New-York tribune., 1870-09-10
AMERICAN SHIPS.
WHAT VESSELS ARE ENTITLED TO BEAR THE
UNITED STATES FLAG--AN OPINION BY TIE
ACTING ATrORNEY-GENERAL.
The following important opinion has just


Hon Jso A. ]. CREswEII, Postmaster Generdi-sIR;
Your letter Of the e inst 90 tas AHsosnGy sas
eeyed my careful consideration The first OF these qes
E ~ sts Of the United ss. entitled protection Of this
Tor foreign ye vessels which be may purchase o.
citizen foreign power without special a OF congress u'nonns
In considering this question it seems clear to me that
citizen of the United states may lawfully acquire prop
ery in foreign vessel or vesses neaning thereby yes
s built without the limits q the unsa stnie e ye OF
sells OF the United states by the NAVIGATION a%sl VIII
special act Of Congress az autsSzg sqeh %Sgs
subject to that right vessels undoubtedly are though
TeIlaed and protected, II not created by statute On
the other hand both laws and constitutions certainly
those OF this country reconM TINS ngh' hs @ eAs'hs ,h
anterior 70 theE e9aG,e % meme OF ro Tc found in The Con-
stfution or laws of the United states forbiddihg te
TeseIs ON the other hand early statute of the
United States February II, l79J stat az LaIge % SD,
e4fy S ysseS not Of the United states Accordingly
have no hestaon in following the opinion OF Aitoraey
lawful property OF the citizens purchasing TIE same
Opinions Vol VIZ e The right oi ane t et1eh nrn1sct 70
extending in general alike to all and every species OF
property Of s citizens, have no hesitation III gs
once foreign and now owned by citizens Of the United
states. are the words OF your question ,S 70 apS as
protection here being used IN s pruy%e m % See, re- a r
sgnyng protection from OF Irony ny thc
SnsS sn of @ Gans Sf before may
lows and in that form has my entire concurrence:
Upon consideration therefore Of al the relations o. We f
there doub, mind as to the right Of e'eo o. as
United States to purchase foreign snip e,. the sHG pIesdn Of The
I3aiS Gni,S SssS.s' Si.iss'" 1vot Vi, ssa)
The second question: namely
Customs Soa oi P the Une States evidence obhsasa
othe protect vessels acquired by aatin oil 'ne
Ianswer without hesitation with conplete negative
TIE Customs officers are not, by law authorized 70 s1e
any paper or certificate n evidence of the duty or ob
cation Of the Government to protect any Vessels 90 a
1ured by citizen of the United States. These 0iccrs
fodh hv,sf
with powers raised by statutes and In no other way anu
among G az tbe ef nted sses cannot find the duty
issue such paper as IA the subject OF your Inlug.
and customs officers Ia not to certify or in any way to
create evidence OF the obligation OF the Goyerhmen "
protect any property OF Its citizens Their duties are
primarily 10 attend to the collection OF the revenue ana
the same Limitation which prevents the Navigation laws
from making vessels in question other than American
vessels in any respect for the purposes OF the Gus
tom house and OF the Navigation acts dsaDes the Gus
these respects not of the Customs Navigation laws
The third question addressed to the Attotney-Generai
is follows: 80 ,,,, J.,
80 the President the scrr,r Of The Treasury ahO1e1 & Ito to
special certificate national protect so 70 give
ofihe United ststes r.
answer with reference to the President and Secretary
ence to the customs officers Neither the laws nor the
Constitution OF the United States has conferred upon
either of these officers the authority TO issue the docu
ment in question: and there Is no other source OF sch
authority. The opinion upon this matter oi preceding
Attorney General whom have already quoted, the Hon
Caleb Cushing OF justly high repute Tor MS earning ana
deerenai consideration. See opinions, vol vii, p oi
After citing authority to the point that +.
recognized 6 Law Of nations and the ownership must be decided
he proceeds from this undisputed premise to further
statement as follows: - - ,,, -,
and mse ss GUes5Sf o Of ST e hin ss lie on %
% 5s % o.Ss4 sG ns these facts tu, without
fling The tet Of UTo & sf % hst the owner /. citizen Of she
United States And ci thus authenticated will
@ s 5t1 oa S !. eHt to protection property citizen
That Collector of Customs can lawfully execute the
legal fOrmailies here specified with reference to Tor
egn vessel purchased ~ 3y ezeh OF to 10
without special act OF an ua'c r 10 i a.
tain from the laws OF the United states TheSe laws 90
h of sale of Vessel any part OF any vessel OF the
United states to be recorded in the office Of the
or enrolled" tAct of July 2o 1850; TX STAT ls0; act
Of Dec @ seS a. statute, s she shall cease to he
deemed a ship vessel Of the United states brother
vessels than those of the United etatesIthat S G YES
toms has lawful authority To record the Dl O
lands living outside OF his County other limits OF the
extent of his authority as Register The authority OF lne
rover scope It confined . specific class OF ships
vessels built in the United states aiteI tne loth day f
STAT 2g6) Furthermore remark III passing, the legal
ntendment and effect OF the various certificates set forth
by the Hon. Mr. Gushing III the above extract IN my
opinion, are that of certificate Of ownership by an
American citizen and in that view will call for notice
later in this opinion. Accordingly, dissent IRON the
concluslo OF law which the editor Of this opinion has
Inferred rom these premises flor the opinion Itself sets
forth no such conclusion) to this effect.
icrelry the rery regulate in such the auhen
n Of the bill Of sale which the highest evidence OF the change OF
II seems clear to me that in this opinion Attorney
General Gushing felt himself at liberty to speak OF u-
official acts not forbidden by law. Your question: how
ever, leaves such scope u my reply You ask :" Is
te President Secretary Of the Treasuary authorized
BY the words " President and " Secretary" under
stand you to refer to each officer to what each may
do officially by virtue of his office and by the word
" authorized" suppose You mean 'auth0rZedDy law
Thus understanding your question that neither
hy law NJ dDeu-
ment mentioned in your question, and the giving
of such a document would not he an oihclal
legal validity. The analogy between property Of this
class and other kinds Of property, which have avaied
myself Of in answering your rst question in the arma
tive holds good in the respect now under consideration
right outside the navigation laws it is entitled to
the munmens OF American protection such as those
or vessels Of the United states which the laws provide
with special certificates Of national character but like
special provision is made. Accordingly, see no more
proprety In calling upon the President or the secretary
lection TO foreign vessel purchased by citizen oi the
United states than in calling upon either OF those officers
TO issue like certificate TO american Pfoperty OF any
other description whatever that may he peculiarly ex-
posed to injury abroad for nSre hatve Sr
Atlantic TO take part in the English or French races
guage Of Mr. Cushing, when he speaks, in an earlier
opinion already cited, Of vessed thus acquired "a
rights Of any pTopertS Of an American Vol VI p
6i9 This conclusion is also in complete harmony with
the conclusion OF that earlier opinion OF Mr Gushing
VOL y. $3.50, as follows:
question Eha particular documents shall be ruei
Department built ship lawfully
Of the United the absence Of special
legislation subject proper for the eonaTaton
for the Executive and Of Congress"
That is Of the making power. Congress might un.
doubtedy authorize the issuing OF such papers but as
the date of Mr. Cushings opinion us54), 30 n II
has conferred the authority IN ques-
ton the present Congress- whose special attention
by the Executive called to this subject declined To
leglslate in that direction. Moreover the navigation
laws laws merely Of Inclusion but OF exclusion
also and having prescribed certain privileges for ships
vessels OF the United States, in opinion their IN
to exclude therefr0m all other ships or vessels
and later when found necessary To REINFORCE this
futau dt,an Tho ct NJ r. WAS