The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-03-28

DoAklL,b w.
The .foNosying CIRCULAR mas been trans
miffed by the Secretary IF the Treasure
TO he Collectors:
CIRCULAR.
TREASURY DEPARTMENT.,
March 10, 1909.
SIR,
I sent you on the third instant, together
with the Non Intercourse act, some general
instructions which, on a first Impression. an
peared necessary in order to preserve unifor-
nifty in its execution. Some of those mi,
not be sufficiently explicit: On one imuor-
tant point, | have, from a further consider,-
ton OF the several sections of the act. been
induced TO alter my opinion (; and new unes.
tons have arisen on which several OF the
Collectors have applied Tor Instructions.
The expressions used in the S sixteenth sec
ton of the act, had at first impressed q be.
by foreigners, could not be cleared for Eng
tish or French ports. But on more minute
investigation OF the thirteenth section of the
act. and Of the N.oviso of the first section
OF the embargo act, passed OF the twenty Sc
cond Hecember, one thousand eight hundred.
and seven, l think that opinion u have been
erroneous. Vessels owned in whole or in
part BY foreigners are still permitted in con-
;"rmity with the said ~proviso. to depart e:
lher IN ballast, or with he cIrgnes which
they had brought in, and which have not
been landed, Tor any foreign port whatever
II they snail clear for q port with which com
me:ciai intercourse is permitted To- Amer
can vessels by the act of first instant. the,
must give bond. in conformity with he thir
]teenth section " the said act, that ,I,ev shall,
lot proceed tn a forbidden port but If they
are bound TO a forbidden port, no bond is ne
%cessarv and they may be permitted to clear.
accordingly. This applies IS well 20 English
or French, as to anv other foreign vessels
but the proviso of the act Of ve0tv-second
OF December. one thousand eight hundred
and seven, beng still mrepea'ed in all its
parts, and the act itself beng repealed in
nar' only 81 tar as relates &c vessels owned
by citizens of the United States: vessels
towned III whole or in part by foreigners So
still forbidden To take on board any new car
lgI. American vessels are permitted to 90
only - the ports not forbidden by The act Of
h'St instant, aho may export there every spe-
cies OF merchandise. Foreign vessels NAV
depart for any foreign port whatever, but
cannot take OH board or export any merchan-
oize either foreign or domestic, other than
was oh board when notified of the embargo
or IN other Words, as, it relates to all foreign
vessels now in the United States, other than
the cargoes which they may have brought in,
and which have not been landed.
On the subject of ports for which clearan-
ces may be granted, or must be refused to
American vessels, | will observe, that as the
iesality or iliegality of the voyage can, in
doubtful cases, be determined only by the
courts OF the United States, that questio.
can never be affected either by grant ng or
refusing a clearance. The forms or bond.
which have been transmitted BY the Comm
troiier, are In conformity with the expressi
ons used in the act; and it must be clearly
understood thatas, on the one hand, the con.
dition OF the bend may not, on trial, be deem
ed forfeited III every instance where a YES
st! shall have proceeded to a port for which
Il clearance had been refused {; so, on the, o.
Their hand, errors may be committed in gran
ting clearances or ports which the courts
may ultimately adjudge to have been forbid
den by law. and II - not intended that the
mere act OF thus granUnga clearance shall!
release the parry srcm the penalty which
may be incurred by pursuing an ILLEGAL
voyage.
am still of opinion that no clearance can
De granted Tor any part o the Island o. San
Domingo, or Of the Kingdom of itaiy Inc
independence o, san Domingo has not been
acknowledged by any act of government !;
VIII, u iAOI ~ PShuCTl, IL IL a USDGnCcnGE OF
France The Kingdom of Italy, which now
Includes Venice and Leghorn, though not an
nexed TO France, is governed in the name of
the French Emperor, and is not only IN act.
but III name, one of his dependencies There
are ports in Spain and Portugal, which may
hereafter be exclusively III the possession of
Great Britain or France, and for which
ciearances should according to
ces be refused. 1t is understood that at pre-
sent they are all under the nomina. govern
ment or aSpanish Sovereign, or of the Prince
Regent of Portugal, and that therefore clear.
ances may be granted ior all. The rule
must be that places held In the name of the
sovereign OF the country, though garrisoned
by British or French troops, are not to be
considered as forbidden ports. But if con-
qrered by either, as in the case of Lisbon
before it's evacuation by the French, they
are exclusively in the possession of the CON
querors and therefore forbidden.
There Is notllingin the Law which forbid,
the sale of American vessels abroad but
the condition of the bond required by the
thirteenth section is that they shall not pro-
coed to any British or French port. The
condition OF the bond will be considered by
this Department as forfeited and the bond
put in suit, If prior to their return to the
United States, and during the continuance
of the act, they shall proceed to such port,
whether they have been sold or remain the