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district, and to provide storehouses for the safe keeping of goods, and such scales, weights, and measures as may be necessary. The collector does not grant a permit for the unloading and delivery of goods until the duties have been paid, or bonds with sureties have been given for their payment at a certain time.
The official business of the collector is transacted at the custom-house.
§ 213. .In some of the more important ports, a naval officer and surveyor are also appointed. An act of Congress makes it the duty of the naval officer to receive. copies of manifests and entries, and, together with the collector, estimate the duties on all goods subject to duty, (and no duties shall be received without such estimate,) and to keep a separate record of them; also to countersign all permits, clearances, certificates, debentures, and other documents granted by the collector, and to examine the collector's account of duties, receipts, bonds, and expenditures, and, if found right, to certify them.
§ 214. The naval officer is appointed directly by the President. He is independent of the collector, and is intended to act as a check upon that officer; all entries, therefore, which are commenced in the collector's office, must be continued through the naval office, and are carried through the same forms in both offices.
§ 215. The surveyor has charge of the inspectors. weighers, measurers, and gaugers within his port. He visits and inspects all vessels that arrive, and makes a return to the collector, of the vessels as they arrive. He is an independent officer, appointed by the President.
§ 216. The collector, naval officer, surveyor, or other person specially appointed by them for that purpose, has authority to enter any ship or vessel in which there is
reason to suspect that any goods subject to duty are concealed, and to search for and seize such goods; and if they suspect goods are concealed in any store or building, they may, upon application on oath to any justice of the peace, obtain a warrant to enter and search such place, (in the daytime only,) and seize and secure for trial, the goods that may be found there.
§ 217. All such goods on which the duties shall not have been paid, or secured to be paid, are to be forfeited; and all other violations of the revenue laws are punished by severe fines and penalties.
§ 218. There are also small, swift-sailing vessels attached to the more important ports, built by and under the command of the government, called revenue cutters, .which are used for pursuing smugglers, that is, those who import or export goods privately and contrary to law, or without paying the duties, and for otherwise enforcing the revenue laws. The revenue cutters are also authorized to aid in enforcing the quarantine and health laws of the States.
§ 219. Congress has at different times passed many acts concerning the navigation, ships, and seamen of the United States, and giving numerous privileges to vessels owned and commanded by our own citizens. Such vessels are entitled to be registered, enrolled, or licensed, according to the nature of the trade in which they are engaged, and are thereupon considered as vessels of the United States, entitled to the benefits and privileges of such ships.
$220. The registry of. a vessel is a record made in the office of the collector of the district to which the vessel belongs, embracing the measurement of the vessel, her name, the port to which she belongs, her burden, the year, and the name of the place in which she was built, and the names and residences of the owners. A çertificate of the
registry is given by the collector to the owner or captain of the vessel. Certificates of registry are issued to American vessels engaged in the foreign trade.
§ 221. No owner is compelled to register his vessel; but, unless registered, (with the exception of those enrolled and licensed in the coasting and fishing trades,) she is not entitled to the privileges and benefits of a vessel of the United States, although she be built, owned, and commanded by citizens thereof.
§ 222. In order to obtain a register, oath must be made that the master is a citizen of the United States, and that the vessel has been built in the United States, and is wholly owned by citizens thereof. If the master of a registered vessel is changed, or if the vessel's name be altered, such fact must be endorsed upon the register at the customhouse, or she will cease to be considered a vessel of the United States.
§ 223. The trade carried on between one part of the United States and another, on the sea-coast, or on navigable rivers, is called the coasting trade. All vessels built in the United States and wholly owned by citizens thereof, which are destined to be employed in the coasting and fishing trades, (except those engaged in whaling,) and are above twenty tons burden, in order to become entitled to the privileges of vessels of the United States in those trades, must be both enrolled and licensed; if they are less than twenty tons, they need not be enrolled, but must be licensed. Licenses are valid only for one year after their date, but they may be renewed at any time. The same qualifications and requisites in all respects are demanded, in order to the enrolling and licensing of a vessel, hich are required for a registry.
$224. Registered vessels may be enrolled and licensed
upon giving up the registry; and enrolled and licensed vessels may be registered on giving up the enrolment and license. Vessels enrolled and licensed for the coasting trade, cannot, under penalty of forfeiture, proceed on a foreign voyage, without giving up their enrolment and license, and receiving a registry.
§ 225. Vessels owned by American citizens and employed in the foreign trade, which, on account of being foreign built, or for other cause, are refused a register, are termed unregistered vessels, and sail under the authority of a sealetter, certifying such vessel to be the property of a citizen of the United States.
§ 226. Certificates of record are granted to vessels built in the United States, but which belong wholly, or in part, to citizens or subjects of a foreign power.
The certificates of registry, and of enrolment, and licenses, are termed permanent, if the vessel belongs to the port or district where the certificate or license is issued, and temporary, if the vessel belongs to another port or district.
§ 227. Masters of vessels bound to foreign ports, are furnished by the collectors with a list of their crew, distinguishing foreigners from citizens, and with a certificate of citizenship to each citizen seaman, called his protection certificate. The crew-list, as required by acts of Congress. and sometimes by treaties, is necessary for the protection of the crew of every vessel in the course of her voyage during a war.
[Clause 2.] "To borrow Money on the credit of the United States.'
§ 228. A similar power was granted to the Continental Congress by the Articles of Confederation, (Art. 9, §5.)
Taxes and duties may not be sufficient at all times to supply the wants of the government. During wars, especially, it is often necessary to borrow money.
[Clause 3.] "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
§ 229. Commerce is defined to be an exchange of goods, wares, or property of any kind, between nations or individuals. The word, as used in the Constitution, seems to include not only traffic or barter, but intercourse and navigation.
§ 230. Under the Confederation, commerce was in a very depressed state, chiefly because of the want of power in Congress to establish and enforce regulations on the subject. Congress could, indeed, enter into treaties with foreign nations, but had no means of enforcing the observance of them by the States. Each State made its own regulations with reference to trade and commerce, and naturally sought to favour its own local interests even at the expense of the other States. These hostile restrictions led to measures of retaliation, the tendency of which was to destroy all commercial intercourse.
§ 231. This clause grants to Congress the full power of regulating foreign and domestic commerce, navigation, and intercourse. The power does not extend to internal traffic between individuals in different parts of the same State, but to the trade which may be carried on between the United States and foreign States, and among the several States, and from one State to places within the territory of another State. #
232. Congress is authorized to regulate the whole subject of commerce; its power has been decided to be exclu