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CHAP. CLIII. Government of the Rebel States. An Act to provide efficient government for the insurrectionary States.
Whereas, No legal State governments or adequate protection for life or property now exist in the Rebel States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Florida, Texas, and Arkansas; and whereas, it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established; therefore
Be it enacted, &c., That said Rebel States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter mentioned; and for that purpose Virginia shall constitute the First District, North Carolina and South Carolina the Second District, Georgia, Alabama, and Florida the Third District, Mississippi and Arkansas the Fourth District, and Louisiana and Texas the Fifth District.
SEC. 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army not below the rank of Brigadier-General, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.
FEC. 8. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish or cause to be punished all disturbers of the public peace and criminals; and to this end he may allow local civil tribunals to take jurisdiction of and try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military committees or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void.
SEC. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted, and no sentence of any military commission or tribunal hereby authorized affecting the life or liberty of any person shall be executed until it is approved by the officer in command of the district; and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they may conflict with, its provisions. Provided, That no sentence of death under this act shall be carried into execution without the approval of the President.
SEC. 5. When the people of any one of said Rebel States shall have formed a constitution and government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State 21 years old and upward, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the Rebellion or for felony at common law, and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such
constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State by a vote of its Legislature elected under said constitution shall have adopted the amendment to the Constitution of the United States proposed by the XXXIXth Congress, and known as Article 14, and when said article shall have become part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted there from on their taking the oath prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State. Provided, That no person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said Rebel States, nor shall any such person vote for members of such convention.
SEC. 6. Until the people of the said Rebel States shall by law be admitted to representation to the Congress of the United States, all civil governments that may exist therein shall be deemed provisional only, and shall be in all respects subject to the paramount authority of the United States, at any time to abolish, modify, control, and supersede the same, and in all elections to any office under such provisional governments all persons shall be entitled to vote under the provisions of the fifth section of this act. And no person shall be eligible to any office under such provisional governments who would be disqualified from holding office under the provisions of the third article of said Constitutional Amendment. [This bill was passed over the President's veto, on March 2, 1867.]
CHAP. CLIV.-Tenure of Civil Offices.Regulates the tenure of certain civil offices. Sec. 1. Persons holding or appointed to any civil office by and with the advice and consent of the Senate, shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified. The Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney-General, shall hold their offices respectively for and during the term of the President by whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Sec. 2. When civil officers, excepting judges of the United States courts, shall, during a recess of the Senate, be shown, by evidence satisfactory to the President, to be guilty of misconduct in office, or crime, or for any reason shall become incapable or legally disqualified to perform its duties, in such case, the President may suspend such officer and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the case shall be acted upon by the Senate. Such persons shall take the oaths and give the bonds required by law. In such case it shall be the duty of the President, within 20 days after the meeting of the Senate, to report to the Senate such suspension,
with the evidence and reasons for his action in the case, and the name of the person so designated to perform the duties of such office. If the Senate concurs, the President may remove the officer and appoint a successor. If the Senate does not concur, the suspended officer resumes his office, and receives again the official salary and emoluments. The President, in case he shall become satisfied that the suspension by him of a civil officer was made on insufficient grounds, shall be authorized, at any time before reporting the suspension to the Senate, to revoke the suspension and reinstate the officer in the performance of the duties of his office. Sec. 8. The President shall have power to fill all vacancies which may happen during the recess of the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of their next session. And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled during the next session of the Senate, the office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until it shall be filled by appointment thereto, by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to the office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. Sec. 4. No term of office, the duration of which is limited by law, shall be extended by this act. Sec. 5. Persons accepting or exercising office contrary to this act, are declared to be guilty of a high misdemeanor, and, upon trial and conviction thereof, shall be punished by a fine not exceeding $10,000, or by imprisonment not exceeding 5 years, or both. Sec. 6. Every removal, appointment, or employment, made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning, or issuing of any commission or let ter of authority for or in respect to any such appointment or employment, are declared to be high misdemeanors, and, upon trial and conviction thereof, persons guilty thereof shall be punished by a fine not exceeding $10,000, or by imprisonment not exceeding 5 years, or both: Provided, That the President shall have power to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointment shall have been advised and consented to by the Senate. Sec. 7. It shall be the duty of the Secretary of the Senate, at the close of each session, to deliver to the Secretary of the Treasury, and to each of his assistants, and to each of the auditors, and to each of the comptrollers in the treasury, and to the treasurer, and to the register of the treasury, a full and complete list, duly certified, of all the persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session. Sec. 8. The President shall notify the Secretary of the Treasury when he has made an appointment to office without the consent of the Senate; and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department. Sec. 9. No money shall be paid or received from the treas
ury, or paid or received from or retained out of any public moneys or funds of the United States, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any office contrary to the provisions of this act; nor shall any claim, account, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved, certified, or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof; and persons who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor, and, upon trial and conviction thereof, shall be punished therefor by a fine not exceeding $10,000, or by imprisonment not exceeding 10 years, or both. [The bill was passed over the President's veto on March 2, 1867.] CHAP. CLV.-Proclamations of the President Declared Falid-Declares valid and conclusive all acts, proclamations, and orders of the President of the United States, or acts done by his authority or approval after the 4th March, 1861, and before the 1st July, 1866, respecting martial law, military trials by courts-martial or military commissions, or the arrest, imprisonment and trial of persons charged with participation in the late rebellion against the United States, or as aiders or abettors thereof, or as guilty of any disloyal practice in aid thereof, or of any violation of the laws or usages of war, or of affording aid and comfort to rebels against the authority of the United States, and all proceedings and acts done or had by courts-martial or military commissions, or arrests and imprisonments made in the premises by any person by the authority of the orders or proclamations of the President. [March 2, 1867.]
CHAP. CLVI.-Allotment of Judges of the Supreme Court. The chief justice and associate justices of the Supreme Court of the United States shall be allotted among the circuits by order of the court. New allotments, if necessary, shall be made by the court; or, if they become necessary at any other time than during the term, by the chief justice. A marsbal of the Supreme Court of the United States may be appointed by the court with a salary of $8,000 per annum. The marshal, with the approval of the chief justice, may appoint assistant marshals and messengers. [March 2, 1867.]
CHAP. CLVIII.- Department of Education. Establishes at the city of Washington a department of education, for the purpose of collecting such statistics and facts as shall show the condition and progress of education in the several States and Territories, and of diffusing such information respecting the organization and management of schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country. At the head of the department shall be a commissioner of education, appointed by the President, with the consent of the Senate. He shall receive a salary of $4,000, and shall have authority to appoint a
chief clerk with a salary of $2,000, one clerk with a salary of $1,800, and one clerk with a salary of $1,600. The commissioner shall make an annual report to Congress, and his first report shall present a statement of the land grants by Congress to promote education, their manage ment, the amount of funds arising therefrom, and the annual proceeds of the same. [March 2, 1867.]
CHAP. CLIX-Rights of Volunteers.-In computing the service of any army officer, the time of all actual service shall be taken into account. This provision shall apply to all appointments under the act 1866, ch. 299. All rules as to pay, rank, duties, &c., shall apply alike to officers and soldiers of the regular army and of the volunteer service. State militia shall not be affected by this act. Emoluments of commissioned officers of army shall not be increased by act 1864, ch. 145. The first section of act 1865, ch. 79, shall not be retroactive. [March 2, 1867.]
CHAP. CLXII.-Howard University.-Incorporates the Howard University in the District of Columbia. Its net annual income shall not exceed $50,000 over and above and exclusive of the receipts for the education and support of the students of the University. [March 2, 1867.] CHAP. CLXIV-National Theological Institute. Amends an act of May 10th, 1866. Changes the name of the "National Theological Institute" to that of the "National Theological Institute and University. The corporation may hold real estate to the amount of $250,000, and shall have the right to confer degrees, and all other rights of universities. [March 2, 1867.]
CHAP. CLXIX.-Internal Revenue.-An act to amend existing laws relating to internal revenue, and for other purposes. All acts relative to the internal revenue laws now required to be done in May and June, shall be done hereafter in March and April. The tax on cotton shall, after Sept. 1, 1867, be 2 cents per pound. [March 2, 1867.]
the officers of the army and navy, and of the Freedmen's Bureau, to prohibit and prevent whipping or maiming of the person, as a punishment for any crime, misdemeanor or offence, by any pretended civil or military authority in any State lately in rebellion until the civil government of such State shall have been restored, and shall have been recognized by the Congress of the United States. SEC. 6. All militia forces now organized or in service in either of the States of Virginia, North Carolina, South Carolina, Geor gia, Florida, Alabama, Louisiana, Mississippi, and Texas, shall be forthwith disbanded, and the further organization, arming, or calling into service of the said militia forces, or any part thereof, is prohibited under any circumstances whatever, until the same shall be authorized by Congress. [The President, in a message of March 2, protested against Sec. 2 of this act, which, he says, "in certain cases virtually deprives the President of his constitutional functions as Commander-in-Chief of the Army," and against Sec. 6, "which denies to ten States of the Union their constitutional right to protect themselves, in any emergency, by their own militia." But notwithstanding his protest against these two sections he signed the act, lest, "by withholding his signature, the necessary appropriation be defeated." [March 2, 1867.]
CHAP. CLXXIV.-Navy.-The Admiral shall be the ranking officer of Navy. Section 6 provides that disabled persons, who have served as enlisted persons in the navy or marine corps for twenty years, shall receive from the naval pension fund half of their rating when discharged. Disabled persons so serving for not less than ten years, may apply for aid from the surplus income of the naval pension fund. [March 2, 1867.]
CHAP. CLXXV.-Brevets in the Army.-Brevet rank may be conferred on officers in the army for gallant conduct in the volunteer service, prior to their appointment in the army. [March 2, 1867.]
vacation, and when sitting in chambers, are the same as when sitting in court and in term time. They may be held in any part of the district. The circuit courts have also a general supervis
CHAP. CLXX.-Army Appropriations-Irre CHAP. CLXXVI.-Bankruptcy Act.-An Act movability of the General of the Army. to establish a uniform System of Bankruptcy SEC. 1. Makes appropriations for the support of throughout the United States. The district the army for the year ending June 30, 1868. SEC. courts of the United States are constituted courts 2. The head-quarters of the General of the army of bankruptcy under this act, in all matters unshall be at Washington, and all orders and in- der, or growing out of which, they have original structions relating to military operations issued jurisdiction. They are always open for business by the President or Secretary of War shall be is-under this act, and the powers of the judge in sued through the General of the army, and, in case of his inability, through the next in rank. The General of the army shall not be removed, suspended, or relieved from command, or assigned to duty elsewhere than at said head-ion of all cases under this act, and may be ap quarters, except at his own request, without the previous approval of the Senate; and any orders or instructions relating to military operations issued contrary to the requirements of this section shall be null and void; and any officer who shall issue orders or instructions contrary to the provisions of this section shall be deemed guilty of a misdemeanor in office; and any officer of the army who shall transmit, convey, or obey any orders or instructions so issued contrary to the provisions of this section, knowing that such orders were so issued, shall be liable to imprisonment for not less than 2 nor more than 20 years, upon conviction thereof in any court of compe tent jurisdiction. SEC. 5. It shall be the duty of
pealed to from the district courts, with which they have also concurrent jurisdiction in all cases wherein the assignee in bankruptcy is a party; but no claim can be maintained by or against an assignee touching the bankrupt's property after. the lapse of two years. One or more registers shall be appointed in each congressional district, whose duty it is to act in the place of the judge in all merely administrative and uncontested cases. Bankruptcy may be either voluntary or involuntary. The debtor may assume voluntary bankruptcy if his aebts exceed three hundred dollars, by filing a petition, setting forth his debts, an inventory of all his possessions, and a declaration of willingness to give them up
rupts or officers who are guilty of fraud or offen-
CHAP. CLXXVIII.-Port of Albany.-Makes
CHAP. CLXXX.-Imprisonment for DebtState laws for discharge from imprisonment for debt shall apply to process from courts of the United States. [March 2, 1867.]
CHAP. CLXXXII.-Mail Steamship Service with the Hawaiian Islands.-Authorizes the postmaster-general to establish ocean mail steam service between the United States and the Hawaiian Islands by contract with the lowest bidder who is a citizen of the United States. The contract shall go into effect on or before Jan. 1, 1868. [March 2, 1867.]
CHAP. CLXXXV.-Appeals and Writs of Error.-Appeals or writs of error brought from districts in which the sessions of the courts have been interrupted, shall be valid, though the time for bringing the same may have previously expired; and new appeals or writs of error may be brought within one year from the passage of this act. [March 2, 1867.]
CHAP. CLXXXVI.-Public Fund in Custody of Freedmen's Bureau.-The commissioner of the bureau of refugees, freedmen, and abandoned lands, is constituted the custodian of retained bounty fund, and appointed trustee for the benefit of colored soldiers and their lawful representatives. [March 2, 1867.]
to his creditors. A warrant then issues from the court appointing a time and place for a meeting of the creditors. At this meeting an assignee or assignees are chosen, subject to the approval of the court, to whom is delivered all the property of the bankrupt, except that specifically exempted. The assignee possesses all the powers for recovering debts due the debtor, which the latter would otherwise have possessed.The court may examine the bankrupt, or the wife of the bankrupt, on oath, or any person who may be able to give evidence on any matter pertaining to the bankrupt's affairs, and may compel their attendance. All claims against the bankrupt must be duly verified in writing and on oath. Those which are approved are registered by the assignee, and all creditors, whose claims are allowed, are entitled to share in the bankrupt's estate, pro rata, no priority of claim being allowed except for the wages of certain servants. At the expiration of each three months after the adjudication of bankruptcy, the approved creditors may receive dividends on their claims; and after all claims have been decided upon, and the assignee's accounts have been approved by the court, all expenses of the proceedings are paid from the portion of the estate remaining in the hands of the assignee, and the residue divided finally among the creditors. After six months from the adjudication of bankruptcy, the bankrupt may receive a discharge from all previous debts honestly contracted by and due from him, provided there has been no fraud on his part in the proceedings. Any conveyance or transfer of property made by the debtor to a preferred creditor, in view of insolvency, within four months before the filing of a CHAP. CLXXXVII.-Peonage Abolished.petition in bankruptcy, is void; and the creditor The holding of any person to service or labor who, knowing the facts, receives such convey-under the system of service or labor known as ance, forfeits all share in the bankrupt's estate, peonage, is declared unlawful and abolished in and also double the value of the money or prop- New Mexico, or in any other Territory or State erty so obtained, which is recoverable by the of the Union. All acts, etc., establishing it are assignee for the benefit of the estate. A part-declared void, and the civil and military officers nership or firm may be made bankrupt by the shall have the duty to enforce this act. [March filing of a petition by any member, when not 2, 1867.] only the joint property but the separate estates of each member of the firm is taken by the assignee. Separate accounts are kept by the assignee, who pays the private debts of each member from his own estate, and the balance is added to the joint stock for the benefit of the creditors of the firm, if the property of the firm shall not have been sufficient to liquidate the claims against it. A certificate of discharge is given or refused to each partner according to the merits of his individual case. Where partners reside in different districts, jurisdiction is in that district where the petition is first filed. Involuntary bankruptcy may be forced upon any debtor who has committed certain acts of actual or constructive fraud, by which he is deemed to have committed an act of bankruptcy, on the petition of any one of his creditors whose debt amounts to $250. If the debtor so demand, the question of fact as to the alleged act of bankruptcy may be tried by a jury; and if the allegations in the question be maintained, or if the debtor allow the matter to go by default, a warrant of bankruptcy issues, and the estate of the bankrupt is settled in a manner similar to that in a case of voluntary bankruptcy. Fines and No. 4.-Medals to Soldiers.-The adjutantimprisonment are decreed against either bank-general of West Virginia may distribute through
CHAP. CXCIII.-Crimes.-Robbery and larceny of personal property belonging to the United States shall be punished by fine not exceeding $5,000, or by imprisonment at hard labor not less than 1 nor more than 10 years, or by both. [March 2, 1867.]
CHAP. CXCIV.-Compound Interest Notes. -Temporary loan certificates may be issued to redeem compound interest notes. [March 2, 1867.]
CHAP. CXCVI.-Removal of Cases from State Courts.-Suits in State courts may be removed to circuit court of the United States, when, from local influence, there is reason to believe that justice cannot be had in State court. [March 2, 1867.]
CHAP. CXCVII.-Wool.-Provides increased revenue from imported wool. [March 2, 1867.]
No. 8.-Paris Exposition.-Instructs the commissioner of agriculture to collect and prepare specimens of the cereal productions of the United States for exhibition at the Paris Exposition. [January 11, 1867.]
the mails, free of postage, to the honorably discharged soldiers of West Virginia, and to the relatives and friends of those who were killed or died of wounds or disease while in service, certain medals furnished by the legislature of that State. [January 14, 1867.]
of Brevet Lieutenant-General Winfield Scott. [March 2, 1867.]
No. 46.-Payment Prohibited to Certain Persons.-Prohibits payment by any government officer to any person not known to have been opposed to the rebellion. [March 2, 1867.] No. 49.-National Banking Associations.Excess of duty paid by any national bank shall
No. 5.-Post Office and U. S. Court in New York-Appoints a commission to purchase for the sum of $500,000 the lower part of Citybe refunded. [March 2, 1867.] Hall Park, as site for a building for the post- No. 51.-Ship Canal through the Isthmus of office and United States courts in New York. Darien.-Directs the Secretary of State to ob[Jan. 22, 1867.] tain from the United States of Colombia author
No. 7.-National Asylum for Disabled Vol-ity for the United States to make survey of the unteers.-The Secretary of War may transfer to Isthmus of Darien for a ship canal. [March 2, the National Asylum for Disabled Volunteer 1867.] Soldiers any of the property of the United States still remaining at Point Lookout, Md. [Jan. 29, 1867.]
No. 52.-Thanking the Chambers of Brazil. -Acknowledges resolutions of sorrow for death of President Lincoln adopted by the Chambers of Brazil. [March 2, 1867.]
No. 11.-Internal Revenue.-Alcohol and burning fluid made from certain materials No. 58.-Post-Office and Sub-Treasury of on which taxes have been paid shall be ex-Boston.-Appoints a commission to select site empt from tax. The annual tax of $50 on dis- for Post-Office and Sub-Treasury in Boston. tillers of burning fluid, &c., is repealed. [Feb. [March 2, 1867.] 5, 1807.]
No. 55.-Exchange of Public Documents.No. 12.-Kentucky Militia.-Directs the Sec- 50 copies of all documents printed by order of retary of War to cause the claims of the Ken- Congress, and 50 copies additional of all docutucky forces under the command of James S. ments printed in excess of the usual number, toFish to be investigated and paid. [Feb. 8, 1867.]gether with 50 copies of each publication issued No. 14.-Alcohol in Bond.-Alcohol may be by any department or bureau of the government, withdrawn from bond by curators of scientific shall be exchanged, through the agency of the institutions without payment of internal tax. Smithsonian Institution, for works published in [Feb. 18, 1867.] foreign countries, said works to be deposited in the library of Congress. [March 2, 1867.]
No. 15.-Ocean Mail Service.-The Postmaster-General is authorized to employ ocean mail service between San Francisco, Cal., and Port-sents the thanks of Congress to Cyrus W Field, land, Oregon, three times per month, the cost not to exceed $25,000 per annum. [Feb. 18, 1867.]
No. 16.-Pensions.-The pensions of widows of revolutionary soldiers shall, from Sept. 30, 1865, be paid at the same rate as the deceased soldiers would be entitled if living. [Feb. 18, 1867.]
No. 17. David's Island. - Authorizes the Secretary of War to purchase David's Island, in Long Island Sound, at the sum of $88,500. [Feb. 18, 1867.]
No. 23.-Supplies for the People of the Southern States.-Authorizes the Secretary of the Navy to assign a public vessel to transport supplies to the suffering people of the Southern States. [Feb. 22, 1867.1
No. 26.-Ship Canal across the Isthmus of Darien.-Authorizes the Secretary of the Navy to furnish aid and facilities to citizens of the United States engaged in the survey of a route for a ship canal across the Isthmus of Darien. [Feb. 25, 1867.]·
No. 80.-Additional Compensation to Civil Officers.-Twenty per cent. additional pay shall be allowed to certain persons in the civil service at Washington, D. C. This resolution shall not apply to those whose salary exceeds $3,500 a year. [Feb. 28, 1867.] No. 81.
Agricultural Colleges. -Extends the provisions of the acts in regard to agricultural colleges (1862, ch. 180, and 1865, ch. 209) to the State of Tennessee. [Feb. 28, 1867.]
No. 45.-Equestrian Statue to LieutenantGeneral Winfield Scott.-Authorizes the Secretary of War to contract, at a price not exceeding $20,000, for an equestrian statue, in bronze,
No. 57. Thanks to Cyrus W. Field.-Prefor his foresight, courage, and determination in establishing telegraphic communication by means of the Atlantic cable, traversing mid-ocean and connecting the Old World with the New; and requests the President to cause a gold medal to be struck, with suitable emblems, devices, and inscription, to be presented to Mr. Field. [March 2, 1867.]
Dec. 28, 1866-Tonnage Duties on French Vessels. Proclaims that on and after Jan. 1, 1867, so long as vessels of the United States shall be admitted to French ports on the same terms as vessels belonging to citizens of France, French vessels entering ports of the United States will be subject to no higher rates of duty on tonnage than are levied upon vessels of the United States.
Jan. 12, 1867.-Enforcing Neutrality in the Civil War of Japan.-Calls a public attention to and sanctions and confirms a notification by the minister resident of the United States in Japan forbidding American merchant vessels from stopping or anchoring at any port or roadstead in that country except the three opened ports, viz: Kanagawa (Yokohama), Nagasaki, and Hakodate, unless in distress or forced by stress of weather, as provided by treaty, and giving notice that masters of vessels committing a breach of the regulation would thereby render themselves liable to prosecution and punishment, and also to forfeiture of the protection of the United States, if the visit to such non-opened port or roadstead should either involve a breach of treaty or be construed as an act in aid of the insurrection or rebellion in Japan.