CONGRESS OF THE UNITED STATES.
Begun and held at the City of New-York, on Wednesday the Fourth
ot A.j/ch, One Ttioufand Stven Hundred and Eighty-Nine.
An s?CT to regulate the collection of the DU
TIES imposed by Law 011 the TONNAGE of
SHIPS or VESSELS, and on GOODS, WARES,
and MERCHANDIZE, imported into the UNI
TED STATES.
(continued.)
And it it further enaded, That the matter or commander of every
hip or vessel bound to a port ot delivery only, in any of the fol
lowing didriftj to wit : Portland and Falmouth,Bath, Newbury.
dSftl;ft? e w f°!l n i"» ept r the P ° rt ot Ston iiigton 'he fa id
diftrift) Norfolk and Portsmouth, Bcimuda-Hundred and City-
Point York-jownor (except the port of Urbanna
j,An t l u"s come to at the P ort of entry of fucli
frft fh W h,sftl: P or veirel . and there make entry, deliver a mani
*''° f her " r <s?» and P a V' or fccurc lo be P=id,all legal duties,tonnage,
Ia! n gCS 'j nm ? nn " by ' hls ast P rovld «l,before fuchihip
01 vessel shall proceed to her port of delivery ; and that any (hip or
like Lft° U A u P °u rt of n dchver y any other diftrift not under
K °" S b y th ' S ast ' or to eUhcr of the r or " of Stonington
or Urbanna, may firlt proceed to her port of delivery, and'then
rna j C j^ g entry within the time by this ast limited.
'fJ, UT '\ tT That the mafler orcommander of every
hipor veflLi,if bound to thediftriftof Nottingham,(hall,btfore he
j 3 b r >' thc P°rt of Town-Creek, and immediately afterhis arrival
PO'lt Y the surveyor ot the said port, a true mamfeft of the
cargo on board fucn (hip or vessel ; if bound to anydiftrift on the
Potowmack, shall, before he pal's by the rivers Saint Mary's and
i eocomico, and immediately after his arrival, depoiit with the
surveyor at Saint Mary's, or the collector at Yeoconuco, as may be
mod convenient, a true mamfeft of the cargo on board such (hip or
vessel, including a declaration of the port at which the fame is to
be entered j if bound to the diftrift ot Tappahannock, (hall, before
he pass by the port of Urbanna, and immediatly after his arrival
deposit with the surveyor for that po.t, a like manifeft ; and il
bound to the diftrift of Bermuda-hundred or City-Poirft, shall
before he pass by Elizabeth river, and immediately after his
arrival, deposit with the collector of the port of Norfolk and
Portimouth, or with the collector for the port of Hampton, a like
manitett ; and the (aid surveyors and collectors refpeftively, (hall
after regiitering the manifefts, transmit the fame duly ceinfied to
have been so deposited, to the officer with whom the entries are to
?ji' w ' tho , ut whlch certificate uo fuchentry shall be received.
And oe it further enaded, That the duties of the refpeftive officers
to be appointed by virtue of this ast, (hall be as follows : At fucli
ofthe ports to which there shall be appointed a collector, naval
officer and surveyor, it shall be the duty of the collector to reccive
all reports, manifefts and documents made or exhibited to him by
the mailer or commander of any (hip or vcILl, conformable to
the regulationsprefenbedby thisaft, to makedue entry and recoid
in books to be kept for that purpose, all such manifefts and the
packages, marks and numbers contained therein j to receive the
entry of all ships and velTels, and of all the goods, wares and
merchandize imported in such (hips Or vessels, together with the
original invoices thereof ; to estimate the duties payable thereon
and toendorfe the fame on each entry ; to receive ail monies paid
for duties, and to take all bonds for securing the payment of duties
to giant all permits for all unlading and delivery of goods to
eniploy proper pelfons as weighers, gangers, measurers and in
lpecfors at the several ports within his diftrift, together with fucli
persons as (hall be neccffary to serve in the boats which may be
provided for securing the collection of the revenue, to provide at
the public expellee, and with the approbation of the principal of
licer of the treasury department, store houses for the fate keeping
0 goods, together with such scales, weights and measures as thai!
e deemed rieceffary, and to perform all other duties which shall
be al.igned to him by hw. Jt (hall be the duty of the naval-offi
cer to receive copies of all manifefts, to estimate and record the du
ties on each entry made with the collector, and to correct any er
ror made therein, before a permit to unlade or deliver (hall be
granted ; to countersign all permits and clearances granted by the
olleftor It (hall b? the duty of the surveyor to superintend and
irett all infpeftors, weighers, measurers, and gaugers, within his
a.itrict, and the employment of the boats which may be provided
Jor securing the collection of the revenue ; to go on board ffiipsor
vcikls arriving within his diftrift, or to put on board one or more
n! liu r'° afcerUm > by an hydrometer, what distilled (pints
hal( be of Jamaica proof, rating all distilled fpmts which (hall
be ot the proof of twenty-four degrees as of Jamaica proof, and to
examine whether the goods imported are conformable to the en
tries thereof; and the said surveyors (hall in all cases be fubicft to
the corUroul of the collector and naval-officer.
And he it further trailed, That every collector appointed in virtue
ot this ast, in cafe of hisneceffary absence, sickness, or inability to
execute the duties of his office,may appoint a deputy, duly authori
zed under his hand and seal, to execute and perform on his behalf,
j,i T' arthe powers, functions and duties of collector ot
tne didricl to which he the said principal is attached, who (hall be
anlwerable foi thenegleftof duty, or other mal-conduft of his said
deputy in the execution of the office.
And be it further enaaed, That in cafe of the disability or death
°A n. y M°] le^or ' the duties and authorities veiled in him by this
att (hall devolve on his deputy, if any such hath been appointed,
k°n c °, fe , COr ; dua the eftatc of such disabled or deceased collector
Ihall be liable) and the said deputy shall exercise the authority and
periorm all the duties, until a fuccellor (hall be appointed. But
"J caf " "bf"; no deputy is appointed, die authorities and duties
oh[he dilabled or deceased collector, (hall devolve upon the naval
officer of the fame diftrift, until a successor duly authorised and
1 worn, (hall enter upon the execution of the duties ofthe said office.
Andle U further evaded, That at such of the ports eftabliffied by
thisaft, to which a collector and surveyor only are alligncd, the
laid collector (hall execute all the duties herein required to be
■lone by the collector and naval officer ?t other ports. That at
such ports to which a collector only isafligned, such collector shall
pollels all the powers, and execute as far as may be, all the duties
prelcrioed to a collector, naval-officer, and surveyor, at the ports
where such officers are established ; that at such ports of delivery
only, to which a surveyor is assigned, it (hall be his duty to receive
and reeord the copies of all manifefts transmitted to him by the
collector; to enter and record all permits granted by such collec
tor, difhnguiflung the gauge, weight, measure and quality of the
goods fpecified therein ; to take care that no goods be unladen or
delivered from any (hip or vessel without such permit ; and to
perform all other duties required to be done by a surveyor : That
at such ports of delivery only, to which no surveyor is affined,
it (hall be the duty ofthe collector of the diftrift to attend the un
lading and delivery of goods, or in cases of necessity, to employ a
proper pcrfon or persons for that purpose, who shall possess the
power, entitled to the like compensation allowed to inspec
tors during the time they are employed. Every collector, naval
ofheer, and surveyor, shall attend in pcrfon at the port or diftrift
for which he is appointed, and before he enters on the execution
of his office, (hall take an oath or affirmation in the form follow
ing, to wit : " I——, do solemnly fwrar, or affirm (as the cafe
may be) that I -will truly and faithfully cxccute and perform
all the duties of a of the port or diftrift of
" according to law, and the heft of my skill and ability." The
said oath or affirmation (hall be administered by any justice of the
peace, and a certificate thereof, nnder the hand and seal of such
jufiire, transmitted within three "months thereafter to the comp
troller of the tieafury : Any collector, naval-officer or surveyor,
failing herein, (hall forfeit and pay twohundicd dollars, recover
uble'with cofis in any court having cognizance thereof, to the use
ot the informer. And no weigher, gauger, measurer ox infpeftor
lhall execute the duties of his office, until he lhall have taken the
above oath or affirmation.
And be it Jurther enabled, That the collectors, naval-officers and
surveyors to be appointed by virtue of this ast, ffiall refp;ftively
keep fair and true accounts of all their tranlaftions relative to their
duty as officers of the cultoms, in such manner and form ts may
be direftedbythe proper department, or officer appointed by law
to superintend the revenue of the United Slates; and lhall at all
times submit their books, papers and accounts, to the inlpeciion
of such persons as may be appointed for that purpose : And the
collectors of the different ports lhall at all times pay to the order
of the officer who lhall be authorised to direst the fame, the whole
of ihe monies which they may rcfpeftively receive by virtue of this
ast (such monies as they are otherwise by this ast directed to pay,
only excepted) and lhall also.once in every three months,or oftene'r
if thry (hall be required, transmit their accounts for fettleinent to
the department or officer before mentioned.
And b: itfurther enafled, That every malter or other person hav
ing or taking the charge or command of any Ihip or vetfel, bound
to any port of the United States, from any foreign port or place,
(hall deliver upon demand, to any officer or other pci son lawfully
authorised, who ffiall firft come on board his ffiip or velfel, two
manifefts, signed by the said master or pcrfou having command,
and (pecifying in words (and not iii figures) a true account of the
loading which such (hip or vessel had 011 board at the port from
which (he last lailed, and at the time of her failing, or at any time
since, the packages, maiks, and numbers, and noting thereon to
what poit in the United States such (hip or velfel is bound, and
the name or names of the person 01 persons to whom the goods
are consigned, or in cases where the goods are (hipped to order,
the names of the (hippers, noting the goods consigned to their or
der. One of which manifefts, filch officer, or other person ffiall
sign, and return to the master or other person having the charge
of luch (hip or vessel, certifying thereon as nearly as may be, the
time when the fame was produced, and that a like manifeft was
delivered to him ; and (hall tranlmit the other manifeft to the col
lector of the diftrift to which such (hip or velfel is bound.
And be it farther enafled, That the master or other person, haying
the charge or command of any (hip or vessel ((hips and vessels of
war excepted) coming into, or arriving in any of the ports or dif
tntlsof the United States, or in any of the creeks or harbours there
of, lhall within forty-eight hours after such arrival, repair to the
office of the collector of the diftrift where such vessel ffiall so ar
rive, and ffiall report to the said collector, the place from whence
he alt (ailed, with the name and burthen of his (hip or vessel, and
lhall deliver to such collector two manifefts, agreeably to the di
rections of this ast, unless he ffiall before have delivered one mani
teltto some officer, or other person lawfully authotifed in manner
as herein before is required ; in which cafe, he (hall deliver the
manifeft certified as aforefaid, together with such documents as
are usually furniffiedin the port from whence they came, and
man take and fubfenbe an oath or affirmation, before the collec
tor or other proper officer, which oath or affirmation, he or they
areauthonfed and required to administer.and lhall be in the words
so! owing, to wit : "I, , do solemnly (wear or affirm (as
the cafe may be) that this is, to the best of my knowledge and
.< I 7 a Jutland true manifeft of all the goods, wares, and iner
« 1 »"r , Z j°" b '"' d thc •st the P°" from which (he
lan lailed, at the time of her failing, or at any time since, and
ot which vessel lam at present master." And if the master or
other person having charge or command of any such (hip or vessel,
lhall rtlufe or neglect to make entry, or deliver his manifefts and
documents, pui fuant to the directions of thi* ast, or to take the
oath or affirmation herein prescribed, he lhall forfeit and pay five
hundred dollars for each relufal or neglect.
And be,t further enabled, That no goods, wares or merchandize
lhall be unladen or delivered, from any ffiip or vessel, but in
open day, or withouta peimitfrom the colleftorfor that purpofe
and if the master or commander of any ffiip or vessel ffiall fuffer or
permit thc fame, such master and commander, and every other per
son who fhallbe aiding or aflifting in landing, removing, houfin*
or otherwise fecunng the fame, (hall forfeitand pay the f„m of
four hundred dollars for every offence ; ffiall moreover be difablcd
trom holding any office of truft'or profit under the United States
for a term not exceeding seven years ; and it lhall be th, duty of the
collector of the diftrift, to advertise the names of all such persons
in the public gazette of the Hate in which he resides, within twenty
days after each refpeftive conviction. And all goods, wares and
merchandize so landed or discharged, ffiall become forfeited, and
may be seized by any officer of the customs ; and where the value
thereof ffiall amount to four hundred dollars, the vessel tackle
apparel and furniture, lhall be fubjeft to like forfeiture and seizure •
Provided always, That if any (hip or vessel compelled by
□ lftrefs ot weather, or other fufficient cause, ffiall put into any
port or place of the United States, other than that to which ihe
was actually deftmed, the master or other person having command,
del ° y ' e,g ' hours next after his arrival, make report
and deliver a true manifeft of his cargo to the collector of the port
nrntpft" » and mo/eover (hall within twenty-four hours, make
P ' he ufl,al lor " 1 before a notary public or justice of the
peace, ot the cause and circumstances of such diftrefc ; and if it
ffiall appear to the coneftor, that there is aneceffity for unlading
such (hip or vessel he ffiall grant perm,ffion, and appoint a proper
officer to attend the unloading thereof; and all goods, wares and
ffibLftmth'ff "k k C uoder thc direction, and
ffib eft to the of such collector ; but if any part thereof
ffiall be of a periffiable nature, or it may be necessary to make sale
of any part thereof to defray the expcnces of such vessel or cargo,
the said collector ffiall grant a licence tothe master, commander o^
owner, to dispose of so much thereof as are perifliable, or (hall be
neceffaiy to defray such expences : Provided, That the duties
thereon befirft paid or fecurcd : and provided also, That such
necessity be made appear by the wardens of the port, or other
persons, legally authorised to certify the fame, and where there are
neiphborhnod"b afr,d avit of two reputable citizens of the
neighboihood, best acquainted with matters of that kind
And be U further enaßed That every peifon having goods, wares
or merchandize, many (hip or vessel, which lhall arriveat any port
of entry, or of delivery only, ffiall make entry with the collector
of the port or diftnft where the fame lhall arrive, of all such goods
th/S 'I 'P ec| fy in g the number of packages, and
he marks, numbers and contents ot each (or if in bulk, the quanti
y and quality) together with an account of the nett prime cost
thereof; and ffiall moreover produce to the collector, the ordinal
~T°: '"voices, together with the bills of loading: And the
thfm v' f I"''" endorfetheduties on the said entry
the party making such entry taking an oath or affirmation thaMr
contains the whole of the goods, wares and merchandize import
ed b) him, or to him consigned in such (hip or vessel, which ffiall
o the heft C °fT- knowledge and ,hat the said invoice contains
to the beli of his knowledge and belief, the nett nri »u r
and that it he ffiall aftcrwardsdifcoverany other, or greater ouantitv
he n e' S f COn A t: Tt '? j Ch cntr V' hewill ma ke due report and entry
the peace. by him
And? t T '/, adm '"^ ft . ered and endorfedhy the collector
And be it father enafled, That all fuchentries so authenticated bv
■oartv r, K { f ° gether ' Wlth 3 C °Py ° f ,he made out by th c
annJ' 6 3ny P ermlt 1S granted for the landing of anv
she therein contained, be examined by
the naval-officer (where such officer is eftabliffied) who ffiall conn
terfign the tbe fame, and reuming one, ffiall return the other ccr
tified to the party, together with the bills of ladinc jt.H
invoices ; and on luch certified entries bein» reiuinrrf , ° ,Ce *
lector, and the duties thereon paid or secured to be p u co 1"
grant a permit tor the unlading and landing the rood. """
merchandize therein' mentioned. And at such pom f a,,d
naval-officer is appointed, the colleaor ihall »ram l.fc, „ lch °*>
the unlading and landing of all such S ood 4 a° lhall h, ? ermiuf 'r
and the duties thereof paid or secured * ent «td,
And be it further enaffed, That it (hall and mavhe I*. c.< r
colleaor, naval-officer, and surveyor, ot any' port n f° fortk t
delivery, at which any (hip or vefcrl may, arrive to r,„. or
such thip or velTel one or more infoefto,, who (hall m!i°l
to the perton having charge of such' thip or vessel the d,„- i "
to perform by virtue of th*is ast ; and tuch inf^afe 1 *
goods, wares or merchandize, lo be delivered without i '
from the proper officer, authonfing the fame ; and thall *?"""■
book to be by him kept for that purpose, the contents 0 T V
permit, fpecitying the marks and numbers of each rack, A
a defcnption thereof, with the name of the person to w? r*" 1
permit was granted ; and if at the expiration of fifteen Z " Ch
(hill K t S ? ° r 7 irel lhall j e S' n ""'load her cargo the"*
thall be found on board, any goods, wares, or merchand.ze ,fc
laid infpeaor fhail take possession thereof, and deliver the
colleaor of the diftria, or to such pe.fon as he (hall author ?
appoint on his behalf to receive the (aid goods, tak.ng hi, "
for the fame and giving a certificate tothe person having comma 'i
dejcnbingthe packages, and then marks and numbers f 0 ,T '
And as soon as any Ih>por vessel is imirely unladen, he' lhall
"f C0l!^ a ° r a " d naval officer, compare the account and entrie. h.
has made of the goods unladen from such (hip or vessel with .k!
man,tell delivered to the colleaor, and if it appears that ,h
more goods than are fpecified .n the said man.feil, the fame'S
be endorsed thereon, with a defcnption- of the packages.
mark* and numbers, or of such goods as may be in bulk
fame thall be tubfcribed by tuch infpeaor, who is hereby direct
to remained board the said thip or vessel until the is difcha^d
&OVIDXD ALWAYS, that the laid limitation of fifteen davsfluii
not extend to vessel. laden with fait or coal, but i £ e
owner of such vessels require longer time to discharge '
goes, the wages of the infpeaor for every day's attendance ct
ceeding the laid fifteen days thall be paid by the mailer or owner
And it any goods, wares or merchandize, fubjea to duty, (hall be
removed from the wharf or place where ihe fame may be landed
before they thall be weighed, or gauged (as the cafe may be'. or'
without the content of the colleaor, or other proper officer' all
tuch goods waies, or merchandize, to removed, lhall be forfeited
All goods delivered to the colleßor in manner aforefaid (hall i,.'
kept at the charge and r,f S ue of the owner, for a term no't exceed
•ng nine months ; and it within that time no claim be made for'
the fame, an appraisement thereol thall be made by two or more
reputable merchants, and lodged with the colleaor,' who (halt
[he dutilrv 1 r a r aion ' and pa * tl,c p^-^s,
he duties and charges thereon, into the treasury of the United
Mates, there to remain for the use of the owner, who ihall upon
due proof of his property, be entitled to receive the fame ; and the
receipt or certificate of the colleaor, thall exonerate the matter or
commander from all claim of the owner. Provided, Thatwhere
entry shall have been duly made of such goods, the fame Oiall not
a PP«««j ; and that where such goods are of a perilhable m
-3ure, they lhall be fold forthwith.
And it ,tfurther enabled, That if any goods, wares or merdian.
dize, on which duties are payahle, thall receive damage durinj the
oyage, or thall not be accompanied with the original invoice of
i eir cost, it (hall be lawful for the colleaor to appoint one met
chant, and the owner or consignee another, fcho being (worn or
affirmed by the collcaor well and truly to appraise such goods,
lhall value them accordingly, and the duties upon such goods inall
c eflimated according to luch valuation; and if any package, or
any goods (lowed in bulk which (hall have been entered as is here
in before direaed, (hall not be duly delivered, or if any ofthe
packages so entered lhall not agree with the manifefl, or if the
mamtctt (hall not agree with the delivery, in every fuchcafethe
person having command (hall forfeit and pay the sura of two
hundred dollars, unless it fliall appear that such difagreementwas
accationed by unavoidable necessity or accident, and not with in
tention to defraud the revenue.
And be it further enafled, That the ad valorem rates of dutiy
upon all goods, wares and merchandize, at the place of importation,
, a eltimated by adding twenty per cent, to the adual coll
thereof, if imported from the Cape of Good-Hope, or from any
pace eyond the fame ; and ten per cent, on the ad ual coll thereof,
an y ot^er place or country, exclusive of all
n be it further enafled, That all foreign coin and currencies
a e eltimated according to the following rates ; each pound
Iter]ing of Great-Britain at four dollars, forty-four cents; each
lvre tournois ol France at eighteen cents and an half; each florin or
guilder ofthe United Netherlands at thirty-nine cents; each mark.
Danco ot Hamburgh at thirty-nine cents and one third ; each rix
oar ot Denmark at one hundred cents; each rix dollar of Swe
den at one hundred cents; each ruble of Russia at one hundred
cents , ea ch leal plate of Spain at ten cents ; each milree of Portu
ga at one dollar and twenty four cents ; each pound sterling of
Ireland at four dollars ten cents ; each tale of China at one dollar
orty-eight cents ; each pagoda of India at one dollar ninety-four
cents ; each rupee of Bengal at fifty-five cents and a half; and all
ot ei denominations of money in value as near as may be tothe
au rates ; and the invoices of all importations, lhall be made out
in t le currency ofthe place or country, from whence the importa
tion lhall be made, and not otherwise.
be it further enafled, That all duties on goods, wares, and
merchandize imported, lhall be paid by the importer, beforea
permit lhall be granted for landing the fame, unless the amount
ot such duties lhall exceed fifty dolors, in which cafe it lhall be at
t e option of the party making entry, to secure the fame by bond,
with one or more fufficicnt sureties, to be approved of by the coir
lector, and made payable as followeth, to wit : Forthe duties up
on all articles of Welt-India produce, within fourmonths; forthe
duties npon all Madeira wines, within twelve months; and tor the
duties upon all other goods, within fix months ; but in anyca<cthe
party making entry thall beat liberty to deposit with thecollec
tor any part of the goods, upon which such duties thall arise, of
double the value in the judgment ofthe colle6lor to secure thepay
ment of the duties with the charges, which deposit the collector
ia accept in lieu of such bond and security, and shall Tafely keeo
the goods so deposited, at the expence and risque ofthe party, so*
t e term for which such bond would have been given, at the expi
ation whereof, unless the said deposit thall have been redeemed
by the payment of the duties, the said goods (hall be fold at pub
'■e fate, and as much as (hall be necessary applied to thepaymept
°ul. l Ut ' es > a nd the residue, after dedu&ing the charges,
which have accrued, lhall be paid to the owner, or owners of such
goods. Provided always, That where the amount of duties
lhall exceed fifty dollars, a discount lhall be allowed for prompt
payment, after the rate often percentumper annum onthe amount
or such excess: And provided also, That no pv. on whole
)ond lor the payment of duties is due and unfatisfied, lhall be al
owed a future credit with the collctlor, until such bond lhall be
tnlly paid or discharged.
And be it further enabled, That all the duties imposed by law on
the tonnage of any ship or vessel, lhall be paid to the collector.
within ten days after entry made, and before such IhiporvelTe
shall be permitted to clear out ; the register of which Ihip or vel
fel at the time of entry, shall be lodged in the officeof the colleti° r »
and there remain until such clearance.
(To be continued.)
PubliJhed by JOHN FENNO, No. 9, Maid"'
Lane, near the OJwego-Market, New-York.—£3 doLp r - av -i