estimate, and statement of, on hand, &c., required.

Sea Letters and Mediterranean Pass

177. The Secretary of the Treasury calls on Collectors for a statement of the number of Sea Letters and Mediterranean Passports that may be on hand, and an estimate of the number that may be wanting for the ensuing year: S's cir. 10th December, 1805; V. 1, p. 241.

178. Sea Letters and Mediterranean Passports defined; the former are only necessary to ports defined and dis- commend neutral vessels, in time of war, to the comity of nations-the latter are intended tinguished. to protect American vessels against the cruisers of the Barbary Powers: these instruments, however, are sometimes improperly confounded: (15) S's cir. 25th February, 1815; V. 2, p. 47.

Issue of Sea Letters again suspended.

179. Peace having been restored, the issuing of Sea Letters is again dispensed with, except to vessels going beyond the Cape of Good Hope: S's cir. 10th April, 1815; V. 2, p.

48.

(15.) By the same circular the Secretary states that a Certificate of Property (or ownership of a vessel) which has no authority but custom-house usage, is sometimes erroneously substituted for a "Sea Letter," and the one mistaken for the other: S's cir. 25th February, 1815; V. 2, p. 47. The following are the forms of Sea Letters, and of Mediterranean Passports; the former are always made in four languages, French, Spanish, English, and German, of which the English is sufficient for this illustration, viz :

"James K. Polk, President of the United States of America, to all who shall see these presents, greeting:

"Be it known, that leave and permission are hereby given to of the burthen of

master or commander of the tons, or thereabouts, lying at present in the port of bound for and laden with to depart and proceed with the said on his said voyage, such having been visited, and the said having made oath before the proper officer that the said belongs to one or more of the citizens of the United States of America, and to him or them only.

called

"In witness wheREOF, I have subscribed my name to these presents, and affixed the seal of the United States of America thereto, and caused the same to be countersigned by

"By the President:

at

the

day of

in the year of our Lord

"Most Serene, Serene, most Puissant, Puissant, High, Illustrious, Noble, Honorable, Venerable, Wise, and Prudent Lords, Emperors, Kings, Republics, Princes, Dukes, Earls, Barons, Lords, Burgomasters, Schepens, Counsellors, as also Judges, Officers, Justiciaries, and Regents, of all the good cities and places, whether Ecclesiastical or Secular, who shall see these patents or hear them read: We make known, that the master of appearing before us, has declared, upon oath, that the vessel called of the burthen of about tons, which he at present navigates, is of the United States of America, and that no subjects of the present belligerant Powers have any part or portion therein, directly or indirectly, so may God Almighty help him. And, as we wish to see the said master prosper in his lawful affairs, our prayer is, to all the beforementioned, and to each of them separately, where the said master shall arrive with his vessel and cargo, that they may please to receive the said master with goodness, and to treat him in a becoming manner, permitting him, on paying the usual tolls and expenses in passing and repassing, to pass, navigate, and frequent the ports, passes, and territories, to the end to transact his business, where and in what manner he shall judge proper. Whereof we shall be willingly indebted."

"In witness and for cause whereof we affix hereto the seal of

[Form of Mediterranean Passport.]

"Suffer the with

the said

No.

"BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

tons, or thereabouts, mounted with

guns, navigated

master or commander, of the burthen of men, to pass with her company, passengers, goods, and merchandize, without any hinderance, seizure, or molestation, appearing, by good testimony, to belong to one or more of the citizens of the United States, and to him or them only. "Given under my hand, and the seal of the United States of America, the

"To all persons whom these may concern."

180. (Passport and Clearance fees or charges being repealed, does not exonerate the masters of vessels (having Registers) bound to foreign ports, from taking out Passports and Clearances; for a neglect of which the penalty will be still incurred: C's cir. 25th March, 1831; V. 3, p. 122.)

181. In anticipation of a maritime war in Europe, Sea Letters are again transmitted to Collectors for provisional issue: S's cir. 31st July, 1815; V. 2, p. 55.

1798, trans

182. (The Secretary of State, by a circular to Collectors, dated mits the proper blanks for the issue of Commissions-Letters of Marque and Reprisal-to public and private armed vessels of the United States, to capture French armed vessels on the high seas, and to recapture American vessels taken by the French: which instructions, he says, properly belong to the Secretary of the Navy, but the emergency does not admit of delay to restore the measure to its proper channel: See vol. 1, p. 195, cirs. of the Secretary of the Treasury.)

183. It is provided by act of 26th June, 1812, "respecting Letters of Marque, prizes, and prize money," that the Commissions, or Letters of Marque or Reprisal, (authorized by the act of 18th June instant, to be issued by the President against the vessels and property of Great Britain during the war declared by said act,) which may be held by commanders of any private armed vessels, who shall violate the revenue laws of the United States, shall be forfeited and rendered invalid; and they, and their vessels, shall be liable to the penalties and forfeitures attaching to merchant vessels committing like offences: for the faithful execution of which provisions, Collectors are required to exert due vigilance: C's cir. 13th July, 1812; V. 1, p. 273.

184. (The Secretary of State, by a circular dated 3d September, 1812, calls the attention of Collectors to the 2d section of the act of 26th June, 1812, concerning the issue of Letters of Marque, prizes, and prize goods; and he requires a monthly return to be transmitted to his Department, of the statements called for by the said act, from all persons making application for Letters of Marque: (16) See vol. 2, p. 13, cirs. of the Secretary of the Treasury.)

(Penalty for not tak

ing Passports, &c.)

Sea Letters again renewed.

LETTERS OF MARQUE AND REPRISAL, issued by order of the Secretary of State:

Letters of Marque

and Reprisal liable to

forfeiture, &c.

Monthly returns required by the Secretary of State, respecting Letters of Marque.

(16.) The following is the form of a Letter of Marque, accompanied by the instructions of the Secretary of State, issued subsequently to those instructions referred to above:

[Copy of Commission No.

, granted at the Port of Baltimore, to Captain Matthew Kelly.]

"James Madison, President of the United States of America, to all who shall see these presents, greeting:

"Be it known, that in pursuance of an act of Congress, passed on the eighteenth day of June, one thousand eight hundred and

I have commissioned, and by these presents do commission, the private armed schooner called the Patapsco, of the burthen of two hundred fifty-nine tons or thereabouts, owned by Henry Fulford, George P. Stevenson, Matthew Kelly, Henry Holden, Amos A. Williams, Levi Hollingsworth, and Andrew Clopper, of the City of Baltimore, in the State of Maryland, mounting six carriage guns and navigated by thirty-five men, hereby authorizing Matthew Kelly, Captain, and John Young, Lieutenant of the said schooner Patapsco, and the other officers and crew thereof, to subdue, seize, and take any armed or unarmed British vessel, public or private, which shall be found within the jurisdictional limits of the United States, or elsewhere, on the high seas, or within the waters of the British dominions; and such captured vessel, with her apparel, guns and appurtenances, and the goods or effects which shall be found on board the same, together with all the British persons and others who shall be found acting on board, to bring within some port of the United States; and also to retake any vessels, goods and effects of the people of the United States, which may have been captured by any British armed vessel, in order that proceedings may be had concerning such capture or recapture in due form of law, and as to right and justice shall appertain. The said Matthew Kelly is further authorized to detain, seize, and take all vessels and effects, to whomsoever belonging, which shall be liable thereto, according to the law of nations and the rights of the United States as a power at war, and to bring in the same within some port of the United States, in order that due proceedings may be had thereon. This commission to continue in force during the pleasure of the President of the United States for the time being.

Privateer Pensions to persons employed on vessels having Letters of Marque, to be ascertained by Quarterly Returns from their journals, to the Secretary of the Navy.

The two per cent.

privateer pension fund

Treasury.

185. (The Secretary of the Navy, by a circular to Collectors, dated 22d May, 1813, requires quarterly returns or abstracts of the journals reported to them by United States private armed vessels having Letters of Marque, in order to enable the Navy Department to regulate and afford prompt relief to pressing applications for allowance of Pensions to persons employed on board of such vessels, and so entitled according to the act of the 13th February, 1813. He also complains, that the two per cent. of the privateer prize money, required by the act of 26th June, 1812, "concerning Letters of Marque," to be reserved in the hands of Collectors and Consuls, and directed by the said act of June 26th, 1812, to be paid into the Treasury as a privateer pension fund, has been but partially done, and to a very small amount: See vol. 2, p. 26, cirs. of the Secretary of the Treasury.)

186. The Comptroller requires of Collectors to credit, in their quarterly accounts curto be deposited in the rent, the two per cent. received by them on the nett amount of prize money, and to deposite the same in like manner as other public moneys-which two per cent. is set apart by the act of 26th June, 1812, "concerning Letters of Marque" as a "privateer pension fund:" C's cir. 26th May, 1813; V. 1, p. 276.

"Given under my hand and the seal of the United States of America, at the City of Washington, the seventeenth day of November, in the year of our Lord one thousand eight hundred and thirteen, and of the independence of the said States the thirty-eighth.

"1. The tenor of your commission under the act of Congress, entitled "An act concerning letters of marque, prizes and prize goods,” a copy of which is hereto annexed, will be kept constantly in your view. The high seas referred to in your commission, you will understand generally to extend to low water mark, but with the exception of the space within one league, or three miles, from the shore of countries at peace both with Great Britain and with the United States. You may, nevertheless, execute your commission within that distance of the shore of a nation at war with Great Britain, and even on the waters within the jurisdiction of such nation, if permitted so to do.

"2. You are to pay the strictest regard to the rights of neutral powers and the usages of civilized nations; and in all your proceedings towards neutral vessels, you are to give them as little molestation or interruption as will consist with the right of ascertaining their neutral character, and of detaining and bringing them in for regular adjudication in proper cases. You are particularly to avoid even the appearance of using force or seduction, with a view to deprive such vessels of their crews, or their passengers, other than persons in the military service of an enemy.

"3. Towards enemy vessels and their crews, you are to proceed in exercising the rights of war with all the justice and humanity which characterize the nation of which you are members.

"4. The master, and one or more of the principal persons belonging to captured vessels, are to be sent, as soon after the capture as may be, to the judge or judges of the proper court in the United States, to be examined upon oath touching the interest or property of the captured vessel and her lading; and at the same time are to be delivered to the judge or judges all passes, charter parties, bills of lading, letters, invoices, and other documents and writings found on board; the said papers to be proved by the affidavit of the commander of the capturing vessel, or some other person present at the capture, to be produced as they were received, without fraud, addition, subduction, or embezzlement. "By command of the President of the United States of America:

(Signed)

"JAMES MONROE, Secretary of State."

[Additional instructions to the public and private armed vessels of the United States.]

"The public and private armed vessels of the United States are not to interrupt any British unarmed vessels bound to Sable Island, and laden with supplies for the humane establishment at that place.

"November 7th, 1812.

"By command of the President of the United States:
(Signed)

"To MATTHEW KELLY, Commander of the private armed schooner Patapsco, of Baltimore."

"JAMES MONROE, Secretary of State.

to a private armed ves

187. (The Secretary of State, in a circular to Collectors, dated the 21st January, 1814, The complement of officers, men, and requires that private armed vessels shall, in future, have a complement of at least twenty equipments, requisite effective officers and men, with armament in proportion, to entitle them to receive Letters sel. of Marque-and that all commissions heretofore granted to vessels of an inferior class be revoked: (17) See Vol. 2, page 40, circulars of the Secretary of the Treasury.)

(Quarterly returns of Marine Papers, issued, surrendered, and re-issued, &c.)

QUARTERLY RETURNS-of certificates

cord, of Enrolment,

and Licenses of ves

sels.

188. (In grouping the official calls for Quarterly Returns of Marine Papers together here, it cannot be amiss to repeat the appropriate item, of No. 90, ante-viz: that " It is an- of Registry, of Renounced to Collectors of the Customs, by the Comptroller of the Treasury, that the forms of the abstracts required to be rendered QUARTERLY to the Treasury Department, of the Certificates of Registry, of Record, of Enrolment, and Licenses of vessels, which are issued during each quarter, (together with other official forms required to be observed in issuing those Certificates, and for the regulation of the United States commercial marine,) are transmitted to them, with explanations of each; and that their importance is therein especially called to their attention: C's cir. 28th December, 1793; V. 1, p. 61 to 100.

189. An abstract is required of the Certificates of Registry that were issued (in each Dis. trict) before the 1st of April, 1793, and of those that were outstanding on that day: C's cir. 28th December, 1793; V. 1, pp. 70, 88.

Of Registers.

190. Of Permanent Certificates of Registry, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 16. pp. 70, 89.

[Same subject.]

191. Of Temporary Certificates of Registry, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 1b. pp. 72, 90.

[Same subject.]

192. The aforesaid Abstract of Temporary Registers is amended: C's cir. 24th December, 1801; V. 1, p. 209.

[Same subject.]

193. "An Account" of the Certificates of Record received and issued is required to be transmitted to the Register of the Treasury: C's cir. 28th December, 1793; V. 1, pp. 69, 73.

194. An Abstract is required of the Certificates of Enrolment that were issued (in each district) before the 1st May, 1793, and of those that were outstanding on that day: 1b. pp. 67, 91.

Of Records.

Of Enrolments.

195. Of Permanent Certificates of Enrolment, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: 1b. 92.

196. Of Temporary Certificates of Enrolment, issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: Ib. 93.

Permanent.

Temporary.

(17.) Thus it appears that the Secretary of the Treasury, the Comptroller of the Treasury, the Secretary of the Navy, and the Secretary of State, all take part in prescribing instructions relating to Letters of Marque; whereas, the whole subject properly belongs to the Secretary of State; and whatever the other branches of the Government have to say on the subject, ought to be transmitted as emanating from him.

Of Licenses.

[Same subject.]

Of endorsements.

197. Of Licenses (18) to Enrolled vessels (being over 20 tons burthen) issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: lb. pp. 67, 94, 95.

198. Of Licenses (19) to vessels exempt from Enrolment (being under 20 tons) issued, and of those surrendered, during a quarter, a Quarterly Abstract is required: Ib. 67, 97.

199. Of the Endorsements (20) of changes of masters of vessels, &c., required to be made on Certificates of Record, of Registry, of Enrolment, and on Licenses, during a quarter, a Quarterly Abstract is required: lb. pp. 73, 98.

LIGHTHOUSES, BEACONS &c., information called for.

Placed under super

SECTION 2.

Of the Lighthouse System-with instructions appertaining thereto-and the quarterly returns of accounts and reports connected therewith.

200. The Secretary of the Treasury calls for information respecting Lighthouses, Beacons, Buoys, and Public Piers, &c.; stating that the expenses of those establishments are hereafter to be defrayed by the United States: S's cir. 1st October, 1789; V. 1, p. 4.

201. The same subject is amplified-inquiring into the extent of these establishments, intendence of Collec- and placing them under the superintendence of Collectors of the Customs: S's cir. 5th October, 1789; V. 1, p. 9.

tors.

Complaints of leaky oil casks.

202. On the complaint of certain Collectors, as Superintendents of Lighthouses, respecting the leaky condition of casks in which oil has been received by them for Lighthouses, ¡nquiries are instituted by the Secretary, requiring a circumstantial statement on the subject: S's cir. 25th June, 1806; V. 1, p. 244.

Fitting up Light203. The Secretary transmits to Collectors a copy of a contract with Winslow Lewis, houses with patent reflectors, &c. esqr., for fitting up all the Lighthouses with patent reflectors and lamps, "to make a more brilliant light at half the consumption of oil, and to keep them in repair for seven years❞— with instructions to see it faithfully executed: S's cir. 26th February, 1813; V. 2, p. 24.

Measures for restorunder direction of

204. Collectors are informed that, under the direction of the COMMISSIONER OF THE ing Lighthouses, &c., REVENUE, immediate measures will be taken for restoring Lighthouses, Beacons, Buoys, Commissioner of the and Piers, to the condition they were in before the late war; to which end a report is required of their actual condition in each Collector's District: S's cir. 25th February, 1815; V. 2, p. 47.

Revenue.

(18.) Besides these Quarterly Returns to the Register of the Treasury, it will be perceived under another head, that a monthly abstract of Licenses granted to coasting vessels, and to Fishing vessels, is required to be forwarded to the Secretary of the Treasury at the expiration of every month, according to form prescribed by his circular of the 27th August, 1792; V. 1, p. 124.

(19.) Though no abstracts of "Permanent" and "Temporary" Licenses are distinctly called for by the above circular, yet these specific distinctions are required to be endorsed upon the Licenses when issued, to show that they were issued from the District to which the vesselsbelong, or from a different District.

(20.) Collectors at sundry ports being in the habit of making excessive charges for endorsements of memorandums on the Licenses of coasting vessels, are peremptorily required to keep within the rates allowed by law: C's cir. 6th April, 1831; V. 3, p. 147.