WHERAS divers persons for their own private lucre, transport out of this state into parts beyond the seas, wheat, Indian corn, and other provisions, when the same may be greatly wanted for the relief of the inhabitants of this state and support of our army and navy and those of our allies.
And whereas no person or persons hath or have been hitherto invested by the legislature of this commonwealth, by whom alone it can be done, with power to lay an embargo on provisions, except wheat, Indian corn, and other grain, when necessary and expedient for the good of the same, Be it therefore enacted by the General Assembly, That it shall and may be lawful for the governour, with the advice of the council of state, from time to time to issue his proclamation, thereby prohibiting the exportation of beef, pork, bacon, wheat, Indian corn, pease, any or either of them, or any other provisions, for and during such time as he, with the advice aforesaid, shall judge most fit and necessary; so as such prohibition shall not extend to any vessel laden or to be laden by proper officers with all or any of the enumerated provisions for the use of the armies or navies of the United States or their allies.
And be it further enacted, That all beef, pork, bacon, wheat, Indian corn, pease, or other grain, and all flour and meal, or other provisions, which at any time during the continuance of such embargo shall be laden or put on board any vessel for exportation, except as before excepted, shall, together with the vessel, tackle, furniture, and cargo, be forfeited, and may be seized by any magistrate, naval officer, officer commanding a fort,
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or officer commanding nay armed vessel in the service of this state, who are hereby empowered and required at any time during the continuance of the said embargo, to search any vessel on which it shall be suspected any prohibited articles are laden for exportation; one half of which forfeiture shall be to the use of the commonwealth, and the other to any of the above persons who shall seize, or any other person who shall inform and prosecute for the same; and the forfeitures shall and may be recovered by bill in the court of admiralty.
And be it further enacted, That none of the prohibited articles, or other provisions, during the continuance of such prohibition, shall be transported or exported out of this state by land or in boats or vessels over any of the rivers in this state, except such as shall be transported for the use of the armies or navies of the United States or their allies, under penalty of the forfeiture of the carriage and team or boats or vessels employed in such transportation, together with the prohibited articles contained therein, unless the same person or persons transporting or exporting the same produce a certificate from the commissary or quartermaster general of this district, or his or their agent or agents, that such prohibited articles are ordered on by them for the service of the navies or armies of the United States or their allies; and the same may be seized by warrant of any justice of the peace upon information to him made; the forfeitures to be appropriated as aforesaid, and recovered in any court of record within this commonwealth, by bill, plaint, or information.
And be it further enacted, That during the continuance of such embargo every master of any ship or vessel shall, before he be allowed to clear out of the same, enter into bond with one or more sufficient security or securities in the penalty of five thousand pounds, payable to the governour for the time being for the use of the commonwealth, with condition that he will not carry out or cause to be carried out in his ship or vessel any of the articles prohibited by the embargo, which said bond the naval officer of the district is hereby required and empowered to take; and also every master of any ship or vessel shall, with the two persons next in command in the ship or vessel, take the following oath (or, being a Quake or Menonist, solemn affirmation) viz. “I A.B. do solemnly swear, or affirm,
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that there are not on board my ship or vessel any of the following articles, to wit, beef, pork, bacon, wheat, Indian corn, pease, or other grain, or flour or meal made of the same, any or either of them, or any other provisions prohibited to be exported, except such only as are necessary for the victualling such ship or vessel for her voyage. So help me God.” Which oath the naval officer for the district where the said ship or vessel is laden, shall be, and he is hereby required and empowered to administer.
Provided always, That nothing herein contained shall be construed to restrain the taking on board any ship or vessel any of the above enumerated articles, or other provisions that may be necessary for the victualling such ship or vessel for her voyage.
Provided also, That none of the articles prohibited, laden on board any ship or vessel for exploration, before notice of such embargo, shall be liable to seizure or forfeiture, if the owner or owners shall, in convenient time after proclamation of such embargo issued, reland or cause the same to be relanded and disposed of in this state.
Provided nevertheless, That where the inhabitants of any of the United States shall be in real distress for want of provisions, upon application of the executive power of such state to the executive power of this, it shall be lawful for the governour, with the advice of the council, to suffer provisions to be exported to such state; the naval officer taking bond with sufficient security in at least double the value of the cargo to be exported, and exacting an oath form the exporter for the faithful exportation thereof.
This act shall be in force from and after the passing thereof, unto the end of the next session of assembly, and no longer. And all other acts so far as they relate to any matter or thing herein contained, or within the purview of this act, are hereby repealed.
