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my circular of the 1st August, 1801, the directions of which you will observe as far as they apply. If a quantity sufficient of American shipping, according to the prescribed ratio of tonnage, to carry away the seamen on your hands, are not in port, nothing in this section prevents your making a reasonable agreement, above the rate of ten dollars per man, to transport the whole number; provided that the proper number, according to the tonnage, be taken at a rate not exceeding that sum. Certificates of refusal on the part of masters of vessels to receive seamen on board, according to the requisitions of this section, are to be made up and registered in the consular books immediately after they happen, and duplicates forwarded to the Department of State as soon as may be.
Their form may be as follows:
I, A. B., consul, vice-consul, commercial agent, or vice-commercial agent, (as the case may be,) for hereby certify, that on the day of as consul, &c., as aforesaid, I requested C. D., master and commander of the ship
of the burden of tons or thereabouts, then being a vessel belonging to a citizen or citizens of the United States, and lying in the port of to take on board his said ship E. F. G. H. and I. K., all seamen of the United States, and found and then being destitute within my official district, and to transport them to the port for which his said ship was then destined and soon to sail, on such terms, not exceeding ten dollars for each of the said seamen, as might be agreed upon between him, the said C. D., and myself; and that I then and there tendered to him, the said C. D., the sum of thirty dollars, viz: ten dollars for each of the said seamen, as a compensation for receiving and transporting them as aforesaid; the said seamen being then and there present, ready to be received by the said C. D. on board his said ship; but the said C. D. then and there, and ever afterwards, altogether refused and neglected to receive the said seamen, or either of them, on board his said ship, and to transport them as aforesaid. In faith whereof, I have made this certificate under my hand and official seal, at
The fifth section removes the legal defects on which the circular from the Department of State, dated 26th August, 1802, was addressed to you.
No other part of the law appears at present to demand elucidation or remarks.
It has unfortunately happened, that, at no period since the slave trade was prohibited, have all our citizens abstained from a traffic deemed worthy of the anxious solicitude of Congress to restrain, as manifested in the several high penal laws passed on the subject, and alike discountenanced by the regulations of every State in the Union. Now, when peace has turned the attention of several nations to the settlement and extension of their colonies, there is danger of this evil increasing, and I must recommend earnestly to the consuls, especially those in America, to exert a steadfast vigilance respecting all such infractions of the laws which may be attempted, and to report them, with due precision, to the Department of State.
By a resolution of the House of Representatives of the 3d of March last, the Secretary of State is directed to lay before them, early in the next session, a view of the light money payable by vessels of the United States on entering the different ports of the nations of Europe, and of the same by ships or vessels of such nations entering their own ports. For the elements of this view I must have recourse to your information; and as the occasion is suitable, it
may be desirable to connect with your communication some other matters having an intimate relation with it. I therefore request you to send me a table containing the rate of duty payable for the benefit of lights in the several ports of
your district (naming them) on vessels of the United States, on those of the country in which you reside, and those of other foreign nations ; a table similarly distinguished, of duties payable for anchorage, buoys, piers, and generally such as are levied for the improvement or preservation of channels or harbors other than for lights ; and 3d, such a table exhibiting the expense of quarantine. You will accompany the whole with such remarks as may tend to give a full view of the subject.
I have the honor to be, sir, very respectively, your most obedient servant,
To the Consuls and Commercial agents of the United States.
DEPARTMENT OF STATE, October 1st, 1803. Sir : I avail myself of this occasion to furnish you with the annexed remarks, made by the Comptroller of the Treasury, respecting sales of American registered vessels, as they may be affected by the laws of the Union, and the construction placed upon them by the officers of the Treasury Department.
Having as yet received but few returns to the request made in the concluding paragraph of my last circular of the 9th of April, permit me to request that no further delay may take place in forwarding them. I have the honor to be, very respectfully, sir, your most obedient servant,
“ TREASURY DEPARTMENT, Comptroller's office, 10th September, 1803. “1. Vessels of the United States, which have been registered as the law directs, may be purchased by an Ameri“ can citizen residing in a foreign country, if such citizen be in the capacity of a consul of the United States, or an
agent for, and partner in, some house of trade or co-partnership consisting of citizens of the United States, and “ they will still retain their American character. This is specially provided by the act of 31st December, 1792.
“ 2. Such vessels may be purchased by persons residing in a foreign country, duly authorized by citizens resident “ in the United States to purchase for them, without losing their American character.
63. Such vessels cannot be purchased and owned by citizens of the United States, who may be temporarily “ resident oratinerant in a foreign country, without forfeiting their American character, unless such person be an “ agent for, or partner in, some house of trade, &c., as specified in the third section of the act of 31st December, * 1792.
66 4. Under the act of the last session, chap. 71, a vessel of the United States, which has been registered accord“ing to law, may be sold in a foreign country to a citizen of the United States, without forfeiting her American “ character, if, on her first arrival in the United States thereafter, her owner shall comply with the requisites, and “ obtain a new certificate of registry in the manner provided by that act.
“ Although the words of the act last recited are general-Any ship or vessel—it has been deemed, in its true con“ struction, to embrace only such vessels as being registered at the time when they last departed from the United “ States, and whose registers having been vacated whilst absent, by voluntary sale, or other cause, would be capable “ of being registered anew. This appears clear from the evident meaning and import of the first proviso. Registered “ vessels, which by sale (this is understood to mean a voluntary sale made by the American owner) become the pro
perty of foreigners, can never afterwards be registered, even though they should be again transferred to their former owners, or any other American citizen. This is expressly prohibited by the act of the 27th June, 1797. But
registered vessels, which having been seized, or captured and condemned, become the property of foreigners, are 66 not from those causes absolutely disqualified from being registered anew, the last recited act declaring that if the “ owner or owners, at the time of seizure and capture, shall regain a property in such vessel, by purchase or other“wise, they shall not be debarred from claiming and receiving new registers for the same, as they might or could 6 have done if that act had not been passed.
“ In further explanation of the third section of the act of last session, it may be proper to observe, that it does not “alter or affect previous laws, as to the qualifications which are necessary to entitle a vessel to be registered, or to “ those circumstances which occasion a forfeiture of the privileges attached to a vessel of the United States; its object
being merely to place registered vessels which are sold without the United States to American citizens, (on com“plying with the requisites of the first proviso,) on the same footing as they would have been had the sales taken
place whilst they were within the United States. In other words, that a registered vessel thus sold without the “ United States, shall, on her first arrival afterwards, although she may not have a register in force, if she be regis“ tered anew within the time limited in the proviso, be subject to no other or higher duties than are payable by a 66 vessel having a register in force at the time of her arrival,"
To the Consuls and Commercial Agents of the United States.
DEPARTMENT OF STATE, July 1, 1805. Sir: In the act of Congress, passed the 27th of March, 1804, it is provided, that no vessel shall be entitled to a register, or if already registered, to the benefits thereof, as owned wholly or in part by any naturalized person who shall have resided for one year in his native country, or two years in any other foreign country, unless such person be a public agent of the United States. As at the custom houses of the United States not only registers, but sea-letters, are refused to vessels thus owned, it has been judged expedient to instruct you equally to withhold from them certificates of ownership, and of other facts, implying that the vessel is American property.
Doubts have been suggested whether, in case of a discharge of the seamen in consequence of a vessel being stranded, or condemned as unfit for service, three months' extra pay is to be received by the Consuls or commercial agents, in pursuance of the third section of the act of the 28th of February, 1803, supplementary to the consular act; you are informed that the construction of the late attorney general restricts the provisions to voluntary sales of vessels and discharges of their crews in the ordinary course of trade. But it is conceived that where, on account of a sale of the vessel, or an alteration of the original voyage, the persons having charge of her are willing to procure for the men return passages on as good terms as they are shipped for, you are nevertheless bound to demand three months' extra wages.
When registered vessels are lost, condemned as not sea-worthy, or are sold to foreigners, you will, with the consent of the captain, or other persons representing the former owner, cancel the register and return it to the Treasury Department; but if such consent is withheld, you will, in lieu of the register, transmit information of the circumstance, that recourse may be had to the bond. When a sale is made to a citizen of the United States, you are not to oppose the register's being returned in the vessel to which it belongs; as otherwise the purchaser may be exposed to weighty inconveniences, whilst the bond will operate as a safe-guard against fraud.
To remove a misconception which seems to have partially taken place, you are advised that no judicial authority belongs to your office, except what may be expressly given by a law of the United States, and may be tolerated by the Government in whose jurisdiction you reside. On the contrary, all incidents of a nature to call for judicial redress must be submitted to the local authorities, if they cannot be composed by your recommendatory intervention.
The official bonds given by the Consuls and commercial agents require, considering the personal character of the security, periodical renewals; therefore every such bond now of a date older than one year is to be replaced, as a new one, in which the sureties who join the Consul or commercial agent in its execution must be citizens of sufficient solidity, or, if not citizens, they must have property or a commercial establishment in the United States.
In order to the protection of our country from disease, and that the means practised in other countries for its cure may be added to the existing stock of knowledge, you are requested to procure and transmit to this Department, from time to time, such newspapers, pamphlets, and collection of facts, as may make their appearance on the subject of epidemical disorders, and quarantine regulations, during your actual residence at your respective stations,
It has been thought necessary to limit the expense you may incur, in carrying this request into effect, to ten dollars annually, but in instances where it may seem expedient to increase the sum, you will be pleased first to state the matter specially to this Department; and, in order that the same communication may not be made by several, you will each confine yourselves to publications in the limits of your district.
To treat with deference the authorities constituted over the place of your residence, and to abstain from all irritating and disrespectful expressions or demeanour towards them, is prescribed in your standing instructions. The necessity and importance of observing this duty induces me to recall it to your view, and to request that whenever your official applications are followed by inattention or unsatisfactory results, of a nature to excite your sensibility, you will content yourselves with reporting the circumstances, in order that, if a different manner of application should be necessary, it may be sanctioned by your Government.
I have the honor to be, sir, very respectfully, your most obedient servant,
To the Consuls and Commercial Agents of the United States.
DEPARTMENT OF STATE, July 12th, 1805. Sir: The multiplied abuses of the certificates which the consuls of the United States were, by the instructions of the 1st August, 1801, authorized to give in the case of foreign vessels purchased by a citizen of the United States, notwithstanding the precautions taken against them, have led to the conclusion, that a discontinuance of the certificates altogether is the only effectual remedy. You will, therefore, forbear to grant any certificate whatever, relative to such purchases, except to those who may satisfy you that the purchase was made without knowing this alteration in your instructions. Accordingly, you will publicly advertise that you are restrained from issuing certificates in such cases, with the sole exception just mentioned, and also from allowing the exception itself, after the expiration of two months from the date of the advertisement.
I have the honor to be, very respectfully, sir, your most obedient servant,
DEPARTMENT OF STATE, August 8, 1815. Sir: The consular uniform, prescribed in the Standing Consular Instructions, is abolished, and the following substituted, viz:
Single breast coat of blue cloth, with standing cape or collar, and ten Navy buttons in front; one button on each side of the cape; four on each cuff; four under each pocket flap; and one on each hip and in the folds; two on each side in the centre; and one on each side of the same, at the lower extremity of the skirts.
The front, (from the cape down to the lower extremity of the skirts,) cuffs, cape, and pocket flaps, to be embroidered in gold, representing a vine composed of olive leaves; and the button holes to be worked with gold thread; the button holes corresponding with the width of the embroidery, which is not to exceed two inches in any part.
Vest and small clothes of white, and Navy buttons; the former to have ten in front, and four under each pocket flap. With this dress, a cocked hat, small sword, and shoes and buckles are to be worn. The hat to be furnished with gold loop, gold tassels, and black cockade, with gold eagle in the centre; added to which, it is to be understood that the mountings of the sword, and shoe and knee buckles, are to be of gold, otherwise gilt.
( NO. V.)
TREASURY INSTRUCTIONS AND DECISIONS IN EXECUTION OF THE REVENUE LAWS, ISSUED
BY THE SECRETARY OF THE TREASURY DURING THE YEARS 1845, 1846, 1847.
[The foregoing synopsis of Treasury Instructions and Decisions having been concluded with the last dates of the circulars of 1844, (when the Comptroller's participation in their issue ceased,) those which have been issued in 1945, ’46, and '47, (by the Secretary of the Treasury only-a decided improvement,) are here appended entire, in the order of their dates, as they could not now be conveniently abridged and incorporated according to their appropriate range of subjects, without materially disturbing the existing arrangement, or subjecting the whole work to be reproduced, which would greatly retard this publication without any adequate object being gained thereby, inasmuch as the matters they embrace will readily refer the intelligent reader to the respective subjects of the synopsis with which they may properly assimilate in character. But, strange to say, there is no certainty that those issues, during the short period of the last three years, are here complete, for want of an adequate test in the Department. It is, therefore, greatly to be hoped that, among the improvements which mark the administration of the present Secretary of the Treasury, a rule will ere long be adopted either for recording or numbering these documents, so as to afford the Department the assurance that its file is at all times complete, or enable it to reclaim those circulars that may happen to be lost or mislaid, as the want of such a rule has ever been a source of great embarrassment to the Department itself, as well as to those for whose government the instructions are issued. Assuming these, then, as the commencement of a NEW SERIES, I shall introduce that distinction here, with numerical designations for the convenience of future reference.)
[CIRCULAR-NO. 1-NEW SERIES.] Rules and Regulations for the government of the Engineers employed in the U. S. Revenue Marine. In order to prevent any misunderstanding as to rank, privileges, &c., the following regulations are prescribed, until a revision of the General Regulations shall be made, and detailed rules for the government of the Engineers shall be thereto appended.
Article 1. It is to be distinctly understood that no Engineer shall exercise any authority over a commissioned sea or deck officer, nor shall the vessel under any circumstances be left in their charge.
Article 2. The Engineers are bound to render obedience to the officer of the deck, whether it be the third lieutenant or commander.
Article 3. In the distribution of state-rooms, the first lieutenant will occupy the starboard after one, and the Chief Engineer the larboard one; the second lieutenant the next on the starboard side, and the third lieutenant that on the larboard side; the Assistant Engineer the starboard room forward, and the pilot (when one is employed) that on the larboard side.
Article 4. The Chief Engineer.—It is the duty of the Chief Engineer to see that the engines and all matters connected with his department are always in order for immediate use; that no combustibles are kept in exposed situations in the engine room. He will keep a regular journal, noting the correct time steamed, the number of revo lutions made, speed, quantity of coal consumed each day, the kind of coal, anthracite or bituminous; the quantity on hand, remarking the quality of coal, different kinds compared; and, in fact, every thing worthy of noting in his department. A copy of the journal he will deliver to the commander on the first day of each month, to be transmitted to this Department. In these duties he will be assisted by the Assistant Engineer, who will be subject to his orders. He will make daily reports to the commander of the condition of all matters connected with his department.
Article 5. The Assistant Engineer.---He will, under the orders of the Chief Engineer, render to that officer all the aid in his power to enforce the foregoing articles; and, in the absence of the Chief Engineer, the duties therein will devolve upon him, and he will be responsible for their execution.
Article 6. When not steaming, and their services not required in the engine room, the services of the firemen, coal-heavers, &c., must be rendered on deck, if required by the deck officer, to trim sails, wash decks, &c., &c.
Article 7. The Engineers, firemen, coal-heavers, &c., will be held subject to the General Regulations for the government of the service.
Article 8. Uniform.— The dress of the Chief Engineers will be the same as the first lieutenants, omitting the epaulet and strap, and with the addition of the Treasury arms embroidered in gold on each side of the collar. Assistant Engineers same as third lieutenants, omitting the epaulet and strap, and with the addition of the Treasury arms embroidered in silver on each side of the collar.
R. J. WALKER, Secretary of the Treasury. TREASURY DEPARTMENT, March, 1845
[CIRCULAR-NO. 2-NEW SERIES.]
TREASURY DEPARTMENT, March 18, 1845. The cocked hat and decoration in front of the cap, being deemed superfluous, will in future be dispensed with in the U. S. Revenue Marine.
I am, sir, very respectfully, your obedient servant,
R. J. WALKER, Secretary of the Treasury.
(CIRCULAR-NO. 3--NEW SERIES.]
TREASURY DEPARTMENT, March 20, 1845. Sır: You will please transmit to this Department a schedule of the armament on board and belonging to the vessel under your command-specifying the number, calibre, and size of bore of the large guns, whether brass or iron, muskets, pistols, and carbines, cutlasses, boarding pikes, &c.; discriminating between those on board and such as are in public store, or condemned. I am, sir, very respectfully, your obedient servant,
R. J. WALKER, Secretary of the Treasury. Captain
U. S. Revenue Marine.
[CIRCULAR-NO. 4-NEW SERIES.]
TREASURY DEPARTMANT, April 1, 1845. The following decisions of this Department, upon questions submitted during the past month, are communicated for your information and government:
The class of wines designated in the 5th clause of the 8th section of the Tarifl'act of the 30th of August, 1842, as “other wines of Sicily,” charged with a duty of 15 cents per gallon, to comprehend all the common white wines of Sicily, or those not generally recognised in commerce as Sicily Madeira or Marsala wines;” the latter class of wines being liable under the provisions of the same section to a duty of 25 cents per gallon.
On the importation of Guano, (or Bird manure,) liable, as an unenumerated article under the provisions of 10th section of the Tariff act of 1842, to a duty of twenty per cent. ad valorem, if imported from an uninhabited island, (as Ichaboe, on the coast of Africa,) and without an invoice accompanying the same, an appraisement to be made as required by the 2nd section of the Revenue act of 1st March, 1823, and the duty to be assessed in the mode prescribed in the 5th section of that act; and where no reference can be had to market value or actual cost by purchase, the wages of the crew of the vessel, or the value of their services for the time employed in collecting and lading the article, together with the cost of bridge-wharves, or such other actual expenses as may be ascertained to have been incurred in the collecting or lading, to form the standard of cost or value of the article when laden on board the vessel.
No tonnage duty to be charged on British vessels in ballast from Brazil, they being exempt from such charge under the provisions of the Convention with Great Britain of the 3d July, 1815, (continued indefinitely by the Convention of the 6th Angust, 1827,) and of the act of Congress of the 31st May, 1830, “to repeal the tonnage duties upon ships and vessels of the United States, and upon certain foreign vessels."
Herrings to be charged with the duty of one dollar and fifty cents per barrel, as “herrings pickled or salted," under the provision of ihe Tariff act of 30th August, 1842, in the 4th clause of the 8th section, only when prepared and packed for preservation in such manner as to bring them within the proper operation of that provision as the recognised “pickled or salted herrings” of commerce: when brought into the United States in bulk, having been thrown into the hold of the vessel immediately as caught, of Newfoundland, without cleaning or other preparation, although sprinkled with salt for immediate preservation, not falling within any enumeration or classification of foreign fish made in the Tariff'act, to be entitled to entry, as an unenumerated article, at a duty of 20 per cent. ad valorem.
Gunny Cloth, imported from India or elsewhere, under the operation of the Tariff act of 1842, and being of the description of goods known in commerce by that designation at the time of the passage of that act, and being “suitable for the uses to which cotton bayging is applied,” to be charged with the duty of five cents per square yard, as imposed on the article specified in the 3d clause of the 3d section of the act.
Patent Sheathing Metal, composed in part of Copper, charged, under the provisions of the 8th clause of the 4th section of the Tariff act of 1842, with a duty of two cents per pound, to be liable to the payment of that duty when imported, although brought into the United States to be used in the sheathing the vessel in which the importation is made.
R. J. WALKER, Secretary of the Treasury,
(CIRCULAR-N0. 5_NEW Series.]
TREASURY DEPARTMENT, Washington, D. C., April 1, 1845. Regulations respecting the transfer of certificates of stock issued for any loan made in behalf of the United States, the
payment of interest thereon, and the supplying lost certificates. All the certificates of stock issued by the United States are signed by the Secretary of the Treasury, and countersigned by the Register. They can be issued only upon the written order of the Secretary. A description of the existing loans, and of the denominations of the certificates issued for them, is appended to these regulations, In the certificates of the loan of 1843, there is a water mark (U. States) in the paper, the amounts are expressed