3 March 1843. - 22 May 1846 21. 9 Stat. 14. Extended to other foreign moneys. 21 Feb. 1857 1. 11 Stat. 163. At what rates fractions of Spanish and Mexican dollars to be received. Ibid. 22. To be recoined. laws. Ibid. 23. one hundred cents; the mil-reis of the Azores shall be deemed and taken to be of the value of eighty-three and one-third cents; the marc-banco of Hamburg shall be deemed and taken to be of the value of thirty-five cents; the rouble of Russia shall be deemed and taken to be of the value of seventy-five cents; the rupee of British India shall be deemed and taken to be of the value of forty-four and one-half cents; and all former laws inconsistent herewith are hereby repealed. 38. In all computations at the custom house, the foreign coins and money of account herein specified shall be estimated as follows, to wit: the specie dollar of Sweden and Norway, at one hundred and six cents; the specie dollar of Denmark, at one hundred and five cents; the thaler of Prussia and of the northern states of Germany, at sixtynine cents; the florin of the southern states of Germany, at forty cents; the florin of the Austrian Empire, and of the city of Augsburg, at forty-eight and one-half cents; the lira of the Lombardo-Venetian Kingdom, and the lira of Tuscany, at sixteen cents; the franc of France and of Belgium, and the lira of Sardinia, at eighteen cents six mills; the ducat of Naples, at eighty cents; the ounce of Sicily, at two dollars and forty cents; the pound of the British provinces of Nova Scotia, New Brunswick, Newfoundland and Canada, at four dollars. And all laws inconsistent with this act are hereby repealed. 39. The pieces commonly known as the quarter, eighth and sixteenth of the Spanish pillar dollar, and of the Mexican dollar, shall be receivable at the treasury of the United States, and its several offices, and at the several post offices and land offices, at the rates of valuation following: that is to say, the fourth of a dollar, or piece of two reals, at twenty cents; the eighth of a dollar, or piece of one real, at ten cents; and the sixteenth of a dollar, or half-real, at five cents. 40. The said coins, when so received, shall not again be paid out, or put in circulation, but shall be recoined at the mint. And it shall be the duty of the director of the mint, with the approval of the secretary of the treasury, to prescribe such regulations as may be necessary and proper, to secure their transmission to the mint for recoinage, and the return or distribution of the proceeds thereof, when deemed expedient, and to prescribe such forms of account as may be appropriate and applicable to the circumstances: Provided, That the expenses incident to such transmission or distribution, and of recoinage, shall be charged against the account of silver profit and loss, and the net profits, if any, shall be paid from time to time into the treasury of the United States. 41. All former acts authorizing the currency of foreign gold or silver coins, and Repeal of former declaring the same a legal tender in payment for debts, are hereby repealed; but it shall be the duty of the director of the mint to cause assays to be made, from time to time, Assay to be made. of such foreign coins as may be known to our commerce, to determine their average weight, fineness and value, and to embrace in his annual report a statement of the results thereof. I. COMMERCIAL STATISTICS. Commerce. 1. Annual statistics of commerce to be laid before congress. 2. What such reports to contain. 3. Kinds, quantities, and values of exports and imports. 4. To and from what countries. 5. Exports to show value of home and foreign products. 6. How navigation to be stated. 7. Articles free from duty. 8. Value of articles subject to specific duties. 9. Collectors to keep separate accounts. 10. How exports and imports to be valued. 11. Shippers to deliver manifests, specifying the kinds, quantities and value of the articles shipped. Oath. Place of destina tion to be stated. 12. Accounts to be kept of the character and tonnage of vessels. 13. Collectors to make quarterly returns. 14. Secretary to prescribe rules and forms. 15. Forms of statements. 21. To include coasting trade. 22. And commercial information given by consuls, &c. 23. Consuls to communicate such information. 24. Superintendent of statistics. II. COMMERCE WITH GREAT BRITAIN. 25. Owners of British vessels, laden with produce of the United States, to give bond not to land the same in places from which our vessels are excluded. In case of non-compliance, vessel to be forfeited. Not to contravene the treaty of 1815. 26. No goods to be imported from the colonies, except directly, and wholly of the produce thereof. Forfeiture for violation. 27. How this act to be carried into effect. 28. How bond may be discharged. 29. How penalties and forfeitures recoverable. 30. Foregoing acts suspended as to certain ports. 31. Ports to be open to British vessels direct from such places. What may be imported therefrom. 32. President may suspend the collection of discriminating duties. 33. No importations except in vessels directly from such ports. Forfeiture. 34. Exports to such places. British vessels to give bond to land them at the place designated. How discharged. Direct trade only to be lawful. Forfeiture for violation. 35. To continue in force so long as British colonial ports are open to vessels of the United States. 36. Other ports which may be opened to American vessels to be within this act. 37. Form of bond. Penalties, &c. 38. President may declare the ports of the United States open to British vessels from the colonies, on reciprocal measures being adopted by the British government. Navigation acts to be sus pended. 39. What British vessels to be entitled to entry. 40. No higher duties to be levied on British colonial vessels entering the American ports on the rivers and lakes on the northern, north-eastern and north-western frontiers. 41. President may issue his proclamation for carrying into effect the reciprocity treaty with Great Britain. What articles to be free from duty. When to be suspended as to Canada. 42. When to go into effect as to Newfoundland. III. COMMERCE WITH RUSSIAN AMERICA. 43. Sale of spirits, arms and ammunition to natives of northwest coast prohibited. Penalty. 44. Jurisdiction of the federal courts. IV. COMMERCE WITH THE FRENCH COLONIES. 45. Discriminating duties suspended in vessels from Martinique and Guadaloupe. When the privileges to cease. 46. Extended to vessels from French Guiana. V. COMMERCE WITH SPAIN AND PORTUGAL. 47. Discriminating duties abolished on Spanish vessels from ports in Spain. 48. Spanish colonial vessels to pay the same duties, as American Vessels in the ports of their departure. 49. Spanish vessels from Cuba or Porto Rico to pay the same duties as are imposed on American vessels from Havana. 50. Before clearing, to pay the same tonnage duty, as American vessels would be charged in Havana. 51. To give bond, before clearing for another port. Not to land cargo in Cuba or Porto Rico. How cancelled. 52. Secretary to estimate discriminating duties to be charged in such cases. 53. When president may declare this act no longer in force. 55. Spanish steamers to pay reciprocal duties. VI. COMMERCE WITH OTHER EUROPEAN NATIONS. 57. Discriminating tonnage duties suspended as to the Nether lands, Prussia, Hamburg, Lubec and Bremen, Oldenburg, Norway, Sardinia and Russia. 58. And discriminating duties on imports, as to their European products. 59. To continue so long as they levy reciprocal duties on Ameri can vessels. 60. Extended to Belgian vessels. 61. Coffee imported from the Netherlands in Dutch or American vessels, to be fiee of duty. VII. GENERAL PROVISIONS. 62. When the president may suspend the collection of discrimi nating duties in vessels of other nations. 63. Discriminating tonnage duties to cease, and those subse quently collected to be refunded. I. COMMERCIAL STATISTICS. 3 Stat. 541. 1. The register of the treasury shall, under the direction of the secretary of the trea- 10 Feb. 1820 & 1. sury, annually prepare statistical accounts of the commerce of the United States with foreign countries, for each preceding year; which accounts shall be laid before congress, Annual statistics by the secretary of the treasury, on the first Monday in December in every year, or as be laid before consoon after as possible. of commerce to gress. 2. Such accounts shall comprehend and state all goods, wares and merchandise, exported Ibid. 2. from the United States to other countries; all goods, wares and merchandise, imported What such reinto the United States from other countries; and all navigation employed in the foreign ports to contain. trade of the United States; which facts shall be stated according to the principles, and in the manner hereby directed. Ibid. 3. ports and im 3. The kinds, quantities and values, of all articles exported, and the kinds, quantities and values, of all articles imported, shall be distinctly stated in such accounts; except in Kinds, quantities cases in which it may appear to the secretary of the treasury that separate statements and values of exof the species, quantities or values, of any particular articles, would swell the annual ports. statements without utility; and in such cases, the kinds and total values of such articles shall be stated together, or in such classes as the secretary of the treasury may think fit. 4. The exports shall be so stated as to show the exports to each foreign country and their values; and that the imports shall be so stated, as to show the imports from each To and from foreign country, and their values. 5. The exports shall be so stated, as to show, separately, the exports of articles of the production or manufacture of the United States, and their values; and the exports of articles of the production or manufacture of foreign countries, and their values. Ibid. 4. what countries. Ibid. 25. Ibid. 26. 6. The navigation, employed in the foreign trade of the United States, shall be stated in such manner, as to show the amount of the tonnage of all vessels departing from the How navigation United States for foreign countries; and, separately, the amount of such tonnage of to be stated. vessels of the United States, and the amount of such tonnage of foreign vessels; and also the foreign nations to which such foreign tonnage belongs, and the amount of such ton nage belonging to each foreign nation; and in such manner as also to show the amount of the tonnage of all vessels departing for every particular foreign country, with which the United States have any considerable commerce; and separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels ; and, in such manner as to show the amount of the tonnage of all vessels arriving in the United States from foreign countries; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels; and also, the foreign nations to which such foreign tonnage belongs, and the amount of such tonnage belonging to each foreign nation; and, in such manner, as also to show the amount of the tonnage of all vessels arriving from every particular foreign country, with which the United States have any considerable commerce; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels. Ibid. 7. 7. The kinds and quantities of all imported articles free from duty shall be ascertained by entry, made upon oath or affirmation by the owner, or by the consignee or agent of Articles free from the importer; or by actual examination, where the collector shall think such examination duty. necessary; and that the values of all such articles shall be ascertained in the same manner in which the values of imports subject to duties ad valorem are ascertained. 8. The values of all imported articles subject to specific duties, shall be ascertained in the manner in which the values of imports subject to duties ad valorem are ascertained. 9. The collectors shall keep separate accounts of the kinds, quantities and values, of such parts of the imports subject to duties ad valorem, as may be directed by the secretary of the treasury. Ibid. 28. Ibid. 9. Ibid. 10. 10. All articles exported shall be valued at their actual cost or the values which they may truly bear at the time of exportation, in the ports of the United States from which II w exports and they are exported: and that all articles imported shall be valued at their actual cost, or imports to be valued. 10 Feb. 1820. the values which they may truly bear in the foreign ports from which they are exported for importation into the United States, at the time of such exportation. Ibid. 11. Shippers to deliver manifests, specifying the kinds, quantities and values of the articles shipped. Oath. 11. Before a clearance shall be granted for any vessel bound to a foreign place, the owners, shippers or consignors of the cargo on board of such vessel, shall deliver to the collector manifests of the cargo, or the parts thereof shipped by them respectively, and shall verify the same by oath or affirmation; and such manifests shall specify the kinds and quantities of the articles shipped by them respectively, and the value of the total quantity of each kind of articles; and such oath or affirmation shall state that such manifest contains a full, just and true account of all articles laden on board of such vessel by the owners, shippers or consignors, respectively, and that the values of such articles are truly stated, according to their actual cost, or the values which they truly bear at the port and time of exportation; and, before a ciearance shall be granted for any such vessel, the master of every such vessel, and the owners, shippers and conPlace of destina- signors of the cargo, shall state, upon oath or affirmation, to the collector, the foreign place or country in which such cargo is truly intended to be landed; and the said oaths or affirmation shall be taken and subscribed in writing. tion to be stated. Ibid. 12. Accounts to be kept of the cha racter and ton nage of vessels. Ibid. 13. 12. Every collector shall keep an accurate account of the national characters and tonnage of all vessels which depart from his district for foreign countries, and of the foreign places or countries for which such vessels depart; and also, an accurate account of the national characters and tonnage of all vessels which enter his district from foreign countries, and of the foreign places or countries from which such vessels arrive. 13. The several collectors shall make quarter-yearly returns to the register of the treasury of all the facts and matters which they are hereby required to ascertain. Ibid. 14. 14. The secretary of the treasury shall give such directions to the collectors, and preSecretary to prescribe such rules and forms to be observed by them, as may appear to him proper for Feribe rules and attaining the objects of this act: Provided, That such directions or rules shall not be contrary to the provisions of any law of the United States. (a) forms. bid. 15. ments. 15. The forms of the annual statements hereby required shall be determined by the Forms of state secretary of the treasury, who shall prescribe such forms as may be proper to exhibit the facts hereby required to be stated in the clearest manner, and to show the actual state of commerce and navigation between the United States and foreign countries in each year. 16 Aug. 1842 2 1. 5 Stat. 507. 16 Sept. 1850 2 1. 9 Stat. 459. Ibid. 2. Printing of report. Ibid. 23. Distribution. Ibid. 24. Binding. 14 May 1856. 11 Stat. 14t. To include coast ing trade. 18 Aug. 1856 11 Stat. 139. 1. 16. It shall be the duty of the secretary of state to lay before congress, annually, at the commencement of its session, in a compendious form, all such changes and modifica tions in the commercial systems of other nations, whether by treaties, duties on imports and exports, or other regulations, as shall have come to the knowledge of the department. 17. It shall be the duty of the secretary of the treasury to cause the annual report upon commerce and navigation to be completed at as early a day before the first Monday in January in each year as is practicable. 18. When completed, or in the course of its progress towards completion, if that will give despatch to the business, the work of printing, under the superintendence of said secretary, shall be commenced, and the whole shall be printed and ready for delivery on or before the first day of January next ensuing the close of the fiscal year to which the report relates. 19. Until congress shall otherwise direct, the secretary of the treasury shall cause to be printed, in the same manner as other printing of the department, twenty thousand copies of said report, which shall be distributed as follows: first, the usual number for the use of the members of the two houses and their officers; second, five hundred copies for the use of the treasury department; and thirdly, as nearly as may be, five thousand copies to the senate, and thirteen thousand copies to the house, to be distributed by the members of each house. 20. The report aforesaid, except such as are to be bound with other public documents, shall be substantially bound: Provided, That the expense thereof shall not exceed twelve and a half cents for each copy. 21. The secretary of the treasury in his annual reports on commerce and navigation hereafter to be made to congress, cause to be stated the kinds, quantities and value of the merchandise entered and cleared coastwise into and from the collection districts of the United States, and the said secretary of the treasury is hereby authorized to make all rules and orders necessary to carry into effect the object of this resolution. 22. In addition to the changes and modifications in the commercial systems of other nations, now required by said act, it shall be the duty of the secretary of state to lay And commercial before congress annually, within sixty days after the commencement of each ordinary given by consuls, session, as a part of said report, all other commercial information communicated to the information (a) The instructions of the secretary to a collector, not in accord- Tracy v. Swartwout, 10 Pet. 80. And see Elliott v. Swartwout, ance with the law, do not justify the illegal acts of the collector. Ibid. 137. state department by consular and diplomatic agents of this government abroad, or contained in the official publications of other governments, which he shall deem sufficiently important. 18 Aug. 1856. Ibid. ? 2. information. 23. To enable the secretary of state to make said report, it is hereby declared to be the duty of consuls and commercial agents of the United States in foreign countries, to Consuls to com procure and transmit to the department of state authentic commercial information unicate such respecting said countries, of such character, and in such manner and form, and at such times, as said department may, from time to time, prescribe; and it shall be the duty of the secretary of state in said annual report, to specify the names of any of said officers who may have been remiss in their duty enjoined by this act. Ibid. 23. 24. The secretary of state be and is hereby authorized and required to appoint one clerk, who shall have charge of statistics in said department, and shall be called Superintendent “superintendent of statistics," and shall receive a salary of two thousand dollars per of statistics. annum, and shall be allowed as an assistant, one clerk of the third class, which clerk the secretary of state is hereby authorized and required to appoint. II. COMMERCE WITH GREAT BRITAIN. 3 Stat. 603. vessels. laden the United States, to give bond not sels are excluded. 25. The owner, consignee or agent of every vessel, owned wholly, or in part, by a 15 May 1820 ? 2. subject or subjects of his Britannic majesty, which shall have been duly entered in any port of the United States, and on board of which shall have been there laden, for Owners of British exportation, any article or articles of the growth, produce or manufacture of the United with produce of States, other than provisions and sea stores, necessary for the voyage, shall, before such vessel shall have been cleared outward at the custom house, give bond in a sum double to land the same in places from the value of such article or articles, with one or more sureties, to the satisfaction of the which our vescollector, that the article or articles so laden on board such vessel, for exportation, shall be landed in some port or place other than a port or place in any province, island, colony, territory or possession, belonging to his Britannic majesty, that is mentioned or described in this act, or in the act to which this act is supplementary. (a) And every In case of nonsuch vessel that shall sail, or attempt to sail, from any port of the United States, without sel to be forfeited. having complied with the provisions aforesaid, by giving bond as aforesaid, shall, with her tackle, apparel and furniture, together with the article or articles aforesaid, laden on board the same as aforesaid, be forfeited to the United States: Provided, That nothing Not to contravens herein contained shall be deemed or construed so as to violate any provision of the convention to regulate commerce between the territories of the United States and of his Britannic majesty, signed the 3d day of July 1815.(b) compliance, ves the treaty of 1815. Ibid. 23. the colonies, ex produce thereof. 26. No goods, wares or merchandise shall be imported into the United States of America from the province of Nova Scotia, the province of New Brunswick, the islands No goods to be of Cape Breton, St. Johns, Newfoundland, or their respective dependencies, from the imported from Bermuda Islands, the Bahama Islands, the islands called Caicos, or either or any of the cept directly, and aforesaid possessions, islands or places, or from any other province, possession, plantation, wholly of the island or place, under the dominion of Great Britain in the West Indies, or on the continent of America, south of the southern boundaries of the United States, except only such goods, wares and merchandise as are truly and wholly of the growth, produce or manufacture of the province, colony, plantation, island, possession or place aforesaid, where the same shall be laden, and from whence such goods, wares or merchandise Forfeiture for shall be directly imported into the United States; and all goods, wares and merchandise imported, or attempted to be imported, into the United States of America, contrary to the provisions of this act, together with the vessel on board of which the same shall be laden, her tackle, apparel and furniture, shall be forfeited to the United States. violation. Ibid. 4. 27. The form of the bond aforesaid shall be prescribed, and the same shall be discharged, and all penalties and forfeitures, incurred under this act, shall be sued for, How this act to recovered, distributed and accounted for, and the same may be mitigated, or remitted, be carried into in the manner, and according to the provisions, of the act to which this act is supplementary.(c) effect. 3 Stat. 482. 28. The form of the bond aforesaid shall be prescribed by the secretary of the 18 April 1818 2 3 department of the treasury; and the same shall and may be discharged, and not otherwise, by producing, within one year after the date thereof, a like certificate to that How bond may be discharged. required by and under the regulations contained in the 81st section of the act "to regulate the collection of duties on imports," passed the 2d day of March 1799, (d) that the articles of the growth, produce and manufacture of the United States, laden as aforesaid, were unladen and landed conformably to the provisions of this act, or, in cases of loss by sea, by capture, or other unavoidable accident, by the production of such other (a) That is, by act 18 April 1818, "in some port or place other than a port or place in a colony or territory of his Britannic majesty, which by the ordinary laws of navigation and trade is closed against vessels owned by citizens of the United States." 3 Stat. 432. (b) 8 Stat. 228. (c) See infra, 28-9. On a seizure, under this act, the property may be delivered to the claimant on a stipulation bond. United States v. The Sloop Pitt, 2 Wh. Cr. Cas. €02. (d) 1 Stat. 690 18 April 1818. proofs as the nature of the case will admit, according to the provisions of the said 81st section of the act aforesaid. Ibid. 4. 1 March 18231. 3 Stat. 740. Foregoing acts suspended as to certain ports Ibid. ? 2. to British vessels direct from such places. 29. All penalties and forfeitures incurred by force of this act, shall be sued for, recovered, distributed and accounted for, and may be mitigated or remitted, in the manner and according to the provisions of the revenue laws of the United States.(a) 30. The 1st, 2d and 3d sections of the "Act concerning navigation," approved on the 18th of April 1818, and the "Act supplementary to an act concerning navigation," approved on the 15th of May 1820, (b) shall be, and the same are hereby, suspended, for and during the continuance of this act, (c) so far as any of the restrictions or prohibitions therein contained, limit or interdict the intercourse of navigation or commerce between the ports of the United States and the British colonial ports hereinafter mentioned, to wit:(d) Kingston, in Jamaica. Savannah Le Mar, do. Montego Bay, do. Santa Lucia, do. Antonia, do. Saint Ann, do. Falmouth, do. Maria, do. Morant Bay and Annotto Bay, do. Saint George, in Grenada. Roseau, in Dominica. Saint John's, in Antigua. San Josef, in Trinidad. Scarborough, in Tobago. Road Harbour, in Tortola. Nassau, in New Providence. Pitt's Town, in Crooked Island. Kingston, in Saint Vincent. Port Saint George and Port Hamilton, in Bermuda. Any port where there is a custom house, in Bahamas. Bridgetown, in Barbadoes. Saint John's and Saint Andrew's, in New Brunswick. Halifax, in Nova Scotia. Quebec, in Canada. Saint John's, in Newfoundland. Georgetown, in Demarara. New Amsterdam, in Berbice. Castries, in Saint Lucia. Basseterre, in Saint Kitts. Charlestown, in Nevis. Plymouth, in Montserrat. 31. The ports of the United States shall be open to any British vessel coming directly Ports to be open from any of the British colonial ports above enumerated; and it shall be lawful to import in the said vessels, being navigated by a master and three-fourths, at least, of the mariners, British subjects, any articles of the growth, produce or manufacture of any of the said British colonies, the importation of the like articles to which, from elsewhere, is not, nor shall not be, prohibited by law, and which may be exported from any of the said enumerated British ports to the United States, on equal terms, in vessels belonging to the said states. What may be imported therefrom. Ibid. 23. President may lection of dis criminating duties. 32. On proof being given to the president of the United States, satisfactory to him, that, upon the vessels of the United States admitted into the above enumerated British suspend the col- colonial ports, and upon any goods, wares or merchandise, imported therein, in the said vessels, no other or higher duties of tonnage or impost, and no other charges of any kind, are levied or exacted than upon British vessels, or upon the like goods, wares and merchandise imported into the said colonial ports from elsewhere, it shall and may be lawful for the president of the United States to issue his proclamation, declaring that no other or higher duty of impost or tonnage and no other or higher duty or charge of any kind, upon any goods, wares or merchandise, imported from the above enumerated British colonial ports, in British vessels, shall be levied or exacted in any of the ports of the United States, (excepting the ports in the territory of Florida), than upon the vessels of the United States, and upon the like goods, wares or merchandise, imported into the ports of the United States in the same: Provided always, That until such proof shall be given, British vessels coming from the said British colonial ports, and the goods, wares and merchandise, imported in the same into the United States, shall continue to pay the foreign tonnage duty, and the additional duties upon goods, wares and merchandise, imported in foreign vessels prescribed by the "Act to regulate the duties on imports and tonnage," approved the 27th of April 1816. (e) Ibid. ? 4. 33. No articles whatsoever, specie and bullion excepted, other than articles of the No importations growth, produce or manufacture of the British colonies to which the said enumerated except in vessels ports belong, shall be imported into the United States, in British vessels, coming from directly from such ports. Forfeiture. Ibid. 25. Exports to such places. any of the said enumerated ports; and that no articles whatsoever, being of the growth, produce or manufacture of the British colonies, to which the said enumerated ports belong, shall be imported into the United States, in any British vessel, other than a vessel coming directly from one of the said enumerated ports, on pain of forfeiting all such articles, together with the ship or vessel in which the same shall have been imported, and her guns, tackle, apparel and furniture. 34. It shall be lawful to export from the United States, directly to any of the above enumerated British colonial ports, in any vessel of the United States, or in any British vessel, navigated as by the second section of this act is prescribed, and having come directly (d) The navigation laws do not render unlawful the exportation of goods of the growth and produce of the United States, to the British North American provinces, in any other than British vessels. The object of these laws was to countervail the naviga. tion laws of Great Britain, which closed the ports of the provinces against vessels of the United States: by interdicting the train British vessels, leaving it open to all others. An Open Boat and Lading, Ware, 128 And see The Atlantic, Ibid. 121. (e) 3 Stat. 310. |