Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-04-07

| the collectors
CIRCULAR.
Treasury DEPARTMENT, lzurch Is, 1909.
ISIR, wv
L sent you on the third instant, toye
taer with the non-int-rcourse act, some o..
neral Instructions, which, on a first iianrs.-
sion, appeared necessary in order TO 'nre
serve uniformity in its execution. Some
~ those may not be sufficiently explicit !:
YIN one important point, have, from a fur
| ener consideration of the several sections of
the act, been induced TO alter nv opinion !,
ana new questions have arisen on which So.
veral of the collectors have applied for in.
distractions. 'A'
| ne expressions used in the sixteenth
section OF the act, had at first impressed A
oeilef, that vcssels, owned in whole or in
part oy Foreigners, could not be cleared for
English or Preach ports. But on more mi.
mute investigation Of the thirteenth section
OF she,act, and OF the proviso OF the first
section OF the embargo act, passed on TWEEN.
l.y-second Decem5er, one ;housa,,.; eight
hundred ana seven, think that opinion TO
nave oeen erroneous. Vessels owned IN
whole or In part by foreigners are still per-
| united IN Conformity with the said proviso
TO depart eitneria ballast, or with the car
goes which they had brought In, and which
nave not oeen landed, Tor any foreign pors
Whatever. If thcy shall clear for port
VIA whicn commercial intercourse is per-
iiieied To american vessels By the act of
iifse instant, TN y must gives bond, in con-
ior'aity With the thirteenth section of the
SAID act, that they siiall not proceed TO a
forbidden port ous if they are bound to a
FORBIDDEN port no bond Is necessary and
they may DC permitted to clear according.
W lhis applies as we'll to English or
rrencn, as TO any other foreign vessels
Dat tne proviso fthe act of twenty.second
OIL December, one thousand eight hundred
ana seven, being still uarepealed in all it's
parrS and the act itself being repealed in
part only, So iar as relates.to vessels owned
sy. citZcns OF the United States vessels
owneo IN whoie OF IN par. by oreigners are
sun iorDidden to take on board any new
cargo. American vessels are permitted to
go only To the ports nos forpidden bv TN.
| act OF INST instant, and may export there
very specs, of merchandise. Foreign
Vessels may depart for any foreign port
I whatever, but Cannot take OIL board or ex
kPort any merchandise either foreign or DO
| nestic, otntr Than was on board when no.
rihea o. tne embargo, or Ill other words, as
| 1T relates to all foreign vessels now IN the
United States, otfier thaa tue carsoes
which they may nave brought in, and
which have not been landed
/ On the subject Of ports for which clear.
ances may be granted, or must be refused
70 Amerlcan Vessels, will observe that as
che legality, or LEGALITY of the voyage Can,
In doubtful cases be determined only by the
COURTS or the Umted States, that QUESTION
eau never be affected either by granting or
(refusng clearance. the forms of ponds
which nave BEEN transmitted by the conn
ttoller, are IN conformity with the express
sions used IN the act; and 1t must be clear.
| ly understood thai as on the one hand, the
4 condition OF the bond may not, on trial, be
| dee med forfeited IN every instance Where
a vessel snail nave proceeded to port for
which a clearance mad been refused SO.
on the other hand, errors may be commit,
Ted IN granting clearances for ports which
che courts may ultimately adjudge to have
been forbidden by law and it Is not intend.
u that the mefe act OF thus granting a
clearance shall release the party from the
penalty which may be incurred by pursu-
I .ng an illegal voyage.
l am still OF opinion, that no clearance
Can be granted for any part of the island
lof 81. Domingo, or of the Kingdom of ltaiy.
The independence of st. Domingo has not
loeen acknowledged By any act Of govern.
ment, and II not independent, il is a de-
tendency of France. The Kingdom of TIA
y, which now includes Venice and Leghorn.
though not annexed 60 France, is govern
ed IN the name OF the French emperor, and
is not only in fact but in name, one of his
dependencies. There are ports IN Spain
and Portugal, which nay hereafter be ex
clusively in the possession OF at-Britain
or France, and for which clearances should.
according to circumstances, he refused. 1t
is understood that at present they are ali
under tho nominal government of Spanish
lsoyereign, OF of the prince regent of Portu-
Igal, and that, therefore, cles RANGES NAV
lbe granted for all. The rule must be, that
places held in the name OF tbe sovereign
OF the country, though garrisoned by Bri-
tish or French troops, are not to be consi-
dered as forbidden ports. But If conouer-
ed by either, as i'll tile case of LISBON be.
fore its evacuation by the French they are
Exclusively in the possession of the CONQUER
ors and therefore forbidden.
There is nothing in the law which forbids
the sale OF American vessels abyoad hut
the condition Of the bond required by the
Thirteenth section is, that they, shall not
proceed to any British or French port. =
The Condition of the bond will lie consider
ed oy this department as forfeited and the
bond put in suit, if prior to their return TO
the United states, and during the CONT
lnuanee OF tue act, they shall proceed TO