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185. (The Secretary of the Navy, by a circular to Collectors, dated 22d May, 1813, requires
to persons employed
ters of to be
ascertained by Quarterly Returns from their journals, to the Secretary of the Navy.
on vessels having Let- quarterly returns or abstracts of the journals reported to them by United States private armed vessels having Letters of Marque, in order to enable the Navy Department to regulate and afford prompt relief to pressing applications for allowance of Pensions to persons employed on board of such vessels, and so entitled according to the act of the 13th February, 1813. He also complains, that the two per cent. of the privateer prize money, required by the act of 26th June, 1812, "concerning Letters of Marque," to be reserved in the hands of Collectors and Consuls, and directed by the said act of June 26th, 1812, to be paid into the Treasury as a privateer pension fund, has been but partially done, and to a very small amount: See vol. 2, p. 26, cirs. of the Secretary of the Treasury.)
The two per cent.
186. The Comptroller requires of Collectors to credit, in their quarterly accounts cur
to be deposited in the rent, the two per cent. received by them on the nett amount of prize money, and to depo
site the same in like manner as other public moneys-which two per cent. is set apart by the act of 26th June, 1812, "concerning Letters of Marque" as a "privateer pension fund:" C's cir. 26th May, 1813; V. 1, p. 276,
"Given under my hand and the seal of the United States of America, at the City of Washington, the seventeenth day of November, in the year of our Lord one thousand eight hundred and thirteen, and of the independence of the said States the thirty-eighth. [L. S.] (Signed) (Signed)
"JAMES MONROE, Secretary of Stale."
Commander of the
"By the President:
Copy of a Letter of Instructions issued from the Department of State, to Captain
[Instructions for the private armed vessels of the United States.]
"1. The tenor of your commission under the act of Congress, entitled "An act concerning letters of marque, prizes and prize goods," a copy of which is hereto annexed, will be kept constantly in your view. The high seas referred to in your commission, you will understand generally to extend to low water mark, but with the exception of the space within one league, or three miles, from the shore of countries at peace both with Great Britain and with the United States. You may, nevertheless, execute your commission within that distance of the shore of a nation at war with Great Britain, and even on the waters within the jurisdiction of such nation, if permitted so to do.
"2. You are to pay the strictest regard to the rights of neutral powers and the usages of civilized nations; and in all your proceedings towards neutral vessels, you are to give them as little molestation or interruption as will consist with the right of ascertaining their neutral character, and of detaining and bringing them in for regular adjudication in proper cases. You are particularly to avoid even the appearance of using force or seduction, with a view to deprive such vessels of their crews, or their passengers, other than persons in the military service of an enemy.
"3. Towards enemy vessels and their crews, you are to proceed in exercising the rights of war with all the justice and humanity which characterize the nation of which you are members.
“4. The master, and one or more of the principal persons belonging to captured vessels, are to be sent, as soon after the capture as may be, to the judge or judges of the proper court in the United States, to be examined upon oath touching the interest or property of the captured *vessel and her lading; and at the same time are to be delivered to the judge or judges all passes, charter parties, bills of lading, letters, invoices, and other documents and writings found on board; the said papers to be proved by the affidavit of the commander of the capturing vessel, or some other person present at the capture, to be produced as they were received, without fraud, addition, subduction, or embezzlement. "By command of the President of the United States of America:
"JAMES MONROE, Secretary of State." [Additional instructions to the public and private armed vessels of the United States.]
"The public and private armed vessels of the United States are not to interrupt any British unarmed vessels bound to Sable Island, and laden with supplies for the humane establishment at that place.
"By command of the President of the United States: "November 7th, 1812. (Signed) "TO MATTHEW KELLY, Commander of the private armed schooner Patapsco, of Baltimore."
"JAMES MONROE, Secretary of State.
187. (The Secretary of State, in a circular to Collectors, dated the 21st January, 1814, The complement of officers, men, and requires that private armed vessels shall, in future, have a complement of at least twenty equipments, requisite to a private armed veseffective officers and men, with armament in proportion, to entitle them to receive Letters sel. of Marque-and that all commissions heretofore granted to vessels of an inferior class be revoked: (17) See Vol. 2, page 40, circulars of the Secretary of the Treasury.)
(Quarterly returns of Marine Papers, issued, surrendered, and re-issued, &c.)
and Licenses of ves
188. (In grouping the official calls for Quarterly Returns of Marine Papers together here, QUARTERLY REit cannot be amiss to repeat the appropriate item, of No. 90, ante-viz: that " It is an- of Registry, of Renounced to Collectors of the Customs, by the Comptroller of the Treasury, that the forms cord, of Enrolment, of the abstracts required to be rendered QUARTERLY to the Treasury Department, of the sels. Certificates of Registry, of Record, of Enrolment, and Licenses of vessels, which are issued during each quarter, (together with other official forms required to be observed in issuing those Certificates, and for the regulation of the United States commercial marine,) are transmitted to them, with explanations of each; and that their importance is therein especially called to their attention: C's cir. 28th December, 1793; V. 1, p. 61 to 100.
189. An abstract is required of the Certificates of Registry that were issued (in each Dis. trict) before the 1st of April, 1793, and of those that were outstanding on that day: C's cir. 28th December, 1793; V. 1, pp. 70, 88.
190. Of Permanent Certificates of Registry, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 1b. pp. 70, 89.
191. Of Temporary Certificates of Registry, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 1b. pp. 72, 90.
192. The aforesaid Abstract of Temporary Registers is amended: C's cir. 24th December, 1801; V. 1, p. 209.
193. "An Account" of the Certificates of Record received and issued is required to be transmitted to the Register of the Treasury: C's cir. 28th December, 1793; V. 1, pp. 69, 73.
194. An Abstract is required of the Certificates of Enrolment that were issued (in each district) before the 1st May, 1793, and of those that were outstanding on that day: 1b. pp. 67, 91.
195. Of Permanent Certificates of Enrolment, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 16. 92.
196. Of Temporary Certificates of Enrolment, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 16. 93.
(17.) Thus it appears that the Secretary of the Treasury, the Comptroller of the Treasury, the Secretary of the Navy, and the Secretary of State, all take part in prescribing instructions relating to Letters of Marque; whereas, the whole subject properly belongs to the Secretary of State; and whatever the other branches of the Government have to say on the subject, ought to be transmitted as emanating from him.
LIGHTHOUSES, BEACONS &c., information called for.
Complaints of leaky oil casks.
197. Of Licenses (18) to Enrolled vessels (being over 20 tons burthen) issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 1b. pp. 67, 94, 95.
Fitting up Lighthouses with patent reflectors, &c.
198. Of Licenses (19) to vessels exempt from Enrolment (being under 20 tons) issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: Ib. 67, 97.
199. Of the Endorsements (20) of changes of masters of vessels, &c., required to be made on Certificates of Record, of Registry, of Enrolment, and on Licenses, during a quarter, a Quarterly Abstract is required: 1b. pp. 73, 98.
Of the Lighthouse System-with instructions appertaining thereto-and the quarterly returns of accounts and reports connected therewith.
Placed under super
201. The same subject is amplified-inquiring into the extent of these establishments, intendence of Collec- and placing them under the superintendence of Collectors of the Customs: S's cir. 5th
October, 1789; V. 1, p. 9.
200. The Secretary of the Treasury calls for information respecting Lighthouses, Beacons, Buoys, and Public Piers, &c.; stating that the expenses of those establishments are hereafter to be defrayed by the United States: S's cir. 1st October, 1789; V. 1, p. 4.
202. On the complaint of certain Collectors, as Superintendents of Lighthouses, respecting the leaky condition of casks in which oil has been received by them for Lighthouses, ¡nquiries are instituted by the Secretary, requiring a circumstantial statement on the subject: S's cir. 25th June, 1806; V. 1, p. 244.
203. The Secretary transmits to Collectors a copy of a contract with Winslow Lewis, esqr., for fitting up all the Lighthouses with patent reflectors and lamps, "to make a more brilliant light at half the consumption of oil, and to keep them in repair for seven years" with instructions to see it faithfully executed: S's cir. 26th February, 1813; V. 2, p. 24.
Measures for restor
204. Collectors are informed that, under the direction of the COMMISSIONER OF THE
ing Lighthouses, &c., REVENUE, immediate measures will be taken for restoring Lighthouses, Beacons, Buoys,
under direction of
Commissioner of the
and Piers, to the condition they were in before the late war; to which end a report is required of their actual condition in each Collector's District: S's cir. 25th February, 1815; V. 2, p. 47.
(18.) Besides these Quarterly Returns to the Register of the Treasury, it will be perceived under another head, that a monthly abstract of Licenses granted 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 prescribed by his circular of the 27th August, 1792; V. 1, p. 124.
(19.) Though no abstracts of "Permanent" and "Temporary" Licenses are distinctly called for by the above circular, yet these specific distinctions are required to be endorsed upon the Licenses when issued, to show that they were issued from the District to which the vesselsbelong, or from a different District.
(20.) Collectors at sundry ports being in the habit of making excessive charges for endorsements of memorandums on the Licenses of coasting vessels, are peremptorily required to keep within the rates allowed by law: C's cir. 6th April, 1831; V. 3, p. 147.
205. Collectors, as Superintendents of Lighthouses, are requested to afford the proper facilities to Navy Commissioners in making their examinations, in pursuance of the 2d section of the act of 3d March, 1837, making appropriations for building Lighthouses, &c.: S's cir. 20th March, 1837; V. 3, p. 126.
206. The Keepers of Lighthouses, &c., are requested to afford the Corps of the Coast Survey all facilities and aid in their power for protecting their landmarks, and other monuments set up by the surveyors in the course of their operations: S's cir. 25th March, 1837; V. 3, p. 129.
207. Information is called for from Captains of Revenue Cutters (instead of Collectors) on various points respecting the actual condition of Lighthouses, Beacons, Light Boats, &c., their proper location, utility, efficacy, or deficiency: S's cir. 10th May, 1843; V. 3, p. 315.
(Quarterly returns of Lighthouse and Marine Hospital Accounts.) (21)
208. Collectors, as Superintendents of Lighthouses, and Agents for Marine Hospitals, are informed, that they subject the Department to great inconvenience by the irregularities they practise, in making up and transmitting their Quarterly Accounts of Receipts and Disbursements, in those agencies: C's cir. 28th September, 1818; V. 1, p. 429.
209. Collectors, as Superintendents of Lighthouses, and Agents of Marine Hospitals, are again complained of, as being exceedingly irregular in transmitting their Quarterly Accounts of Receipts and Expenditures enjoined by the regulations: C's cir. 12th April, 1827; V. 2, p. 468.
Facilities for building Lighthouses, under examination of Navy.
Commissioners of the
Facilities and aid to the Corps of coast survey.
The actual condition of Lighthouses again asked of Revenue
Lighthouses and Marine Hospital Accounts neglected.
(21.) The two following notices of the returns of Marine Hospital Accounts are introduced here, in connection with those of the accounts of moneys advanced and disbursed for the Lighthouse establishments, merely in conformity to their being so connected in those two circulars. A much more ample series of notices respecting Marine Hospital Accounts will of course be found under their proper head in the next ensuing section. But why so few circular notices and instructions in relation to the returns of Lighthouse Accounts have occurred, seeing how great was their irregularity, is quite unintelligible, not to say the more so, when it is seen how much repetition occurs on many other subjects of instruction and remonstrance. But, in regard to another subject, the returns of “Light Money," which might, from the inadvertent misleading of a cognomen, be deemed to belong to this connection of Lighthouse Accounts, it is proper to say, that they are as foreign from it, as the accounts of any other duties received by Collectors; and that, on account of their continued and uniform connection, in the circular instructions, with tonnage duties, they will be found so connected under that head in Chapter III, section 5, as it would be doing too much violence to their wonted association to separate them merely to preserve the consistency of the classification generally maintained in this Synopsis. Nevertheless, it seems obvious to remark, that there is no greater difference between the duties levied on vessels as Light Money, and the expenditures of Government for the establishment and support of Lighthouses, than there is between the Postage duties on Letters, &c., and the expenditures of Government on account of the Post Office establishment. If the duties received for mail transportation of Letters may be applied exclusively to the use of the Post Office establishment, why not the Light Money be applied exclusively to the support of the Lighthouse establishment? And in like manner, of every other source of revenue, why not apply the proceeds of each exclusively to its support? The answer is manifest-there would be no balances to meet other demands of the Government. Why, then, it need hardly be asked, let the Post Office expend all the revenue from Post Office duties?
It may be remarked here, in anticipation of the subjects in the next ensuing section, that the many repetitions and diversity of instructions relating thereto, are reduced to consistency by the summary instructions of Mr. Secretary Ewing, of the 15th of May, 1841, introduced in the note at No. 241, post.
AMERICAN SEAMEN: their relief, protection, registry, and returns thereof to the Treasury:
-to be returned from abroad, at U. States' charge:
Crew List, and individual protection to certificate of citizenship:
Crew List necessary to protect the crew during war.
Fraudulent discharge of seamen in foreign ports, forbidden.
Neglect to give masters certified "Crew Lists."
Of the Marine Hospital System for the relief of sick and disabled seamen, together with the System of Registering and Protecting American Seamen-embracing the weekly and quarterly returns of accounts connected therewith.
210. Certain rules and regulations are prescribed by the President for the administration of the act of the 28th May, 1796, for the relief and protection of American seamen-for registering their names, and furnishing them with certificates of citizenship, &c., to be regularly recorded in books to be provided therefor—and quarterly returns of such registers to be made to the Secretary of the Treasury, according to forms transmitted: S''s cir. 19th July, 1796; V. 1, p. 176. (See No. 217.)
211. American seamen in foreign ports, desiring to return home, are to be taken on board of United States merchant vessels free of cost or charge to them, under the direction of the American Consul there, according to the act of 14th April, 1792, "concerning Consuls and Vice-Consuls: S's cir. 24th December, 1801; V. 1, p. 213.
212. Further instructions are given to Collectors respecting the masters of vessels bound to foreign ports, with a List of their Crew, distinguishing foreigners from citizens, and with a certificate of citizenship to each citizen seaman, (called his Protection Certificate,) according to the act of 28th May, 1796-referring to the instructions of 19th July, 1796, on the same subject: S's cir. 6th July, 1803; V. 1, p. 226.
213. The instrument called a "Crew List," as required by acts of Congress, and sometimes by Treaties, is necessary for the protection of the crew of every vessel, in the course of her voyage, during a war: S's cir. 25th February, 1815; V. 2, p. 47.
214. It having been represented by Consuls, and others, that crews of our merchant vessels have been discharged in foreign ports by masters of such vessels, without complying with the provisions of the act of 28th February, 1803, Collectors are requested to use proper vigilance to detect and correct the practice: S's cir. 5th April, 1831; V. 2, p. 260.
215. Further complaints having been laid before the Secretary in regard to the unwarrantable landing of seamen in foreign ports, from American whaling vessels, ultimately to defraud them of their interest in the proceeds of their adventure, Collectors are again admonished of their duty in executing the law in all such cases: S's cir. 28th November, 1833; V. 2, p. 333.
216. In consequence of frequent neglect by Collectors to give the masters of vessels a certified copy of their "Crew List," as required by act of 28th February, 1803, great inconveniences have arisen to seamen on their arrival in foreign ports, &c., which imperiously call for correction: S's cir. 29th August, 1836; V. 3, p. 111.
The Hospital Fund 217. Circular instructions from the Secretary of the Treasury of the 24th May, 1799, instituted, and the proper subjects of re- (referred to, but not restored in this collection,) having given his views of the "act of 16th