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72. The Certificates of Registry, of Enrolment, &c., surrendered in a District other than that in which they were issued, are to be cancelled by punching a hole through the Secre- ENROLMENT, REGISTRY, RECORD, tary's signature, and then be transmitted to this Department, where the margin containing how to be cancelled. the Custom-house seal and signatures will be cut off and transmitted to the office whence issued, to cancel the bond in the case, and be filed: S's cir. 21st September, 1791; V. 1, p. 97.
73. The same instructions for cancellation are made to apply to all Registers, Enrolments, &c., surrendered for that purpose: S's cir. 2d January, 1792; V. 1, p. 102.
74. All Certificates of Registry, Enrolment, &c., surrendered and cancelled at any office, whether they had been issued there or elsewhere, are, hereafter, to be transmitted to the Secretary of the Treasury, with an endorsement of the time and place of delivery, and the cause of surrender: S's cir. 2d January, 1792; V. 1, p. 162.
75. A monthly Abstract of Licenses granted or issued to coasting vessels and to fishing vessels, is required to be forwarded to the Secretary of the Treasury at the expiration of every month, according to form transmitted: S's cir. 27th August, 1792; V. 1, p. 124.
77. The blank forms of said Certificates will be prepared and transmitted to Collectors by the Register of the Treasury, in future, once in three months: S's cir. 22d January, 1793; V. 1, p. 131.
78. The like proceedings, as those above prescribed, are required to be observed in relation to Enrolments and Licenses of Vessels employed in the coasting trade, and in the fisheries, according to the act of the 18th February, 1793, "concerning Enrolments," &c.: S's cir. 13th March, 1793; V. 1, p. 132.
79. The forms of oaths prescribed to be taken by masters and owners, or agents and others, upon the Registering, Recording, Enrolling, or Licensing of ships or vessels: C's cir. 23d March, 1793; V. 1, p. 45.
cates issued and all
76. In pursuance of the act of the 31st December, 1792, "concerning the Registering Duplicates of Certifiand Recording of Ships and Vessels," all Certificates of Registry, and of Record, issued Certificates surrenderhereafter, are to be forwarded, by duplicate, to the Register of the Treasury; as also all ed, with memorandums of changes-to Certificates surrendered and cancelled, together with an abstract of the memorandums of be sent to the Register. changes of masters of the vessel, &c.: S's cir. 22d January, 1793; V. 1, p. 131.
80. The naturalization of masters of vessels should be stated in their oaths or affirmations taken previously to granting a Registry, &c., for their vessels: C's cir. 23d March, 1793; V. 1, p. 45.
81. Any alteration of the form of a vessel affecting her burthen, calls for a re-admeasurement, and a new Register, or Enrolment, &c.: S's cir. 29th March, 1793; V. 1, p. 133.
Cancelled Certificates to be sent to the
Secretary of the Treasury.
Returns of monthly Abstracts of Licenses
issued to vessels, sent
to the Secretary.
Blank forms of, supplied by the Register quarterly.
Same proceedings of Enrolment and Liapplied to Certificates censes.
Oaths to be taken
previous to granting Registers, &c.
to state the naturalization of the masters,
Alterations of vessels requiring new registry, &c.
Communications on Marine Papers, to be made to the Comptrol
of blanks received, and
83. The form of an account of blank Certificates of Registry, &c., received by Collecof those issued, to be tors from the Register, and of duplicates of those issued by them, is transmitted, to be rereturned to the Regis- turned quarterly to the Register of the Treasury: S's cir. 12th April, 1793; V. 1, p.
Registry before and after May, 1789.
Duplicates of certificates issued, and copies of memorandums, &c., to be transmitted to the Register.
Irregularity in expressing tonnage cor
82. All communications of Collectors, under the acts respecting the Registry, Record, Enrolment, or Licensing of vessels, are, hereafter, to be made to the Comptroller of the Treasury: S's cir. 29th March, 1793; V. 1, p. 133.
Returns of vessels
built in each district, made quarterly to Com'r of Revenue.
Registry before and after May, 1789.
84. A proper discrimination is to be observed between vessels entitled to Registry before and after the 16th May, 1789: C's cir. 27th April, 1793; V. 1, p. 49.
85. All copies of Certificates of Registry, Record, and Enrolment, issued-and of meinorandums made from time to time on such certificates, of changes of property and masters of vessels-are hereafter to be transmitted to the Register of the Treasury: C's cir. 27th April, 1793; V. 1, p. 49.
Also, defect in the
87. In the blank Certificates of Registry transmitted to Collectors by the Register of the form of Registry cor- Treasury, a small defect of form occurred, which is corrected by the Comptroller: C's cir.
22d May, 1793; V. 1, p. 51.
86. The mode of expressing the Tonnage of vessels, in the Certificates of Registry, Record, and Enrolment, which is observed to vary at different offices, or districts, is required to be uniform, by expressing the fractions of tonnage in feet: C's cir. 27th April, 1793, V. 1, p. 49.
88. A return of ships and vessels built in each Custom-house District, similar to that made to the Secretary of the Treasury in 1791, is required, by the Commissioner of the Revenue, to be made quarterly hereafter, to himself: Com. of Rev. cir. 6th June, 1793. (See Comptroller's cirs. vol. 1, p. 53.)
89. Collectors are reminded of the caution given in circular of the 27th April last, of the due discrimination to be observed, between vessels entitled to Registry before and after the 16th May, 1789: C's cir. 15th August, 1793; V. 1, p. 57.
(Instructions respecting Marine Documents, &c., by circular of 28th December, 1793, and thereafter.)
NEW REGULATIONS FOR ISSUING CERTIFI
90. It is announced to Collectors, by the Comptroller, that the forms of the abstracts CATES OF REGISTRY, required to be rendered quarterly to the Treasury Department, of the Certificates of RegisRECORD, ENROLMENT, try, of Record, of Enrolment, and Licenses of vessels, which are issued during each quar
AND LICENSES OF VES
SELS—AND FOR MAK- ter, (8) (together with other official forms required to be observed in issuing those docu
(8.) The following list of the other forms, sent at the same time, is subjoined here, as being immediately connected with the ceremony of issuing those certificates, and making returns thereof, though no returns of these are required, viz:
Nos. 1 and 4. OATHS taken by owners of a vessel, on application for a Certificate of Registry, &c.-stating when it was built, or how they came possessed of her, and that they are citizens of the United States, &c.
ments, and for the regulation of the United States Commercial Marine,) are transmitted to ING RETURNS THEREthem, with explanations of each; and their importance is emphatically and especially noted: C's cir. 28th December, 1793; V. 1, pp. 61 to 100.
91. Admeasurement is required to be made of all vessels built in the United States, or otherwise entitled to Registry, or Enrolment, &c., by the Surveyor of the Port, or other sels, before Certificates person duly authorized, before a Certificate of Registry, or Enrolment, &c., can be issued: of Registry, &c., be C's cir. 28th December, 1793; V. 1, p. 64.
92. The certificate, by the Surveyor, of the admeasurement of a vessel, according to form Certificate of Adtransmitted, must be countersigned by an owner, or agent, or master of the vessel, in testi- veyor, requisite to mony of the truth therein stated, as a pre-requisite to the issuing a certificate of Registry, Registry, &c.— Enrolment, Record, or License: C's cir. 28th December, 1793; V. 1, pp. 64, 84.
-to be renewed when
93. The admeasurement shall be renewed whenever a vessel shall have undergone any alteration affecting her burthen subsequently to her former admeasurement: C's cir. 28th burthen is altered. December, 1793; V. 1, p. 64.
94. (In the admeasurement of Steamboats erroneous allowances and deductions are made, contrary to the general rule of the act of 2d March, 1799, which applies to all vessels: C's cir. 24th November, 1834; V. 3, p. 495.) See also 158, sequel.
96. The oaths to be taken by masters of vessels, their owners, or agents, and others, upon the Registering, Recording, Enrolling, or Licensing of the same, are prescribed according to forms transmitted: C's cir. 28th December, 1793; V. 1, pp. 65, 78, 80.
Admeasurement of Steamboats, errors corrected.
Certificate of the
95. The certificate of the master carpenter or builder, according to form transmitted, is also to be produced, as a pre-requisite to the issuing of a Certificate of Registry, Enrolment, builder, also requisite. Record, or License: C's cir. 28th December, 1793; V. 1, pp. 65, 84.
Oaths required of Masters, Owners, &c.
No. 2. Oath taken by the agent of a vessel, on application for a Certificate of Registry, &c.
No. 3. Oath taken by master of a vessel, testifying to the loss or destruction of her Certificate, claiming renewal, &c.
Nos. 5, 7, and 9.. Oaths taken by master of a vessel, that her certificate contains the names of all persons now owners, &c., and that they are citizens of the United States, &c.
No. 6. Oath taken by shipwright, or builder of vessel, respecting her dimensions, and class, &c.
No. 8. Oath taken by master of a vessel, that she shall not be used for other purposes than those expressed in her Certificate, &c.
No. 10. Oath taken by master of a vessel, on renewal of license which expired at sea, and could not then be delivered up for renewal. Nos. 11, 12, 13, 14, 15, 16. Oaths taken by masters of vessels, variously relating to their cargoes.
A. Surveyor's Certificate of the admeasurement of a vessel.
B. Master Carpenter's Certificate. (Same purport as Oath No. 6, above.)
C. Collector's Certificate of the surrender of a Register, Enrolment, &c.
D. Collector's notification of the loss or destruction of a Register, or other Marine Paper.
E, and Ee, and F. Bonds by owners of vessels, to guaranty that the Registry, &c., &c., shall only be used for the purpose for which it was granted, and shall be surrendered in the events contemplated.
R. Forms of the manifest of the cargo a vessel has on board, and the Captains Oath of its truth.
S. Permit, form of, to land goods from a coasting vessel.
T. Permit, form of, for a coasting vessel to depart without cargo.
V. Bond for Duties, when manifests and permits of Coasting vessels are lost.
W. Permit, to vessels in the Cod or Whale fisheries, to touch and trade at foreign places. (See Table of Marine Papers, inserted in the addenda to the Chapter on First Comptroller's Office, in the Supplement—and the reference appended to No. (7) ante.)
Citizenship of Mas ters, to be mentioned in Oath.
Name of vessel, and her port, to be painted on her stern, &c.
-neglected to be done in some Districts.
A new vessel may go, in to certain other Port to be Registered, &c.
-they are Permanent or Temporary.
Rules for issuing, surrendering, and cancelling the same.
Notification of certificates lost or destroyed.
97. The citizenship or naturalization of masters of vessels should be stated in their oaths or affirmations taken previously to granting Certificates of Registry, Record, Enrolment, or Licenses for their vessels, &c.: C's cir. 28th December, 1793; V. 1, pp. 78, 79, 81.
101. A Certificate of Registry, [for the form of which see act 31st December, 1792, sec. 9,] is issued in the behalf of a vessel wholly owned by a citizen or citizens of the United States, and usually employed in foreign trade: C's cir. 28th December, 1793; V. 1, p. 63..
Certificates of Registry, &c., may be interchanged, &c.—
98. The name of every vessel, and of the port to which she belongs, must be painted on her stern, in white letters, which shall be three inches or more in length, on a black ground: C's cir. 28th December, 1793; V. 1, p. 64.
99. ('The requirement, by the 3d section of the Registry act of the 31st December, 1792, "that the names of American vessels, and the ports to which they belong, shall be painted on their stern, in white letters on a black ground," is not complied with in some districts: C's cir. 14th March, 1800; V. 1, p. 193.)
100. The certificate of the master builder, according to form prescribed, as pre-requisite to obtaining a Registry, &c., may be sufficient to authorize a new vessel to be removed, in ballast only, from the district in which she was built, to a district in the same or an adjoining State where the owner or owners actually reside, there to be Registered or Enrolled, &c.: C's cir. 28th December, 1793; V. 1, p. 65.
102. A Certificate of Registry is permanent, if the vessel belongs to the Port or District where the Certificate is issued; but the Certificate is temporary, if the vessel does not belong to the District or Port where it is issued-and the distinction is to be made by an endorsement on the Certificate "Permanent," or "Temporary," as the case may be: C's cir. 28th December, 1793; V. 1, pp. 66, 68.
103. Certain rules and regulations are prescribed for issuing Certificates of Registry, &c., and for surrendering and cancelling the same when vacated or rendered void: C's cir. 28th December, 1793; V. 1, pp. 66, 67.
104. When a Certificate of Registry is lost, mislaid, or destroyed, if the vessel be, or arrives in a District not her own, a formal notice of the fact, on legal proof thereof, shall be given by the Collector of such District, to the Collector of the District to which the vessel belongs: C's cir. 28th December, 1793; V. 1, pp. 67, 85.
105. (Previous to the above instruction, notifications were promulgated by the Comptroller, [from time to time, on information received,] of sundry instances of Certificates of Registry being lost, mislaid, or destroyed: C's cirs. 22d July, 15th August, and 20th December, 1793; V. 1, pp. 51, 55, 57, 59.)
106. A Certificate of Registry may, at the option of the owners of a vessel, be substituted by a Certificate of Enrolment and License, on surrendering the Registry, and otherwise conforming to the requirements of law; and the same interchange may be made, of a Certificate of Enrolment and License, &c., for a Registry: C's cir. 28th Dec., 1793; V. 1, pp. 67, 85.
107. A Certificate of Registry may be granted to an American vessel upon her having been captured by a foreign vessel, condemned, sold, and purchased by a citizen of the United States; (9) other requisites of the law being complied with: C's cir. 14th August, 1794; V. 1, p. 115.
108. (The Bill of Sale of a vessel is required to be exhibited to the Collector, as evidence of the change of ownership of a vessel: O's cir. 20th October, 1832; V. 3, p. 245.)
may be granted to
American vessel for
feited and sold abroad, if bought by Americans.
Bill of sale required, on change of ownership.
(9.) A body of circular instructions, addressed by the Secretary of State to Consuls and Vice Consuls of the United States, from 1800 to 1815, inclusive, incorporates the following memorandum of decisions or constructions of law, as part of the circular of the Secretary of State dated the 1st October, 1803, in which he, the Secretary of State, says, "I avail myself of this occasion to transmit 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 [the laws relating thereto] by the officers of the Treasury Department." Though these “remarks,” and the "construction" placed upon the said laws by the Comptroller be matter of more than sufficient importance to constitute a circular from the Treasury Department to officers of the customs, they have never been issued in that form, it being probably deemed sufficient that they should constitute a part of the instructions of the Department of State to our consular agents abroad. Yet, having been communicated as a public document to the Department of State, the principles and construction of law thus promulgated would be acted upon in the Treasury Department as imperatively as if they had been issued in due form of circular by the Comptroller or the Secretary of the Treasury. This is one of the rare instances that have come under my observation, in which the head of a Department, in giving instructions to his own officers proper, has consulted the supervising officer or head of another Department in regard to the construction of laws that require the reciprocal action of officers of such different Departments in their execution; or in which the officer so consulted has relied upon the instructions of the consulting officer transmitted to his under officers, embodying for their information and government the views of the officer consulted, to effect the reciprocal excution of such laws by his under officers. The consultation of the Comptroller by the Secretary of State was both courteous and proper, as was the communication of the Comptroller in reply; but the omission of the Comptroller to make the matter of his remarks to the Secretary of State for the government of Consuls, a subject of corresponding circular instructions to Collectors of the Customs for their government in the execution of their reciprocal duties in relation to the registry of the said description of vessels, and informing them that the like instructions had been given by the Department of State to Consuls, that their respective acts therein might receive their proper oredence with each other, was an omission calculated to produce embarrassment with the officers of the customs. But the usage which for the most part prevails in such cases, as will be observable in abundance of instances in this volume, is not only for each Department to instruct his own officers without consulting the other, but even to instruct the officers amenable to the other Department concerned in the reciprocal execution of a law, without his consultation or advisement therein-which has necessarily resulted in some degree of confusion, if not occasional cross purposes. And it has become the more important to preserve these Remarks here, as the subsequent summary instructions of the Department of State, as given in the Appendix, superseding all preceding ones, do not include them. The "remarks" or "constructions of law” above alluded to, were thus brought to the observance of our Consuls abroad, to wit:
"Circular to Consuls and Vice Consuls of the United States.
"DEPARTMENT OF STATE, October 1, 1803. "SIR: I avail myself of the present occasion to transmit to you 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," &c., &c.
"Treasury Department, Comptroller's Office, September 10, 1803. "1. Vessels of the United States which have been registered as the law directs, may be purchased by an American 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.
"3. Such vessels cannot be purchased and owned by citizens of the United States who may be temporarily resident or itinerant 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.
"4. Under the act of the last session, chapter 71, a vessel of the United States, which has been registered according 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 construction, 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