Sidebilder
PDF
ePub

18th CONGRESS,}

Negotiations with France.

[H. of R.

pendent upon the right or the wrong interpretation, by one or the other party, of a treaty having for its object the regulation of entirely distinct and different interests. The reclamations of American citizens upon the government of France, are for mere justice; for the reparation of unquestionable wrongs; indemnity or restitution of property taken from them, or destroyed forcibly, and without right. They are of ancient date, and justice has been long and anxiously waited for; they have been often represented to the government of France, and their validity is not disputed. Similar reclamations, without

two countries, and the expression of his satisfaction at the prospect of being soon relieved from the labor which the affairs of Spain had thrown upon him, and having thus more time to devote to those of the United States, and others not of the same pressing nature. He avoided any intimation of a disposition to take up the claims by themselves, and it can hardly be expected that the French Government will, at this time, relax from the ground they have so lately taken upon that point. I informed him that I should communicate in writing an answer to the overture made by Count de Menou, at Washington, for uniting in a new negotiation this sub-greater merit or stronger titles to admission, presented ject with that of the Louisiana treaty, in substance the same as that gentleman had already received there, and should again press upon the French Government the consideration of the claims by themselves; to which he replied, that any communication might make, would be received and treated with all the attention to which it was entitled, on his part."

Mr. Sheldon to the Viscount de Chateaubriand.

PARIS, 11th Oct. 1823.

by citizens of other nations,have been favorably received, examined, and liquidated; and it seems to have been, hitherto, reserved to those of the United States, alone, to meet with impediments at every juncture, and to seek in vain the moment in which the government of France could consent to enter upon their consideration.

Although the question arising under the 8th article of the Louisiana treaty has, already, been fully examined, the government of the United States is ready, if it is desired by France, and if it is thought that any new light SIR: Mr. Gallatin, during his residence as Minister of can be thrown upon it, to discuss the subject farther, the United States in France, had, upon various occa- whenever it shall be presented anew by France to their sions, called the attention of his Majesty's government consideration. But they are convinced that, by blend, to the claims of our citizens for the reparation of wrongsing it with the claims, not only will no progress be made sustained by them, from the unjust seizure, detention, and confiscation, of their property, by officers and agents acting under authority of the government of France.During the past year, his Majesty's ministers had consented to enter upon the consideration of these claims, but they proposed to couple with it another subject, having no connexion with those claims, either in its nature, its origin, or the principles on which it depended a question of the disputed construction of one of the articles of the treaty of cession of Louisiana, by virtue of which France claimed certain commercial privileges in the ports of that province. Mr. Gallatin had not received from his government any authority to connect these two dissimilar subjects in the same negotiation, or indeed to treat upon the latter, which had already been Extracts of a letter from the Secretary of State to Mr. very amply discussed at Washington, between the Secretary of State of the United States, and his Majesty's minister at that place, without producing any result, except a conviction, on the part of the government of the United States, that the privileges for French vessels, as claimed by the Minister of France, never could have been, and were not in fact, conceded by the treaty in question. A stop was then put to the negotiations already commenced in relation to the claims, and with which had been united, on the proposition of the French government, and as being naturally connected with it, the consideration of certain claims of French citizens on the Government of the United States.

towards its solution, but that these last standing upon their own unquestionable character, ought not to be trammelled with a subject to which they are wholly foreign.

I am instructed to bring them anew before your Excellency, and to express the hope of the President, that his Majesty's government will not continue to insist upon connecting together two subjects of so different a nature, but that the claims may be taken up on their own merits, and receive the consideration which they deserve, unincumbered with other discussions.

The charge d'affaires of France at Washington has lately, on behalf of his government, expressed, to that of the United States, a wish that this double negotiation might be resumed, and that a definitive arrangement might be made, as well in relation to the disputed article of the Louisiana treaty, as of the subject of the claims upon the one side, and upon the other. The Government of the United States has nothing more at heart than to remove, by friendly arrangements, every subject of difference which may exist between the two countries, and to examine, with the greatest impartiality and good faith, as well the nature and extent of the stipulations, into which they have entered, as the appeals to their justice made by individuals claiming reparation for wrongs supposed to have been sustained at their

hands.

I request your Excellency to accept the assurance, &c.
D. SHELDON.

Brown, dated

WASHINGTON, 23d Dec. 1823. "You will immediately, after your reception, earnestly call the attention of the French government to the claims of our citizens for indemnity."

"You will, at the same time, explicitly make known that this Government cannot consent to connect this dis cussion with that of the pretension raised by France, on the construction given by her to the 8th article of the Louisiana cession treaty. The difference in the nature and character of the two interests is such that they cannot, with propriety, be blended together. The claims are of reparation to individuals for their property, taken from them by manifest and undisputed wrong. The question upon the Louisiana treaty is a question of right, upon the meaning of a contract. It has been fully, de liberately, and thoroughly investigated, and the govern ment of the United States are under the entire and solemn conviction that the pretension of France is utterly unfounded. We are, nevertheless, willing to resume the discussion, if desired by France; but, to refuse justice to individuals, unless the United States will accede to the construction of an article in a treaty, contrary to what they believe to be its real meaning, would be not only incompatible with the principles of equity, but submit ting to a species of compulsion derogatory to the honor of the nation."

Extract of a letter (No. 2) from James Brown, Envoy Er·
traordinary and Minister Plenipotentiary of the United
States, dated
"28th April, 1824.

But these two subjects are essentially dissimilar; there
are no points of connection between them; the princi-
ples upon which they depend are totally different; they
have no bearing upon each other, and the justice which is "I have, in a letter to M. de Chateaubriand, copy of
due to individuals ought not to be delayed, or made de- which I have now the honor to send, made an effort to

18th CONGRESS,}

Negotiations with France.

[H. of R.

separate the claims of our citizens from the Louisiana volve, in the same investigation, the indisputable rights question."

Mr. Brown to M. de Chateaubriand.

PARIS, 28th April, 1824. SIR: In the conference with which your Excellency honored me a few days ago, I mentioned a subject deeply interesting to many citizens of the United States, on which I have been instructed to address your Excellency, and to which I earnestly wish to call your immediate attention.

of American citizens to indemnity for losses, and the
doubtful construction of a treaty, can have no other ef
fect than to occasion an indefinite postponement of the
reparation due to individuals, or a sacrifice on the part of
the government of the United States of a treaty stipula
tion, in order to obtain that reparation. The United
States would hope that such an alternative will not be
pressed upon them by the government of his majesty.
Whilst I indulge a hope that the course to which f
have objected, will no longer be insisted on by his ma

the sincere assurance that the United States earnestly
desire that every subject of difference between the two
countries should be amicably adjusted, and all their re
lations placed upon the most friendly footing. Although
they believe that any further discussion of the 8th article
of the Louisiana treaty would be wholly unprofitable,
they will be, at all times, ready to renew the discussion
of that article, or to examine any question which may re
main to be adjusted between them and France.
I request your excellency to accept, &c.

It is well known to your Excellency that my predeces-jesty's ministers, permit me to renew to your excellency sor, Mr. Gallatin, during several years, made repeated and urgent applications to his majesty's government for the adjustment of claims to a very large amount, affecting the interests of American citizens, and originating in gross violations of the law of nations, and of the rights of the United States, and that he never could obtain from France, either a settlement of those claims, or even an examination and discussion of their validity. To numerous letters addressed by him to his majesty's ministers, on that subject, either noanswers were given, or answers which had for their only object to postpone the investi JAMES BROWN. gation of the subject. Whilst, however, he indulged His exc'y VISCOUNT DE CHATEAUBRIAND, the hope that these delays would be abandoned, and that Minister of Foreign Affairs, &c. the rights of our citizens, which had been urged for so many years, would at length be taken up for examina- Extract of a letter (No. 3) from James Brown to the S tion, he learned, with surprize and regret, that his majesty's government had determined to insist that they should be discussed in connection with the question of the construction of the 8th article of the Louisiana treaty of cession. Against this determination he strongly, but ineffectually, remonstrated, in a letter to Mr. de Villele, dated the 12th November, 1822.

tary of State, dated

[TRANSLATION.]

PARIS, 11th May, 1824. "I have the honor to enclose a copy of the answer of the Minister of Foreign Affairs to the letter which I ad dressed to him on the 27th ultimo, upon the subject of the claims of our citizens against the French government You will perceive that no change has been made in the It is notorious that the government of the United determination expressed to Mr. Gallatin, of connecting States, whenever requested by that of his majesty, have in the same discussion the question on the 8th article of uniformly agreed to discuss any subject presented for the Louisiana treaty of cession, and the claims of the their consideration, whether the object has been to ob- citizens of the United States against France. In express tain the redress of public or private injuries. Acting up-ing this resolution, it has not been considered necessary on this principle, the question of the 8th article of the even to notice the arguments made use of to induce them Louisiana treaty was, upon the suggestion of the minis- to adopt a different opinion." ter of France, made the subject of a voluminous correspondence, in the course of which all the arguments of the parties, respectively, were fully made known to each other and examined. The result of this discussion has been a thorough conviction on the part of the govern ment of the United States, that the construction of that article of the treaty contended for by France is destitute of any solid foundation, and wholly inadmissible. After a discussion so full as to exhaust every argument on that question, the attempt to renew it in connection with the question of the claims of our citizens, appeared to the government of the United States to be a measure so contrary to the fair and regular course of examining controverted points between nations, that they instructed Mr. Sheldon, their charge d'affaires, to prepare and present a note, explaining their views of the proceeding, which he delivered on the 11th of October, 1823. To this note no answer has ever been received.

I have the express instructions of the government again to call the attention of that of his majesty to this subject, and to insist that the claims of our citizens may continue to be discussed as a distinct question, without connecting it in any way with the construction of the Louisiana treaty. The two subjects are, in every respect, dissimilar. The difference in the nature and character of the two interests is such as to prevent them from being blended in the same discussion. The claims against France are of reparation to individuals for their property taken from them by undisputed wrong and injustice. The claim of France under the treaty, is that of a right founded on a contract In the examination of these questions, the one can impart no light to the other: they are wholly unconnected, and ought, on every principle, to undergo a distinct and separate examination. To in

Viscount Chateaubriand to Mr. Brown.

PARIS, 7th May, 1824.

SIR: The object of the letter which you did me the honor to address to me on the 28th of April, is to recall the affair of American claims, already repeatedly called up by your predecessors, that they may be regulated by an arrangement between the two pow ers, and that, in this negotiation, the examination of the difficulties which were raised about the execution of the 8th article of the Louisiana treaty should not be included.

Although the claims made by France, upon this last point, be of a different nature from those of the Ameri cans, yet no less attention ought to be paid to arrange both in a just and amicable manner.

Our claims upon the 8th article had already been laid before the federal government by his Majesty's Plen potentiary, when he was negotiating the commercial convention of 24th June, 1822.

The negotiators not agreeing upon a subject so im portant, the King's government did not wish this dif culty to suspend, any longer, the conclusion of an atrangement which might give more activity to commerce, and multiply relations equally useful to the two powers. It reserves to itself the power of comprehending this object in another negotiation, and it does not renounce, in any manner, the claim which it urged.

It is for this reason, sir, that my predecessors and my self have constantly insisted, that the arrangements to be made upon the 8th article of the Louisiana treaty, should be made a part of those which your government

[blocks in formation]

were desirous of making, upon other questions still at issue.

It is the intention of his Majesty not to leave unsettled any subject of grave discussion between the two states; and the King is too well convinced of the friendly sentiments of your government not to believe, that the United States will be disposed to agree with France on all the points.

[ H. of R.

8th article of the Louisiana treaty, in any manner which may be desired, and by which they shall not be understood to admit that France has any claim under it whatever."

Mr. Brown to Mr. Adams-No. 12.

PARIS, August 12, 1824. His Majesty authorizes me, sir, to declare to you, that SIR: Some very unimportant changes have taken a negotiation will be opened with you upon the Ame-place in the composition of the Ministry. The Baron rican claims, if this negotiation should also include the de Damas, late Minister of War, is now Minister of FoFrench claims, and particularly the arrangements to be reign Affairs; the Marquis de Clermont Tonnese is apconcluded concerning the execution of the 8th article of pointed to the Department of War; and the Count Chathe Louisiana Treaty. brol de Crousal to that of the Marine.

Accept, sir, the assurances of the very distinguished consideration with which I have the honor to be, &c. CHATEAUBRIAND.

Extracts of a letter (No. 4,) from the Secretary of State former administrations. The interpretation of the 8th to Mr. Brown, dated

DEPARTMENT OF STATE,
Washington, Aug. 14, 1824.

"The subject which has first claimed the attention of the President has been, the result of your correspondence with the Viscount de Chateaubriand, in relation to the claims of numerous citizens of the United States upon the justice of the French government.

"I'enclose, herewith, a copy of the report of the Committee of Foreign Relations of the House of Representatives, upon several petitions addressed to that body at their last session, by some of those claimants; and a resolution of the House, adopted thereupon.

"The President has deliberately considered the purport of M. de Chateaubriand's answer to your note of the 28th of April, upon this subject; and he desires that you will renew, with earnestness, the application for indemnity to our citizens, for claims notoriously just, and resting upon the same principle with others which have been admitted and adjusted by the government of France."

These appointments are believed to correspond with the wishes of the President of the Council of Ministers, and do not inspire a hope that our claims will be more favorably attended to than they have been under the article of the Louisiana treaty, contended for by France, will, I apprehend, be persisted in, and all indemnity refused until it shall have been discussed and decided.After the correspondence which has already passed upon that article, it would appear that any further discussion upon it would be wholly unprofitable. With a view, however, of ascertaining the opinions of the Minister of Foreign Affairs, I shall, at an early day, solicit a conference with him, and inform you of the result.

I have had the honor of receiving your letter, recommending the claim of Mr. Kingston to my attention. The difficulties which that claim must experience, from its antiquity, and from the operation of the treaty of 1803, cannot have escaped your observation. It has also to encounter, in common with all our claims, the obstacle presented by the 8th article, which is found broad enough to be used as a shield to protect France, in the opinion of Ministers, from the examination and adjustment of any claim which we can present. I have the honor to be, with great respect, sir, your most obedient and humble servant,

JAMES BROWN.

"In the note of the Viscount de Chateaubriand to you, of 7th May, it is said, that he is authorized to declare, Mr. Brown to Mr. Adams-No. 14. a negotiation will be opened with you, upon the AmeriPARIS, September 28, 1824. can claims, if this negotiation should also include French SIR: Little has occurred, of importance, during the claims, and particularly the arrangements to be conclud-present month, except the death of the King. This ed concerning the execution of the 8th article of the Louisiana treaty."

"You are authorized, in reply, to declare, that any just claims which subjects of France may have upon the government of the United States, will readily be included in the negotiation; and to stipulate any suitable provision for the examination, adjustment, and satisfaction of them."

[ocr errors]

event had been anticipated for nearly a year; he had declined gradually, and the affairs of the government have been, for some time, almost wholly directed by Monsieur, who, on his accession to the throne, has declared that his reign would be only a continuation of that of the late King. No change in the policy of the Government is expected, and probably, none in the composition of the Ministry. The present King is satisfied with Mr. de Villele, who is at its head, and if any of its members should be changed, the spirit in which public affairs are directed will not, it is believed, be affected by that circumstance.

"But the question relating to the eighth article of the Louisiana treaty is not only of a different character-it cannot be blended with that of indemnity for individual claims, without a sacrifice, on the part of the United States, of a principle of right. The negotiation for in- The ceremonies attending the change of the crown, demnity presupposes that wrong has been done; that have principally occupied the public attention for the indemnity ought to be made; and the object of any last fortnight. It will, I presume, be officially announc treaty stipulation concerning it can only be, to ascertained by the French Minister at Washington, and, accordwhat is justly due, and to make provision for the pay-ing to the forms observed here, will, I understand, rement of it By consenting to connect with such a nego- quire fresh letters of credence for all foreign Ministers tiation that relating to the 8th article of the Louisiana at this court, addressed to the new King. convention, the United States would abandon the prin ciple upon which the whole discussion concerning it depends. The situation of the parties to the negotiation would be unequal. The United States, asking reparation for admitted wrong, are told that France will not discuss it with them, unless they will first renounce their own sense of right, to admit, and discuss with it, a claim, the justice of which they have constantly denied."

My health has not permitted me (having been confin. ed, for some weeks, to the bed by a rheumatic affection,) to confer with the Baron de Damas on our affairs, since his appointment as Minister of the Foreign Department. I should regret this the more, if I were not satisfied that the same impulse will direct the decisions of the Government, upon these points, now, as before he had this Department in charge, and that no favora"The government of the United States is prepared to able change, in those decisions, can be expected from renew the discussion with that of France, relating to the lany personal influence which might be exerted by the

18th CONGRESS,

Negotiations with France.

new Minister. I shall, however, take the earliest opportunity that my health will allow, to mention the subject to him, and ascertain what his views of it are.

I have the honor to be, with great respect, sir, your most obedient and humble servant, JAMES BROWN.

[H. of R

also include French claims, and particularly the a rangements to be concluded concerning the 8th article of the Louisiana treaty, I have been instructed to de clare, that any just claims which the subjects of France may have upon the government of the United States will readily be embraced in the negotiation; and that I am authorized to stipulate any suitable provision fo

Extracts of a letter from Mr. James Brown to Mr. the examination, adjustment, and satisfaction of them.

Adams.-No. 16.

"PARIS, October 23, 1824.

The question relating to the 8th article of the Louis ana treaty, is viewed by my government as one of a very different character. It cannot be blended with tha: indemnity for individual claims, without a sacrifice, the part of the United States, of a principle of righ Every negotiation for indemnity necessarily presuppos that some wrong has been done, and that indemnity ought to be made; and the object of every treaty-stipe lation respecting it, can only be to ascertain the exte of the injury, and to make provision for its adequate paration. This is precisely the nature of the negotiation for American claims which has been for so many years t subject of discussion between the governments of the "The recent changes which have been made in the United States and of France. The wrongs done to our ministry, of which I have already informed you, do not tizens have never been denied, whilst their right to justify any very strong expectation that a change of demnity has been established by acts done by measures, in relation to our affairs at this court, will fol- French Government in cases depending upon the same low. The same individuals fill different places in the principles under which they derive their claim. By ministry from those which they formerly held, but, in consenting to connect with such a negotiation that re all probability, adhere to their former opinions in rela-lating to the 8th article of the Louisiana treaty, the Un tion to the subjeets of discussion between the United ed States would abandon the principle upon which the States and France. On the point to which my letter to whole discussion depends. When asking for reparation the Baron de Damas particularly relates, the Count de for acknowledged wrong, the United States have bee Villele has already given his deliberate views in his let- told that France will not discuss it with them, unie ters to Mr. Gallatin, dated 6th and 15th November, they will first renounce their own sense of right, and ad1822, and I have every reason to believe that they remain mit and discuss, in connection with it, a claim, the jas unchanged. Having bestowed much attention on the tice of which they have hitherto constantly denied. subject, it is probable his opinion will be, in a great mea- any negotiation commenced under such circumstances sure, decisive as to the answer which shall be given to the situation of the parties would be unequal. By ca my letter. It is the opinion of many well-informed senting to connect the pretensions of France under the men, that, in the course of a few months, important 8th article of the Louisiana treaty, with claims for inden changes will be made in the composition of the minis nity for acknowledged injustice and injury, the United try. As these changes, however, will proceed from States would be understood as admitting that those pre causes wholly unconnected with foreign affairs, I am by to France, for which reparation ought to be made. The tensions were well founded; that wrong had been done no means sanguine in my expectations, that, under any new composition of the ministry, we may hope for a change government of the United States, not having yet bee of policy as it relates to our claims. The 8th article of convinced that this is the case, cannot consent to any the Louisiana treaty will be continually put forward as a arrangement which shall imply an admission so con bar to our claims, and its adjustment urged as often as trary to their deliberate sense of right. we renew our claim for indemnity."

"The packet ship which sailed from New York on the 1st of September, brought me the letter which you did me the honor to address to me on the 14th of August."

"In conformity with the instructions contained in that letter, I have addressed one to the Baron de Damas, Minister of Foreign Affairs, a copy of which I now enclose. I expect to receive his answer in time to be sent by the packet which will sail from Havre on the 1st of next month, in which event it may probably reach Wash ington about the 15th of December."

"The Journal des Debats, of this morning, states, that, at a superior Council of Commerce and of the Colonies, at which his Majesty yesterday presided, Mr. de St. Cricq, President of the Bureau de Commerce, made a report on the commercial convention of the 24th June, 1822, between the United States and France."

Mr. Brown to Baron de Damas.

PARIS, 22d October, 1824. SIR: I availed myself of the earliest opportunity to transmit to my government a copy of the letter which I had the honor to address to the Viscount de Chateaubriand, on the 28th day of April last, together with a copy of his answer to that letter, dated 7th of May.

I am authorized and prepared, on behalf of the Unite States, to enter upon a further discussion of the 8th art” cle of the Louisiana treaty, in any manner which may be desired, and by which they shall not be understood pre viously to admit that the construction of that article, claimed by France, is well founded; and also to rene the separate negotiation for American claims, embracin at the same time, all just claims which French subjec may have upon the government of the United States.

The change which has lately taken place in his majes ty's department of foreign affairs, encourages the hope that this important subject will be candidly reconsider ed; that the obstacles which have arrested the progres of the negotiation may be removed; and that the subject of contestation between the two governments may be ultimately adjusted upon such principles as may perpe After a candid and deliberate consideration of the sub-tuate the good understanding and harmony which have ject of that correspondence, my government has sent me recent instructions to renew with earnestness the application,already so frequently and so uneffectually made,for indemnity to our citizens for claims notoriously just, and resting on the same principles with others which have been admitted and adjusted by the government of

[blocks in formation]

so long subsisted between the United States and France. Should I, however, be disappointed in the result of this application, it is to be seriously apprehended that, the United States have not hitherto seen, in the cour of the discussion, any just claim of France, arising from the 8th article of the Louisiana treaty, so, in the perse vering refusal of the French government to discuss an adjust the well-founded claims of citizens of the United States to indemnity for wrongs, unless in connection with one which they are satisfied is unfounded, the United

[blocks in formation]

tates will ultimately perceive only a determination to eny justice to the claimants.

Permit me, respectfully, to request, that, at as early a
y as your convenience will allow, your excellency will
vor me with an answer to this letter.

I embrace, with pleasure, this occasion to offer to
ur excellency the renewed assurance, &c.
JAMES BROWN.

s Excellency BAROn de Damas,

Minister of Foreign Affairs, &c.

tter from the Comptroller of the Treasury to the Chairman of the Committee of Commerce, upon the subject of licensing, enrolling, and exacting a Tonnage Duty on Canal boats or vessels.

TREASURY DAPARTMENT,

Comptroller's Office, 31st December, 1824.

In: The Secretary of the Treasury has referred to your letter to him of the 19th instant, enclosing a reition of the Legislature of New York, on the subject anal boats, in relation to which you submit the foling points for the consideration of this Department, st. "In what manner, if in any, will the collection of revenue be affected by admitting boats which are loyed solely in navigating canals, to navigate the e without taking out licenses, or enrolments and lises ?

d. "Should such boats be admitted to navigate cawithout licenses, or enrolments and licenses, that a communication with lakes or bays, which open a ct intercourse with the territorial possessions or coloof a foreign power or state, what provisions, if any, be necessary to prevent smuggling, or violations of laws providing for the collection of the revenue acng from duties levied on merchandise imported into United States, from such territorial possessions or

nies?"

[H. of R.

shipper or consignee, and the quantity shipped by, and
to each; and if there be a collector, or other officer of
miles
the customs residing at such port, or within
thereof, he shall deliver such manifests to such collector
or other officer of the customs, before whom he shall
swear or affirm, to the best of his knowledge and belief,
that the foreign goods composing part of his cargo, and
specified in such manifests, were legally imported, and
the duties thereon paid, or secured to be paid; where-
upon the collector or other officer of the customs, shall
certify the same on the said manifests, one of which he
shall return to the said master with a permit, specifying
thereon, generally, the whole of the lading on board
such vessel, distinguishing the foreign from the domestic
part, and authorizing him to proceed to the port of his

destination.

2. That, if any boat or vessel, registered or licensed, so employed and destined as aforesaid, whether laden with domestic or foreign goods, wares, or merchandise, or in part of one and in part of the other of the said de scriptions of goods, wares, or merchandise, should depart from the port where she may then be, without the master or commander having first made out and subscribed duplicate manifests of the lading on board such boat or vessel, and in case there be a collector, or other officer of the customs residing at such port, or within miles thereof, without having previously delivered the same to the said collector, or other officer of the customs, and obtaining a permit in manner before described, such master or commander shall forfeit and pay dollars.

3. The master of every boat or vessel, registered or licensed, employed and destined as aforesaid, laden with either domestic or foreign goods, wares, or merchandise, or in part of one, and in part of the other of said descriptions of goods, and arriving at a port or place at which canal boats receive their lading, to be conveyed from one part of a canal to another part thereof, should, previous to the unlading of any part of the cargo of such boat or vessel, deliver to the collector or other offi cer of the customs, residing at the port of her arrival, reply to the first question, I have to observe, that the manifest of the cargo, certified by the collector or should be thought proper to exempt canal boats other officer of the customs, from whence she sailed, (if I taking out licenses, or enrolments and licenses, there be such manifest,) otherwise the duplicate manisuch exemption be confined to such boats only as fests thereof, as before directed, to the truth of which, exclusively employed within the limits of the canals, before such officer, he shall swear or affirm. And it not perceived that such a regulation would affect there shall have been taken on board such boat or vescollection of the revenue in any manner whatever, sel, any other or more goods than are contained in such then, the exemption be restricted to boats thus em- manifests, subsequently to her departure from the port red, I have to observe, in reply to the second ques- from whence she first sailed, the same kind of manifests propounded, that, to prevent impositions on the re- and the same proceedings ought to be had in relation ue, the following additional precautionary measures to such additional cargo, at such port as at the first port nd of the existing laws may be necessary, in rela- of departure; and in case there shall have been landed to the boats or vessels which may bring the goods, any goods, wares, or merchandise, at any intermediate es, and merchandise, to the places of deposite at port between such port and the port or place at which ch the canal boats will take in their lading. canal boats take in their lading, a certificate ought to be That the master or commander of every boat or produced from the collector or other officer of the cussel, whether registered or licensed, engaged in the toms, residing at such intermediate port, if there be sting trade on lakes, bays, gulfs, or rivers, which such officer, and if not, but one be residing within n a direct intercourse with the territorial possessions miles thereof, then from such officer, specifying the colonies of any foreign power or state, and into which kind and quantity of such goods so landed, the place es, bays, gulfs, or rivers, there is a canal communi- where taken on board, together with the numbers and ion, should, on being destined from one port of the marks of the casks, bags, boxes, chests, packages, &c.; States to another port thereof, (if the latter be a port and in case there shall be no such officer residing at place at which the canal boats take in their lading,) such port, nor within miles thereof, then the ore her departure from the port at which she may be, master or commander ought to make out a particular ke out and subscribe duplicate manifests of the whole list of the goods so landed at such intermediate port, to the cargo on board of such boat or vessel, as well of that the truth of which he ought to swear or affirm. Wheret consisting of domestic as of that part consisting of fo- upon, the collector or other officer of the customs, residgn goods, wares, or merchandise, if of both kids, spe-ing at the port or place at which the canal boats take in ing in such manifests what part consists of foreign, their lading, should grant a permit for unlading thereat, 1 what part of domestic goods, together with the a part or the whole of such cargo, as the said master or rks and numbers of every cask, bag, chest, package, commander may request; and in case he should neglect of each description of goods, as well domestic as or refuse to comply with any of these regulations, he eign, with the name and place of residence of every ought to forfeit and pay dollars,

« ForrigeFortsett »