APPEAL from the Court of Claims, the object of the suit having been to recover damages against the United States for an alleged breach of contract, made by George Lane with one Risley, who was at the time the treasury agent at Norfolk, Virginia, for the purchase of the products of insurrectionary States.
The case, which depended in part on statutes, regulations of the treasury, and a proclamation of the President, was thus:
ACTS OF 1861 AND 1863.
By act of July 13th, 1861, section 5, 'all commercial intercourse' by and between States declared in insurrection and the citizens thereof, and the citizens of the rest of the United States, was declared unlawful, except such as should be licensed by the President, and conducted under the regulations made by the Treasury Department.
An act of March 12th, 1863, authorized agents of the Treasury Department to collect 'all abandoned and captured property,' &c., and enacted that 'all property coming' into any of the United States not declared in insurrection 'from within any of the United States declared in insurrection, through or by any person other than a treasury agent, or under a lawful clearance by the proper treasury officer, shall be confiscated.'
TREASURY REGULATIONS OF MARCH 31ST, 1863.
The treasury regulations issued March 31st, 1863, by their section 7, ordered thus: 'No permit shall be granted to transport to or from, or to sell or purchase in any place or section whatever, not within the military lines of the United States army.'
Regulation 8, as revised and published September 12th, 1863, declared: 'Commercial intercourse with localities beyond the lines of military occupation by the United States forces is strictly prohibited, and no permit will be granted for the transportation of any property to any place under the control of insurgents against the United States.'
ACT OF 1864.
By the 4th section of an act of July 2d, 1864, the prohibitions of the act of July 13th, 1861, were extended to 'commercial intercourse by and between persons residing or being within the lines of National military occupation, in such districts declared in insurrection, whether with each other or with persons being within such insurrectionary districts, but not within our military lines.'
Section 8 of this act provided that the Secretary of the Treasury might authorize agents 'to purchase for the United States any products of States declared in insurrection at such places therein as shall be designated by him, at such price as shall be agreed on with the seller, not exceeding the market price thereof at the place of delivery, nor exceeding three-fourths of the market value thereof in the city of New York, at the latest quotations known to the agent purchasing.'
Section 9 of this act repealed so much of section 5 of the act of July 13th, 1861, as made it lawful for the President to license or permit such trade by private citizens and traders except to supply necessaries to loyal persons within the Federal lines, and to authorize persons within the Federal lines to bring or send to market in loyal States products of their own labor or of the labor of freedmen or others in their employment.
TREASURY REGULATIONS OF JULY 29TH, 1864.
On the 29th of July, 1864, rules were promulgated by the Secretary of the Treasury, and by one of which 'commercial intercourse with localities beyond the lines of actual military occupation by the United States forces is absolutely prohibited; and no permit will be granted for the transportation of any property to any place under the control of insurgents against the United States.'
TREASURY REGULATIONS OF SEPTEMBER 24TH, 1864.