Notification of cer

stroyed.

97. The citizenship or naturalization of masters of vessels should be stated in their oaths or affirmations taken previously to granting Certificates of Registry, Record, Enrolment, or Licenses for their vessels, &c.: C's cir. 28th December, 1793; V. 1, pp. 78, 79, 81.

98. The name of every vessel, and of the port to which she belongs, must be painted on her stern, in white letters, which shall be three inches or more in length, on a black ground: C's cir. 28th December, 1793; V. 1, p. 64.

99. (The requirement, by the 3d section of the Registry act of the 31st December, 1792, "that the names of American vessels, and the ports to which they belong, shall be painted on their stern, in white letters on a black ground," is not complied with in some districts: C's cir. 14th March, 1800; V. 1, p. 193.)

100. The certificate of the master builder, according to form prescribed, as pre-requisite to obtaining a Registry, &c., may be sufficient to authorize a new vessel to be removed, in ballast only, from the district in which she was built, to a district in the same or an adjoining State where the owner or owners actually reside, there to be Registered or Enrolled, &c.: C's cir. 28th December, 1793; V. 1, p. 65.

101. A Certificate of Registry, [for the form of which see act 31st December, 1792, sec. 9,] is issued in the behalf of a vessel wholly owned by a citizen or citizens of the United States, and usually employed in foreign trade: C's cir. 28th December, 1793; V. 1, p. 63.

102. A Certificate of Registry is permanent, if the vessel belongs to the Port or District where the Certificate is issued; but the Certificate is temporary, if the vessel does not belong to the District or Port where it is issued-and the distinction is to be made by an endorsement on the Certificate "Permanent," or "Temporary," as the case may be: C's cir. 28th December, 1793; V. 1, pp. 66, 68.

103. Certain rules and regulations are prescribed for issuing Certificates of Registry, &c., and for surrendering and cancelling the same when vacated or rendered void: C's cir. 28th December, 1793; V. 1, pp. 66, 67.

104. When a Certificate of Registry is lost, mislaid, or destroyed, if the vessel be, or artificates lost or de- rives in a District not her own, a formal notice of the fact, on legal proof thereof, shall be given by the Collector of such District, to the Collector of the District to which the vessel belongs: C's cir. 28th December, 1793; V. 1, pp. 67, 85.

[Same subject.]

Certificates of Registry, &c., may be interchanged, &c.—

105. (Previous to the above instruction, notifications were promulgated by the Comptroller, [from time to time, on information received,] of sundry instances of Certificates of Registry being lost, mislaid, or destroyed: C's cirs. 22d July, 15th August, and 20th Decem ber, 1793; V. 1, pp. 51, 55, 57, 59.)

106. A Certificate of Registry may, at the option of the owners of a vessel, be substituted by a Certificate of Enrolment and License, on surrendering the Registry, and otherwise conforming to the requirements of law; and the same interchange may be made, of a Certificate of Enrolment and License, &c., for a Registry: C's cir. 28th Dec., 1793; V. 1, pp. 67, 85.

107. A Certificate of Registry may be granted to an American vessel upon her having been captured by a foreign vessel, condemned, sold, and purchased by a citizen of the United States; (9) other requisites of the law being complied with: C's cir. 14th August, 1794; V. 1, p. 115.

108. (The Bill of Sale of a vessel is required to be exhibited to the Collector, as evidence of the change of ownership of a vessel: C's cir. 20th October, 1832; V. 3, p. 245.)

may be granted to

American vessel for

feited and sold abroad, if bought by Americans.

Bill of sale required, on change of ownership.

(9.) A body of circular instructions, addressed by the Secretary of State to Consuls and Vice Consuls of the United States, from 1800 to 1815, inclusive, incorporates the following memorandum of decisions or constructions of law, as part of the circular of the Secretary of State dated the 1st October, 1803, in which he, the Secretary of State, says, "I avail myself of this occasion to transmit the annexed remarks, made by the Comptroller of the Treasury, respecting sales of American registered vessels, as they may be affected by the laws of the Union, and the construction placed upon them [the laws relating thereto] by the officers of the Treasury Department." Though these “remarks,” and the “construction" placed upon the said laws by the Comptroller be matter of more than sufficient importance to constitute a circular from the Treasury Department to officers of the customs, they have never been issued in that form, it being probably deemed sufficient that they should constitute a part of the instructions of the Department of State to our consular agents abroad. Yet, having been communicated as a public document to the Department of State, the principles and construction of law thus promulgated would be acted upon in the Treasury Department as imperatively as if they had been issued in due form of circular by the Comptroller or the Secretary of the Treasury. This is one of the rare instances that have come under my observation, in which the head of a Department, in giving instructions to his own officers proper, has consulted the supervising officer or head of another Department in regard to the construction of laws that require the reciprocal action of officers of such different Departments in their execution; or in which the officer so consulted has relied upon the instructions of the consulting officer transmitted to his under officers, embodying for their information and government the views of the officer consulted, to effect the reciprocal excution of such laws by his under officers. The consultation of the Comptroller by the Secretary of State was both courteous and proper, as was the communication of the Comptroller in reply; but the omission of the Comptroller to make the matter of his remarks to the Secretary of State for the government of Consuls, a subject of corresponding circular instructions to Collectors of the Customs for their government in the execution of their reciprocal duties in relation to the registry of the said description of vessels, and informing them that the like instructions had been given by the Department of State to Consuls, that their respective acts therein might receive their proper credence with each other, was an omission calculated to produce embarrassment with the officers of the customs. But the usage which for the most part prevails in such cases, as will be observable in abundance of instances in this volume, is not only for each Department to instruct his own officers without consulting the other, but even to instruct the officers amenable to the other Department concerned in the reciprocal execution of a law, without his consultation or advisement therein-which has necessarily resulted in some degree of confusion, if not occasional cross purposes. And it has become the more important to preserve these Remarks here, as the subsequent summary instructions of the Department of State, as given in the Appendix, superseding all preceding ones, do not include them. The "remarks" or constructions of law" above alluded to, were thus brought to the observance of our Consuls abroad, to wit:

"Circular to Consuls and Vice Consuls of the United States.

"DEPARTMENT OF STATE, Öctober 1, 1803. "SIR: I avail myself of the present occasion to transmit to you the annexed remarks made by the Comptroller of the Treasury, respecting sales of American registered vessels, as they may be affected by the laws of the Union, and the construction placed upon them by the officers of the Treasury Department," &c., &c.

"Treasury Department, Comptroller's Office, September 10, 1803.

"1. Vessels of the United States which have been registered as the law directs, may be purchased by an American citizen residing in a foreign country, if such citizen be in the capacity of a consul of the United States, or an agent for, and partner in, some house of trade or co-partnership, consisting of citizens of the United States; and they will still retain their American character. This is specially provided by the act of 31st December, 1792.

"2. Such vessels may be purchased by persons residing in a foreign country, duly authorized by citizens resident in the United States to purchase for them, without losing their American character.

"3. Such vessels cannot be purchased and owned by citizens of the United States who may be temporarily resident or itinerant in a foreign country, without forfeiting their American character, unless such person be an agent for, or partner in, some house of trade, &c., as specified in the third section of the act of 31st December, 1792.

"4. Under the act of the last session, chapter 71, a vessel of the United States, which has been registered according to law, may be sold in a foreign country to a citizen of the United States without forfeiting her American character, if, on her first arrival in the United States thereafter, her owner shall comply with the requisites, and obtain a new certificate of registry in the manner provided by that act.

"Although the words of the act last recited are general, any ship or vessel, it has been deemed, in its true construction, to embrace only such vessels as being registered at the time when they last departed from the United States, and whose registers having been vacated whilst

Invalid Registers entitled to relief, if not the effect of fraud.

New Registers with

secret marks-quarterly returns of issues

109. In order to the due administration of the "relief" contemplated by the Act "providing relief in certain cases" of invalid Registers, certain regulations are prescribed by the Secretary of the Treasury, for ascertaining whether the fact, of Registers rendered invalid, and thereby subjecting American Vessels to alien duties, has been the result of fraud or ignorance: S's cir. 3d June, 1796; V. 1, p. 172.

110. In pursuance of the 2d section of the act of 2d March, 1803, in addition to the act concerning the Registering and Recording of Ships or Vessels," the Comptroller has proto be made to Comp- vided a sufficient number of new Registers, with such water marks, and other secret marks

troller and Register.

New forms of Re

gisters and crew lists

as are required-which will be forwarded by the Register of the Treasury-of the disposal of which by collectors, quarterly returns are to be made to the Comptroller, and duplicates to the Register of the Treasury: C's cir. 18th November, 1803; V. 1, p. 221.

111. New forms of Certificates of Registry, and blank list of Crews of Vessels, having adopted to prevent been adopted and transmitted to Collectors, to obviate the counterfeiting of those Documents, such of the old forms as remain on hand, are required to be returned to the Register of the Treasury: S's cir. 26th January, 1815; V. 2, p. 45.

counterfeits.

Necessary for protection of vessel and crew.

A fraudulent Regis ter prosecuted.

Vessels with invalid Registers, are alien.

Fraudulent continuance of Register after being vacated.

112. "Certificate of Registry" indispensable to entitle a Vessel to the privileges of a Vessel of the United States-and "Crew List" essential to the protection of the Crew: S's cir. 25th February, 1815; V. 2, p. 47.

113. A certificate of American Registry having been fraudulently obtained for a British Vessel, in the District of Dighton in Massachusetts, on the 11th May, 1815, legal proceedings thereon are ordered: C's cir. 31st August, 1815; V. 1, p. 287.

114. Vessels having Registry Certificates improperly issued, or unregistered Vessels, are decided to be "not vessels of the United States:" C's cir. 23d January, 1818; V. 1, p. 363.

115. A case of fraud practised by the new owner of an American Vessel, in navigating her under a Register which had been vacated by her seizure, condemnation, and sale, in a foreign port; which change of property rendered it necessary to renew her Register: C's cir. 25th August, 1823; V. 2, p. 276.

absent, by voluntary sale, or other cause, would be capable of being registered anew. This appears clear from the evident meaning and import of the first proviso. Registered vessels, which by sale (this is understood to mean a voluntary sale made by the American owner) become the property of foreigners, can never afterwards be registered, even though they should be again transferred to their former owners, or any other American citizen. This is expressly prohibited by an act of the 27th June, 1797. But registered vessels, which having been seized, or captured and condemned, become the property of foreigners, are not from those causes absolutely disqualified from being registered anew, the last recited act declaring, that if the owner or owners, at the time of seizure and capture, shall regain a property in such vessel by purchase or otherwise, they shall not be debarred from claiming and receiving new registers for the same, as they might or could have done if that act had not been passed.

"In further explanation of the third section of the act of last session, it may be proper to observe, that it does not alter or affect previous laws, as to the qualifications which are necessary to entitle a vessel to be registered, or to those circumstances which occasion a forfeiture of the privileges attached to a vessel of the United States, its object being merely to place registered vessels, which are sold without the United States to American citizens, (on complying with the requisites of the first proviso,) on the same footing as they would have been had the sales taken place whilst they were within the United States. In other words, that a registered vessel thus sold without the United States shall, on her first arrival'afterwards, although she may not have a register in force, if she be registered anew within the time limited in the proviso, be subject to no other or higher duties than are payable by a vessel having a register in force at the time of her arrival. (Signed) "G. DUVAL, Comptroller of the Treasury.”

116. Certificates of Registry, or of Enrolment and License (with the forms prescribed) are authorized by act 3d March, 1825, to be issued to Steamboats owned by incorporated Companies, at their option: (10) O's cir. 3d June, 1825; V. 2, pp. 417, 419.

117. Oath, form of, to be taken, on granting a Registry, Enrolment, or License, to a Steamboat owned by an incorporated Company: C's cir. 3d June, 1825; V. 2, p. 419.

118. Registered Vessels, or Vessels having certificates of Registry duly issued, are entitled to carry on a qualified coasting trade, immediately connected with their foreign trade: C's cir. 15th October, 1828; V. 2, p. 589.

119. The Repeal of Tonnage Duties by act 31st May, 1830, does not exonerate the owners of vessels from taking out certificates of Registry, Enrolment, and so forth; for the neglect of which they are liable, as formerly: C's cir. 25th March, 1831; V. 3, p. 125.

120. Many of the foregoing regulations and instructions respecting the Registry of Vessels, are now repeated, in substance, to correct erroneous practices that have grown up among Collectors in the course of a long period: C's cir. 6th June, 1839; V. 3, p. 745.

121. Temporary Certificates of Registry are required to be issued, under certain circumstances, to Vessels engaged in the Coasting trade, or in the fisheries; that is, if a Vessel's license expires while she is absent from her own District, it is decided by the Comptroller, that "it will be lawful and necessary that her Enrolment and expired License be surrendered to the Collector of the district where she may happen to be, and that she take out a temporary certificate of Registry, with which to proceed on her voyage: C's cir. 29th August, 1794; V. 1, p. 117.

122. The aforesaid instructions of the 29th March, 1794, are repeated, by reference to them as authority to take out a Temporary Registry, when the License of a Coasting or Fishing vessel expires while she is absent from her own District: C's cir. 10th November, 1831; V. 2, p. 152.

123. The same instructions, as aforesaid, are again repeated, and Temporary Certificates of Registry (11) again confounded with Temporary Licenses to Coasting or Fishing vessels, in a very peremptory manner: C's cir. 25th August, 1823; V. 2, p. 265.

(10.) In this case of vague option allowed to incorporated Companies to take out Registers or Enrolments, &c., neither the law nor the instruction distinguishes between the employments which those steam vessels may be engaged in. But the act of 9th July, 1838, entitled "an act for the better security of the lives of persons on board of steamboats," evidently contemplates that all steamboats shall be enrolled and licensed, and that none be registered; while the act of 2d March, 1831, regulating the trade on the Lakes and Rivers of the northern frontier, expressly forbids that any boat or vessel engaged therein shall be registered, but requires that all shall be enrolled and licensed, according to forms to be prescribed by the Secretary of the Treasury. (See sequel, No. 153.)

(11.) This is obviously part of that erroneous, and, in some respects, disastrous practice, which originated (probably in a clerical blunder) in the circular of the 29th August, 1794, in ordering "temporary Registers" to be issued in certain cases, of coasting or fishing Licenses having expired while such vessels are absent from their own districts, instead of enjoining the issue of Temporary Licenses. This practice, as appears from the above circulars, has been enjoined and reiterated, through a long series of years, confounding Certificates of Registry with Enrolments and Licenses, but with which they are incompatible, as may be seen in the 3d section of the act of 18th Febru

[Same subject.]

Registry of Fishing or Whaling vessels, &c., discovered to be

illegal.

Opinion of Judge Story thereon, &c.

Said Registers are

124. The same instructions are again insisted upon, and Certificates of Temporary Registry again confounded with Temporary Licenses, by reference to the circulars of the 29th August, 1794, and 25th August, 1823, as alleged "to correct a practice observed in certain districts, in regard to these certificates," [which practice, nevertheless, was probably the correct one:] C's cir. 15th October, 1828; V. 2, p. 590.

125. Whaling vessels sailing under Certificates of Registry, instead of Enrolments and Licenses, according to law, are pronounced by the Comptroller to have incurred various penalties and forfeitures, as per judicial decision of the Circuit Court of New York, without adverting to the aforesaid instructions; but, on the contrary, alleging a violation of all former instructions on the subject: C's cir. 6th June, 1839; V. 3, p. 745.

126. The same subject, of the forfeitures, penalties, and disabilities incurred by Whaling vessels sailing under Certificates of Registry, instead of Enrolments and Licenses, with the opinion of Judge Story thereon, in a case of mutiny, pronouncing "the vessel not an Ameri can vessel, and that the mutineers were not amenable to the laws of the United States for said crime, on account of the illegality of the Registry forfeiting the nationality of the vessel:"O's cir. 22d June, 1839; V. 3, p. 751.

127. The Registers of vessels employed in the Whale Fisheries are legalized by the act legalized by act of of the 4th April, 1840, passed for that purpose: O's cir. 7th April, 1840, V. 3, p. 803.

1840.

CERTIFICATES of RECORD-defined.

Regulations for issuing, cancelling, &c.

Returns of, &c.

Returns of, &c.

Certificates to be exhibited to Collector on entry, &c.

128. Certificates of Record (for the form of which see act 31st December, 1792, sec tion 22d) are applicable to vessels built in the United States, but which belong wholly or in part to subjects or citizens of a Foreign Power: C's cir. 28th December, 1793; V. 1, p. 63.

129. Certain rules and regulations are prescribed, for issuing Certificates of Record, and for surrendering and cancelling the same, when vacated: C's cır. 28th December, 1793; V. 1, p. 69.

130. Certificates of Record are required to be regularly numbered, and duplicates to be transmitted to the Register of the Treasury; with an account of the Blank Certificates received, and of Certificates issued, by each Collector: C's cir. 28th Dec., 1793; V.1, p. 73.

131. Copies of Certificates of Record, and of Memorandums made thereon of the changes of ownership and of masters of vessels, required to be transmitted to the Register of the Treasury: C's cirs. 27th April and 28th December, 1793; V. 1, pp. 49, 73.

132. Certificates of Record are to be produced to the Collector whenever the vessels possessed thereof shall make entry in any port of the United States: C's cir. 28th December, 1793; V. 1, p. 69.

ary, 1793, the very section quoted by the aforesaid circular of 1794 to justify the misapprehension it had fallen into-until a judicial decision in the circuit court of New York, in 1839, annulled the nationality of a Whaling Vessel and the citizenship of the whole crew, discharging them of a prosecution for the crime of mutiny, as irresponsible to our laws, because of an informality or error in not having a Registry instead of an Enrolment and License: all of which resulted in the passage of the law of the 4th April, 1840, to legalize those certificates of Registry that had been issued to Whaling vessels, instead of exonerating the parties from all harm, or legal disability and forfeiture incurred by the error, and requiring the practice to be forthwith corrected.