The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-26
AMERICAN REGISTERS FOR FOREIGN BUILT
VESSELS,

Tho Rights Of Americas Bought Vessels to
American Reaister and Protectien Co.'S
coded-Dinlculrics Attending the Coastins
Trade.
WASHINGTON, May "a 1871.
Mr.. L. Huffer, q French shipbuder. mas written q
letter to Minister Washburne making the following
proposition
bought by an American citizen, and when so owned
BY him, commanded by an American citizen and
manned BY an American crew, the privilege Of trad
ing under the protection Of the American nag be
procured for herr She Is only, however, allowed to
trade In foreign waters. being excluded from enter
Ing American ports when 50 brought under Amer
The proposition has been submitted by Minister
washburne to the Secretary OF the Treasury for de.
cslon, and Mr. Boutwell, has replied as folows:-The
case proposed by Huffer embraces substantially the
EnstaCan foreign vessel be purchased by citi-
owned, onicered and manned by citizens OF the
United states acquire the privilege OF trading under
the protection OF the nag Of the United S!atess
1ntrd-Can such privilege be exercised In foreign
watersS
Mr.. Huner's note omits to indicate whether these
rights Of neutras IN the time OF or TO rights
der International comfy In q time OF peace or to
the United states, whether neutrals or otherwise.
IA reply to the nrst question have to observe that
s rn q s oy
lar as neutraS are concerned BY the fact that
state Of war exists between two more belliger-
ent Powers from the citizens or subjects OF one OF
IS aDo e z mad saSn right m
By the belligerent Powers respectively. as TO
the property OF their own citizens or subjects dur
stated by one Of the former Attorney Generals Of the
United States as follows:-The state OF war inter-
rupts no contract Of purchase sale transporta
tion as between neutrals and beligerents except
In articles contraband OF war. Top. ., 647l.
The second question relates to the nationality Of
the vessel under the circumstances stated. and
necessarily embraces the query-How Is such ma
tonality 10 be establisheds Ordinarily the nation
shown By The possession Of register Enrolment oT
license, but neither OF these documents can be
issued TO vessel Of the class under consideration
1t had been the practice, however, from an
early period in the history OF the United
States up to the year 1885, for Collectors OF Customs
sells, on due proof OF citizenship and OF ownership
acertcate Of property so-caled BY which the facts
recoSnzed ana authencated IN Common With ses
letters and other documents verifying proprietary
interest they stood principally upon provisions or
treaties or the general law OF natiens abbott on
Shipping page 347), and were given by officers OF
the customs under supposed general power to Ger.
ships and merchandise, and were practically re-
garded as equivalent to letter r. Johns p 548
ceived the formal sanction Of thus department By cir
cuars dated respectively February IS, 1915 and July
81, 1921. But in October 1855, the Attorney General
given to vesselsr 20 communicated to the Secretary
OF the Treasury certain views which led to modif-
cation OF the form OF certincae then in use COP. Z
63S.l THIS modification consisted IN certifying not
the fact Of ownership, a. before, but that evi.
dence Of that TACT had been examined and recorded
In the ONCE OF the Collector The form OF the certf
hcate, thus mOdifed, wassembOdied In the general
regulations l,S On Of the Department issued in 1851
retained in the revised regulations promui-
gated January 80, 1869, part first, article 90.
1t constitutes p,'i'na Jdcte evidence OF own
ershlp, and as such indicates The nationality
OF the vessel, but Is not conclusive any more
than Is register enrolment or license all OF which
are documents roe2ssS1 upon local or municipal, as
distinguished from ee1eral or International law. II
the purchase be made bona nae, end the property
be passed absolutely and without reserve. the ship
so purchased becomes entitled to bear the nag and
receive the protection OF the Unltl States. (Up. g.
then be established by acsaal proof, not by pre-
sumpuve evidence, the on N1racter which can be
claimed for the certificates mere referred to. The
right to engage In trade In foreign waters Is one
laws OF tho countries within whose Jurisdiction
such waters are embraced. According to the
authority before quoted neutral commerce
whether of ships or other things except in
Is just as free in war as In peace (0p O. 647.) 10
the fourth question reply thai such vessel arrive
In port OF the United states from a foreign port
laden with merchandise she will be subject, with her
she will be subject to an alien tonnage tax OF one
dollar per ton in addition TO the tonnage duty I'M
posed on registered vessel In like circumstances
Ii such vessel engages IN the coasting trade and
United states only, distilled spirits excepted from
port 10 another, sail In ballast she liable to
pay the fees prescribed by law on vessels belong
ing TO the United states and an alien tonnage duty,
and II she carry goods OF foreign Production or dis
titled Spirits she Is liable, with her cargo to for