established at such place within said district as the president of the United States may 26 June 1834. designate. 5 Stat. 538. 33. All that portion of the "Western land district," created by an act of congress 29 Aug. 1842 2 1. entitled "An act to establish an additional land office in the state of Missouri," approved third of March 1823, which is situated north of the Missouri river, together with the Platte district. late north-west addition to the state of Missouri, commonly known as the "Platte river country," shall constitute a separate land district, to be called the Platte district. 34. All that part of the South-western district of Missouri, which is situated north of Ibid. 23. the line between townships thirty-four and thirty-five, and that portion of the Fayette Lands added to land district lying west of the line dividing ranges twenty and twenty-one west, south western district. of the Missouri river, is hereby annexed to and shall make a part of the Western or Lexington district of Missouri; the office for which district shall be located at such place as the president shall designate. 9 Stat. 347. 35. So much of the public lands of the United States included in the present Fayette 26 Feb. 1849 2 1. district, in the state of Missouri, as lies within the following boundaries, to wit: beginning at the point on the northern boundary of the state intersected by the line between Chariton district ranges thirteen and fourteen; thence south along that line until it intersects the line between townships fifty-five and fifty-six; thence west along that line until it intersects the line between ranges twenty-three and twenty-four; thence north along the last-mentioned line to the northern boundary of the state; thence east with said boundary line to the beginning; shall be formed into a new land district, to be called the "Chariton district." And for the sale of the public lands within the district hereby constituted, a land office shall be established at such most convenient place within the said district as the president of the United States may designate. 1 Stat. 185. on domestic and 1. Upon all ships or vessels (a) which after the first day of September next, shall be 20 July 1790 8 1. entered in the United States from any foreign port or place, there shall be paid the several and respective duties following, (b) that is to say: on ships or vessels of the Tonnage duties United States at the rate of six cents per ton; (c) on ships or vessels built within the foreign vessels. United States after the twentieth day of July last, but belonging wholly or in part to subjects of foreign powers, (d) at the rate of thirty cents per ton; on other ships or vessels at the rate of fifty cents per ton. Ibid. 2. 2. The aforesaid duty of six cents per ton shall be also paid upon every ship or vessel of the United States which, after the said first day of September next, shall be entered On American ves in a district in one state from a district in another state, other than an adjoining state on sels trading be the sea coast, or on a navigable river, having on board goods, wares and merchandise taken in one state to be delivered in another state: Provided, That it shall not be paid (a) This charge is confined to the vessel, and binds the owner from whom it may be recovered in an action of debt. But a mere consignee is not liable, for he has no interest or special property in the vessel. United States v. Hathaway, 3 Mas. 324, 326. (b) To be paid to the collector, at the time of entry. See tit. "Imports and Exports," 263. tween districts. (c) See tit. "Imports and Exports," 264, for the mode of ascer taining the tonnage. (d) See tit. "Commerce," II-VII., for the acts abolishing discri minating duties, in favor of the vessels of certain foreign nations. 20 July 1790. Ibid. 23. On foreign ves on any ship or vessel having a license to trade between the different districts of the United States, or to carry on the bank or whale fisheries, whilst employed therein, more than once a year. 3. Upon every ship or vessel not of the United States which, after the said first day of September next, shall be entered in one district from another district, having on board sels trading be- goods, wares and merchandise taken in one district, to be delivered in another district, there shall be paid at the rate of fifty cents per ton. (a) tween districts. 14 Jan. 1817 81. 3 Stat. 344. to continue the ваше. 4. The tonnage duties to be paid by ships or vessels which shall be entered in the United States, excepting only such foreign ships or vessels as shall be entered from any Tonnage duties foreign port or place, to or with which vessels of the United States are not ordinarily permitted to go and trade, shall be the same as are provided by the act entitled “An act imposing duties on the tonnage of ships or vessels," passed on the 20th day of July, in Discriminating the year of our Lord 1790: Provided always, That nothing in this act contained shall be deemed in any wise to impair any rights and privileges which have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to the duty on tonnage of vessels. duties. 1 March 1817 5. 3 Stat. 351. Tonnage duties on vessels trad ing between dif ferent states. Exceptions. 5. After the thirtieth day of September next, there shall be paid a duty of fifty cents per ton upon every ship or vessel of the United States, which shall be entered in a district in one state from a district in another state, except it be an adjoining state on the seacoast, or on a navigable river or lake, and except also it be a coasting vessel going from Long Island, in the state of New York, to the state of Rhode Island, or from the state of Rhode Island to the said Long Island, having on board goods, wares and merchandise, taken in one state, to be delivered in another state: Provided, That it shall not be paid on any ship or vessel having a license to trade between the different districts of the United States, or to carry on the bank or whale fisheries, more than once a year: And provided also, That if the owner of any such vessel, or his agent, shall prove to the crew are citizens, satisfaction of the collector, that three-fourths at least of the crew thereof are American citizens, or persons not the subjects of any foreign prince or state, the duty to be paid in such case shall be only at the rate of six cents per ton; but nothing in this section shall be construed to repeal or affect any exemption from tonnage duty given by the eighth section of the act entitled "An act to provide for the establishment of certain districts, and therein to amend an act entitled 'An act to regulate the collection of duties on imports and tonnage, and for other purposes."" Where three fourths of the Ibid. 26. 6. After the thirtieth day of September next, there shall be paid upon every ship or On vessels from Vessel of the United States, which shall be entered in the United States, from any foreign foreign ports, &c. port or place, unless the officers, and at least two-thirds of the crew, thereof shall be proved citizens of the United States, or persons not the subjects of any foreign prince or state, to the satisfaction of the collector, fifty cents per ton. Ibid. 7. Proportion of 7. The several bounties and remissions, or abatements of duty, allowed by this act, in the case of vessels having a certain proportion of seamen who are American citizens, or men to continue persons not the subjects of any foreign power, shall be allowed only in the case of vessels having such proportion of American seamen during their whole voyage, unless in case of sickness, death or desertion, or where the whole or part of the crew shall have been taken prisoners in the voyage. during the voyage. 8 March 1817 1. 3 Stat. 369. 8. On all foreign ships or vessels which shall be entered (b) in the United States, after the thirtieth day of June next, from any foreign port or place, to and with which vessels Tonnage duty on of the United States are not [ordinarily] permitted to enter and trade, there shall be paid a duty [at] the rate of two dollars per ton; to be levied and collected in the same manner, and under the same regulations, as are prescribed by law in relation to the duties upon tonnage now in force. foreign vessels. 31 May 1830 Repeal of tonnage duty on American vessels, in certain cases. Ibid. 22. When discrimi 1. 9. From and after the first day of April next, no duties upon the tonnage of the ships and vessels of the United States, of which the officers and two-thirds of the crew shall be citizens of the United States, shall be levied or collected. And all acts and parts of acts imposing duties upon the tonnage of ships and vessels of the United States officered and manned as aforesaid, so far as the same relate to the imposition of such duties, shall, from and after said first day of April next, be repealed. 10. From and after the said first day of April next, all acts and parts of acts imposing duties upon the tonnage of the ships and vessels of any foreign nation, so far as the dating duties on same relate to the imposition of such duties, shall be repealed: Provided, That the president of the United States shall be satisfied that the discriminating or countervailing duties of such foreign nation, so far as they operate to the disadvantage of the United States, have been abolished. oreign vessels to cease. (a) It seems that this section is not now in force, such importation having been rendered unlawful by the act 1 March 1817; infra, 15. (b) Vessels arriving in distress are permitted, in case of necessity, to be unloaded free of duty, and when the goods are reladen the ship may proceed to the place of her destination free of any other charge than what relates to the storage of the goods, &c. See tit. "Imports and Exports." 260-1. And if a vessel so arriving in distress be condemned and sold, no tonnage duties or light money are demandable. Ripley v. Gelston, 9 Johns. 201 II. LIGHT MONEY. 2 Stat. 300. be levied on 11. A duty of fifty cents per ton, to be denominated "light money," shall be levied 27 March 1804 2 6 and collected on all ships or vessels, not of the United States, which, after the aforesaid thirtieth day of June next, may enter the ports of the United States: Provided however, Light money to That nothing in this act shall be so construed as to contravene any provision of the foreign vessels. treaty or conventions concluded between the United States of America and the French republic, on the 30th day of April 1803: And provided also, That the said light money How recoverable. shall be levied and collected in the same manner, and under the same regulations, as the tonnage duties now imposed by law. (a) 2 Stat. 339. on unregistered citizens and hav 12. The sixth section of the act entitled "An act for imposing more specific duties on 3 March 1805 8 1. the importation of certain articles, and also for levying and collecting light money on foreign ships or vessels, and for other purposes," shall not be deemed to operate upon Not to be levied unregistered ships or vessels, owned by citizens of the United States, in those cases, ships owned by where such ship or vessel is in possession of a sea letter, or other regular document, ing sea letters. issued from a custom-house of the United States, proving such ship or vessel to be American property: Provided however, That upon the entry of every such ship or vessel from any foreign port or place, if the same shall be at the port or place at which the owner, or any of the part owners reside, such owner or part owners shall make oath or Owner to make oath, &c. affirmation, that the sea letter, or other regular document possessed by such ship or vessel, contains the name or names of all the persons who are then owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred since the date of such sea letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such ship or vessel. And if the owner, or any part owner, shall not reside at the port or place at which such ship or vessel shall enter, then the master or commander shall make oath or affirmation to the like effect. And if the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges granted by this act. III. IMPORTATIONS. 3 Stat. 351. goods may be im. 13. After the thirtieth day of September next, no goods, wares or merchandise shall 1 March 1817 2 1. be imported into the United States from any foreign port or place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens In what vessels or subjects of that country (b) of which the goods are the growth, production or manu- ported. facture; or from which such goods, wares or merchandise can only be, or most usually are, first shipped for transportation: (c) Provided nevertheless, That this regulation shall not extend to the vessels of any foreign nation which has not adopted and which shall not adopt a similar regulation.(d) Ibid. 22. 14. All goods, wares or merchandise, imported into the United States contrary to the true intent and meaning of this act, and the ship or vessel wherein the same shall be Forfeiture in case imported, together with her cargo, tackle, apparel and furniture, shall be forfeited to the of violation. United States. And such goods, wares or merchandise, ship or vessel and cargo, shall be liable to be seized, prosecuted and condemned in like manner, and under the same regulations, restrictions and provisions, as have been heretofore established for the recovery, collection, distribution and remission of forfeitures to the United States by the several revenue laws. Ibid. 24. 15. No goods, wares or merchandise, (e) shall be imported, under penalty of forfeiture thereof, from one port of the United States to another port of the United States, in a Coasting trading vessel belonging wholly or in part to a subject of any foreign power; (g) but this clause prohibited to foreign vessels. shall not be construed to prohibit the sailing of any foreign vessel from one to another port of the United States, provided no goods, wares or merchandise, other than those imported in such vessel from some foreign port, and which shall not have been unladen, shall be carrried from one port or place to another in the United States. IV. PROTECTION OF COMMERCE. 3 Stat. 510. 16. That the president of the United States be and hereby is authorized and requested 3 March 1819 8 1. to employ so many of the public armed vessels, as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the mer (a) United States v. Hathaway, 3 Mas. 324, 326. (b) The word "country," means the entire nation, and not merely a section or portion of territory belonging to the nation. The act has in view foreign governments and nations, and their vessels, and not the localities within which the individual owners reside. United States v. The Recorder, 1 Blatch. 218. (c) The act does not compel the productions or manufactures of the dependencies of Great Britain out of Europe, to be imported in vessels belonging to the place of production or manufacture. Nor does it exact a direct trade from the port of production, or of usual shipment, when the importation is in a vessel belonging to 3 March 1819. chant vessels of the United States and their crews from piratical aggressions and depredations. Ibid. ? 2. May seize and port. 17. That the president of the United States be and hereby is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take send them into and send into any port of the United States any armed vessel or boat, (a) or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, (b) search, restraint, depredation or seizure upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States or its citizens, which may have been unlawfully captured upon the high seas. may defend themselves Ibid. 2 3. 18. The commander and crew of any merchant vessel of the United States, owned Merchant vessels wholly or in part by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation or seizure which shall be attempted upon such vessel, or against piratical upon any other vessel owned as aforesaid, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States; and may subdue and capture the same; and may also retake any vessel owned as aforesaid, which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. aggressions. Ibid. 4. 19. Whenever any vessel or boat from which any piratical aggression, search, restraint, Piratical vessels depredation or seizure shall have been first attempted or made, shall be captured and to be condemned brought into any port of the United States, the same shall and may be adjudged and and sold. 22 Dec. 1837 1. 5 Stat. 208. Public vessels to cruise for relief of vessels in dis tress. 14 Dec 1854 2 1. 10 Stat. 597. Stations and apparatus to be provided for relief of shipwrecked vessels. Ibid. 22. Keepers and condemned to their use, and that of the captors after due process and trial, (c) in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at their discretion. (d) V. RELIEF OF VESSELS IN DISTRESS. 20. That the president of the United States be and hereby is authorized to cause any suitable number of public vessels, adapted to the purpose, to cruise upon the coast, in the severe portion of the season, when the public service will allow of it, and to afford such aid to distressed navigators as their circumstances and necessities may require; and such public vessel shall go to sea prepared fully to render such assistance. 21. That the secretary of the treasury be and he is hereby authorized to establish such additional stations, on the coasts of Long Island and New Jersey, for affording aid to shipwrecked vessels thereon, to change the location of the existing stations; and to make such repairs and to furnish such apparatus and supplies, as may, in his judgment, be best adapted to give effect to the objects of this act. (e) 22. That the secretary of the treasury be and he is hereby authorized to appoint a keeper, at a compensation not exceeding two hundred dollars, at each of the stations to superintendents. be established under the provisions of the first section of this act; and a superintendent, who shall also have the powers, and perform the duty of an inspector of the customs for each of the coasts therein mentioned; and to give said keepers and superintendents proper instructions relative to the duties to be required of them. Ibid. 23. Care of boats. Ibid. 24. 23. No boat shall be purchased and located at any point other than on the coasts of Long Island and New Jersey, unless the same be placed in the immediate care of an officer of the government, or unless bond shall be given by proper individuals, living in the neighborhood, conditioned for the care and preservation of the same, and its applica tion to the uses intended. 24. That the secretary of the treasury be and he is hereby authorized to establish Stations at light stations at such lighthouses as, in his judgment, he shall deem best; and the keepers of such lights shall take charge of such boats and apparatus as may be put in their charge respectively, as a part of their official duties. houses. 3 March 1825 31. 4 Stat. 132. VI. SHIPWRECKS ON THE coast of FLORIDA. 25. If any ship or vessel shall, after the passing of this act, be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the (a) The words of the act equally extend to all armed vessels which commit the acts therein specified. No distinction is made as to the objects, or purposes, or character of the armament, whether it be for offence or defence, legitimate or illegitimate. United States v. Brig Malek Adhel, 2 How. 231. It extends to foreign vessels. The Marianna Flora, 11 Wh. 1. United States v. Klintoch. 5 Thid. 144. (b) Any piratical aggression subjects the vessel to forfeiture, though not made causa lucri, and though the owners were entirely innocent, and the vessel was armed for a lawful purpose, and sailed on a lawful voyage. United States v. Brig Malek Adhel, 2 How. 210. See The Marianna Flora, 11 Wh. 1. The Palmyra, 12 Ibid. 1. (c) Proceedings for condemnation upon captures made by public armed ships, are in the name and authority of the United States, who prosecute as well for themselves as for the captors. In a libel for piratical aggssions, it is not not necessary to allege or prove a conviction of the person for the criminal offence. The Palmyra 12 Wh. 1. (d) The forfeiture does not extend to the cargo of an innocent owner. United States v. Brig Malek Adhel, 2 How. 210. See 2 Opin. 648, as to the application of the proceeds of vessels captured and condemned for piracy. This act was made perpetual by act 30 January 1823. 3 Stat. 721. (e) By act 3 March 1847, the sum of $5000 had been appropriated for furnishing the lighthouses, on the Atlantic coast of the state of New York, with means of rendering assistance to shipwrecked mariners, to be under the control and direction of the secretary of the treasury. 9 Stat. 176. By act 14 August 1848, $10,000 was appropriated for providing surf-boat, rockets, carronades and other necessary apparatus for the better preservation of life and property from shipwreck, on the coast of New Jersey, between Sandy Hook and Little Egg Harbor. 9 Stat. 322. And by act 3 March 1849, the further sum of $10.000 was appropriated for providing similar apparatus. between Little Egg Harbor and Cape May; and $10.000 for providing similar apparatus on the coast of the United States in Michigan. 9 Stat. 381. sea, or from any of the keys or shoals within the jurisdiction of the United States, on the 3 March 1825. coast of Florida, to any foreign port or place, every such ship or vessel, so engaged and Vessels carrying employed, together with her tackle, apparel and furniture, shall be wholly forfeited; and wrecked property may be seized and condemned in any court of the United States or territories thereof, to be forfeited. having competent jurisdiction. to foreign places, 26. All property, of every description whatsoever, which shall be taken from any Ibid. ? 2. wreck, from the sea, or from any of the keys and shoals, within the jurisdiction of the Such property to United States, on the coast of Florida, shall be brought to some port of entry within the be brought into jurisdiction aforesaid. a port of entry. feitures. 27. All and every forfeiture or forfeitures, which shall be incurred by virtue of the Ibid. 23. provisions of this act, shall accrue, one moiety to the informer or informers, and the Distribution and other to the United States; and may be mitigated or remitted, in manner prescribed by remission of forthe act entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned," passed the 3d day of March 1797, and made perpetual by an act passed 11th February 1800. VII. NAVIGATION OF THE LAKES. 4 Stat. 457. 28. No custom house fees shall be levied or collected on any raft, flat, boat or vessel, 2 March 1831 1. of the United States, entering otherwise than by sea, at any port of the United States on the rivers and lakes on our northern, north-eastern and north-western frontiers. Ibid. 82. colonial vessels. 29. The same and no higher tonnage duties and custom house charges of any kind shall be levied and collected on any British colonial raft, flat, boat or vessel, entering, Tonnage duties, otherwise than by sea, at any port of the United States, on the rivers and lakes on our &c., on British northern, north-eastern and north-western frontiers, than may be levied and collected on any raft, flat, boat or vessel, entering otherwise than by sea at any of the ports of the British possessions on our northern, north-eastern and north-western frontiers. And from and after the first day of April next, no higher discriminating duty shall be levied or collected on merchandise imported into the United States in the ports aforesaid, and otherwise than by sea, than may be levied and collected on merchandise when imported in like manner otherwise than by sea, into the British possessions on our northern, northeastern and north-western frontiers, from the United States. sels on the lakes. 30. Any boat, sloop or other vessel of the United States, navigating the waters on our Ibid. 23. northern, north-eastern and north-western frontiers, otherwise than by sea, shall be Enrolment and enrolled and licensed in such form as may be prescribed by the secretary of the trea- license for vessury; which enrolment and license shall authorize any such boat, sloop or other vessel to be employed either in the coasting or foreign trade; and no certificate of registry shall be required for vessels so employed on said frontiers: (a) Provided, That such boat, sloop or vessel shall be in every other respect liable to the rules, regulations and penalties, now in force, relating to registered vessels on our northern, north-eastern and northwestern frontiers. observed by ves 31. Vessels, steamboats and propellers, navigating the northern and western lakes, 3 March 1849 8 5. shall, from and after the thirtieth day of April next, comply with the following regula- 9 Stat. 382. tions for the security of life and property, to wit: during the night, vessels on the star- Regulations to be board tack shall show a red light, vessels on the larboard tack a green light, and vessels sels navigating going off large, (b) or before the wind, or at anchor, a white light; (c) steamboats and the lakes. propellers shall carry on the stem, or as far forward as possible, a triangular light, at an angle of about sixty degrees with the horizon, and on the starboard side a light shaded green, and on the larboard side red; said lights shall be furnished with reflectors, &c., complete, and of a size to insure a good and sufficient light. (d) And if loss or damage shall occur, the owner or owners of the vessel, steamboat or propeller, neglecting to comply with these regulations, (e) shall be liable to the injured party for all loss or damage resulting from such neglect; and the owner or owners of any vessel failing to comply with said regulations shall forfeit a penalty of one hundred dollars, which may be recovered in an action of debt, to be brought by the district attorney of the United States, in the name of the United States, in any court of competent jurisdiction. (a) The object of this act is to give to vessels enrolled and licensed on these inland waters, the privileges as well of registered as of enrolled and licensed vessels, so that they may be employed as well in the foreign as in the domestic trade. United States v. The Margaret Yates, 22 Verm. 665. (b) This is a nautical phrase, and signifies having the wind free on either tack. Fashion v. Wards, 6 McLean, 152, 169. 8. c., 1 Newb. 9. Hall v. The Buffalo, Ibid. 115. (e) Under this act a vessel under way, with the wind abaft the beam, must show a white light. Hall v. The Buffalo, 1 Newb. 115. (d) Defective signal lights, which would not enable an approachIng vessel to see them at such a distance as to avoid a collision, are not lights within the law. Ward v. Chamberlain, 5 Am. L. R. 339. s. c., 1 Newb. 139. (e) This act did not abrogate the rules which have been generally observed for the management of vessels; it only added a new one. Foster v. The Miranda. 6 McLean, 221. s. c., 1 Newb. 227. Every precaution must be taken by a steamer to avoid a collision with a sailing vessel, and the timely slackening of her speed is a necessary precaution at night, when passing through a fleet of sailing vessels anchored at the mouth of a river. Under such circumstances a mere conformity with the rules of navigation will not excuse the steamer. Fashion v. Wards, 6 McLean, 153. s. c., 1 Newb. 8. And see Ward v. Chamberlain, 5 Am. L. R. 330. s. c., 1 Newb, 139, Ward v. The Propeller A. Rossiter, Ibid. 225. Ward v. The M. Dousman, Ibid. 236. |