The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-24

structiohs there is nothing to contradict what we
stated in our issue of the 18th instant to be the law
relating to the registration of vessels the Govern
ment has arrived at different conclusions practi-
caily, from those which we then thought were
alone deducible from the legal propositions
we advanced We are puzzled still to
know by what authority the protection Of
the UNITED STATES is to be lawfully extended
to foreign built vessels, which may be simply
transferred TO our citizens. 1t is clear, and is ad-
mtted so 10 be, in the foregoing General Regua-
ions, that "no register, enrolment, license or
'other marine document prescribed by the
flaws of the UNITED STATES can be lawfully
ISSUED to such vessels.' 1t is equally indis-
putabe that the Act of 1892 declares, that vessels
registered as therein prescribed, and ''no other
'shall be denominated and deemed ships or vessels
''of the UNITED STATES, entitled 10 the benefits
'and privileges appertaning to such ships or
vessels" Foreign built ships not being within
the purvew of this Act, it is difficult to see how
without some special provision, they can be 'tenti-
tiled to receive the same protection as s'any
''other property of citizen" The protection
extended to vessel thousand miles beyond our
own territorial limits and even when within
foreign jurisdiction, is the chief ''beneft and
privilege appertaining'' to it, and such benefit
land privilege" attaches only because of the
national character with which the vessel
becomes clothed when registered in conformity
with the laws. The Acts which make provision
for such registration, exclude foreign built ships
from their operation and it seems TO US clear that
they are debarred those rights which our ships
obtain solely by virtue of being registered. This
is the effect of the Act of 1892, and such was
the intention of those who passed it, and of those
who subsequently legislated upon the subject. 1t
was at one time the practice of the Government
to grant Certificates of ownership" (such, in eff
feet, as Mr.. CAss now proposes to recognize) to
the purchasers of vessels built abroad, though, as
Judge STORY says, it is difficult to ascertain the
origin of such usage. These were given by the
Custom House officers in virtue of the general
''power they had to certify any fact.' An Act
passed in 1910, however, put an end to this sys-
| TEN, and provided that ''no sea letter or other
document certifying or proving any ship or vessel
'to be property offs citizen of the UNITED STATES
'shal be in future issued, except to vessels duly
Registered, enrolled and licensed as ships of the
Omitted States, and those belonging wholly to
''citizens prior to June 30th, 1870" How Mr.
CAss can ignore this positive enactment, we are al
loss to imagine. Professor PARSONS in his work on
Mercantile Law says after full consideration oil
the whole subject "a ship that is neither registered
'nor licensed and enrolled, cannot sail on the voy.
Gage with the privilege protection of national
character or national papers," We have shown
enough we think, to justify us in expressing our
surprise at Mr. CAss' doctrine, particularly when
we remember that the Acts of Congress which have
been passed to regulate our commerce, have in
variably sought to prevent foreign ships from be.
ing in any particular placed on an equal footing
with those of home construction. But even sup
posing these questions to be at all doubtful, il
would seem particularly inadvsabe to choose such
moment as the present for insisting upon the
views contended for by Government At this
juncture, merchants are apparently about to
profit by the disturbances in Europe which may
cause the withdrawal of many foreign ships
| from competition with those of our own coun-
try, and the nations of the Old World which
are possessed of great navies, will be most
certain to come into collision with us on these
American is to enttle her to protection, and the
Collectors to determine the validity of such
sale, the result will assuredly be that the commerce
of all beligerent powers at least of those whose
navies are insufficient to protect them will be sail
ing under our flag. Many transfers will take
place, that are ostensibly Legitimate, but which in
reality are only mortgages or fictitious sales In
this way we will be made to protect the shipping
of other people, to our own risk, and to the
detriment of our own merchants. iii is desirable
that our ship owners should be permitted to buy
ships built abroad, is it not better to wait until
Congress can pass laws to regulate the necessary
assignments, and thereby give full notice to
the world of the American law on the subject :?
1t cannot, we think, be but il-judged, to say the
least of it, to undertake in the loose manner sug-
geSted by Government, to stretch doubtful
doctrine to an extreme which will be injurious
to our own ship owners, and which at this time
will inevitably lead to disputes, if not to open
war;