While they ought, in the opinion of the Secretary, to be thus subjected to a strict supervision at places where there are officers, it appears to him proper that they should be exempted from the obligation either of entering or clearing when at places where there are none. The necessity of journeys to distant offices, frequently across rivers and bays, and at the expense of the loss of favorable winds, occasions, in some parts of the Union, serious obstructions to the coasting trade. As connected with the idea, it would tend to the security of the revenue if a discretion were allowed to appoint inspectors at places which are not ports of general entry or delivery, for the purpose of entering, clearing, and overseeing coasters.
Section 23. In the remarks on the act imposing duties on tonnage, the construction which has obtained upon the last clause of this section has been stated, together with the hardships which have ensued to individuals from misapprehension of it.
A different modification of the provision has also been suggested. Among other reasons to be assigned for it is this: that, by obliging all registered vessels to take our licenses, it unnecessarily increases the number of vessels entitled to the privileges of coasters. In the opinion of the Secretary, these ought to be confined to such as are ordinarily employed in the coasting and fishing trade; to effect which it may be proper that previous to the granting of any license an oath or affirmation should be made that the vessel for which it is required is, bona fide, intended to be employed as a coasting or fishing vessel during the period for which it is to be granted, or the greater part of it; and even to annex a penalty to the taking out a license for any vessel which shall not be so employed. This, in respect to fishing vessels, seems peculiarly necessary, as it is easy to see that on the pretext of that employment licenses may be perverted from their real purpose to that of a mere cover for illicit practices.
There is no provision for the case of a change of property within the year, for which a license may be granted, which sometimes occasions sureties to be bound for parties they did not contemplate. This, and the repetition of tonnage duty, which is a consequence of it, is regarded as an inconvenience, requiring to be remedied by a provision for the granting new licenses, when such changes happen, upon new security for the remainder of the year.
Sections 27 and 28. As there are no particular penalties annexed to a non-compliance with the requisites of these sections, it has, of course, been found in some instances difficult to enforce their execution. And though it is presumed that such non-compliance would be a good probable cause of seizure, yet if, in the event of a trial, it turned out in one case that there were no foreign goods nor ardent spirits exceeding four hundred gallons on board; and in the other, that a manifest and permit had been obtained, and that no goods were on board but such as they had specified, no penalty could be inflicted. And a vexatious litigation between the officer and the party might be the only fruit of the seizure.
It is inferred from the last of these sections that a coaster whose ultimate destination is for a place where a collector or surveyor resides, having on board goods for any intermediate place, is not at liberty to land those goods at such intermediate place till after a permit for landing shall have been obtained at the place of destination; which is complained of as a grievance, and certainly is attended, in many cases, with considerable inconvenience. A relaxation in this respect, may be advisable. And to guard as much as possible against any ill effects from it, it may be expedient that, whenever a coaster arrives at a port where a collector or surveyor resides, it should be incumbent upon the master of her to make a report in writing, and upon oath, stating the goods on board at the time of her departure from the last port left by her at which a collector or surveyor presided, and which may have been afterwards taken in or delivered prior to her arrival at the place of report. In this case, to avoid a too great multiplication of oaths, the oaths required by the 25th and 26th sections may be dispensed with; though it will be still useful that the manifests should be exhibited and certified.
Section 31. The Secretary, considering it as an essential rule that emoluments of office should not be extended by construction or inference beyond the letter of the provision, lest a door should be opened to improper exactions, has instructed the officers of the customs to govern themselves by a literal interpretation of the several clauses of this section; the consequence of which, however, is that equal services are unequally recompensed.
This chiefly arises from that clause which allows a fee of sixty cents.
“For every entry of inroad cargo, directed to be made in conformity with this act, and for receiving of, and qualifying to, every manifest of vessels, licensed to trade as aforesaid.”
The entry and the receiving and qualifying to a manifest being joined together by the word and, are understood as one service, to which a fee of sixty cents is attached; so that, when only either of the two things is performed, and not the other, no fee is taken.
Hence there is no allowance for swearing the master to his manifest, and granting a certificate of its having been done according to the twenty-fifth and twenty-sixth sections of this act, because it is not accompanied in either case with an inward entry. Twenty cents for the permit to proceed to the place of destination is the only fee understood to be demandable for the services specified in these sections.
The sixty cents are deemed applicable only to the services enjoined by the twenty-seventh section.
A revision of this section will upon accurate examination be found eligible for other reasons, which for the sake of brevity are omitted.
The foregoing are the principal remarks which occur on the provisions of the several acts, on which the Secretary has been directed to report. These acts have fulfilled their objects in all respects as well as could reasonably have been expected from the first essay on so difficult a subject. It was foreseen that experience would suggest the propriety of corrections in the system, and it is equally to be inferred that further experiment will manifest the expediency of further correction. The work must be progressive, since it can only be by successive improvements that it can be brought to the degree of perfection of which it is susceptible.
As connected with the difficulties that have occurred in the execution of the laws, which is the subject of this report, the Secretary begs leave, in the last place, to mention the want of an officer in each State, or other considerable subdivision of the United States, having the general superintendence of all the officers of the revenue within such State or subdivision.
Among the inconveniences attending it, is a great difficulty in drawing from the more remote ports the moneys which are there collected. As the course of business creates little or no demand at the seat of Government, or in its vicinity, for drafts upon such places, negotiations in this way are either very dilatory or impracticable; neither does the circulation of bank paper, from the same cause, extend to them.
This embarrassment would be remedied by having one person in each State, or in a district of the United States of convenient extent, charged with the receipt of all the moneys arising within it, and placed in point of residence where there was the greatest intercourse with the seat of Government. This would greatly facilitate negotiations between the treasury and distant parts of the Union, and would contribute to lessening the necessity for the transportation of specie.
But there are other reasons of perhaps still greater weight for the measure. It is, in the opinion of the Secretary, essential to a due supervision of the conduct of the particular officers engaged in the collection of the revenues, and to the purposes of exact and impartial information, as to the operation of the laws which relate to them. It is impossible that the first end can be answered by any attention or vigilance of an individual, or individuals, at the head of the treasury. Distance and the multiplicity of avocations are conclusive bars. And, however it may appear at first sight, that the second end may be attainable from the communications of those particular officers, yet, when it is considered how apt their representations will be to receive a tint from the personal