New-York tribune., 1870-09-10

have
Had these words OF description been used in the statute
n oua u sps have BEEN no cuy in answering
your question but further, there would from the reading
lion reamrinT an answer Your difficulty arises wholly
from the use in statute Of March 1855 following In
nav desIgnation one nowhere defined IN laws,
w. that OF ''Amereansyesses: ana u pf TINS unde
me nneu deantnn You wish to be Informed what
American vessel" within the meaning OF that statute
c,ens NAV own. a. have before stated ships
sells entitled to registry; and they may lawfully GW
ont registering or enrolling the same Opinion OF Attor
ney,General Cushing, Vol VI, e9l Thus there Is s9ca
the descriptive term American vessel and there -
another postal statute which, n hat s hs Sde eannR bs
given the expression in question an act 70 Provue
ns and Tor other prposes approved March 25 1854
XIII stat, ,36D provides in its nrst section: A..
INIT, s 'ssTs sss sa: i1s n ~. .Ss
% from sn port to T pOTsI port - ssyeS S SS' al ss S "
the Post oGss Department The United states or any apssr & con
So1py deliver the proper Aatohte sog At ss
po .Pd :h. SSIs Be lr such service '''
TePe Is The ty Of carrying mails in certain cir
70 ,sa ezens Of the United states without dis
ncton to the nationality the steamer al ,be Ir Savny
any nationality whatever, or not Indeed ! THINK ~
might well be urged that these words IN their broaaet
exactly expressed the purpose OF Congress- whch
body did not that citlzcns OF the United sates
should ay the performance OF the duty tns np@ea
non their property In either OF two waysthat H. by
tIamsfer OF such property to another nationality or by
declining obtain FOR 1t the s'FSe Te .s snsraisT pSrs. Si
ss sbeionging to citizens Of the United Stat States
seems see act OF FeS 2s 1903 T Stat l. 2oa,
Following this reasoning should consrue this Postal
ci OF 11 as furnishing definition of the 0therwlse
1ndencd phrase used the Postal acts OF 1860 and s65
and should hold that foreign vessel purchased Dy an
American citizen IA mentioned in your hrst question,
thereby became American vessel WITHIN the mean
tlia dcfu
second designation OF vessels used In the Navigation act
OF 1859 ia that OF other Yessels reslduary term ne
cessarly including all not comprehended IN the first
class that H. all not registered or enrolled and en-
istry or enrolment, yet not registered nor
enrolled, nor even transferred 70 -, ano.neI ptI
nct ~ is that OF foreign vessels which term would
NOT include all vessels such as have Just inentoncu 10
term American vessels" would become necessary But
TO this construction OF It's own terms he Oh iU
upon further examination, furnishes contradiction ls
scond section which merely provides for the execution
of its first, closes with the following enactment
case the master or commander shall fail to make oath or ahr
board Vessel soo % e @ ., steamer ys OF OF s United
States" ''''''
This ia the penalty provided for all the steamers and
@ ones that IL is no penalty at all for vessel
otherwise entitled to the privileges OF steamer or
vessel Of the States for steamer or vessel so
entitled but whose owner chooses to foregO those prvi
leges. / cannot, however, reinqush the opinion that
wide as the duty which it enjoins, that its
sanction Is as comprehensive "a its eanlnanu-
ment and accordingly am OF opinion lnat INC & woru :,
privileges OF steamer vessel Of the United states
as used in the second section OF the act OF lo6i wen
known as their meaning is to the laws or the united
states from 1859 downward must be taken to furnish The
true definition and exact meaning the broader
phrase the first section belonging TO ctLehs OF tne
United states; and, toror as defining h the pntn more
vague phrase American vessel "a used In tne f0Sra
act Of March 1865 Accordingly answer your lourtn
| question in the negative.
Two important CONSIDERATIONS confirming this conciu-
sion should be mentioned. III relieves me from giving
such meaning the statute OF the United states as
would allow American vessel to bear foreign nag,
character as of the United States, is not ncon-
sstent with national character as foreign vessel
IL also relieves you and every other oiieer % OF Ine
Government, except those Officers OF the customs
with that duty, from the necessity, in general,
Of determining IN Pgis the fact OF oWhers1p, l up
by American other citizens Of steamers or vessels the
nationality OF which you may be required to know As
have construed the first section Of the act OF 1884, you
belonging to citizens OF the United States" an
American vessel shown so to belong or to be by the
other those records being the only source whence the
United states derive knowledge OF the ownership or
CustOmIIo Of the United states, nor OF o.,
in yoIr first question [ need scarcely add
arc non-descript, and unknown IN tno law
II they leave the ports OF the United states bearing the
United states flag. they will have board papers
provided according to law which would at any moment
nation. Not the authenticated document suggested
by Attorney Cushing witnessing at most merely
American ownership, would in any event constitute such
q paper; and this circumstance has led to refrain
from expressing concurrence with Mr. Cusbings opinion
that such vessels entitled to bear the flag Of the
United states" While it might be true in "a certain
sense, yet hesitate to assent to 1t as truth hay-
ing practical force. doubt the prOpricy OF declaring
a vessel entitled 10 bear the flag OF nation when she
can have board document known To national law
as witnessing that ttle and apprehend, belgerent
upon the and prize courts upon the shore,
would give effect to this doubt No veteran shipmaster
would, apprehend. deem it in conformity with the in
strucOns of his experience, and no able seaman even
would consider good seamansp, to attempt 10 sail
vessel out port OF the United States, least OF all on
transatlantic voyage into the narrow OF Europe,
while "A war raging by sea and land between two
great European Powers, without having board the
proper " ships papers" FROM the Custom-HOuse.
Beyond this examine this subject, 1t becomes to
my mind apparent that the privilege OF bearing
the flag OF the United States thOugh unlimited by direct
statute regulaOnD does not properly belong 10 Amer-
property Of every species merely such but only to
that peculiar species OF American property for which the
Acts OF Congress have provided special method OF Ger
Trying its national character in other words,
that species Of property which American laws
know as ships vessels of the United states"
II in the first twenty years after the adoption OF the
Constitution lOoser practice existed, vessels not regis
tered being furnished by Executive officers, or by the
President, with letters which, in actual usage at
that time served certificates or national protection
that practice brought to end by the legislation OF
1910, in the first year Of Mr.. Madisons administration
and find evidence OF its recommencement under any
Of the fifteen Presidents in Office since that time Very
respectfully. your obedient servant,
THOMAS III. TALBOT. Acting Attorney General