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Art. 1609. No master of any vessel of less burthen than forty tons, shall take on board and transport any negro, mulatto, or person of colour, to any place, for the purpose of selling or disposing of him as a slave, or with the intent that he may be sold or disposed of, to be held to service or labour, on penalty of forfeiting for every such person so taken on board and transported, the sum of eight hundred dollars; one moiety to the use of the United States, and the other to the prosecutor. But nothing in this article shall prohibit the taking on board, or transporting on any river or inland bay of the sea within the jurisdiction of the United States, any negro, mulatto, or person of colour, (not imported contrary to law, in any vessel whatever.) (1)
1610. The master of any vessel of the burthen of forty tons or more, sailing coastwise from one to another port of the United States, having on board any negro, mulatto, or person of colour, for the purpose of transporiing them to be sold or disposed of as slaves, or to be held to service or labour, shall, previous to the departure of such vessel, make out and subscribe duplicate manifests of every such negro, mulatto, or person of colour, on board, therein specifying the name and sex of each person,
and stature, as near as may be, and the class to which they respectively belong, whether negro, mulatto, or person of colour, with the name and place of residence of every owner or shipper of the same, and shall deliver such manifests to the collector of the port, if there be one, otherwise to the surveyor; before whom the master, together with the owner or shipper, shall severally swear or affirm, to the best of their knowledge and belief, that the persons therein specified were not imported into the United States after the first day of January, one thousand eight hundred and eight, and that, under the laws of the state, they are held to service or labour; whereupon the collector or surveyor shall certify the same on the manifests, one of which he shall return to the said captain, master, or commander, with a permit, specifying thereon the number, names, and general description of such persons, and authorizing him to proceed to the port of his destination.(2)
1611. If any vessel so 'laden and destined shall depart from the port where she may then be, without her master having first made out and subscribed duplicate manifests of every negro, mulatto, and person of colour, on board, and without having previously delivered the same to the collector or surveyor, and obtained a permit
, in manner herein required, or shall, previous to her arrival at the port of her destination, take on board any such negro, mulatto, or person of colour, other than those specified in the mani. fests, she, with her tackle, apparel, and furniture, shall be forfeited to the use of the United States, and may be seized, prosecuted, and condemned, in any court of the United States having jurisdiction thereof; and the master shall, moreover, forfeit, for every such negro, mulatto, or person of colour, so transported or taken on board, contrary to law, the sum of one thousand dol. lars: one moiety thereof to the United States, and the other moiety to the use of the prosecutor:(3)*
1612. The master of every vessel of the burthen of forty tons or more, sailing coastwise, and having on board any negro, mulatto, or person of co
(1) Act 2d March, 1807, sec. 8. (2) Ibid. sec. 9.
(3) Act 2d March, 1807, sec. 9.
A libel under this section, alleging that a vessel sailed from the ports of New York and Perth Amboy, without the captain's having delivered the manifest required by law, to the collector or surveyor of New York and Perth Amboy, is de. fective; the act requires the manifest to be delivered to the collector or surveyor of a single port.—8 Wheat. 380, 385.
The libel must charge the vessel to be of the burthen of forty tons or more.
lour, to sell or dispose of as slaves, or to be held to service or labour, and arriving at one port from another port, within the jurisdiction of the United States, shall, previous to putting, or suffering, any such person to go on shore, deliver to the collector, if there be one, or if not, to the surveyor residing at the port of her arrival, the manifest, certified by the collector or surveyor of the port, from whence she sailed, to the truth of which he shall swear before such officer: And if the collector or surveyor shall be satisfied therewith, he shall grant a permit for unlading such negro, mulatto, or per son of colour, and if the master shall neglect or refuse to deliver the mani. fest at the time, and in the manner herein directed, or shall land any negro, mulatto, or person of colour, before he shall have delivered his manifest and obtained a permit, he shall forfeit and pay ten thousand dollars; one moiety thereof to the United States, the other moiety to the use of the prosecutor.(1)*
OF MEASURES FOR PROTECTION OF NAVIGATION AND COMMERCE.
Art. 1613. All pilots in the bays, inlets, rivers, harbours and ports of the United States, shall continue to be regulated in conformity with the existing laws of the states, respectively, wherein such pilots may be, or by such
(1) Act 2d March, 1807, sec. 10.
* The language of the acts of May 10th, 1800, (3 Bior. 382.) and of April 20th, 1818, (6. L. U. Š. 325.) leaves no reasonable doubt that the intention of the legislature was to prevent citizens of, or residents, within the United States, from affording any facilities to the trade in slaves, although they should have no interest or property in the slaves themselves, and although they should not be immediately instrumental to the transportation of them from their native country.-The Merino et al. 9 Wheat. 391.
By the former of these laws the offence is made to consist in the employment of a vessel belonging to citizens of the United States, or to persons resident within the same, in carrying slaves from one foreign country or place to another, no matter for what purpose. Ibid.
By the latter it consists in the taking on board or transporting from Africa, or from any foreign country or place, any negro, &c. in any vessel, for the purpose of holding or disposing of such person as a slave, or to be held to service, &c. where those acts are performed by citizens of, or residents within the United States.Ibid.
Under the 4th section of the act of May 10th, 1800, art. 1597, (3 Bior. 382.) the owner of the slaves, transported contrary to the provisions of that act, cannot claim the same in a court of the United States, although they may be held in servitude according to the laws of his own country. But this section only applies to persons interested in the enterprise or voyage in which the ship was employed at the time of such capture; where therefore at the time of such capture by a commissioned vessel, the offending ship was in possession of a non-commissioned captor, who had made seizure for the same offence, the owner of the slaves may claim.-Ibid.
The 2d section of the act of April 20th, 1818, art. 1589, (6 L. U. S. 325.) does not enumerate among the offences which involve a forfeiture of the lading, the
laws as the states may respectively hereafter enact for the purpose, until further legislative provision shall be made by congress (1)
It shall and may be lawful for the master or commander of any vessel coming into or going out of any port situate upon waters, which are the boundary between two states, to employ any pilot duly licensed or authorized by the laws of either of the states bounded on the said waters, to pilot said vessel to or from said port; any law, usage, or custom, to the contrary notwithstanding (2)
Art. 1614. If any vessel shall be engaged or employed in carrying or transporting any properly whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals within the jurisdiction of the United States, on the coast of Florida, to any foreign port or place, every such vessel, so engaged and employed, together with her tackle, apparel, and furniture, shall be wholly forfeited, and may be seized and condemned in any court of the United States or territories thereof, having competent jurisdiction.(3)
1615. All property, of every description whatsoever, which shall be taken from any wreck from the sea, or from any of the keys and shoals within the jurisdiction of the United States, on the coast of Florida, shall be brought to some port of entry within the jurisdiction aforesaid.(4)
1616. Every forfeiture which shall be incurred by virtue of the above ar. ticle, shall accrue, one moiety to the informer or informers, and the other to the United States, and may be mitigated or remitted, in manner prescribed in case of forfeitures under the revenue laws.(5)
Of Light Houses.
All expenses which shall accrue from and after the fifteenth day of August, one thousand seven hundred and eighty-nine, in the necessary support, maintenance, and repairs of all light houses, beacons, buoys aad public piers, erected, placed or sunk, before the passing of this act, at the entrance of, or within any bay, inlet, harbour or port of the United States, for rendering the navigation thereof easy and safe, shall be defrayed out of the treasury of the United States : Provided nevertheless, That none of the
(1) Act 7th Aug. 1789, sec. 4.
(4) Ibid. sec. 2.
causing the vessel to sail. It is enumerated in the enacting clause, but omitted in the forfeiture clause.-The St. Jago de Cuba, 9 Wheat. 409.
The liability of the lading, found on board at the time of seizure, to forfeiture under that act, is made to depend upon the liability of the vessel herself to condemnation : and whenever the connexion of the vessel with the prohibited voyage is clearly established, forfeiture of the vessel must ensue.-Ibid.
said expenses shall continue to be so defrayed by the United States, after the expiration of one year from the day aforesaid, * unless such light houses, beacons, buoys and public piers, shall in the mean time, be ceded to and vested in the United States by the state or states respectively, in which the same may be, together with the lands and tenements thereunto belonging, and together with the jurisdiction of the same.(1)
Where cessions have been or hereafter may be made, by any state, of the jurisdiction of places where light houses, beacons, buoys or public piers have been erected and fixed, or may by law be provided to be erected or fixed, with reservation, that process civil and criminal, issuing under the authority of such state, may be executed and served therein, such cessions shall be deemed sufficient, under the laws of the United States providing for the supporting or erecting of light houses, beacons, buoys and public piers.(2)
Where any state hath made or shall make, a cession of jurisdiction for the purposes aforesaid, without reservation, all process, civil and criminal, issuing under the authority of such state, or the United States, may be serve ed and executed within the places the jurisdiction of which has been so ceded, in the same manner as if no such cession had been made.(3)
OF REVENUE FROM IMPORTS.
Duties on Imports.
Articles subject to 124 per cent. 1617 Duty on lump and loaf sugar
1635 15 per cent. 1618 on paper
1636 20 per cent. 1619 on books
1637 30 per cent. 1620 on alum, copperas, flour 1638 25 per cent. 1621 on fish
1639 Special provision as to cotton yarns 1622 on spirits-hydrometer for asArticles subject per lb. to 1 cent 1623
1640 1) cent 1624 on oils
1641 2 cents 1625 on molasses
1642 3 cents 1626 on ale, beer, cider and vine4 cents 1627 gar
1643 5 cents 1628
on wheat, oats, potatoes, coal 1644 6 cents 1629 on shoes, &c.
1645 8 cents 1630 on playing cards
1646 9 cents 1631
1647 10 cents 1632 Repeal of act 19th May, 1828-du12 cents 1633 ties in lieu of those imposed by 15 cents 1634
(3) Ibid. sec. 2.
(1) Act 7th Aug. 1789, sec, 1.
• The time was enlarged by the act of July 220, 1790, until the first day of July, 1791. Further enlarged by the act of March 3d, 1791, until the first of July, 1792. Again enlarged by act of April 12th, 1792, until July 1st, 1793; and by act of March 20, 1793, until July 1st, 1794 ; and by act of May 30th, 1796, for two years further.
Duties on woollen goods 1649 Duty on glass, paper-hangings, leg. on cottons
1650 horn, straw, chip and grass hats, on oil cloths, matting 1651 &c., whale-bone, raw silk, dresson iron bars and bolts, not ed furs, manufacture of wood, of rolled
of hemp and flax, fans, Duty on iron rolled
1653 artificial flowers, ornamental feaon pigs and castings
1654 thers, ornaments for head dresses, on steel and iron wire, &c. 1655 caps for women, millinery, comDuty on brazier's rods, nail rods, fits and preserves, umbrellas, &c.,
sheet and hoop iron, &c.-on parchment, vellum, wafers, lead spikes, nails, brads, &c., square pencils, brushes, cabinet wares, wire, anvils, anchors, chains, mill fur hats and caps of fur, &c., irons, saws, hammers, sledges, whips, manufactures of leather, fire-arms
carriages, blank books, boots, Duty on axes, adzes, &c., brass and
shoes, porcelain, &c., musical insteel saddlery, coach and harness struments, manufactured marble 1668 furniture, steelyards, scale beams, Duty on olive oil
1669 chisels, vices, wood screws, tin- Duty on wines—wines may be dened and japanned saddlery 1657
posited in custom house stores 1670 Duty on steel
1658 Duty on barley, baskets, beads, Duty on japanned and plated wares, lamp black, indigo, shell and pa
manufactures of brass, iron, steel, per boxes, hair bracelets, hair, pewter, tin
1859 bricks, tiles, brooms, cashmere, Duty on scrap and old iron 1660
1671 Duty on hemp, sail duck, cotton Duty on certain articles not specibagging, felts 1661 fied in Act of 1832
1672 Duty on manufactures of silk 1662 Repeal of additional duty of 10 and on brown and clayed sugars, 20 per cent.
1663 Existing laws for collection of duon salt
1664 ties, &c. to extend to duties unon old or scrap lead 1665 der Act of 1832
1674 on teas from this side of Cape Articles enumerated in that Act, of Good Hope
may be stored under bond-seDuty on slates
cretary of treasury to prescribe rules
The following duties remain in force under the Acts of 27th April, 1816, 22d May, 1824, and 19th May, 1828:
Art. 1617. Of 12; per cent. on dying drugs and materials composing dyes, not free or subject to other rates of duties, jewellery, gold, silver, and other embroidery, precious stones, and pearls of all kinds set or not set ; Bristol stones or paste-work, and all articles composed wholly or chiefly of gold, silver, pearl and precious stones ; and laces, lace veils, lace shawls or shades of thread, and all other laces, except coach lace of cotton or other mate. rials.
1618. Of 15 per cent. on gold leaf and bolting cloths, hair cloth, and seating and indigo.
1619. Of 20 per cent on buttons, not composed of materials subjecting them to a different rate of duty; button moulds, Prussian blue, china, earthen-ware, stone-ware and porcelain.
1620. Of 30 per cent. on musical instruments, manufactured marble. 1621. Of 25 per cent. on cotton yarn, twist or thread.
1622. And all unbleached and uncoloured cotton twist, yarn or thread, the original cost of which shall not be less than 60 cents per lb. shall be deemed to have cost 60 cents per lb. and be charged with duty accordingly; and all bleached or coloured cotton yarn, twist or thread, the original cost of which shall be less than 75 cents per Ib. shall be deemed to have cost 75 cents per lb. and be charged with duty accordingly.