From: History of Congress, April 1808
EMBARGO.
Agreeably to the notice given yesterday; Mr.
SMITH, of Maryland. asked and obtained leave to bring in a bill
in addition to the act, entitled "An act laying an, embargo
on all ships and vessels in the ports and harbors of the United
States," and the several acts supplementary thereto, and
for other purposes; and the bill was read; and ordered to the
second reading. The bill is as follows:
Be it enacted, by the Senate and House of Representatives
of the United States of America, in Congress assembled, That
during the continuance of the, act laying an embargo on all
ships and vessels in the ports and harbors of the United States,
no vessels of any description whatever, and wherever bound,
whose employment is confined to the navigation of bays, sounds,
rivers, and lakes, within the jurisdiction of the United States,
(packets, ferry-boats, and vessels, exempted from the obligation
of giving any bond whatever, only excepted,) shall be allowed,
to depart from any port of the United States without having
previously obtained a clearance, nor until the master or commander
shall have delivered to the collector or surveyor of the port
of departure, a manifest of the whole cargo on board, including
articles of domestic growth or manufacture, as well as foreign
merchandise. And it shall also be the duty of the owners agents,
or factors of every such vessel to produce within one month
thereafter, to the collector of the district from which the
vessel departed, a certificate of the landing of the whole of
such cargo in a port of the United Staten, within the bay, sound,
rivers, or lakes, to which the navigation of such vessel is
confined, signed by the collector or surveyor, of the port,
where the cargo shall have been landed.
Sec. 2. And be it farther
enacted, That if any vessel described in the next preceding
section, shall depart from a port of the United States without
a clearance, ,or before the manifest of the cargo shall have
been delivered to the collector or surveyor, in the manner therein
prohibited, or if a certificate of the landing of the cargo
shall not be produced within the time and in the manner therein
provided; such vessel and cargo shall be forfeited, and the
owner or owners, consignee, agent, factors, freighters, master
or skipper of such vessel, shall respectively forfeit and pay
a sum not exceeding thousand dollars, nor less than thousand
dollars: Provided always, That nothing herein contained shall
be construed to bar or prevent the recovery of the penalty on
the bond given for each vessel.
Sec. 3. And be it further
enacted, That (luring the continuance of the act, laying an
embargo on all ships and vessels in the ports and harbors of
the United States, and of the several acts supplementary thereto,
it shall be the duty of the master or person having charge or
command of any vessel, flat, or boat, intended to that part
of the river Mississippi, which lies between the southern boundary
of the Mississippi Territory, and the river Iberville, if going
down the said river, to stop at Fort Adams, and if going up
the river, to stop at Iberville, and at each place, as the case
maybe, to deliver to an inspector of the revenue, to be stationed
there for that purpose, a manifest of the whole cargo on board,
and also to produce within two months thereafter to the same
officer, a certificate of the landing of the same in some port
of the District of Mississippi, and within the jurisdiction
of the United States; which certificate shall be signed by the
collector or one of the surveyors of the District of Mississippi,
or if the cargo shall be landed more than thirty miles from
the place of residence of any such officer, by a State Or Territorial
judge, having jurisdiction, at the place of such landing.
Sec. 4. And be it further
enacted, That if any vessel, flat, or boat, shall enter that
part of the river Mississippi, as prescribed in the next preceding
section, without stopping and delivering a manifest in the manner
therein provided, or if a certificate of the landing of the
cargo, shall not be produced within the time and in the manner
therein provided, such vessel, flat, or boat, and cargo, shall
be forfeited , and the owner or owners, consignee, agent, factors,
freighters, master, or skipper, of any such vessel, flat, or
boat, shall respectively forfeit and pay a sum not exceeding
- dollars, nor less than - dollars.
Sec. 5. And be it further
enacted, That no ship or vessel, having any cargo whatever on
board, shall, during the continuance of the act laying an embargo
on all ships and vessels in the ports and harbors of the United
States, be allowed to depart from any port of the United States
for any other port or district of the United States, adjacent
to the territories, colonies, or provinces of a foreign nation:
nor shall any clearance be furnished to any ship or vessel bound
as aforesaid, without special permission of the President of
the United States: And if any ship or vessel shall, contrary
to the provisions of that act, proceed to any port or district
adjacent to the territories, colonies, or provinces of a foreign
nation, such ship or vessel, with her cargo, shall be wholly
forfeited; and if the same shall not be seized, the owner or
owners, agents, factors, and freighters of such ship or vessel,
shall for every such offence forfeit and pay -and the master
of such ship or vessel, as well as all other persons who shall
knowingly be concerned in such prohibited voyages, shall each
respectively forfeit and pay for every such offence, whether
the vessel be seized or not.
Sec. 6. And be it further
enacted, That the commanders of the public armed vessels,
and gunboats of the United States, shall, as well as commanders
or masters of the revenue cutter's and revenue boats; be authorized,
and they are hereby authorized, to stop slid examine any vessel,
flat, or boat, either on the high seas or within the jurisdiction
of the United States, which there. may be reason to suspect
to be engaged in any traffic or commerce, or in the transportation
of merchandise of either domestic or foreign growth or manufacture,
contrary to the provisions of this act, or of the act laying
an embargo on all ships and vessels in the ports and harbors
of tile United States, or of any of the acts supplementary thereto;
and if upon examination it shall appear that such vessel, flat,
or boat, is thus engaged, it shall be the duty of the commander
to seize every such vessel, flat, or boat, and to send the same
to the nearest port of the United l States for trial.
Sec. 7. And be it further
enacted, That the Comptroller of the Treasury be, and he is
hereby authorized to remit the duty accruing on the importation
of goods of domestic produce, or which being of foreign produce,
had been exported without receiving a drawback, which may have
been or may be re-imported in vessels owned by citizens of the
United States, and which having sailed subsequent to the first
day of October last, and prior to the twenty-second day of December
last, may be or have been stopped on the high seas by foreign
armed vessels, and by reason thereof have returned, or may Hereafter
return into the United States, without having touched at any
foreign port or place. And the said Comptroller is likewise
authorized to direct the exportation bonds given for foreign
merchandise exported with privilege of drawback, in such vessel,
and re-exported in the same, in the manner aforesaid, to lie
cancelled, the duties on such re-importation being previously
paid. and on such other conditions and restrictions as may be
necessary for the safety of the revenue.
Sec. 8. And be it further
enacted, That during the continuance of the act laying an embargo
on all ships and vessels in the ports and harbors of the United
States, no foreign ship or vessel shall go from one port in
the United States to another; and should any foreign ship or
vessel, contrary to this section, go from one port of the United
States to another the vessel with leer cargo shall be wholly
forfeited, and the owner or owners, agent, factors, freighters,
and master of such ship or vessel, shall forfeit and pay a sum
not exceeding ___ dollars, nor less than ___ dollars.