by the oaths or affirmations of all the parties through whose hands the goods may have passed; in which case, each can be examined as far as his knowledge can be presumed to extend.
There is no rule prescribed for regulating the sum in which bonds shall be taken; whence there is, perhaps, too much left to the discretion of the officers. And the cancelling of the bond is made to depend, among other things, upon the oath or affirmation of the master and mate of the vessel, in which the goods are exported, attesting their delivery: a requisite which it may not always be possible to fulfil. The master or mate may die, or may quit the vessel from different causes, without complying with it. These circumstances seem to require some other modifications. The Secretary has had an eye to them in the draught of the bill accompanying his report of the ninth of January last; to which he begs leave respectfully to refer.
Section 40. This section provides that no goods, wares, or merchandise, of foreign growth or manufacture, subject to the payment of duties, shall be brought into the United States, otherwise than by sea, and in ships or vessels of not less than thirty tons’ burthen; with an exception as to the district of Louisville, and another, as to vessels, at the time of the passing of the act, on their voyage.
It is a matter which merits particular consideration, whether there ought not, also, to be an exception in regard to the most easterly district of the State of Massachusetts. The situation of that district is, in different views, peculiar, so as, perhaps, to render it advisable rather to endeavor to regulate, than to prevent the introduction of foreign articles in smaller vessels. The information received on this point will, also, with the leave of the House, be reserved for the committee before referred to.
Fourthly. As to the “act for registering and clearing vessels, regulating the coasting trade, and for other purposes.”
Many of the provisions of this act are objected to, particularly those parts which relate to the coasting trade and fisheries; and yet, it must be confessed, that the proper remedies or alterations are neither obvious nor easy. The more the matter is examined, the more difficult it appears to reconcile the convenience of those branches of trade with due precautions for the security of the revenue.
Section 2. The idea of this section is, that every vessel shall be registered by the collector of the district to which she belongs. This regulation is a proper one, as a knowledge of the persons on whose oaths or affirmations the registries are to be founded by the officer making them, is a security against imposition. But this provision seems to be contravened by that of the seventh section, as will be noted hereafter.
Section 3. This section directs the mode of ascertaining the tonnage of all ships or vessels.
It is, however, a question whether it means only those which are to be registered, in order to their registry, or extends to others, in order to computing the tonnage duty. The latter construction has been preferred, for the sake of equality and uniformity.
The mode of admeasurement prescribed, has been complained of, as unfavorable to certain kinds of vessels, and as tending to enlarge the tonnage beyond the standard of other countries.
Section 6. Objections are made to the form of the oath prescribed by this section. The party is to swear positively, to the place where the vessel was built (which, in a great number of cases cannot, with propriety, be done), and, also, to the citizenship, not only of himself, but of the other owners, and of the master (which, in many cases, must be equally difficult).
Inconveniences are experienced from the want of a rule for determining who are citizens. The consequence of it is that every man is left to his own opinion of what constitutes one, and it is represented that there are instances in which persons of reputation, supposing that residence only conferred the character, have been ready to take the oath prescribed.
A designation of the several descriptions of persons entitled to the privileges of citizens under this act, requiring that the particular one, under which each falls, should be inserted in his oath, would be the most effectual guard against error or imposition. If this should be thought to be attended with too many difficulties, from our peculiar situation, it may, at least, be proper to annex some adequate pecuniary penalty to the obtaining of registers by persons not citizens, and to oblige all who apply to specify, in their oaths, by what title they are citizens—that is, whether by nativity, naturalization, or otherwise, which, by bringing into view the situation of each person, would serve as a useful check.
In these observations it is taken for granted that, as the law now stands, the oath of the party is the sole guide to the officers of the customs; that they have not any discretion in the case, and that a power in them to judge of the qualifications of individuals, in so important a respect, could not, with propriety, be established.
Section 7. The second section, as already remarked, directs that vessels be registered in the districts to which they belong. This admits their registry wherever they may be, provided the oath required be taken before the collectors of the district to which they belong. It is conceived that an adherence to the principle of the second section, throughout, would conduce to security. And it is, therefore, submitted, whether, instead of the provision in this section, it would not be advisable to provide that, when a vessel, being in a district other than that to which she belongs, has occasion to be registered, she shall be surveyed under the direction of the proper officer of the port where she may happen to be, and registered by the collector of the district to which she may belong, upon a certificate of the officer by whom such survey shall have been made.
Section 11. The declaring the instrument of transfer void, unless the register be recited in it, involves an embarrassing question, as to the property of the vessel, and does not seem necessary to the object in view. The subsequent part of the section, which annuls the privileges of an American bottom, without such recital, answering alone the purpose of the provision.
Section 12. If, in the oath on which the registry is founded, it be necessary to declare that the master is a citizen, it would seem equally necessary that, on a change of master, there should be a like attestation of his citizenship, previous to the endorsement herein directed to be made, as, otherwise, a citizen may be the master one day, a foreigner the next.
Section 13. There would be less room for imposition if, instead of allowing the collector of the port where the vessel might be to grant a new register, he were authorized merely to take the oath prescribed, in order to its transmission to the collector of the district where she might belong, making it the duty of the latter to issue the new register.
Section 22. This section commences the regulations respecting vessels employed in the coasting trade and fisheries. The proviso of it exempts all licensed vessels, under twenty tons, from clearing and entering, and in its consequences, removes them, almost wholly, from the inspection of the officers of the customs. The tendency of this to facilitate smuggling is obvious, as these vessels are precisely of that kind which would be most naturally employed in clandestinely unlading, on the coast, those which arrive from abroad. The bond required, in order to a license, is a very slender restraint, not only from the smallness of the penalty, but from the little danger of discovery. And the oath is still less effectual, because the master who is to take it may at any time be changed before the application for a new license. This oath, too, is exceptionable on other accounts. The anticipation of a future and distant oath may be too apt to give way to the allurements of immediate interest; and if a breach of the law have been committed when it is to be taken, it is hardly to be expected that there will be a strict adherence to truth at the price of incurring both disgrace and loss.
It would, perhaps, be more effectual and less exceptionable if, instead of this oath, one should be required, previous to the granting of any license to a fishing or coasting vessel, from the owner or owners of such vessel, that she shall not, during the time for which it is to be granted, be employed, with his or their permission, consent, sufferance, privity, or connivance, in any way whereby the payment of the duties imposed by law on articles imported into the United States may be evaded.
But it seems indispensable toward guarding against the frauds which may be committed by coasters that they should be obliged, at every port or place where there is an officer of the customs, to report themselves