Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-06-27
CIRCULAR TO COLLECTORS, MA.
VAL OFFICERS, AND SURVEYORS.


CIRCULAR TO COLLECTORS, MA.
/ VAL OFFICERS, AND SURVEYORS.
II Treasury DEPARTMENT., }
First Comptroller's Office June &, 1889. {
Il Sir:-From the results of recent trials in
the courts Of the United States, it appears
that American vessels, sailing under Regis
hrs, and without being enrolled aud licensed
have, IN violation of law, been for many years
engaged in the whale fisheries.
H On full examination Of the records of this
Department, it is evident that this course has
been adopted without its sanction, and it be-
comes matter Of regret that practice so
erroneous should have been introduced and
suffered so generally to be pursued, being
contrary to the instructions of this office
contained in the Circular of 2Sth December,
l793, and its decisions in special cases sub
mitted to IL; and also in disregard Of existing
laws, as construed by the U. s. Court, sub.
Jecting such vessels on their arrival, to for
cign tonnage and duties, and in some cases
TO forfeiture of vessel and cargo; and, while
at sea, alternating the American character OF
The vessel, and thus losing the wholesome
protection OF the laws against the revolt OF
their crews.
Owners and masters of such vessels now
IN port or which may hereafter arrive, under
these circumstances, will perceive the neces-
slty OF surrcnderlng, or causing TO be sur.
rendered, the registers of their vessels, and
having them enrolled and licensed according
to law, before proceeding TO sea, and Of pur-
SUING such other measures for their own Sc
curIty as the important interests would seem
10 Indicate.
by the 9th section of the act Of The 18th Of
February, 1913, if, at the expiration of the
year for which the license is given the ves-
sel be at sea, and the master shall, within
iorty eight hours after his arrival, deliver to
the Collector to the district in which he shall
first have arrived, the license which shall
have expired, and make oath that it expired
whilst at sea, taking the certificate Of the
Collector therefor, as provided in the oh
section Of the same act, with which to pro-.
coed to his proper district, the forfeiture of
The vessel and cargo, or payment Of foreign
tonnage duties, as the case may be, is
avoided.
The limited duration of the license, rs is
contcnded for by some, would not therefore
appear TO have been sufficient reason for
this clear deviation from existing laws.
Consequently, with a view to secure 10
such enrolled and licensed vessels all the
benefits, privileges and protection of those
laws, Collectors of the Customs are author-
zod and directed, on application, besides the
papers before mentioned, to grant TO such
vessels general clearance, passport, bill of
health, sea letter, and permit to touch and
trade at any foreign port or place during the
voyage, together with certified copy of the
crew list. On the clearance of such vessels,
they will, in pursuance of the 2lst section of
the net cited, require from the master that
hIs manifest OF outward cargo be verified on
oath, and on their arrival in port, the mani
fest and entry Of inward cargo must, in like
manner be verified.
With respect to the cases of vessels sailing
under Registers, which have recently re-
turned from whaling voyages, as well as those
OF vessel IL which hereafter may arrive, until
further legislation, the existing laws must be
enforced as it regards the duty on the ton.
mage Of the vessel and on the cargo if it be
OF dutiable character, as well rs of other
legal liabilities, the remedy for relief for any
penalty, forfeiture, or disability incurred by
such vessels being in remission by the Sec
retary OF the Treasury where his legal power
may be exercised and the case shall Justify
Ills interference, or with Congress in regard
to the duties.
The papers herein directed 10 be issued.
being such as are made necessary for YES.
sells employed in the foreign trade, with the
exception of the permit to touch and trade as
prescribed ~ the Circular of the 2Sth De-
cembcr, l193, it is presumed that Collectors
of the Customs will encounter no difficulty
in the premises.
Proper notice should however, be given TO
the owners and masters Of whaling vessels of
the nature and object of these instructions,
that they may incur no injury by ncglccting
TO conform 10 them.
IL has been made question whether YES.
sells, sailing under cnrolnents and licenses,
with the papers before enumerated, might
not take on board goods IN be landed at for
rign ports, with tho right of drawback.
In view of such privilege, none but reg
lstercd vessels, under existing laws, being
permitted to engage in the foreign trade, il
IS the opinion Of this Department that it can.
not be extended to vessels enrolled and
licensed.
Another matter, ns respects vessels enrol.
'ed ana licensed tor the coastiog trade, is of
soihcient importance to claim your attention
Frequently applications are made by
purchasers OF coasting vessels, sold or trans.
ierred by process of law, to have them en-.
rolled and licensed, in consequence of former
owners Withholding the old papers.
The provso in the act Of 2d March. IT07.
obviaies any distinction that may have been
taken IN practice between the papers of those |.
aud other vessels, and it is conceived that, if
The old papers Of such vessels be not surren
dered on the change Of property, the former
owner or owners incur the penalty prescribed
~ The llth section Of the act Of December
81, l702, TO be recovered, with costs of suit.
II is proper 10 add that these instructions
have the appreciation Of the Secretary of the !
Treasury.
am very respectfully, sir.
Your obedicnt servant,
J. ~ BARKER, Comptroller
The Board Of NAVY officers. ordered to