Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-06-25
CIRCULAR TO COLLECTORS NAVAL OFFICERS. AMI
SURVEYORS.
TRE Der
First Comp,rolIer's Office, June &, 1899.


Sir:-From the results of recent trials in the Courts
of The a. S it appears that American vessels sailing
under Registers, and without being enrolled aud cens.
ed have in violation of law, been for many years en-
gagged in the whale fisheries.
On full examination OF the records OF this Department
it evident that this has been adopted without
its sanction and il becomes matter CT regret that prac.
lice erroneous should have been introduced and sui
lted generally 10 be pursued being contrary TO the
instructions of this office contained III The CITcuar oil
2Sth Decen,!er 1893 and its decisions in special
submitted to il and also in disregard of existing laws,
as construed by the u. States Courts, subIectng such
vessels on their arrival to foreign tonnage and duties,
and in some cases 10 forfeiture Of vessel and cargo; and
while at sea alternating the American character OF The
vessel and thus losing the wholesome protection OF The
Ia as against the revolt Of their crews
Owners and masters Of such vessels now in port OF
which may hereafter arrive, under ,hese circumstances.
will perceive the necessity OF surrendeng. or causing
to b. endeed the registers OF their vessels and av
inc them enrolled and licensed according 10 law, betore
proceeding sea, and OF pursuing such other measures
Tor their own security as Tie porahl nVolVeu
would to indicate
By The , section Of The act Of the 18th Of Februa
~ 1872 IT, at the expiration Of the year for which The
license is given the vessel be at sea, and the master
shall within ortveght hours after his arrival, deliver
10 the Collector % The district in which he shall first
have arrived the license which shall have expired, and
make oath thSt it expired whilst at sea- taxing the ceiu
fcate Of the Collector therefor as provided IN the 9
section Of The act, with which TO proceed TO his
proper district the forfeiture Of the vessel End cargo,
pay Of foreign tonnage and duties as the case may
| be. is avoided.
The limited duration of the license, as is contended
for by some would nC therefore, appear to have beer
sufficient reason for this clear deviation from existing
LAYS.
Consequently with view 10 10 such enrolled
and LICENSE vessels oil the benefits, privileges and pr"
lection Of those laws Collector OF the Customs are 40.
ilnriZpd and directed, nppcaon besides the papers
before mentioned I" grant 10 such vessels general clear
arce passport bill OF health letter, and permit IL
ID. Gnrpiup pprt mr.
voyage together with certified copy OF the crew lisi
On the clearance OF such vessels they WILL IN pursuance
OF the 2sl section Of he net cited require from The mas
ter that bis manifest of outward cargo be pethed on oath
and their arrival in port, the manifest and enHy OF
/ inward cargo must, in like manner, be verified
it'll resp the Of vessels sailing under le'
esters Which have recently returned from whaling Toy-
agea, well those OF vessels which hereafter may
arrive until further legislation, the existing laws must
be enforced it regards the duty on the onna OF The
vessel and the cargo, if il be OF duabe character,
as vel! as other legal liabilities the remedy for relief
for any penalty, forfeiture disability incurred by such
ressels being in mission by the Secretary OF lie lrea.
srry, where his legal power may be exetcised and lle
case shall justify his interference or with Congress IN
! regard 10 the duties
The papers herein directed be issued being such
are made necessary for vessels employed in The foreign
trade with The exception of the permit 10 touch and
trade prescribed in the Circular of The 2s,h Decen-
her 1883 is presumed that Collectors OF the Customs
! will encounter difficulty in the premises.
Proper notice should however be given 10 the owners
and mOslers of whaling vessels Of the nature aud object
Of these instructions, that they may incur injury by
negleclng to conform 10 them
II has been made question whether vessels sailing
under enrolment and licences with the papers before
enumerated, might not take board goods 10 be landed
at foreign ports, with the right Of drawback.
10 rew Of such privilege none but registered vessels
under existing laws, being permitted TO engage in the
foreign trade, il is the opinion Of this Department that
il be extended TO vessels enrolled ard licensed
Another matter, as respects vessels enrolled ind Ii.
censed for the coasling trade is OF sufficient importance
TO claim your attention.
Frequently applications are made by purchasers Of
coasling vessels, sold transferred by process OF law,
10 have them enrolled and licensed, consequence Of
former withholding the old papers.
The proviso in The act Of the Cd Of March, 1897, OBJ
viaes any distinction that may have been taken in prac
lice between these and other vessels and is conceived
that if The old papers Of such vessesbe not surrendered
the change of property, the former owner or owners
incur line penalty prescribed in The l4t section of the
act Of December 81 1892 10 be recovered, with cost Of
suit.
1t is proper 10 add, that these instructions have The
appreciation of the Secretary Of The Treasury.
am, very respectfully, Sir
Your ubedent servant
Il BARKER C0DDirDUsr.