Abbildungen der Seite
PDF
EPUB

beginning of I hat year, we have paid off, including interest, very nearly $100,000,000, over and above the current expenses of the government.

CHAPTER XIII.
Of Commerce.

862. Commerce signifies a mutual change of goods', productions, or property of any kind, between nations or individuals, either by barter, or by purchase and sale When we speak of the commerce of a nation, we have reference to its trade with other nations.

263. Congress*has power, by the constitution, "to regulate commerce with foreign nations, and among the sevstates, and with the Indian tribes." The propriety of vesting this power in congress is plain: its exercise by the several states might have produced a different system in each state, and caused mutual jealousies, rivalries and restrictions, which could be prevented only by a common superior power. The general power of congress to regulate commerce, is not restricted to the mere buying and stilling, or exchanging of commodities; but it extends to navigation by vessels exclusively employed in transporting passengers, and to every species of commercial intercourse with foreign nations, and among the several states, and with the Indian tribes.

264. Navigation is the art or practice of conducting or carrying a ship from one port to another, and implie* whatever relates to traversing the sea in ships. In pursuance of the power to regulate commerce, congress has

the last nine years? 262. What is commerce? 263. To what objectsdoes this power of congress extend? Why might not the several states exercise this power? 264. What is norigalion? By what means does congress encourage domestic navigation? How is this«nacted laws conferring privileges upon ships built and owned in the United States, in order to encourage domestic navigation. This is done by imposing higher duties of tonnage and impost upon foreign vessels, and goods imported therein, than those required to be paid upon vessels of the United States, and goods imported in them. These duties are called discriminating duties, as the law discrimmates, or makes a distinction between foreign and domestic navigation, giving a preference to the latter.

265. Vessels of the United States, to be entitled to the privileges enjoyed by such ships or vessels, must be registered pursuant to the laws of the United States. After the admeasurement of a vessel by a surveyor to ascertain her tonnage, the collector, records or registers in a book kept for that purpose, the names of the vessel and the port to which she belongs, her burthen, the year, and the name of the place in which she was built. A certificate •of such record or registry is then given by the collector •of the district to the owner or commander of the vessel, who is required to give a bond with sureties, that the certificate of such registry shall be used only for the vessel for which it is granted. The law provides, that if a certificate of registry be fraudulently used for any vessel not entitled to the benefit thereof, such vessel shall be forfeited to the United States.

266. The master of a vessel departing from the United States, and bound to a foreign port, is required to deliver to the collector of the district, a manifest of all the cargo on board, and its value, by him subscribed and sworn to be true; upon which the collector grants a clearance for such vessel. A clearance is a certificate stating that the commander has cleared his vessel according to law.

267. Every vessel of the United States going to a foreign country, shall, at the request of the master, be furnished with a passport, the form of which is to be prepared

privilege conferred? What are these duties called? Why? 265. How do vessels become entitled to this privilege? How are vessels registered? 266. What must a master of a vessel do to bcentitled to a clearance? W hat is a elearanre? 267. What is required of vesH

by the secretary of state, and approved by the president A passport, as applied to navigation, is a license or writing granted by the nroper authority of a country to navigate in some particular sea without hinderance. It contain* the name of the vessel and that of the master, her tonnage and the number of her crew, certifying that she belongs to the subjects of a particular state, and requiring all! persons at peace with that state to suffer her to proceed on her voyage without interruption. A passport is likewise a license for importing or exporting goods without paying duties.

268. Passenger vessels are not permitted to carry tc greater number of passengers than two for every five tons of their burthen. If the master or other person on board of a vessel of the United States, shall take on board at a foreign place, or bring into the United States; or if he shall transport from the United States to a foreign place, a greater number of passengers than two for every five tons of such vessel, according to the custom house measurement, he shall forfeit and pay one hundred and filty dollars for every passenger above the number prescribed. If the number of passengers shall exceed such number by twenty, the vessel shall be forfeited to the United States. The master or captain of a vessel is required to report to the collector a list or manifest of all the passengers, designating their age, sex and occupation; the country to which they belong, and of which they intend to become residents; and the number, if any, that have died on the voyage.

•269. None but citizens or persons of color, natives of 'the United States, may be employed on board a vessel of the United States. If the commander of a vessel employ any other than such persons on board his vessel, he shall forfeit and pay one thousand dollars for each person so #mployed; and the master of every vessel bound to a

sets departing from the United States? What is a passport? Wta does it contain? 268. What restrie-tions are imposed upon passenger ressels? What penally or forfeiture is annexed? What report is Ike master required to make? 2ki9. What per»«ns only »iay be foreign place, or every vessel of the burthen of«one hundred and fifty tons or upwards, hound to a port in any other than an adjoining state, is required to make a written or printed agreement with every seaman or mariner which shall be employed on such vessel.

270. Every vessel of the burthen of one hundred and fifty tons or upwards, navigated by one or more persons, and bound on a voyage beyond the limits of the United States, and all merchant vessels of the burthen of seventy five tons or upwards, navigated by six persons or more, and bound to the West Indies, shall be provided with a chest of medicines accompanied by directions for administering the same. Vessels crossing the Atlantic ocean, shall have on board at least sixty gallons of water, one hundred pounds of salted meat, and one hundred pounds of wholesome ship bread, for each person on board.

271. A fund is provided for the relief of sick and disabled seamen, by requiring the master or owner of every vessel of the United States, before such vessel shall be admitted to entry, to pay to the collector, at'the rate of twenty cents a month for every seaman employed on board; which sum he may retam out of their wages. The fund thus provided, is administered by such persons as the president of the United States shall appoint for the purpose.

272. The register, clearance and other papers, granted by the officers of the customs to a. foreign vessel, at her departure from the port from which she shall have arrived, shall, previously to her entry in a port of the United States, be produced to the collector with whom the entry is to be made. And it is the duty of the mast.er, within forty-eight hours after such entry, to deposite such papers with the consul or vice consul of the nation to which the vessel belongs; and to deliver to the collector the certiti

«mployed as seamen on board American merchant vessels? 270. What regulations are made for the support of persons on board vessels? 271. How are sick and disabled seamen provided for? How is this fund raised? By whom administered? 272. What is required of foreign vessels previously to their entry? To whom Are the papers delivered? What is delivered to the collector? What cate of the consul or vice consul, that the papers have been so deposited. Any master who shall fail to comply with this regulation, shall be fined in a sum not less than five hundred, and not exceeding two thousand, dollars.

'273. But this regulation does not extend to the vessels of foreign nations, in whose ports American consuls are not permitted to have the custody of the register and other papers of vessels entering the ports of such nation. No foreign consul may deliver to the master of any foreign vessel, the register and other papers with him, until the master shall produce to him a clearance from the collector of the port. For a violation of this law, the consul shall be fined in a sum not less than five hundred, nor exceeding five thousand, dollars.

274. Under the power to regulate commerce with foreign nations, congress may pass embargo and quarantine laws. Embargo, in commerce, means a stop put to trade; or. a prohibition of state, commonly on foreign ships, in time of war, to prevent their going out of port or coming in, Before the war of 1812, a law of this kind was passed, (December, 1807.) In a case tried in the district court of Massachusetts, 1808, it was objected that the act was unconstitutional; that congress had no right, under the power to regulate commerce, thus to annihilate it, by interdicting it entirely with foreign nations. The court decided that the act was constitutional. The power of congress relative to commercial intercourse, is sovereign, except so far as it is qualified by the restrictions expressed in the constitution.

275. Quarantine signifies the iime during which a ship, coming from a port suspected of contagion, or of having contagious sickness on board, is forbidden to have intercourse with the place where she arrives. The term is said to be derived from the Italian quarantina, meaning

is the penalty for neglect? 273. What vessels are exempt from this regulation? How does the master again obtain his papersl To what penalty is the consul subject for a violation of the lawt 274. What is an embargo? When was an embargo law passed'} Has congress power to pass such a law? 275. What is the meaning of quarantine? By nrhat authority are these laws enacted in thtf

« ZurückWeiter »