« ForrigeFortsett »
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 hav. ing 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 subject 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 I might make, would be received and treated with all the attention to which it was entitled, on his part.”
..Mr. Sheldon to the Wiscount de Chateaubriand. PARIs, 11th Oct. 1823. Sm: Mr. Gallatin, during his residence as Minister of the United States in France, had, upon various occaions, called the attention of his Majesty’s government to the claims of our citizens for the reparation of wrongs ustained by them, from the unjust seizure, detention, and confiscation, of their property, by officers and agents icting under authority of the government of France.— During the past year, his Majesty's ministers had conented to enter upon the consideration of these claims, hit they proposed to couple with it another, subject, aving no connexion with those claims, either in its naore, its origin, or the principles on which it depended– Question of the disputed construction of one of the aricles of the treaty of cession of Louisiana, by virtue of which France claimed certain commercial privileges in he ports of that province. Mr. Gallatin had not reoved from his government any authority to connect hese two dissimilar subjects in the same negotiation, or odeed to treat upon the latter, which had already been ery amply discussed at Washington, between the Seretary of State of the United States, and his Majesty's minister at that place, without producing any result, exopt a conviction, on the part of the government of the oited States, that the privileges for French vessels, as himed by the Minister of France, never could have *en, and were not in fact, conceded by the treaty in Motion. A stop was then put to the negotiations al*ly commenced in relation to the claims, and with 'hich had been united, on the proposition of the French overnment, and as being naturally connected with it, * consideration of certain claims of French citizens on * Government of the United States. !he charge d'affaires of France at Washington has *}, on behalf of his government, expressed, to that of *United States, a wish that this double negotiation otbe resumed, and that a definitive arrangement "got be made, as well in relation to the disputed artiof the Louisiana treaty, as of the subject of the hims upon the one side, and upon the other. The Goonment of the United States has nothing more at heart *To remove, by friendly arrangements, every subject ofference which may exist between the two coun** and to examine, with the greatest impartiality and 004 faith, as well the nature and extent of the stipula* into which they have entered, as the appeals to * justice made by individuals claiming reparation o supposed to have been sustained at their
out these two subjects are essentially dissimilar; there *"points of connection between them ; the princiopen which they depend are totally different; they **bearing upon each other, and the justice which is **individuals ought not to be delayed, or made de
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 go
vernment 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. greater merit or stronger titles to admission, presented 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 mement in which the government of France could consent to enter upon their consideration.
Similar reclamations, without
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 can be thrown upon it, to discuss the subject farther, whenever it shall be presented anew by France to their consideration. ing it with the claims, not only will no progress be made 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.
But they are convinced that, by blend.
I am instructed to bring them anew before your Ex
cellency, 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.
“You will, at the same time, explicitly make known
that this Government cannot consent to connect this discussion 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. 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. liberately, and thoroughly investigated, and the government 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.”
It has been fully, de
separate the claims of our citizens from the Louisiana question.”
JMr. Brown to . M. de Chateaubriand. PAars, 28th. April, 1824. SIn : 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, It is well known to your Excellency that my predecessor, 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 no answers were given, or answers which had for their only § to postpone the investi gation of the subject. Whilst, however, he indulged the hope that these delays would be abandoned, and that the rights of our citizens, which had been urged for so many years, would at length be taken up for examination, 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 Willele, dated the 12th November, 1822. It is notorious that the government of the United States, whenever requested by that of his majesty, have uniformly agreed to discuss any subject presented for their consideration, whether the object has been to obtain the redress of public or private injuries. Acting upon this principle, the question of the 8th article of the Louisiana treaty was, upon the suggestion of the minister 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 government 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 centrary 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
volve, in the same investigation, the indisputable rights of American citizens to indemnity for losses, and the doubtful construction of a treaty, can have no othere; 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 stipuh, 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 have objected, will no longer be insisted on by hism, jesty's ministers, permit me to renew to your excellen the sincere assurance that the United States earnes desire that every subject of difference between the to countries should be amicably adjusted, and all their to 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 discusso. of that article, or to examine any question which mayr main to be adjusted between them and France. I request your excellency to accept, &c. JAMES BROWN His exc'y Wiscount pro Chateau Bn1Ann, JMinister of Foreign Affairs, &c.
Ertract of a letter (JVo. 3_) from James Brown to the Stary of State, dated - PARIs, 11th.May, 1824. “I have the honor to enclose a copy of the answer? the Minister of Foreign Affairs to the letter which I a. dressed to him on the 27th ultimo, upon the subject: the claims of our citizens against the French governme. You will perceive that no change has been made into determination expressed to Mr. Gallatin, of connecting in the same discussion the question on the 8th article: the Louisiana treaty of cession, and the claims of the citizens of the United States against France. In expres ing this resolution, it has not been considered necesso even to notice the arguments made use of to induce then to adopt a different opinion.” [TRANslation.] Wiscount Chateaubriand to JMr. Brown. PARIs, 7th May, 1824 Sin . The object of the letter which you did to the honor to address to me on the 28th of April is to recall the affair of American claims, already re. peatedly called up by your predecessors, that they no be regulated by an arrangement between the two po ers, and that, in this negotiation, the examination oft” difficulties which were raised about the execution” the 8th article of the Louisiana treaty should not be in cluded. Although the claims made by France, upon this lo point, be of a different nature from those of the Amto cans, yet no less attention ought to be paid to arrano both in a just and amicable manner. our claims upon the 8th article had already beenho before the federal government by his Majesty's Pleo. potentiary, when he was negotiating the commer" convention of 24th June, 1822. The negotiators not agreeing upon a subject so portant, the King's government did not wish this d culty to suspend, any longer, the conclusion of an * rangement which might give more activity to comme” and multiply relations equally useful to the two powo, It reserves to itself the power of comprehending * object in another negotiation, and it does not renoun” in any manner, the claim which it urged. It is for this reason, sir, that my predecessors and myo self have constantly insisted, that the arrangemen"." be made upon the 8th article of the Louisiana to
should be made a part of those which your gover”
8th CoNGREss, : 2d Session. rere desirous of making, upon other questions still at ssue. It is the intention of his Majesty not to leave unsettled my subject of grave discussion between the two states; nd the King is too well convinced of the friendly senments of your government not to believe, that the inited States will be disposed to agree with France on || the points. His Majesty authorizes me, sir, to declare to you, that negotiation will be opened with you upon the Amecan claims, if this negotiation should also include the rench claims, and particularly the arrangements to be oncluded concerning the execution of the 8th article of he Louisiana Treaty. Accept, sir, the assurances of the very distinguished onsideration with which I have the honor to be, &c. CHATEAUBRIAND.
ortracts of a letter (No. 4.) from the Secretary of State to Mr. Brown, dated
DEPARTMENT of STATE, Washington, Aug. 14, 1824.
"The subject which has first claimed the attention of he President has been, the result of your correspond. nce with the Viscount de Chateaubriand, in relation to he claims of numerous citizens of the United States pon the justice of the French government. “I'enclose, here with, a copy of the report of the Comitee of Foreign Relations of the House of Representa**, upon several petitions addressed to that body at firlast session, by some of those claimants; and a reolution of the House, adopted thereupon. "The President has deliberately considered the pur. ort of M. de Chateaubriand’s answer to your note of **h of April, upon this subject; and he desires that on will renew, with earnestness, the application for in*nity to our citizens, for claims notoriously just, and *ing upon the same principle with others which have on admitted and adjusted by the government of rance.” "In the note of the Viscount de Chateaubriand to you, *7th May, it is said, that he is authorized to declare, negotiation will be opened with you, upon the Ameri* claims, if this negotiation should also include French ms, and particularly the arrangements to be concludoncerning the execution of the 8th article of the *isiana treaty.” "You are authorized, in reply, to declare, that any *claims which subjects effrance may have upon the *rnment of the United States, will readily be includ*"the negotiation; and to stipulate any suitable proo o, the examination, adjustment, and satisfaction em. "But the question relating to the eighth article of the *iana treaty is not only of a different character—it * be blended with that of indemnity for individual * without a sacrifice, on the part of the United **, of a principle of right. The negotiation for in*y presupposes that wrong has been done; that *nity ought to be made; and the object of any *y stipulation concerning it can only be, to ascertain ** justly due, and to make provision for the payo "it isy consenting to connect with such a nego. * that relating to the 8th article of the Louisiana olon, the United States would abandon the prino which the whole discussion concerning it deo The situation of the parties to the negotiation ion o unequal. The United States, asking reparalist "...adolitted wrong, are told that France will not o it with them, unless they will first renounce their o sense of right, to admit, and discuss with it, a claim, olice of which they have constantly denied.” on. Koernment of the United States is prepared to *the discussion with that of France, relating to the
Negotiations with France.
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.”
JMr. Brown to JMr. Adams–No. 12.
Srn 3 Some very unimportant changes have taken place in the composition of the Ministry. The Baron de Damas, late Minister of War, is now Minister of Foreign Affairs; the Marquis de Clermont Tonnese is appointed to the Department of War; t nd the Count Chabrol de Crousal to that of the Marine.
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 former administrations. The interpretation of the 8th 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,
..Mr. Brown to JMr. Adams—No. 14.
Sin: Little has occurred, of importance, during the present month, except the death of the King. This event had been anticipated for nearly a year; he had declined gradually, and the affairs of the government have been, for some time, almost whelly 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.
The ceremonies attending the change of the crown, have principally occupied the public attention for the last fortnight. It will, I presume, be officially announced by the French Minister at Washington, and, accord. ing to the forms observed here, will, 1 understand, require fresh letters of credence for all foreign Ministers at this court, addressed to the new King.
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 Depart. ment. 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 favoraable change, in those decisions, can be expected from any personal influence which might be exerted by the
new Minister. I shall, however, take the earliest oppor-
Ectracts of a letter from . Mr. James Brown to . Mr.
“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 recent changes which have been made in the ministry, of which I have already informed you, do not justify any very strong expectation that a change of measures, in relation to our affairs at this court, will follow. The same individuals fill different places in the ministry from those which they formerly held, but, in all probability, adhere to their former opinions in relation to the subjeets of discussion between the United States and France. On the point to which my letter to the Baron de Damas particularly relates, the Count de Villele has already given his deliberate views in his letters to Mr. Gallatin, dated 6th and 15th November, 1822, and I have every reason to believe that they remain unchanged. Having bestowed much attention on the subject, it is probable his opinion will be, in a great measure, decisive as to the answer which shall be given to my letter. It is the opinion of many well-informed men, that, in the course of a few months, important changes will be made in the composition of the minis try. As these changes, however, will proceed from causes wholly unconnected with foreign affairs, I am by no means sanguine in my expectations, that, under any new composition of the ministry, we may hope for a change of policy as it relates to our claims. The 8th article of the Louisiana treaty will be continually put forward as a bar to our claims, and its adjustment urged as often as we renew our claim for indemnity.” “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.”
JMr. Brown to Baron de Damas.
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 Wiscount de Chateau. briand, on the 28th day of April last, together with a copy of his answer to that letter, dated 7th of May.
After a candid and deliberate consideration of the subject of that correspondence, my government has sent me recent instructions to renew with earnestness the application, already so frequently and so uneflectually made,for indemnity to our citizens for claims notoriously just, and resting on the same ...'. with others which bave been admitted and adjusted by the government of orance.
In reply to that part of the Wiscount de Chateaubriand's letter, in which he offers to open with me a nego*ation upon American claims, if that negotiation should
also include French claims, and particularly the rangements to be concluded concerning the 8th ar. of the Louisiana treaty, I have been instructed to clare, that any just claims which the subjects of Frn may have upon the government of the United so will readily be embraced in the negotiation; and I am authorized to stipulate any suitable provision the examination, adjustment, and satisfaction of them. The question relating to the 8th article of the Lou ana treaty, is viewed by my government as one of ay 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 r Every negotiation for indemnity necessarily presuppo that some wrong has been done, and that indemo ought to be made; and the object of every treaty-st; lation respecting it, can only be to ascertain the exts of the injury, and to make provision for its adequate paration. This is precisely the nature of the negotia: for American claims which has been for so many years subject of discussion between the governments of United States and of France. The wrongs done to our tizens have never been denied, whilst their right of demnity has been established by acts done by French Government in cases depending upon thes principles under which they derive their claim. consenting to connect with such a negotiation that: lating to the 8th article of the Louisiana treaty, the t ed States would abandon the principle upon which whole discussion depends. When asking for rehan's for acknowledged wrong, the United States have bo told that France will not discuss it with them, unlo they will first renounce their own sense of right, and mit and discuss, in connection with it, a claim, the jo tice of which they have hitherto constantly denied any negotiation commenced under such circumstant the situation of the parties would be unequal. By & senting to connect the pretensions of France under to 8th article of the Louisiana treaty, with claims for indo nity for acknowledged injustice and injury, the Unio States would be understood as admitting that those so tensions were well founded; that wrong had been to to France, for which reparation ought to be made." government of the United States, not having yetb* convinced that this is the case, cannot consent to * arrangement which shall imply an admission so to trary to their deliberate sense of right. I am authorized and prepared, on behalfosthe lo States, to enter upon a further discussion of the ** cle of the Louisiana treaty, in any manner which mo desired, and by which they shall not be understood o viously to admit that the construction of that aro claimed by France, is well founded; and also toro" the separate negotiation for American claims, embros at the same time, all just claims which French subo may have upon the government of the United Stao The change which has lately taken place in his moo ty's department of foreign affairs, encourages the ". that this important subject will be candidly recono ed; that the obstacles which have arrested the Pro" of the negotiation may be removed; and that the subjeo of contestation between the two governments no ultimately adjusted upon such principles as may Po tuate the good understanding and harmony who huts so long subsisted between the United States and F** Should I, however, be disappointed in the o this application, it is to be seriously apprehendo!". the United States have not hitherto'seen, in the o: of the discussion, any just claim of France, arising". the 8th article of the fouisiana treaty, so, in the Po. vering refusal of the French government to o: adjust the well-founded claims of citizens of the "" o States to indemnity for wrongs, unlessin conno" o one which they are satisfied is unfounded, the ""
Duty on Canal Boats.
18th Congress, 2d Session. States will ultimately perceive only a determination to leny Justice to the claimants. Permit me, respectfully, to request, that, at as early a by as your convenience will allow, your excellency will worne with an answer to this letter. I embrace, with pleasure, this occasion to offer to our excellency the renewed assurance, &c. JAMES BROWN. is Excellency BARox de DAMAs, .Minister of Foreign. Affairs, &c.
otter 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.
Tue Asuny DAPARTMENT, Comptroller’s Office, 31st December, 1824.
Sin: The Secretary of the Treasury has referred to *Your letter to him of the 19th instant, enclosing a reown of the Legislature of New York, on the subject canal boats, in relation to which you submit the folMing points for the consideration of this Department,
lot. “In what manner, if in any, will the collection of *Revenue be affected by admitting boats which are ployed solely in navigating canals, to navigate the o: out taking out licenses, or enrolments and liots
* “Should such boats be admitted to navigate cakwithout licenses, or enrolments and licenses, that ** communication with lakes or bays, which open a *Intercourse with the territorial possessions or colo** a foreign power or state, what provisions, if any,
shipper or consignee, and the quantity shipped by, and to each ; and if there be a collector, or other officer of the customs residing at such port, or within - miles 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; whereupon 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 descriptions 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
be necessary to prevent smuggling, or violations of laws providing for the collection of the revenue ac*g from duties levied on merchandise imported into o: States, from such territorial possessions or its
"reply to the first question, I have to observe, that should be thought proper to exempt canal boats | **king out licenses, or enrolments and licenses, *ch exemption be confined to such boats only as *clusively employed within the limits of the canals, ** Perceived that such a regulation would affect *lection of the revenue in any manner whatever, * the exemption be restricted to boats thus em. * I have to observe, in reply to the second quesPopounded, that, to prevent impositions on the re* the following additional precautionary measures * of the existing laws may be necessary, in rela: "the boats or vessels which may bring the goods, **nd merchandise, to the places of deposite at *he canal boats will take in their lading. That the master or commander of every boat or * whether registered or licensed, engaged in the * trade on lakes, bays, gulfs, or rivers, which **direct intercourse with the territorial possessions olonies of any foreign power or state, and into which **ys, gulfs, or rivers, there is a canal communi* should, on being destined from one port of the *es to another port thereof, (if the latter be a port * at which the canal boats take in their lading,) *her departure from the port at which she may be, **and subscribe duplicate manifests of the whole **argo on board of such boat or vessel, as well of that *ting of domestic as of that part consisting of fo"goods, wares, or merchandise, if of both kinds, spe** such manifests what part consists of foreign, what part of domestic goods, together with the **nd numbers of every cask, bag, chest, package, of each description of goods, as well domestic as s", with the name and place of residence of every
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 officer of the customs, residing at the port of her arrival, the manifest of the cargo, certified by the collector or other officer of the customs, from whence she sailed, (if there be such manifest,) otherwise the duplicate manifests thereof, as before directed, to the truth of which, before such officer, he shall swear or affirm. And it there shall have been taken on board such boat or vessel, any other or more goods than are contained in such manifests, subsequently to her departure from the port from whence she first sailed, the same kind of manifests and tha same proceedings ought to be had in relation to such additional cargo, at such port as at the first port of departure; and in case there shall have been landed any goods, wares, or merchandise, at any intermediate port between such port and the port or place at which canal boats take in their lading, a certificate ought to be produced from the collector or other officer of the customs, residing at such intermediate port, if there be such officer, and if not, but one be residing within miles thereof, then from such officer, specifying the kind and quantity of such goods so landed, the place where taken on board, together with the numbers and marks of the casks, bags, boxes, chests, packages, &c.; and in case there shall be no such officer residing at such port, nor within miles thereof, then the master or commander ought to make out a particular list of the goods so landed at such intermediate port, to the truth of which he ought to swear or affirm. Whereupon, the collector or other officer of the customs, residing at the port or place at which the canal boats take in their lading, should grant a permit for unlading thereat, a part or the whole of such cargo, as the said master or commander may request; and in case he should neglect or refuse to comply with any of these regulations, he ought to forfeit and pay dollars,