The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-05-13

Circular Instructions % Collectors and
other O1ncers Of tho Customs.
Tr1AeurY DsrAsrmrnr. Nov !


other Omcers Of the Customs.
TssAsusY DsrAHrMsNr. May 10, 1851.
The existing laws Of the United States require
that all vessels, whether American or foreign, COM
ing from foreign port, and bound 10 port Of the
United States, shall, upon arriving within FUR
leagues of the coast thereof, within the limits Of
any collection district, produce to the proper OIL
Ger Of the revenue who may first board any such
vessel, full msnifest Of the cargo on board. de-
failing all the items thereof the port ports where
the same may have been shipped, the names Of the
consgnees thereof, and the different ports, II moro
than one, where the Same il consigned or intended
TO be entered. The Department, however, has
cerained that the execution Of the sautary provi-
sion Of the law on this subject has, in latter years.
been in mAny ports greatly relaxed or entirely
neglected, and that masters Of vessels are con-
stantly permitted to make out and deliver THAR
manifests after they have actnally arrived At their
port of entry.
The obvious protection to tkp rsvenns which this
provision Of law intended n aAbrd Il thus
greatly lessened and, in the cases 6f vessels hound
to inland ports, great facilities are thus afforded
for illegally landing portions of their cargo while
passing up the great estuares rivers of the coun
try, which portion thus landed. under tho present
practice of making out their manifesto after reach
ing their port Of entry. they can omit to report.
but which otherwise would have to be accounted
for II the return Of it had been included upon man.
ifest delivered agreeably to law on their first en-
tering the waters OF the United States.
Independent, however, Of theso circumstances,
and OF the manifest necessity of throwing around
the collection of the revenue all the guards against
fraud which the law has provided and enioinsd, the
Department cannot, in faithful discharge of it,
duties, allow explicit provision of tho law to be
relaxed, and still less to fall into disuse and the
collectors of the customs, the commanders of the
revenue vessels, and all the boarding officers in the
revenue service therefore required to carry the
same into effect in future. The commanders Of the
revenue cutters instructed to board all vessels
from foreign ports arriving within the limits before
referred to, and to demand and retain one copy of
their manifest, to be forwarded to the collector of
the port to which said vessels may respectively be
bound, and to make, provided by law the needful
endorsement on another copy, to remain on board
the vessel thus boarded; and if the masters Of any
such vessel should not have their manifesto read for
delivery, the officer practicable, and not attend
edwith too great delay and should re-
main on board until such manifess can BIO prepared
and delivered to him. In all cases where the mas
tiers of such vessels from foreign port have no
manifests Of their cargo ready for delivery when
thus boarded, or who shall neglect refuse to de-
liver them when demanded by such boarding OIL
GER the latter IL instructed to report the the
collector Of the port to which such vessel may be
bound; and said collector will, prior to enforcing
the penalty prescribed by law, make report to the
Department, accompanied by an affidavit of the
master of the vessel setting forth the for ne
gecting to comply with the law and regulations.
together with any extenuat:ng facts or circum.
sinvolved in the case, for the consideration
and action Of the Department. The commanders
of the cutters and the boarding officers are further
instructed TO Transmit, direct to this Department,
monthly abstracts Of alLvessels thus boarded and
reported to the collectors. d
Although the Department il precluded from sus-
pending or emitting to enforce the provisions of
the law on this subject, yet, for the reasons before
stated, and until proper notification of these in
structions can be given, it WILL in the exercise of
the renting power vested in it by law, extend
such leniency and indulgence the pee uliar cir
cumstances of the cases respectively may admit Of
without hazarding the interests of the public reve
nue. But whatever leniency it may thus exercise
in such cases, in consequence Of the erroneous
practice which has existed for such length Of
time in not properly enforcing the law on this sub
ject. the penalty will be rigidly enforced in all
cases where the masters Of vessels were aware of
the change in that respect and Of the existence of
the present circular, previous TO their leaving
foreign port for the United States.
The consas and commercial agents of the United
States abroad will be requested to take proper mea
sures to give publicity to these regulations for the
government of masters and owners of foreign yes
sells bound to the United States.
r. # VIM. L. HODGE,
Acting Secretary of the Treasury.