CONGRESS OF the UNITED STATES.
Begun and held at the City of New-York, on Wednesday the Fourth
of March, One Thousand Seven Hundred and Eighty-Nine.
An ACT for registering and clearing VESSELS,
Regulating the COASTING-TRADE, and for
other purposes.
Be it enafled by the Senate and House oj Reprefintathes of the United
States of America in Congress ajfembled, That any {hip or vessel built
within the United States, and belonging wholly to a citizen or
citizens thereof, or not built within the United States, but on
the sixteenth day of May, one thousand seven hundred and eighty
nine, belonging, and thereafter continuing to belong wholly to a
citizen or citizens thereof, and of which the master is a citizen of
the United States, and no other, may be registered in manner here*
inafter provided, and being so registered, lhallbe deemed and tak
en to be, and denominated, a (hip or vessel of the United States, and
entitled to the benefits granted by any law of the United States*
to ships or vessels ot the descriptions aforefaid.
Sec. 2. Andbeit further enabled, That the person or persons
claiming property in any such ship or veflel, in order to entitle
her to the benefits aforefaid, shall cause the fame to be registered
and lhall obtain a certificate of such registry from the collector of
the diftrift to which such ship or vessel belongs, in manner here
inafter directed, which certificate, attested by the secretary of
the treafurv, under his hand and seal, and counterfigncd by the
collector, shall be in the form following, viz.
41 IN pursuance of an ast of the Congress of the United States
of America, entitled, " An ast for registering and clearing vessels,
regiilating thecoafting trade, and for other purposes," [hereinfert
the name, occupation and residence of the subscribing owner] hav
ing taken and fubfCfibed the oath or affirmation required by said
ast, and having sworn or affirmed, that he together with [names,
occupation and residence of non-fubferibing owners} is (or are)
sole owner (or own rs) of the (hip (or vessel) called the [{hip's
name] of ["place to which the ship or vessels belongs} whereof [maf
ter'sname] is at present master, and is a citizen of the United
States, and that the said ship (or vessel) was [[when and where built J
and [name of surveying officer] having certified to us, that the
Jaid ship or vessel, has [number of decks] and marts, that her
length is her breadth
her depth and that she
measures tons, that {he is [here is described
the vessel and how built] has gallery and
head : And the said subscribing owners having consented and a
greed to the above description and measurement, and having
caused fufficient security to be given as is required by the said ast,
the said [kind of vessel and name] has been duly registered at the
port of Given under our handl and seals of
office, at [port] this day of in
the year [words at full length.] And the said colleftorfhall trans
mit to the secretary of the treafurv a duplicate of every such cer
tificate so granted. And it shall be the dut, of the fecretafy of
the treasury to transmit to the collectors of the several ports of
the United States, a fufficient number of certificates attested under
his hand and seal, leaving the blanks to be filled up by the col
lectors refpeftively.
Sec. 3. And be it further ena fled, That to ascertain the tonnage
of all ships or vessels, the surveyor or other person appointed
by the collector to measure the fame, shall take the length of
every vessel, if double decked, from the forepart of the main
stem, to the after part of the stern post above the upper deck, the
breadth at the broadest part above the main wales, and half such
breadth shall be accounted the depth of every double decked ves
sel; he shall then deduct from the length three-fifths of the breadth,
multiply the remainder by the breadth, and the product by the
depth, dividing the product of tne whole by ninety-five, the quo
tient shall be deemed the true contents or tonnage of such ship or
vessel. To ascertain the tonnage of every single decked vessel, he
shall take the length and breadth, as directed to be taken for dou
ble decked vessels, and deduct three-fifths in like manner, and
the depth from the under fide of the deck plank to the ceiling in
the hold, and shall multiply and divide as aforefaid, and the
quotient shall be deemed the true contents or tonnage of such sin
gle decked vessel.
Sec. 4. And be itfurther enafled, That the port to which any such
ship or vessel fhallbe deemed \o belong, agreeably to the intent and
meanings of this ast, shall be the port at or near which the hufhand
or acting and managing owner or owners of such ship or vessel usu
ally resides or reside : And the name of such ship or vessel, and the
place to which she belongs shall be painted on her stern, on a
black ground with white letters of not lei's than three inches in
length.
Sec. 5. And be it further enafled, That no ship or vessel owned
in whole or in part by any citizen of the United States, usually
residing in any foreign country, shall duringthe time he shall con
tinue foto reside, be deemed a vessel of the United States, entitled
to be registered by virtue of this ast, unless he be agent for, and
partner in, some house or co-partnership, consisting of citizens of
the United States.
Sec. 6. And be it further enafled. That no registry fhillbe made
or certificate granted, until the following oath or affirmation be
taken and fubferibed, before the officer herein before authorised
to make such registry and grant such certificate, {which oath or af
firmation such officer is hereby empowered to administer) by the
owner of fueh ship or vessel, if owned by one person only, or in cafe
there shall be two or more owners, then by any oneof such owners
namely, " I of [place of residence and occupa
tion] dofwear oraffirm, that the ship or vessel
of [take the description from the cer
tificate of the surveyor or other person authorised by this aft] was
built-at in the year
or was the entire property of on
the sixteenth day of May one thousand seven hundred and eighty
nine, and hath continued to be the property of a citizen or citi
zens of the United States, that the
present master, is a citizen of the United States, and that I,
ancf [the other owners names, occupa
tion, and where they reside, viz. town, place, county and state,
or if refidentSn a foreign country, being an agent for, or partner
in any houle or co-partnership] am or are sole owner 6r owners
of the said ship or vessel, and that no other person whatever hath
any property therein, and that I the said
[and the other owners if any] am or are truly a citi
zen or citizens of the United States, and that no foreigner, direct
ly or indirectly, hath any part or interest in the said ship or vene!.'-'
Sec. 7, Provided always, and be it further enafled, That when
ever the owner or owners of such ship or vessel, ulually resides or
reside out of the diftrift within which such ship orveffel maybe
at the timeof granting the certificate of registry, that such owmr,
or where there are two or more owners, any one of them may
take and fubferibe the said-oath or affirmation, before the col
lector of the diftrift within which he usually resides, omitting in
the said oath or affirmation the description of such ship or vessel
as expressed in the certificate of the surveyor, and inserting in
Jieu thereof, ihe name of the port and diftrift within which such
ship or vessel may then be; and the coHeftor before whom such
o.nh or affirmation may be taken and fubferibed, shall transmit
the fame to the collector of the diftrift where such ship or vessel may
be, upon the receipt whereof the said colleftorfhall proceed to re
gister such ship or vessel, in like mamner as though the usual and re
gular oath or affirmationhad been taken and fubferibed before him.
Sec. 8. Andbeit further enafled, That the surveyor or other
person, to be appointed in pursuance of this ast, shall, previous
to the registering or granting of any certificate of registry, as afore
faid, examine and measure such ship or vessel, as to all and every
particular contained in the form of the certificate aforefaid, ihthe
prefenci of the matter, or any other person to be appointed for
that purpose on the part of the owner or owners, and shall deliver
a just and true aceount in writing of the built, description
and measurement of every such ship or veflel as are fpecifud in the
form of the certificate above recited, to the person authorised as
aforelaid, to make such registry and grant such certificate thereof;
and the said mailer or other perlon attending on the part of the
owner or owners, is hereby required to sign his name also to the
certificate of the surveying or examing officer, or other person duly
appointed, in testimony of the truth thereof, provided such mal
ter or other person, shall agree to the fevefal particulars therein
set forth and described. f
Sec. g. And be it further enabled, That when the certificate of
registry aforefaid (hall be granted, fufficient security by bond,
shall be given to the collector in behalf of the Urtited States, by
the master and owner or owners, or by some other person or per
lons on his, her or their behalf, such security to be approved of
by the collector, in the penalties following, that is to fay ; if such
ship or veflel shall be above the burthen of fifteen and not exceed
fifty tons, in the penalty of four hundred dollars, if exceeding
the burthen of fifty tons and not exceeding one hundred tons, in
the penalty of eigKt hundred dollars ; if exceeding the buflhen
of one hundered tons and not exceeding two hundered tons, in
the penalty of twelve hundred dollars ; if exceeding the burthen
of two hundred tons and not exceeding three hundred tons, in the
penalty of 1600 dollars; and if exceeding the burthen of three hun
dred tons, in the penalty of two thousand dollars. And the con
dition of every such bond shall be, that such certificate lhall not
be fold, lent, or otherwise disposed of to any perlon or persons
whomsoever, and that the fame shall be solely used for the ship or
veflel to which it is granted, atfid that in cafe such ship or veflel
shall be loft or taken by an enemy, burnt, or broken up, or other
wise prevented from returning to the port to which ibe belongs,
the certificate, if preserved, shall be delivered up within three
months after the arrival of the matter in any port or place in the
United States, to the collector of thediftrift where he shall arrive ;
and that if any foreigner, or any person or persons for his or their
use and benefit, (hall purchafc or otherwise become entitled to
the whole or any part or (hare of,on intereftin such ship or veflel,
and the fame {ball be within any diftrift of the United States, in
such caie the certificate of registry, shall, within seven days after
such purchase or transfer of property in such ship orveffel, be de
livered up to the collector of the said diftrift ; and in cafe such
fliip or vessel shall be in any foreign port or place, or atfea when
iuch transfer of interest or property lhall take place, the said mas
ter lhall, within eight days after his arrival in any. port or place
within the United States, deliver up the said certificate to the col
lector of the diftrift where he (hall arrive j and all the certificates
10 delivered up, lhall be forthwith transmitted by tlie collector to
the fecrctary of the treasury to be cancelled.
Sec. id. And be itfurther enafled, That whenever any ship or
vessel registered in eonformity with this 4ft, shall in whole or in
part be fold or transferred to a citizen or citizens of the United
States, theformer certificate of registry shall be delivered up to the
collefter, and by him without delay transmitted to the fecretaiy
of the treasury to be cancelled, and such ship or veflel (hall be
registered anew by her former name, and a certificate thereof (hall
be granted by the collector in like man«er as is herein before di
rected.
Sec. li. And be i' further enafled, That whenever any
such (hip or vessel (hallj in whole or in part befold or trans
ferred to any person or persons, the certificate of the
regi ftryof every such (hip or vessel, (hall be recited at length in
the inftrumentof transferor sale thereof, and in default thereof
such instrument or sale or transfer shall be void, and such (hip or
vessel, shall riot be deemed ordenominated a Ihip or vessel entitled
to any <jf the benefits or advantages of a (hipor vessel of the United
States.
Sec. 12. And be it further enafled, That whenever the master
or other person, having the charge or command of any (hip or ves
sel regifteied in the manner herein before directed, (hall be
changed, the master or owner of such Ihip or vessel, (hall deliver
to the collector of the diftrift where such change (hal! lake place,
the certincate of registry ol such (hip or vessel, who (hall thereon
endorse and fubferibea memorandum of such change,andforthwith
give notice of the fame to the collector of the diftrift where such
(hip or vessel was last registered pursuant to this aft,who (hall like
wise make a memorandum of the fame in the book ofrcgifters,
andtranfmit a copy thereof to the fecretaryof the treasury.
Stc. 13. And be it futher enotfed, That if the certificate of re
gistry of any (hip orveffel lhall be loft or destroyed, the master or
other person having charge of such Ihip or vessel, may make oath
or affirmation before the collector of the diftrift where such (hip
or vessel may arrive, who is heieby authorised to administer the
fame in the words and form following;
, '' . being master, or having charge of
the (hip of vessel called the do swear,
or affirm, that the said Ihip orveffel hath been, as I rerily believe
registered according to law by the name of
and thit a certificate thereof was granted at the port of
but that the fame is loft or destroyed (as the Cafe may
be) and that the fame, if found again, and comes again within my
power lhall be delivered up to the collector of the port where it
was granted ; and that the master of said (hip or vessel is a citixen
of the United States; andthat the said ship orveffel is, I believe,
the entire property of a citizen or citizens of the United States •
and that no foreigner has, to my knowlege and belief, any pro
perty or inters therein Ami the said oath Or affirmation shall
be filed in the office of the collector before whom it was made,
who is hereby required to register the said vessel anew by her for
mer name, and take the security in manner herein before directed
and deliver the certificate of such registry to the owner or owners,
11 rending within his diftrift, Or if not residing there, to the mas
ter orother person having charge of said ship orveffel, that such
certificate ofregiftry is granted in pursuance of this ast, instead of
a former certificate of registry, which appeals by such proof Ss
this ast requires, to be loft ; and such certificate of registry (hall
have the fameeffeft with the original, and the said collector (hall,
within three months, transmit a duplicate of the said certificate
to the fecretaryof the treasury to be registered in his office, who
shall notify the collector, who granted the certificate which was
loft or destroyed, of the fame, who is hereby required to cause a
memorandum thereof to be made in his book of registers.
Sec. 14. And be it futthtr ehtßtd, That if inv (hip or vessel
alter having been registered in pursuance of this ast, lhall in any
manner whatever, be altered in form or burthen, by being length
ened 01 built upon, or from one denomination to another, by the
mode or method of rigging or fitting, in such cafe, such vessel (hall
be registered anewby her former name in manner herein before
directed, as soon as (he returns to the port to which (he belongs, or
to any other port in which (he may be lawfully registered by virtue
of this ast, otherwise such (hip or vessel (hall not be deemed and
considered as a ship or vessel of the United States,
wj"- '5- hit further enaaed, That the collector of every
diftrift where registers (hall be made and certificates granted in
pur uanceof this ast, (hall progressively number the fame as they
ffiall be severally granted, begining at the time when this ast (hall
Z £■?'"' a " d contlnu ing to the end of the present year, and
thenceforth beginning at the commencement of every year and
ffial enter an exact copy of every such certificate, wiVthe num
abo"k t0 be keptfor that purpose, and (hall with
in three months transmit to the secretary of the treasury, a true co
"* - . flwll I*
one thousand seven hundred and eighty-nine and belomrin
ly or m part to the fubjrfts df foreign powers fhil j
vet Tel was built, in manner, following that is to fa* • n l .
i er ot every such fliip orvetW thall make oath or affirhwl
| lore the collcttor of such diftrift, who is hereby author, f rl?
minister iuch oath in manner following.; I, ' dt( 3ad.
of [here insert the place of residence,' county, and (UteU
wright, do swear, or afhrm, that [here deflate the liadfe
K l J namC , d , h.v.ng (mjmbcr of
being in length in breadth J '"<*
| ' n depth and measuring
| t L ons > havi "g gallery and
head, was built by me, or under my direftio,, vr«l>,«
and Hate] in the United States,.in the year ' L " «"»><?
which oath or affirmation thall be records
p 0 a " ner c direa.-d, in a book to be kept for that pw"
Sec 17. And be it further ertdfled, That a certificate of the fci J
recoid, attefttd under the hand arid leal of the colk-ftor nf m, j-/
; trift as aforefaid, thall be granted to the matter of every f.rt £
' An Art" 1 manner fo " owm 8 :ln purfuaoce of an ast,
1 collector of the dift iifl of ' m, ..
States, do certify that the builder [name} ot [place of tt&ime
county and state] having sworn or affirmed, that tIK (kin arvoff.l
[here designate the kind of vcffelj named whrr
is at P rcfcnt master, was built at [place couL
and state where built] by him or under his dtreflion, in [hTyw
and [here insert the name of the fur
veyor, or other person appointed by the collector, where there i.
no surveyor] having no certificate that the laid ftnp 01 vessel b»
[number of decks] is in length P
, and measures
tons ; and the said builder and matter having agreed
to the fa id defcripuon and measurement.the said thip or vessel h>.
been recorded in the diftrift of
in the United States. Witness my hand and seal. this
day of in the year ~
which sertificatc thall be recorded in the office of the collefld'
and a duplicate thereof transmitted to the secretary of the treasury
of the United States, to be recorded in his office.
Sec. 18. And be itfurther enaficd, That the furveyoror other ptr
tons to be appointed by the collcrtor as aforefaid, is hereby requ.r
ed to deliver a true account in writing, signed with his name of
the built, description and meafuremfcnt of every such ihipor vessel
as fpecified in the form of the said certificate, of record ot such
thips or vedels, which accounts (hill also be signed by the malta
to the colSeftor of the (Mrift where such certificate of the record
lhall be granted.
Sec. 19 And be it fnrthet e*attei y That tf the rlrafter dr the
name of any (hip or vessel so recorded (hall be changed, the owner,
part owner or confignce of such (hip or vessel (hall cause a memo
rand urn thereof to beendorfed on the certificate of the record, by
the collector of the diftrift where futh (Kip of vessel may be,or at
which me (hall arrive, if such change take place in a foreign coon,
try, and a copy thereol (hall be entered in the book ot records,*
tranfenpt whereof (hall be transmitted by thecolle&or to the col
lector of the diftrift where such certificate was granted, who (hall
the fame in hisbook Of records, and forward a duplicate of
luch entry to the secretary of the treasury of the l/nitcd States;
£*» until the said owner, part owner or confignce
lhall cause the said memorandum to be made by the Colle&orin
manner aforefaid, such ship or vessel (hall not be deemed orcoa
lidered as a veffrl recorded in pursuance of this Act.
Sec. 20. And be it further enaQed, That the master or dttierper
lon having command of anv Ihipor vessel recorded in purfaanceof
this act, (hall on entry ot iuch (hip or vessel produce the certificate
°u r to co^c^or of the diftrift, in failure of which
t e faidfhip or vessel (hall not be entitled to the privileges of a vessel
recorded as aforefaid.
Sec. 21. And be it further enafled, That all the penalties and for
feitures infixed and incurred by this ast, shall, and may be faed
prosecuted and recover|pl in such Courts and be difpofedofin
luch manner as any penalties or forfeitures inflifted,or which may
be incurred for any offence committed against the United States,
in and by an ast, entitled " An ast to regulate the collection of the
uties imposed by law, on the tonnage of ships or vessels, and on
goods, wares, and merchandize, imported into the United States,"
may legally be sued for, profecufed, recovered, and difpofedof.
c ec. 22. And be it further ena fled, That from and after thetttith
day of Septemper «iext, every (hip or vessel of the burthtn of
twenty tons or upwards, buil£ within the United States, and whol
y owned by a citizen or citizens thereof ; or not built within the
United States, ?nd on the fixteehth day of May, one thousand
even hundred and eighty-nine, wholly owned and thereafter con
tinuing to be owned by a citizen or citizens of the United States,
ut not regiftercd, if deftincd from diftrift to diftrift, or to the
ank or whale filheries, shall, in order to be entitled to a)l the pri
vileges of a (hipor vessel belonging to the United States, employ
.J n l "5 coa ft» n g trade or in the hlheries be enrolled by the tol
c^. or °f diftrift where the owner, or one of the owners of such
ma y re^e » ant * every vessel so enrolled, (hallhave her name
and the name of the place to which (he belongs painted on her
tin" manncrc * lre ft c d by this ast, for registered vessels, and such
co lcclor on due proof by oath or affirmation to him made by Ae
owner, or one of the owners of such (hip or vessel, of her name,
burthen and denomination, and that (he is of the description afoit
id, and the names of the owner or owners, and of the master
thereof, and that they are citizens of tne United States, and of the
place or places of residence of such ewner or owners* (hall enroll
in a book to be kept for that purpofe,thenameof every such vessel,
her burthen, Vhere built and denomination, the name or names,
and place or places of residence of the owner or owners thereof,
and that he or they, together with the master are citizens df tlte
United States, a difcription of the built of such Vessel as afottfard,
and the date of the enrollemcnt, and (hall also grant to theownct
or owners, a certificate, containing a copy of such enrollment, aod
and. transmit Jo the secretary of the treasury a copy of every
luch certificate of enrollment, to be by him recorded : And when
ever the property of such (hip or vessel (hall be changed in whole
or in part, the person or persons who (hall then be owndror
owners, or one of them, (hall make known such change tothecol-
Jeftor of the diftrift where he or they may reside, and such collet
is hereby authorised and directed to grant a new certificate of the
enrollment of such (hip or vessel bv her forfner name, to sucH
owner or owners, upon his or their delivering up the former cer*
tificate, which (hall be sent to the office of the collector faM l
whence it was issued, to be cancelled.
Provided, That the master or owner of every vessel of left
twenty tons burthen, and not less than five tons, which Hull
employed between any of the diftrifts rn the United States,
cause the name of such vessel, and of the place to which (he belongs,
to be paihted on her stern in manner directed by this ast f° r r £"
giftered vessels, and shall annually procure a lictfnce from t e
eolleftor of thediftrift to which such vessel belongs, who i« iWjJ
authorised to give the fame, purporting that such vessel is
from clearing and entering for the term of one year from the a
thereof ; and the master or owiler of every fucn vessel
bond with fufficient security for the payment of two htindfe 0
lars to the United States, with condition that such vessel (ha "
be employed in any illicit trade or commerce, and before am n
licence (hall be given for a succeeding year to the master 0
vessel, he shall on oath or affirmation, declare that no .
has been carried On in such vessel to his kttotolege or beli« a
ing the time for which (he was licensed.
(The remainder in our next.)
Published by JOHN FENNO, No. 9, Maided
Lans, liearthe Ofwcgo-Marktt, N iiolf-