Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-06-01
NO 12e.

WASHINGTON, MAY "a, 1871.


Mr. T. unfar Era,,nh si:y.L..:,,ss L.
written a letter to W;n;star W. sIl,,,r,,
making the fojlow;,, - nrnnos;.;,a
"Am r;obt IN sov;nn q fora;o,,, ,asso,
can be bonobt hv on 7n,ar;oa6 c;t;,oy,
and when Sc ownad hv h;n, cor,naand-
ed by an American citizen and ,nan.
ned by an American crew the nr;v;lac.
of trading under the nrotect;on of the
American fac can ha nrocnrod eor ba. .
She is only boweyar oIpo,ws.a -, t,,ada 49,. L. !,
FOREIGN waters ha;nr axcind a.,fro,,, = e,,.,r-
ing American norts when 80 bro., oh, oh. un.s unJar
American colors p,, ~ - .A
The nronos;t;on bae heo,, srbr,;.t.a h1
Minister Wasbburne to the Secra,srv of
the Treasury for decision. and Mr. Rontweli
has replied as follows The 90 ,,ronosed
by Huffer embraces snhstant;aI,pp l p'foI tbe fo,.
lowing questions. 'Ao A''
1st, Can a FOREIGN vessel he nu,cbo cod
by a citizen of the United Statesp
I'd, Can such vessel so nurcbasad and
while owned. officered and manned hv
citizens of the United States acnnire the
privilege of trading under the nrotect;on
of the flag of the United States 5
Sd. Can sncb nr;v;leoa no axero;sod i,
foreign waters
Mr. Hutfer's note om;ts to Indicate
whether these opest;ops yaro ;ntardad hu
him to applv to the r;ohts nndar ;nterna,
tional comitv in a t3ma IF ,,aaca -. -
rights acquired bv nnrcbssers nnder ths
laws of the JTn;tad Statos ,yhatha, ,,..,.uaI.
or otherwise In renIv ~ The f;rst c,,oss;on
| have to observe that the nas;nnal r;rht
to acouire nropertv hv nnrcha ! 90 has hean
held bv hioh anthoritv tp he nnaffectad so
far as neutrals are concerned nv ths rcere
fact that a state of war EXISTS befween two
or more belligerent powers from the c;t;.
zeps or subjects Of which the n,,rchase ia
made SucH riubt ia snhiect bnwever n
the restrictions imnosed NV intarnat;onal
law. bv treaty. or by the bellioerent pow.
ers respectively. as to the pronerty Of their
own citizens or subjects dnrinO the erist-
ence of such war. This -principle Is
stated by one of the former Attorney Cen.
erals of the United States as follows
The state of war interrupts no contract of
purchase or sale or transnortat;on "a he
tween neutrals and belljgerenis. q exeept in
articles contraband of war ION &. 6471
The second Question relates to the no.
tionality of the vessel under the c;rcum.
stances stated. and necessar;,v emhracas
the query-How is such nationality to he
established? Ordinarily the nationality of
sea-poinp vessels of the United Sta,es is
shown bv the possession of a register en-
rolment or license. but neither of these
documents can he issued TO a vessel of the
class under Consideration. II had been
the practice, however. from an early
period, in the history of the United States
up to the wear 1855. for Collectors of Cus-
toms to furnish to American owners of for.
eign-built vessels. on due proof of citizen
ship and of ownership. a certificate of
property. so-called by which the facts of
such citizenship and ownership were for
maliy recognized and authenticated. In
common with sea letters and other docu-
ments verifying proprietary interest thew
stood principally upon provision of treat
les or the General law of nations TAhbott
on Shipping. paoe 347). and were oiven
| by officers Of the custons under = snp-
nosed general mower To certify any fact
made to appear to them in Relation to
ships and merchandise. and were practi-
calIv regarded as eoniyalent to q sea letter
q Johns p, 54S.)
These certificates were in use as early
of this department by circulars dated re-
1921. But in October. 1855. the Attorney
Nenefal, III reply TO the QueStlOn, :" w nat
documents should be given to vessels p"
communicated to the secretary of the
Treasury certain views which led to "A
modification of the form of certificate then
in use. (Op. 7, 53S.) This modification
consisted in certifying, not the fact of own
ership, as before, but that the evidence of
that fact had been examined and recorded
in the office OF the Collector The form OF
the certificate, thus modified, was embod-
led in the general regulations Of the de-
partment issued in 1857. Article 76 has
been in use ever since, and is retained in
the revised regulat ons promulgated Janu-
AIRY 80, 1869, part first, article 70. 1t con-
stliutes pr1ma tacte evidence OF owner
ship, ana as such' indicates the nationali-
ty OF the vessel out Is not conclusive any
more than Is register, enrolment OF IL
cense, all OF whch are documents rest
lnS upon local or municipal' as aisun-
guished from general or internatlonal cIs law;
II the purchase DC made oona pue, anu
the properly De passed apsoiuteiy Wunout