686 APPENDIX TO BRITISH CASE. 



FISHING VESSELS ARE AMERICAN VESSELS. 



I learn that Canada attempts to excuse or palliate her act by 

 saying that she has only withdrawn commercial comity and hos- 

 pitality from our fishing vessels and their catch; but the plea is 

 superficial and invalid. President Jackson's arrangement of 1830 

 made no classification of American vessels, but included all that were 

 made vessels of the United States by this Department. 



Vessels of the United States have always been defined by Congress, 

 and notably in 1793, as those of five tons burden and upwards having 

 licences; those of "twenty tons and upwards having enrolments; and 

 those possessed of certificates of registry, provided those documents 

 were legally issued and are in force. Certificates of registry are, as 

 a rule, required for vessels engaged in foreign trade, and are per- 

 mitted to vessels engaged in domestic trade. Vessels of twenty tons 

 burden and upward, enrolled in pursuance of law, and having a 

 licence in force, are made vessels of the United States, entitled to 

 the privileges of vessels employed in the coasting trade and fisheries. 



The same qualifications and requirements are for registry as for 

 enrolment. If vessels are to be coasters or fishers, they must be 

 licensed, and only for one year, and cannot carry on any other busi- 

 ness unless another document has been obtained from the Treasury, 

 which is a permit to " touch and trade." A registered vessel cannot 

 be licensed to carry on the North Atlantic fisheries, but she may carry 

 on such fisheries without a license. Enrolled vessels, having a license. 

 may generally go from one of our ports to another without entry or 

 clearance, but registered vessels must enter and clear. A registered 

 vessel, carrying on whale fishery, may enter foreign ports for trade, 

 but a whaler only enrolled and licensed cannot thus enter. No ves- 

 sel from a foreign port can enter, and unload, excepting at ports 

 designated by Congress; nor can merchandise come in vessels of less 

 burden than thirty tons, and the cargo must be accompanied by a 

 manifest, which must be exhibited to the first boarding officer, and 

 again on entry. If an American vessel, licensed for fishing, shall be 

 found within three leagues of our coast with foreign goods on 

 409 board of greater value than $500, she is liable to forfeiture 

 with all her cargo, unless possessed of a permit " to touch and 

 trade " at foreign ports, and then she must regularly enter, surrender 

 her permit, pay duties, and be subject to all regulations for vessels 

 arriving from foreign ports. 



One incident will be sufficient to explain that the law defined which 

 vessels, " and none others," shall be American vessels. In 1838, Mr. 

 Justice Story had decided that under the statute 2 no registered ves- 

 sel was then entitled to carry on the whale fisheries as an American 

 vessel, or to the privileges of an American vessel. By the law of 

 April 4, 1840, Congress cured the defect. 



We separate American vessels into subdivisions, as by registry, by 

 enrolment and license, by license. Pleasure-yachts make another 

 subdivision. But foreign Governments cannot say that a vessel, 

 regularly documented, is by reason of her class, not an American 

 vessel. The classifications referred in the beginning, and refer now. 

 chiefly to fees, tonnage taxes, entrance and clearance, production of 

 manifests, passenger-lists, oaths, unlading, and similar things, when 

 our vessels are in our own ports. Ferry-boats are American vessels. 



