The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-06-26

regard Of existing laws. as construed by the u
States Courts, subjecting such vessels on theil
arrival, 10 foreign tonnage and duties and in some
cases to forfeiture Of vessel and cargo and
!, while al sea. alternating the American character
, of the vessel. and thus losing the protection o
t the laws against the revolt Of their crews.
Owners and masters Of such vessels now ia
I port. or which may hereafter arrive under these
circumstances, will perceive the necessity o
isuncDdering, or causing to be surrendered, the
registers Of their vessels, and having them en-.
) rolled and licensed according to law, before
} proceeding to sea. and Of pursuing such Other
measures for their own security as the impor-
tant interests involved would seem TO indicate
: By the 9th section of the act Of the sth oi
February, 1892, it, at the expiration of the year
for which the license is given, the vessel be al
sea, and the master shall, within forty-eight
hours after his arrival. deliver TO the Collector
OF the district in which he shall first have arriv-
ed, the license which shall have expired, and
make oath that it expired while at sea, taking
the certificate Of the Collector therefor, as pro-
vided in the 9th section Of the same act, with
which to proceed to his proper district, the for
feiture Of the vessel and cargo, or payment of
foreign tonnage and duties, as the case may be,
is avoided.
The limited duration of the license, as is con-
TO have been sufficient reason for this clear
deviation from existing laws.
Consequently, with view to secure to such
enrolled and licensed vessels all the benefits,
privileges and protection Of those laws, Collec-
tors Of the customs are authorized and directed,
on application, besides the papers before men
toned, to grant to such vessels general clear
aDce, passport, bill Of health sea letter, and per-
init to touch and trade at any foreign port or
place during the voyage, together with a certi-
fed copy of the crew list. On the clearance Of
such vessels they will. in pursuance of the 2lst
section Of the act cited, require from the mas
ter that his manifest Of outward cargo be veri-
fed on oath. and on their arrival in port. the
manifest and entry of inward cargo must, in like
manner, be verified
With respect to the cases Of vessels sailing
under registers, which have recently returned
from whaling voyages, as well as those Of ves-
sells which hereafter may arrive, until farther
legislation. the existing laws must be enforced
as it regards the duty on the tonnage Of the YES
sci and on the cargo, lift be of dutiable charac-
ter, as well as other legal liabilities, the remedy
for relief of any penalty, forfeiture, or disability
incurred by such vessels being in remission by
the Secretary of the Treasury, where his legal
power may be exercised, and the case shall jus-
tify his interference, or with Congress in regard
to the duties.
The papers herein directed to be issued, be-
ing such as are made necessary for vessels en-
ployed in the foreign trade, with the exception
of the permit TO touch and trade as prescribed
in the circular Of the 26th December, 1893, il
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 neglecting to con-
form to them.
1t has been made question whether vessels
sailing under enrollments and licenses, with the
papers before enumerated, might not take on
board goods to be landed at foreign ports, with
the right Of drawback.
In view 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 it cannot be extended to
vessels enrolled and licensed.
Another matter, as respects vessels enrolled
and licensed for the coastng trade, is Of suffi
cient importance to claim your attention.
Frequently applications are made by purchas-
ers Of coasting vessels, sold or transferred by
process of law, to have them enrolled and IL !
censed. in consequence Of former owners with
holding the old papers.
The proviso in the act of the Cd Of March, !
1907, obviates any distinction thatuay have been
taken in practice between these and other ves-
sells. and it is conceived that if the old papers
Of such vessels be not surrendered on the change
Of property, the former owner or owners incur
the penalty prescribed in the I5th section of
The act of December 81, 1892, TO be recovered.
with cost Of suit.
1t is proper to add that these instructions
have the appreciation Of the Secretary of the
Treasury.
am, very respectfully, sir,
Your obedient servant
]. N. BARKER, Comptroller