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

y gree fully with the learned Judge that IN,
registered ship is entitled TO carry on the us
: ual fisheries with the pririiegss Of an enroie,
E and licensed American ship under the statuf
\ Of 1893. But at the same time. ] affirm, sh
is an American ship. possessing the highes
and most extensive evidence OF thai character
aud entitled to other privileges and rights o
e vastly more importance than are granted TO en-
! rolled and licensed vessels ofthe United States
= Thus. for instance. should she be short of pro
5 visions or water or should her whaling prov
= disastrous, she could enter any foreign port a
= an American vessel, aud under that character
= obtain her necessary supplies, or alter entirel,
= the original destination Of her voyage. II, 70
her advantage. after procuring a full cargo o
oil, she might dispose Of the same in sucl
foreign port, and return fully freighted or with
merchandise. the product OF her voyage TO thu
United States This could not be done by ar
enrolled aud licensed vessel her license would
be disregarded in foreign port.
The third section Of the act Of 1893 allows
+ the collectors to enroll and license registered
vessels, and to register enrolled and licensed
vessels and the sixth section to use the Ian
guage of the Judge in his decision, treats e.
cry ship and ueSseL not so enrolled and IeenSed
and found ENGAGED IN The trade, as liable to pay
the same fees and tonnage in every part of the
United States, as ships or vessels not belonging
To citizen or citizens Of the United States
And under such circumstances the ship or ves-
sci and its lading becomes liable TO forfeiture" "
This appears to me an egregious error. If the
Judge will refer again to the sixth section Of the
act Of 1893, on which he places the preceding
opinion he will see an express exception To
registered vessels. That section provides that,
- every vessel of twenty tons or upwards, (orH-
ER THAN SUCH As ARE RE6IsTERED) trading be-
7 o,J hatu binayent
places in the same district. or carrying on the
fishery, without being enrolled and licensed, or
if of less than twenty tons, and not less than
! five tons without a license if laden with goods
the growth andmanufacture of the United
States only, distilled spirits only excepted
shall pay the same fees and tonnage in every
port at which she may arrive, as are payable by
vessels not belonging TO citizen OF the United
States and if she have on board any article of
foreign growth or manufacture, or distilled
spirits, other than sea stores, together with her
tackle, apparel and furniture, and lading found
on board, shall be forfeited"
This is the law "A law according to its letter
excepting registered American vessels; refer
ring exclusively to vessels owned by a citizen
of the United States, neither registered, or en-
rolled and licensed, on which Judge Story has
decreed, that an American registered vessel,
found engaged in the coasting trade or the fish
cries, is liable to pay the same fees and tonnage
in any port Of the United States as ships or
vessels not belonging to a citizen or citizens of
the United States; and under circumstances
may be forfeited TO the United States. The
English language has lost its ordinary significa-
ton, or the Judge is wrong in his construction
of the statute.
have endeavored to show by the letter of
the law Of the United States, the learned judge |
was wrong in his decision. Let us, for a mo-
ment, examine il he came within its spirit and
meaning. lie says on any other construction
of the law, than the one he has given, Z" the |
main purpose of the act would be utterly frus- |
trated."
The register is at once the most extensive
and the most expensive ships paper known in
the Custom House. The enrolment and license |
were substituted tor those who wished to use
them, on principles of economy. PrOrtO 1919. |
an enrolled and licensed vessel could only go |
from the port of departure to the port Of desti-
nation in the adjoining State, without clearing |
and entering at the Custom House. Ii in her
voyage, State on the coast inteUened, |
she was then under the necessity both of clear
ing and entering. The District of Maine had
at that time, pending before Congress, a petit |
ton for admission into the Union; and in an
ticipation of the event, the act of I'd March,
1913, ulNlulHS tilt Std COdsls dnu iidNlEdUlt NV
ers of the United States was passed. 1t would |
have been great hardship for the State of
Maine, and very expensive to her commerce,
TO have been compelled to clear and enter all
her licensed vessels bound TO Massachusetts
proper, merely because they passed on the sea
coast the State of New Hampshire, with which
she had very little If any trade. The eco
nomcal object Of the law was then extended,
so as to embrace in the first district the eastern
limits of the United States, and the southern
limits OF the State Of Georgia. The spirit of
the law was the preventing of frauds on the rev.
enue, and the saving OF expense to our COM
merce engaged in the coasting trade aud the
fisheries. Ii did not intend to- nor did il de-
press the character of the register, or elevate
that of the enrolment, but gave pecunidry priv
ileges to the latter, for prudential reasons,
which the former did not possess. BY the term
Fisheries, have no doubt the whale fisheries
carried on prior TO, and in, 1893, were embra-
ced. The fishermen, then, in pursuit of their
gigantic game, had not doubled the Horn, but
confined themselves to the frozen recesses of
Hudson's bav and Davis's straits, sometimes
extending their pursuit to the coast of Africa,
and sometimes cruising on the shores of Bra
zl. The whaling voyages did not exceed in
their duration a year. The three and four
years voyages in the Pacific were then unknown
10 our adventurous mariners. il
An enrolment and license cannot last but
one year, unless by accident or any unforeseen
cause the enrolled vessel happens TO be at sea
at the expiration of the license, in which event ,
i will afford her protection. Can it then be ,
said, that in the spirit of the act Of 1893, ves-
,el sailing avowedly on three years voyage,
$ not national vessel, unless she surrenders ,
ip her register and takes an enrolment and Ii
,ense which terminates with single year Iii
10 consider. that both the letter and spirit of
he several acts of Congress, before referred to- I
ire opposed to the decision. .
With regard to the effect of this decision on !
he public. the learned Judge had nothing to :
10 he is but the promulgator of the law and ,
Is he finds il, so Is he bound TO pronounce il, c
egardess Of consequences. Ii, | am sure, Z
-, ,,.,,.,. ,,.,,h ,.,,tb h., s.,J Of L.. |