Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-08-12
Circular 70 ne Collectors If Customs.
TREAsUKY DEPARTMENT, }
MN LII, 49, Z

jJh .!uiy, 1898.
SIR As ii Is prahab,e that, in the progress
OF -. War which navy exists between France
aud Spaa, th' public and private armed ves
sells nl one, and perhaps OF both hriijgerra,s,
may hy stress Of weather, pursuit 1f mics
or suiur other urgent necessity. he forced 90
cuer The ports and harhors of the United
States, u becomes ihG duty Of The govern
inent - prescribe The manner in When thrv
shall be treated willis, they remain within lis
Jurisdiction
IS there exists unon the subject, no icgislo
'cprctmrn., lh' question must be decided
~ tEe CoDvVn!luuai engagements " hich the
O"IteG States have contracted with the bcili-
g"nnt parties.
=: 'he &;h article OF the treaty between
"a" O8'trd states anu Spain, it is pro, ided
that tie public au! private vessels OF Spain,
w.leD fusced by stress of weather, pursuit nf
eaeniGs, or any ether Ecur necessity, to seek
shelAr or harhDr, may enter into any of The
rivtrs, bays, roads, or ports, Belonging To the
CUi'ed Safes, and shall he received with all
hUmiuity, and IN y Al favor, protection, and
help, and he permitted tn refresh and provide
themselves IT reasonable rates, with proyis
IONS md al things Dcedful for the subsistence of
th;ir persons or rrpar;tion Of their ships and
prosecution Gf thrlr voyage aud they shall he
nO wiys hindered from departing from the
sad ports or road, but may remove and
depart when and whIthcr they please, without
any l.loi hndrancr
With France, the United States have no
treaty stip..lationsuPon the subject The obi
gatiUus of rcuiralliy, however, impose upon
Llen thR observance uf the same COurs,. of
conduct towards both bc,gerents, unless
Spain has a right, by treaty, 20 exclusive pri
ylrges. reference 10 the prov iSions of the
9Th article OF tie treaty above recitrd proves
that no exclusive privileges have been granted
10 her. II becomes, then, the duty of the
u. states 10 treat lhr public aud private ar
med vessels ofboih parties in the same man
ner.
AssuminS the provisions of the article re-
frred 10, az The rui" by which the conduct of
the United States is 10 be regulated, am
instructed by the President TO direct
ist. That the public and private armed
vessels OF France AMI Spain, with their prizes,
may under the circumstances described in
the said article, enter She ports, haFbors, and
waters OF the United States, and repair any
damages which they may have sustained ;
but M increase o. arms or munitions OF war,
or Of ihe number of men on board, can be
lawfully made.
"a. That such prizes cannot he condemn
ed or sold within The Jurisdiction of ,he Unit
81 states, and consequently, cannut be al
nIIied 10 entry at the custom houses, nor per-
United 10 enter inlO he general consumption.
81. frat they may at any time, depart
from the United States, without let or hiu-
dT,oCe.
IN. That, when prize vessels have been
wrecked, or 80 disabled rs not TO De- rendered
seUvoriby, their cargues may toe reshipped
in any 0thcr vessel which Shall not enjoy an
cErnFtIon from capture, not enjoyed by such
prlIr Vessels, For example If France in the
Prlgrcss Of var, shall conform tu the rule that
irrr vessels make free gonds, the Cargors OF
vessels captured hy either brlhgerr0i, when
reslpped in neutral vessels, viii rniny IN *
empdnn from capture which the piize vessels
did not eniry.
9Th. DurIg The time that prize vessels may
rernaln 10 i1e ports ofthe q. ) thy shall be
subject tn slch Inspection, and such supcrin.
tendeacr, by the custom house officers, rs may
be- ntc's.afy o. pre-, cut smuggling nf any kind
the ssrne rars are to he observed i'm rcls.
zion 10 lhe put!r ard private ernpd vessels al
Sap aud uf thc Independent governments
established in Spapsh America, and thcir
rr'zrs, when trough. within the jurisdiction
Of tbr United States
( remain, witu respect, your nbd't. eervaot
WA. " CRAWFORD.