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and when a change is made in the master of a vessel, a memorandum of such change is to be endorsed on the License, and other proceedings had, in the same manner as is directed in respect to Certificates of Enrolment: C's cir. 28th December, 1793; V. 1, p. 68.
149. When a License is lost, mislaid, or destroyed, a formal notice of the fact, on legal -notification of Liproof thereof, is to be given to the Collector of the port in which the vessel shall first be censes lost or destroythereafter; which proof, if not made to the Collector of the District in which the License was issued, shall be conveyed to him by the Collector before whom such proof is made, as in the like cases of Registers, Records, and Enrolments: C's cir. 28th December, 1793; V. 1, pp. 67,85.
150. Licenses, form of, (or Certificates of Enrolment, or Certificates of Registry, at the Licenses or other option of the owners,) authorized by act of 3d March, 1825, to be issued to steamboats owned papers, to Steamboats, by incorporated companies: C's cir. 3d June; 1825; V. 2, pp. 417, 419.
151. Licenses may be issued to safety barges, or freight barges, drawn or towed by steam- -to safety or freight
barges : boats, as appendages therelo: C's cir. 15th August, 1826; V. 2, pp. 448.
152. Licenses are authorized, by the act of 24th May, 1828, to be issued to vessels to be to vessels in the
mackerel fisheriesemployed in the mackerel fisheries; but under said Licenses for the mackerel fisheries the abused: benefits of bounty, as appertain to Licenses for the cod fisheries, have been improperly applied by Collectors, for whose government the proper distinction is now explained: C's cir. 9th February, 1829; V.3, p. 7.
153. Licenses shall be issued 10 boats and vessels of every description, employed either to be issued to all in the coasting or foreign trade, on the Lakes and Rivers on the Northern frontier, accord- boats and vessels, em
, ing to regulations and forms to be prescribed by the Secretary of the Treasury: C's cir. &c. 11th June, 1831; V. 3, p. 165.
154. (The illegal practice of changing the names of steamboats in several of the ports of Changing the names
of vessels on renewthe Western waters, on granting temporary Registers and Licenses, is ordered to be discon- ing Licenses, &c., is tinued: C''s cir. 16th December, 1841; V.3, p. 911.)
155. Keeled boats, which do not trade to New Orleans, are not required to be Licensed; Keeled boats—their and the hands on board of such boats are not liable to pay hospital tax, nor are they entitled License, and phospital
trading to to the benefits of that fund: C's cir. 5th June, 1833; V.3, p. 401.
156. Regulations respecting the Licensing of Steamboats on the waters of the Mississippi Licenses to Steam
boats on the Western and Ohio rivers, whether built of new, or in part of old, materials: C's cir. 8th January, waters 1842; V.3, p. 917.
157. Regulations are prescribed respecting the Licensing of canal boats, steam ferry
License and passenboats, &c., and their taking passengers aboard: C's cir. 8th March, 1842; V. 3, pp. canal and ferry boats.
ger regulations for 935, 936.
158. (In the construction of vessels, instances have occurred of introducing a "temporary" or false ceiling above the kelson in single-decked vessels, with a view to lessen the
Admeasurement of vessels diminished by
false ceiling, &c. (See depth of the vessel, and thereby fraudulently diminish its tonnage; this practice is deNo. 94, ante.)
nounced as a violation of law, and a reference is made to the 64th section of the Collection law of 20 March, 1799, for the true definition of the ceiling in the bold,” which is to be the guide for admeasurement, exclusive of any false or temporary ceiling constructed above it: S's cir. 4th November, 1843; V.3, p. 325.)
Recapitulation of in- 159. Sundry regulations and instructions are recapitulated and extended relative to the stractions, with additions, respecting Li- Registering, Enrolling, and Licensing of Vessels, including instructions respecting the issue censes and other ship of Clearances, Passports, Bills of Health, Sea Letters, Permits to touch and trade at foreign papers.
ports by fishing vessels, and certified lists of the crew of vessels: C's cirs. 6th and 22d Juno., 1839; V.3, pp. 745, 751.
CLEARANCES, required for all vessels outward bound.
160. All ships or vessels, outward bound, must exhibit to the Collector of the port the manifests of the cargoes they have on board, before a clearance can be granted: C's cir. 1st December, 1789; V.1, p. 9. (For fees, see Nos. 162, 163, and 167, post.)
161. In case of mandamus, ( 14 ) which has recently been issued by the Circuit Court for the District of Charleston, South Carolina, lo the Collector of that port, ordering him to issue a “CLEARANCE"' to a certain vessel that the Collector had detained by order of the President, as in execution of the Embargo laws-the opinion of the Attorney General taken thereon is transmitted to Collectors and District Attorneys, by direction of the President; (that opinion is neither recorded in this office, nor in that of the Attorney General:] C's cir. 21st July, 1808; V. 1, p. 241.
Clearance fee for British vessels on the Lakes:
162. A fee of one dollar is directed to be charged on every clearance of a British vessel, clearing from any port or place on the Northern frontier for any place in Upper Canada: C's cirs. 9th June and 9th November, 1831; V.3, pp. 159, 193.
fee dispensed with.
163. The aforesaid fee of one dollar on issuing a Clearance is dispensed with, on principles of reciprocity, in regard to British vessels sailing from ports in the United States for ports in Upper Canada— but the taking out a Clearance by such vessels, according to law, is insisted on: C's cir. 22 December, 1831; V.3, p. 199.
SEA LETTERS, for 164. The Secrelary of the Treasury transmits blank Sea Letters, (in a series of two forms,) recognition and rection of American signed by the President and countersigned by the Secretary of State, to be filled up by vessels during a state Collectors, and one of each form to be delivered to every American vessel (exclusive of of war-and quarterly returns of the same = any vessel wholly or in part owned by a foreigner) for their identification and protection on
the seas during the state of war; together with other instructions and regulations relating thereto, and to the quarterly returns to be made of those issued, and those remaining on hand, &c.; S's cirs. 13th and 14th May, 1793; V. 1, pp. 136 to 139.
to be granted to foreign built vessels whol
165. It is decided that the Sea Letters required by the Treaties of the United States with France and the United Netherlands, ought to be granted to any foreign built ships or
(14.) This case of a mandamus, issued by the Circuit Court of the United States, South Carolina District, Johnson and Bee, judges, to the Collector of Charleston, commanding him to issue a Clearance for the ship Resource, Mouton, Captain, is given in full, with the opinion of the Attorney General, Cæsar A. Rodney, adverse to the principles of the mandamus, and the rejoinder thereto by Judge Johnsou, in the American Law Journal, vol. 1, p. 429, by John E. Hall, Philadelphia, 1808.
vessels which shall be wholly owned by citizens of the United States, though such vessels ly owned by citizens be not entitled to be Registered:" C's cir. 15th August, 1793; V. 1, p. 57.
of the U.S.
166. Collectors are informed that the fee for each Sea Letter, (as also for other un- --fee for Sea Letters, enumerated documents, according to the 52d section of the Collection law, is 20 cents;) and and caution respecting they are cautioned against fraudulent pretences practised 10 obtain the issue of Sea Letters: C's cir. 15th August, 1793; V. 1, p. 57.
167. Passports (commonly called Mediterranean Passports) to foreign places, exclusive of MEDITERRANEAN
PASSPORTS-fees for, South America and American Islands, are granted to Registered vessels only, at ten dollars and for each Clearfor every Passport: also a fee of four dollars is demandable for every Clearance of a Regis- ance of a Registered tered vessel: C's cir. 15th August, 1796; V. 1, p. 135.
168. A change of owner or master of a vessel does not necessarily vacate a Passport, (ex- change of owner,
&c., does not vacate a cept at the choice of the party,) but the change should be endorsed on the Passport, as is Passport :done on the Certificate of Registry: C's cir. 15th August, 1796; V. 1, p. 135.
169. Blank Passports are to be applied for to the Secretary of the Treasury, in the same manner as for Sea Letters: C's cir. 15th August, 1796; V. 1, p. 135.
Blanks to be applied for to the Secretary.
170. Mediterranean Passports, and Sea Letters, signed by the President and counter- New supply of Sea
Letters and Meditersigned by the Secretary of State, are transmitted, with a request to be timely informed of the ranean Passports,
transmitted :number that may be wanted at suitable intervals; and that those on hand, signed by the late President (Washington) be returned to the Treasury Department: S's cir. 7th March, 1797; V. 1, p. 183.
171. The same subject is repeated, of supply of Passports and Sea Letters, with the usual request to return those blanks on hand, signed by the predecessor of the new President: S's cir. 10th March, 1801; V. 1, p. 204.
172. The issue of Sea Letters being intended for a state of war, lo ascertain our FLAQ to
Issue of Sea Letters
partially suspended in the belligerant parties, such issue is now discontinued, except to vessels going beyond the state of Peace :Cape of Good Hope: S's cir. 9th December, 1802; V.1, p. 219.
174. Sea Letters are again authorized to be issued to vessels engaged in the West India -issue renewed. trade-o commence with the 25th July, 1803: S's cir. 11th June, 1803; V.1, p. 225.
175. The Secretary of the Treasury informs Collectors, that the Secretary of State
Form of Passport
changed, and supply has changed the form of Mediterranean Passports, under views of expediency, and trans- transmitted. mits to them a supply of the new form, to be substituted for the old, without charging any fees for the exchange: S's cir. 4th June, 1804; V. 1, p. 232.
176. The rule for issuing Sea Letters heretofore, observed under the instructions of 13th restricted to Register May, 1793, being liable to abuse, they are forbid being issued in future to Recorded vessels, ed vessels :or vessels not entitled to Registry: S's cir. 31st January, 1805; V. 1, p. 233.
estimate, and statement of, on hand, &c., required.
177. The Secretary of the Treasury calls on Collectors for a statement of the number of Sea Letters and Mediterranean Passports that may be on hand, and an estimate of the number that may be wanting for the ensuing year: S’s cir. 10th December, 1805; V. 1, p. 241.
Sea Letters and 178. Sea Letters and Mediterranean Passports defined; the former are only necessary to Mediterranean Pagsports defined and dis- commend neutral vessels, in time of war, to the comity of nations—the latter are intended tinguished.
to protect American vessels against the cruisers of the Barbary Powers: these instruments, however, are sometimes improperly confounded: (15) S's cir. 25th February, 1815; V. 2, p. 47.
Issue of Sea Letters again suspended.
179. Peace having been restored, the issuing of Sea Letters is again dispensed with, except to vessels going beyond the Cape of Good Hope: S’s cir. 10th April, 1815; V. 2, p. 48.
( 15.) By the same circular the Secretary states that a Certificate of Property (or ownership of a vessel) which has no authority but custom-house usage, is sometimes erroneously substituted for a “Sea Letter," and the one mistaken for the other: S's cir. 25th February, 1815; V. 2, p. 47. The following are the forms of Sea Letters, and of Mediterranean Passports ; the former are always made in four languages, French, Spanish, English, and German, of which the English is sufficient for this illustration, viz :
“ James K. Polk, President of the United States of America, to all who shall see these presents, greeting : "Be it known, that leave and permission are hereby given to
master or commander of the
called of the burthen of tons, or thereabouts, lying at present in the port of
and laden with to depart and proceed with the said
on his said voyage, such
having made oath before the proper officer that the said
belongs to one or more of the citizens of the United States of America, and to him or them only. “IN WITNESS WHEREOF, I have subscribed my name to these presents, and affixed the seal of the United States of America thereto, and caused the same to be countersigned by
in the year of our Lord “By the President: “Most Serene, Serene, most Puissant, Puissant, High, Illustrious, Noble, Honorable, Venerable, Wise, and Prudent Lords, Emperors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Schepens, Counsellors, as also Judges, Officers, Justiciaries, and Regents, of all the good cities and places, whether Ecclesiastical or Secular, who shall see these patents or hear them read : We make known, that the master of
appearing before us, has declared, upon oath, that the vessel called of the burthen of about
tons, which he at present navigates, is of the United States of America, and that no subjects of the present belligerant Powers have any part or portion therein, directly or indirectly, so may God Almighty help him. And, as we wish to see the said master prosper in his lawful affairs, our prayer is, to all the beforementioned, and to each of them separately, where the said master shall arrive with his vessel and cargo, that they may please to receive the said master with goodness, and to treat him in a becoming manner, permitting him, on paying the usual tolls and expenses in passing and repassing, to pass, navigate, and frequent the ports, passes, and territories, to the end to transact his business, where and in what manner he shall judge proper. Whereof we shall be willingly indebted.”
“ In witness and for cause whereof we affix hereto the seal of
(Form of Mediterranean Passport.)
" BY THE PRESIDENT OF THE UNITED STATES OF AMERICA :
“ Suffer the
tons, or thereabouts, mounted with
guns, navigated with
men, to pass with her company, passengers, goods, and merchandize, without any hinderance, seizure, or molestation, the said
appearing, by good testimony, to belong to one or more of the citizens of the United States, and to him or them only. “Given under my hand, and the seal of the United States of America, the
in the year of our No. Lord thousand
hundred and “By the President :
Secretary of State.
(Penalty for not tako ing Passports, &c.)
180. (Passport and Clearance fees or charges being repealed, does not exonerate the masters of vessels (having Registere) bound to foreign ports, from taking out Passports and Clearances; for a neglect of which the penalty will be still incurred: C's cir. 25th March, 1831; V. 3, p. 122.)
181. In anticipation of a maritime war in Europe, Sea Letters are again transmitted to Collectors for provisional issue: S's cir. 31st July, 1815; V. 2, p. 55.
Sea Letters again renewed.
182. (The Secretary of State, by a circular to Collectors, dated
1798, trans- LETTERS OP MARQUE mits the proper blanks for the issue of Commissions-Letters of Marque and Reprisal—to by order of the Secre
AND REPRISAL, issued public and private armed vessels of the United States, to capture French armed vessels on tary of State : the high seas, and to recapture American vessels taken by the French: which instructions, he says, properly belong to the Secretary of the Navy, but the emergency does not admit of delay to restore the measure to its proper channel: See vol. 1, p. 195, cirs. of the Secretary of the Treasury.)
183. It is provided by act of 26th June, 1812, “respecting Letters of Marque, prizes, and Letters of Marque
and Reprisal liable to prize money,” that the Commissions, or Letters of Marque or Reprisal, (authorized by the forfeiture, &c. act of 18th June instant, to be issued by the President against the vessels and property of Great Britain during the war declared by said act, which may be held by commanders of any private armed vessels, who shall violate the revenue laws of the United States, shall be forfeited and rendered invalid; and they, and their vessels, shall be liable to the penalties and forfeitures attaching to merchaut vessels committing like offences: for the faithful execution of which provisions, Collectors are required to exert due vigilance: O's cir. 13th July, 1812; V.1, p. 273.
184. (The Secretary of State, by a circular dated 3d September, 1812, calls the attention Monthly returns reof Collectors to the 2d section of the act of 26th June, 1812, concerning the issue of Letters of quired by the SecreMarque, prizes, and prize goods; and he requires a monthly return to be transmitted to his ing Letters of Marque. Department, of the statements called for by the said act, from all persons making application for Letters of Marque: (16) See vol. 2, p. 13, cirs. of the Secretary of the Treasury.)
( 16.) The following is the form of a Letter of Marque, accompanied by the instructions of the Secretary of State, issued subsequently to those instructions referred to above :
[Copy of Commission No. , granted at the Port of Baltimore, to Captain Matthew Kelly.)
“ James Madison, President of the United States of America, to all who shall see these presents, greeting : “Be it known, that in pursuance of an act of Congress, passed on the eighteenth day of June, one thousand eight hundred and I have commissioned, and by these presents do commission, the private armed schooner called the Patapsco, of the burthen of two hundred fifty-nine tons or thereabouts, owned by Henry Fulford, George P. Stevenson, Matthew Kelly, Henry Holden, Amos A. Williams, Levi Hollingsworth, and Andrew Clopper, of the City of Baltimore, in the State of Maryland, mounting six carriage guns and navigated by thirty-five men, hereby authorizing Matthew Kelly, Captain, and John Young, Lieutenant of the said schooner Patapsco, and the other officers and crew thereof, to subdue, seize, and take any armed or unarmed British vessel, public or private, which shall be found within the jurisdictional limits of the United States, or elsewhere, on the high seas, or within the waters of the British dominions; and such captured vessel, with her apparel, guns and appurtenances, and the goods or effects which shall be found on board the same, together with all the British persons and others who shall be found acting on board, to bring within some port of the United States ; and also to retake any vessels, goods and effects of the people of the United States, which may have been captured by any British armed vessel, in order that proceedings may be had concerning such capture or recapture in due form of law, and as to right and justice shall appertain. The said Matthew Kelly is further authorized to detain, seize, and take all vessels and effects, to whomsoever belonging, which shall be liable thereto, according to the law of nations and the rights of the United States as a power at war, and to bring in the same within some port of the United States, in order that due proceedings may be had thereon. This commission to continue in force during the pleasure of the President of the United States for the time being.