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measurement of for

285. The actual admeasurement of Foreign Vessels, on their arrival in port, to ascertain On arrival, the adtheir tonnage, cannot be dispensed with by relying on their foreign registry for the amount of their tonnage; it being shown by our rules of adineasurement to be greater than it is by foreign admeasurement: S's cir. 22d December, 1789; V. 1, p. 38.

eign vessels is indis pensable:

duties:

286. The admeasurement of Foreign Vessels must be made on their arrival, whenever must be reported for tonnage duties accrue on them: S's cir. 21st September, 1791; V. 1, p. 97.

287. Certain Foreign Vessels entitled to the benefit of the act of 31st May, 1830, partially abolishing tonnage duties, are not subject to admeasurement on entry in a port of the Uni. ted States: C's cir. 16th March, 1833; V. 3, p. 371.

288. Whenever a vessel arrives in ballast, or without goods subject to duty, the fact, in either case, must be made of entry by the Collector in his Tonnage Abstract: C's cir. 16th February, 1790; V. 1, p. 15.

per

289. Instances have occurred in which vessels arriving in certain ports have been mitted by Collectors to depart with their cargoes for other ports, after receiving the duties on the goods by estimates formed from the invoices, or from statements of the master, instead of being formed from the actual guaging, weighing, and measuring after landing the goods; the practice is a violation of the law, and injurious to the Revenue; by the last Collection law, a merchant may carry his goods from one District to another, paying the duties, in each district, on the goods actually landed in each: if vessels bound to other places put into a different District, the mere securing there the duties to be paid in the District for which the goods are destined, may be done by estimation as prescribed by law in such cases; but no estimation, without actual landing, guaging, weighing, measuring, &c., is to be accepted as final, where the duties are to be paid: S's cir. 13th May, 1791; V. 1, p. 72.

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Vessels entering in

goods, but not on ton

290. Vessels entering a port from distress of weather, &c., and compelled by disability distress, pay duties on to transfer their cargoes to other vessels, shall not be required to pay tonnage duty-but their cargoes must be entered, pay duty, and be entitled to drawback on re-exportation, as in other cases: S's cir. 12th October, 1792; V. 1, p. 129.

291. (Vessels and their cargoes, captured and brought into our ports as prizes to French privateers and vessels of war, may be admitted under the same regulations and conditions as other vessels, paying the like duties, &c.; but not so in regard to prizes of other belligerants, that being against the treaty stipulations with France: S's cir. 30th May, 1793; V. 1, p. 140.)

nage.

Entry of French prizes granted privilegea not conceded to those of other belliger

ants:

rescinded.

292. (Reference is made to the aforesaid decision of 30th May, 1793, giving privileges to aforesaid decision is French privateers in ports of the United States, which is now rescinded, as being contrary to the restrictions of the 22d article of our treaty with France, and the 24th article of our treaty with Great Britain: S's cir. 30th June, 1796; V. 1, p. 174.)

Aliens are restricted

in their admission in

293. Collectors are informed that Aliens are admitted into the United States under certain restrictions, by the Alien act (of 1798) just passed; and rules are hereby prescribed for to the U. S. by the the government of Collectors under that act, by which they are required to make certain

Alien act:

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discriminations between aliens arriving in port; and to make returns thereof to the Department, according to forms transmitted. C's cir. 13th July, 1798; V. 1, p. 157.

294. So far as it is the duty of Collectors to attend to the execution of the act of 18th June, 1798, respecting the naturalization and residence of Aliens in the United States, certain rules and regulations are transmitted, with forms prescribed, respecting their registry, and the certificates thereof: C's cir. 19th September, 1798; V. 1, p. 161.

295. Consuls and Commercial Agents are requested to contribute information, in pursuance of a resolution of the Senate, respecting the deportation of paupers from Great Britain and other countries, for the United States: S's cir. 7th July, 1836; V. 3, p. 104.

296. The Quarantine laws of European Nations being very oppressive, regulations are prescribed by the Secretary of the Treasury, for the government of Collectors, in providing outward bound vessels with Health Certificates: S's cir. 15th July, 1801; V. 1, p. 205.

297. Collectors are required to continue to enforce the Health or Quarantine laws and regulations enacted by the several States: S's cir. 25th May, 1805; V. 1, p. 237.

298. Vessels are still, to some extent, in violation of law as well as of the instructions of the Secretary of the Treasury of the 13th May, 1791, permitted to enter, and after paying duties on their cargoes estimated by the invoices only, to depart for foreign or other ports without unlading their goods; which unlading is essential to a proper inspection thereof, and estimate of the duties in the district where they are paid: C's cir. 24th November, 1801; V. 1, p. 207.

299. The Commanders of public armed vessels of all descriptions are required, on arrival in a district, to report to the Collector personally, or in writing through the Surveyor, or the Captain of a Revenue Cutter, the name of the vessel, her force, her country, and the port whence she arrived, according to the act "for the more effectual preservation of peace in the ports of the United States: S's cir. 25th May, 1805; V. 1, p. 237.

300. (Collectors are informed, that it was not the intention of the President's proclamation of the 3d July instant, to prohibit British merchant vessels from entering the ports of the United States; all such, even though they be armed, and have letters of marque, are to be admitted to entry, &c: S's cir: 10th July, 1807; V. 1, p. 249.)

301. All vessels (save those exempted by the 31st section of the Collection law) on their arrival from a foreign port or place, unless they depart within 48 hours, must make report in that period to the Collector, according to law, and conform to other requisites of the laws: C's cir. 5th May, 1808; V. 1, p. 240.

302. Fishing vessels may pursue their employment without being obliged to enter or clear at every trip, during the embargo, provided they comply, in other respects, with the injunctions of the law: S's cir. 29th March, 1814; V. 2, p. 41.

respec

303. Commanders of foreign vessels may deposite their Marine Papers with their tive Consuls in our ports, except those of such nations as deny the same privilege to American vessels in their ports: S's cir. 26th March, 1817; V. 2, p. 72.

304. A vessel from a foreign port, having goods destined for different districts in the United States, may proceed from district to district for due entry and delivery at each, upon having given bond in the first port of arrival so to do: C's cir. 5th August, 1822; V. 2, p. 188.

305. Such vessels, as aforesaid, may also, on unlading part of their cargo, at any such port to which they were destined, take other goods on board, to convey them, with the remaining foreign goods, to such ports of their original destination, &c: C's cir. 15th October, 1828; V. 2, p. 587.

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they are subjected ular proceedings.

306. Vessels arriving from foreign ports with manifests of lading for different ports in the United States, are subjected by Collectors to very irregular proceedings, in different districts, by Collectors to irregwhich call for correction. (The irregularities not stated in the circular): C's cir. 3d August, 1839; V. 3, p. 763.

307. Vessels from foreign ports, putting into a district in the United States under stress of weather, or other disability, are exempt from the ordinary regulations in cases of importation, being entitled to the benefits of the 60th section of the act of 2d March, 1799: C's cir. 5th August, 1822; V. 2, p. 189.

308. Foreign vessels outward bound, may proceed from one port in the United States to another, with ballast, or with parts of cargoes, to complete their cargoes thereat, without being considered as importing such goods: C's cir. 15th November, 1830; V. 3, p. 89.

309. British passenger steam vessels on the Lakes may touch at American ports for landing and receiving passengers, and not be required to make Custom-house entry, or take out clearance; but they shall not be permitted to go from port to port in the United States, under the same privilege: C's cir. 20th April, 1833; V. 3, p. 389.

Vessels entering a

port from necessity, exempt from ordinary regulations.

Foreign vessels may complete their outward cargoes at differ

ent ports.

British passenger boats on the Lakes

may touch for landing and receiving, but not

from port to port:

310. The aforesaid instructions of the 20th April, 1833, are rescinded: C's cir. 3d May, aforesaid decision is 1833; V. 3, p. 393.

311. American vessels, on the Lakes, going to Canada to equip with cables, anchors, sails, &c., are wrongfully exempt from duty on those articles on their returns: C's cir. 28th October, 1836; V. 3, p. 553.

rescinded.

American vessels equipped in Canada, &c., subject to duty.

IMPORTANT CHANGE NAVIGATION of certain

in the COMMERCE and

the UNITED

312. The Secretary of the Treasury gives instructions to secure uniformity in the execution of the 1st section of the act of the 1st March, 1817," concerning the navigation of the United States," which says, " that after the 30th day of September next, no goods, foreign COUNTRIES wares, or merchandise shall be imported into the United States from any foreign port or STATES. place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to citizens or subjects of that country of which the goods are the growth, production, or manufacture, or from which such goods, wares, or merchandise can only be, or

in the COMMERCE and

IMPORTANT CHANGE Most usually are, first shipped for transportation: Provided, nevertheless, that this regulation NAVIGATION of certain shall not extend to the vessels of any foreign nation which has not adopted, and which shall foreign COUNTRIES with not adopt, a similar regulation." From a note in the said instructions, it appears that the UNITED STATES. Great Britain and Sweden were the only nations which had already adopted similar regulations, the effects of which, and of the possible future adoption of them by other nations, the above act was intended to countervail. The Secretary remarks that " this first section of the act makes an important change in the commerce of such foreign nations with the United States, as have in force regulations of a similar nature." The Secretary then says, "" to secure uniformity in the execution of this measure, and to render the change imposed by it as convenient to those whose interests are to be affected, as the provisions of the act will admit, the term" Country" in the first section, is considered as embracing all the possessions of a Foreign State, however widely separated, which are subject to the same supreme executive and legislative authority." He adds, "The productions and manufactures of a Foreign State, and of its colonies, may be imported into the United States in vessels owned by the citizens or subjects of such a State, without regard to their place of residence within its possessions:" S's cir. 29th September, 1817; V. 2, p. 78. (26.)

[Same subject.]

313. The definition of "Country" by the aforesaid circular of the 29th September, 1817, is re-affirmed (by Mr. Secretary Forward) in reference to the execution of the same act of the 1st March, 1817, concerning the navigation of the United States; S's cir. 6th July, 1842; V. 3, p. 279,

( 26.) The term "Country" (in reference to a different, but equally commercial subject) is differently defined by the Comptroller of the Treasury, in his circular of the 14th April, 1819, Vol. 2, p. 17, in which he very properly restricts it to geographical limits-making England, Ireland, and Scotland, different Countries; as thus-speaking of the verification of Invoices, he says “It has been supposed by some, that, in case there be no American Consul at the port of shipment, the verification might be made before a Notary Public, or other officer duly authorized to administer oaths;" but the proviso in the 8th section (of the act of the 28th April, 1818, supplementary to the Collection law of 2d March, 1799) will not admit of such a construction. It says, "if there be no Consul of the United States in the Country from whence the shipment of the goods, wares, or merchandise is made, &c." "According to the terms of the proviso, although there be no American Consul at the port of shipment, yet (says the Comptroller) if there be a Consul in the Country in which that port is situated, the Invoice must be verified before him. The sense (says he) in which the word Country, as used in the law, is to be understood, is, that England is one country, Ireland another, and Scotland, &c., another." Nay, the Comptroller, in all probability, might have construed the law, in this case, as taking the term Country in yet a more limited sense, as synonimous with the port of shipment, inasmuch as it is not probable that the law meant to subject the merchants of any port where there is no resident American Consul, to the inconvenience of procuring the verification of a Consul resident at any distant port in the same sovereignty or Country in its largest sense. The very words of the proviso, taken with the qualification they obviously carry with them, would imply this-" Provided, that if there be no Consul of the United States in the Country [port] from whence the shipment of such goods, wares, or merchandise, is made, the oath hereby required shall be made before a Notary Public, or other person duly authorized to administer oaths, whose official character shall be certified by a Consul of a nation at the time in amity with the United States, if there be one in such Country" [or port of shipment.] Now, the inconvenience of such a literal construction, under such contingencies, would tend to defeat the verification of Invoices in a multitude of cases-which is contrary to one of the most sterling rules of construction, viz: that a liberal construction shall be given, rather than defeat the essential ob❤ ject of a law by a rigid construction. This freedom of construction has indeed been practised by the Secretary of the Treasury, under another adverse contingency that tended to defeat this proviso, by substituting, of his own authority, another mode of verification not hinted at by the law, but essential in the cases presented to give effect to the law itself. It occurs in the same circular, where the Comptroller goes on to say "It having been intimated to the Treasury, that by the laws of England the Consuls of the United States, resident therein, could not administer oaths, the Secretary of the Treasury in the circular communication [of the 26th March, 1819, Vol. 2, p. 100,] already alluded to, has made the following regulation. In all cases where, by the municipal laws of the Country in which they [our Consuls] exercise their functions, they are restrained from administering oaths, the verification required by the eighth section of the act may be made in the presence of the resident Consul, before any magistrate duly authorized to administer oaths; and such Consul shall certify, not only the official character of the officer, and that the oath was administered in his presence, but that the person to whom it was administered is of respectable character, and who, according to the provisions of the said act, ought to verify the said Invoices.""

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314. The Secretary of the Treasury defines what constitutes a "coasting trade between COASTING TRADE explained, with excepdifferent Districts by vessels not licensed as Coasters," in reference to the tonnage duty they tions. are liable to-and states two cases of vessels going from one District to another, which do not constitute a trading between those districts, and therefore they do not incur the alien tonnage duty: but he states a third case, in which a vessel not so licensed takes a freight in one District to be delivered at another; which, he says, is to be deemed liable to the rate of foreign tonnage, as carrying on a trade between the Districts without a License so to do: S's cir. 23d December, 1789; V. 1, p. 39.

315. Regulations in great detail, are given by the Secretary of the Treasury, with the approbation of the President, concerning the Mississippi trade in articles of the growth or manufacture of the United States, destined from that river coastwise to any port or place in the United States-(entitled to be free of duty under certain qualifications)—with a form of a report and manifest required of each cargo: S's cir. 27th August, 1802, V. 1, p. 217.

Coasting regulation for American produce, &c., from the Mississippi river.

Atlantic Coast diIvided into two Disto coasting

316. For the more convenient regulation of the Coasting trade, the sea coast and navigable rivers of the United States are divided into "TWO GREAT DISTRICTS;" relating to tricts, as which, instructions and regulations are prescribed for the observance of Collectors: C's cir. 14th April, 1819; V. 2, p. 10.

317. A Registered vessel of the United States arriving from a foreign port, is entitled to a qualified Coasting trade, immediately connected with her foreign trade-that is to say: upon "unlading a part of her cargo at the port of arrival, she has a legal right, in her character as a registered vessel, to take goods on board at such port, for the purpose of conveying them with the remaining foreign goods to some other port of the United States;"-but there she will be liable to the payment of tonnage duties at both ports. In such cases a separate and distinct manifest of the goods taken on board at the first port of arrival is to be made out, and be certified by the Collector: C's cir. 15th October, 1828; V. 2, p. 589.

trade.

Registered vessels of the United States,

entitled to a qualified coasting trade.

Certain oath dis

ence to cargo, &c.

318. The oath required of commanders of vessels, clearing out with a cargo, in the Coasting trade, that the duties thereon had been paid, is dispensed with, in relation to merchan- pensed with, in refer dise on which the duties have been repealed;-said decision having reference to articles on which the Internal Tax has been repealed: C's cir. 15th November, 1830; V. 3, j

p.

92.

319. British vessels are wrongfully permitted, by Collectors, to evade the regulations of the Coasting trade on Lake Ontario: C's cir. 15th August, 1837, V. 3, p. 567.

320. What is the practice, inquires the Comptroller, respecting duplicate manifests of cargoes on board of vessels engaged in the Coasting trade on the Northern Lakes: C's cir. 16th July, 1839; V. 3, p. 757.

321. The navigation between Mobile and New Orleans, by inland bays and rivers, is not considered to constitute a Coasting trade, or "sailing coastwise"-therefore the transportation of slaves is not prohibited by that route: C's letter to Surveyor at Port Pontchartrain, 21st April, 1840; V. 3, p. 807.

322. A circular (not in this collection) is addressed, thro' the hands of Collectors, to masters of steamboats, the purport of which is not stated: S's cir. 15th July, 1824; V. 2, p. 146.

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