Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-07-01


of an American consul Both agree in certifying the
nationality OF the vessel find nothing in the acts
of Congress which requires the consul TO authenticate
such instrument or to issue 1t His duties pre-
scribed by instructions from the State Department But
by another act Of Congress of the ID March, 1909 mot
the act Of the same date just referred to- it provided in
the third section:
That when any ship or vessel which has been or shall be
regst red pursuant to any law of the United States SHALL
whilst such ship vessel Is without the United States be
sSa or in whole in part citizen citizens
OF tue sara states such ship vessel her first arrival in
the United States thereafter shall to the priv
eges and benefits Of ship vessel of the United
The time allowed for obtaining the new registry is
Withn three days from the time at which her master
&C. IS required to make his final report upon her first
arrival agreeably to the act Of I'd March, l799 This
act does not repeal the provision in the former aot of
l52 requiring the instrument in nature of bill of sale
the transfer Of American vessel in FOREIGN mort
and it carefully abstains from fixing any period for the
return of vessel so transferred abroad to the United
States for new registry.
The consequence has been that vessels sold for slayes
abroad have always been provided with these
in writing called sealeters though they are in reality
nothing more than bills Of sale recitiDg the old registry
which proved them to be American vessels With this
they have sailed for the coast of Africa and by ii thew
have been protected against all foreign cruisers
The abuse Of our flag by these means has been much
complained Of by consuls abroad in their correspond
ence with the Department Of State In November 1916
Mr. Parks then Consul at Rio de Janeiro requested the
Presidents instructions the construction of the acts
of Congress- and particularly whether vessel SO sold in
- -~'~N--~ Ao.AAS 40 -
registry before she could make voyage the coast
Of Africa with this instrument sometimes called as
have before stated seaetter The Secretary of State
having consulted the Secretary Of the Treasury as well
rs the President replied to him in despatch dated May
20, 1S47 of which hold copy in my hand that they
clearly Of opinion that vessel under such cir
cumstances is not obliged to return to the United States
for new register"
Speaking of the act of 1892 the Secretary then sad
This act passed in the infancy Of the Federal
ernmen and does contemplated the sale of
American vessels beyond of
when such sales were made in foreign country ii weud
therefore have been reasonable provisions
require the vessel the United States new
registry with the least practicable delay Between the years
1892 and 1903 however there had great expansion
Powers Of Europe arising out Of the French revolution
had become in considerable degree, the carriers for the
whole world Congress- under these circumstances deemed
it necessary to provide expressly for the sale of American
vessels to American citizens in all foreign Countries
This the Secretary said they had done by the third
section Of the act Of ls03 which have read and he
then added
"congress had the whole subject before them at the time
Of the passage of this act Had they intended that the vessel
shord return home Immediately for register they would
undoubtedly have expressed this intention So far this
being the their language Is indefinite in point of time
does not require the vessel to return immediately after the
sale but at Whatever time she may return 1t recognises
her right to all the privileges and benefits Of American
vessel"
He then proceeded to say that different construction
Of thsact would prove extremely injurious to American
citizens in prosecuting carrying trade between for
eign nations, object always much cherished by the
policy Of the United States and would be detrimental to
shipbuildng interest. An American citizen could
not then purchase American vessel in China the
Sandwich Islands to prosecute lawful voyage from
thence to any foreign country; and American ship
builder could not send his vessels abroad with any hope
of selling them to American citizens beyond the limits of
the United States. Besides, such construction Of the
act would be contrary to the settled practice at the Tea
sury Department. And he finally concluded that the
bill SALE properly authenticated and recitng at length
the certificate of registry becomes the substitute board
the ressel for that certificate, until her first arrival in the
United States Gaeyeafier.'
In the decision thus made by the President, with the
advice and of the Secretary of State and the
Secretary of the Treasury in lS47 succeeding Admins
raons of this Government have fully acquiesced and it
may be considered the settled law Of the United
States Viewing such, and desiring prevent the
evils Of the slave trade, President Taylor in his annual
message Of the 4h of December $780, thus pressed the
subject on the consideration Of Congress:
"Your attention is earnestly invited amendment Of
existing laws relating to the African slave trade with
view TO the Of that barbarous traffic. It
means of vessels built in the United States and
navgatcd by of citizens The correspondence
tween the Department Of State and the Minister and
Of the United States Rio de Janeiro which has
time been laid before Congress- represents that it
omay device to evade the penalties Of our laws by Of
sea-lettsrs.
'Vesses sold in Brazil when provided with such papers
by the consul instead Of returning to the United States for
register, proceed the of Africa the
purpose of obtaining of slaves. Much additional
formation Of the character has recently ansmt-
the Department State 1t has not been considered
the policy of laws to subject American citizen who ia
foreign country purchases vessel built in the United States
the Inconvenience of sending home for register be-
fore proceeding on voyage Any alteration OF the laws
which might have tendency to impede the free transfer Of
property in vessels between citizens the navga.
ton of those between different parts the world
when employed in lawful commerce. should be well and eau
tously considered but trust that your wisdom will devise
method by which general policy in this respect may be
preserved and the time the abuse of flag by
means OF sea-lstters in the indicated may be
prevented" .
Had the suggestion thus made been followed by act
Congress- in the spirit Of the message the expectation
than hundred thousand slaves would probably
have been prevented But Congress- engrossed by the
political struggles of 1850, made attempt adopt the
1t is the object Of the bill hold in my
hand adopt it 1t will obstruct the transfer
of American vessels in foreign port for the purposes of
lawful commerce, but viii prevent the abuse Of flag
by means Of these sea-letters in future.
In this connexion suffer say that the committee
do believe that the African slave trade will be
by the operation Of the 9th article Of the treaty Of
the 9th Of August S4 called the Webster and Ashburton
treaty which about Of whole naval force
afoat has been employed, the African coast at
nual cost Of about Ss0000 having captured only twelve
savers in twelve years. portion of that squadron might
always be advanageousY Kept that coast to protect
our commerce and put down piracy. But the greater
part of all disposabe force for the suppression of the
slave trade should be employed in the Spanish West In
dies aud it should not consist merely Of heavy
fgases soops of war; but chiefly of small steam pro-
pellers of light draft mounting heavy gun pivot
and with enough to enable them to carry prate
boarding. We should faithfully fulfil the stpulatopin
the Treaty Ghent by always using best
pnote the desirable object Of the entire abolition OF
this barbarous traffic and suitable measure 70 e.,
that great u,jves, -anagt this " Di
for the more eectual suppression OF the African slave
-. -. h,t1t ! 5.