respectfully, your obedient servant,
Hon. S. P. Chase, Secretary of the Treasury.
Mr. Stanton to Mr. Chase.
Information has been received by this department that sundry persons are purchasing horses and mules within the United States for exportation, contrary to the executive order of. November 21, 1862. To the end that during the present war the military resources of this government should not be withdrawn from the country, the commandants of departments are directed to prohibit the purchase and sale of all horses and mules, within the limits of their respective commands, to be exported from the United States, and to take and appropriate to the use of the government any horses, mules, and live stock designed for exportation, causing the value thereof to be appraised and reported to the quartermaster general; and they are enjoined vigilantly to enforce the executive order of November 21, 1862, prohibiting the exportation of arms, ammunition, or munitions of war.
Claims for property taken under this order will be presented to the quartermaster general for adjustment.
Hon. S. P. Chase.
Mr. Chase to Mr. Stanton.
Sir: I have received your letter of the 25th ultimo, returning to this department the application of Messrs. Stetheimer and Altman for permission to export certain rifled muskets to Hamburg, and suggesting that, while the President’s order of November 21, 1862, continued in force, it is not competent for the War Department, any more than for the Treasury Department, to grant permits for the exportation of prohibited articles, and that it is unnecessary for the Treasury Department to transmit applications like those referred to for the decision of the Secretary of War.
I have also received your letter of the 29th ultimo, returning to this department the inquiry of the collector of Boston in relation to permission of the [Page 661] shipment of a pair of carriage horses to Hayti, and have observed your remark, that you are not aware that this (the war) department has any power not possessed by the Treasury Department to permit the exportation of articles prohibited by the President’s order.
The President’s order of November 21, 1862, as construed by the order of the War Department of May 13, 1863, which enjoins the application of its prohibition to the exportation of horses, mules, and live stock, has governed the action of this department. Indeed, immediately on receiving your letter transmitting the last-named order, directions were forthwith and on the same day issued by me to the officers of this department, enjoining vigilance in enforcing its execution.
Necessarily, however, many cases have occurred, and must occur, which the interested parties or officers of this department regard as not embraced within the spirit of the rule, though covered by its lefter; and these cases have, in regular course of business, been sent to me. As the whole action of this department has only been auxiliary to yours in this business, I have thought it my duty to transmit these applications for dispensation from the rule to you for consideration. In some cases the dispensation has been allowed, and in others refused; and your decision has governed the action of this department.
I now understand you as refusing to entertain any further applications of this character, and shall, of course, refer no more to you. There must, however, be questions touching the scope and permanency of the orders which will need to be settled by some authority. These will be referred directly to the President until further advice from him or yourself.
It is my earnest desire, in the administration of this department, to cause no unavoidable inconvience, and to render every possible support to the others, and especially to yours, the vast responsibility and labors of which I understand and appreciate.
With great respect,
Hon. Edwin M. Stanton, Secretary of War.