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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.
Licenses or other
150. Licenses, form of, (or Certificates of Enrolment, or Certificates of Registry, at the 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 thereto: 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 employed 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 to boats and vessels of every description, employed either in the coasting or foreign trade, on the Lakes and Rivers on the Northern frontier, according to regulations and forms to be prescribed by the Secretary of the Treasury: C's cir. 11th June, 1831; V. 3, p. 165.
154. (The illegal practice of changing the names of steamboats in several of the ports of the Western waters, on granting temporary Registers and Licenses, is ordered to be discontinued: C's cir. 16th December, 1841; V. 3, p. 911.)
157. Regulations are prescribed respecting the Licensing of canal boats, steam ferryboats, &c., and their taking passengers aboard: C''s cir. 8th March, 1842; V. 3, pp. 935, 936.
155. Keeled boats, which do not trade to New Orleans, are not required to be Licensed; and the hands on board of such boats are not liable to pay hospital tax, nor are they entitled License, and hospital to the benefits of that fund: C's cir. 5th June, 1833; V. 3, p. 401. Jo
tax of crew, to
741 li #h
Đắng lợi ho 156. Regulations respecting the Licensing of Steamboats on the waters of the Mississippi and Ohio rivers, whether built of new, or in part of old, materials: C's cir. 8th January,' › waters. 1842; V. 3, p. 917.
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
to be issued to all
boats and vessels em
ployed on the Lakes, &c.
Changing the names of vessels on renew
ing Licenses, &c., is
Licenses to Steamboats on the Western
License and passenger regulations for canal and ferry boats.
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 2d March, 1799, for the true definition of the "ceiling in the hold," 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 instractions, with addi
tions, respecting Licenses and other ship
CLEARANCES, required for all vessels outward bound.
Clearance fee for British vessels on the Lakes:
-fee dispensed with.
Mandamus to a Col
161. In case of mandamus, ( 14 ) which has recently been issued by the Circuit Court lector, to issue a Clear- for the District of Charleston, South Carolina, to 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.
SEA LETTERS, for recognition and tection of American vessels during a state of war-and quarterly returns of the same:
-to be granted to foreign built vessels whol
159. Sundry regulations and instructions are recapitulated and extended relative to the Registering, Enrolling, and Licensing of Vessels, including instructions respecting the issue of Clearances, Passports, Bills of Health, Sea Letters, Permits to touch and trade at foreign ports by fishing vessels, and certified lists of the crew of vessels: C's cirs. 6th and 22d June, 1839; V. 3, pp. 745, 751.
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.)
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.
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. 22d December, 1831; V. 3, p. 199.
164. The Secretary of the Treasury transmits blank Sea Letters, (in a series of two forms,) signed by the President and countersigned by the Secretary of State, to be filled up by Collectors, and one of each form to be delivered to every American vessel (exclusive of 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.
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 Johnson, in the American Law Journal, vol. 1, p. 429, by John E. Hall, Philadelphia, 1808.
of the U. S.:
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.
166. Collectors are informed that the fee for each Sea Letter, (as also for other unenumerated documents, according to the 52d section of the Collection law, is 20 cents;) and they are cautioned against fraudulent pretences practised to 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 South America and American Islands, are granted to Registered vessels only, at ten dollars for every Passport: also a fee of four dollars is demandable for every Clearance of a Registered 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, (except at the choice of the party,) but the change should be endorsed on the Passport, as is 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.
170. Mediterranean Passports, and Sea Letters, signed by the President and countersigned by the Secretary of State, are transmitted, with a request to be timely informed of the 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, to ascertain our FLAG to the belligerant parties, such issue is now discontinued, except to vessels going beyond the Cape of Good Hope: S's cir. 9th December, 1802; V. 1, p. 219.
175. The Secretary of the Treasury informs Collectors, that the Secretary of State has changed the form of Mediterranean Passports, under views of expediency, and transmits 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.
174. Sea Letters are again authorized to be issued to vessels engaged in the West India -issue renewed. trade-to commence with the 25th July, 1803: S's cir. 11th June, 1803; V. 1, p. 225.
Issue of Sea Letters partially suspended in state of Peace:
Form of Passport changed, and supply transmitted.
Sea Letters are also
176. The rule for issuing Sea Letters heretofore, observed under the instructions of 13th restricted to RegisterMay, 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.
Sea Letters and Mediterranean Passports defined and distinguished.
Issue of Sea Letters again suspended.
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.
(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 :
with the said
178. Sea Letters and Mediterranean Passports defined; the former are only necessary to commend neutral vessels, in time of war, to the comity of nations-the latter are intended 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.
“ James K. Polk, President of the United States of America, to all who shall see these presents, greeting :
“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
"By the President:
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.
"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
appearing before us, has declared, upon oath, that the vessel called
make known, that the master of 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:
master or commander, of the burthen of
in the year of our
Secretary of State.
(Penalty for not tak
180. (Passport and Clearance fees or charges being repealed, does not exonerate the masters of vessels (having Registers) bound to foreign ports, from taking out Passports and ing Passports, &c.) 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.
182. (The Secretary of State, by a circular to Collectors, dated 1798, transmits the proper blanks for the issue of Commissions-Letters of Marque and Reprisal-to public and private armed vessels of the United States, to capture French armed vessels on 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 prize money," that the Commissions, or Letters of Marque or Reprisal, (authorized by the 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 merchant 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 of Collectors to the 2d section of the act of 26th June, 1812, concerning the issue of Letters of Marque, prizes, and prize goods; and he requires a monthly return to be transmitted to his 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.)
Sea Letters again renewed.
LETTERS OF MARQUE AND REPRISAL, issued
by order of the Secre tary of State:
Letters of Marque and Reprisal liable to forfeiture, &c.
Monthly returns re
quired by the Secretary of State, respecting Letters of Marque.
(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.