
ABSTRACT
of the
LAWS IMPOSING AN EMBARGO
on the
SHIPPING OF THE UNITED STATES.
passed between december 22, 1807, and april 25, 1808.
AN embargo is laid on all vessels within the jurisdiction of the
United States, cleared or not cleared, bound to any foreign place.
No clearance shall be furnished to any such vessel; except under the
immediate direction of the president, and the president is authorized
to instruct the officers of the revenue, and of the navy and revenue
cutters, so as shall appear best adapted for effecting the same. This
prohibition shall not extend to any foreign vessel, in ballast or with
the goods and merchandize on board when notified of this act.
No registered or sea-letter vessel, having on board goods, shall de-
part from one port of the United States to any other, unless the mas-
ter, owner, or factor shall first give bond, with one or more sureties,
to the collector of the district from which she departs, in double
the value of vessel and cargo, that the said goods shall be re-
landed in some port of the United States, dangers of the seas except-
ed, which bond, and also a certificate from the collector where the
same may be relanded, shall, by the collector respectively, be trans-
mitted to the secretary of the treasury. All armed vessels possess-
ing public commissions from any foreign power are not liable to
this embargo.
During the continuance of the embargo, no vessel licensed for the
coasting trade shall depart from any port of the United States, or
receive a clearance, till the owner, consignee, or factor shall, with
the master, give bond, with one or more sureties, in double the value
of vessel and cargo, that she shall not proceed to any foreign place,
and that the cargo be relanded in the United States.
The owner of all vessels licensed for fisheries, or those bound on
a whaling voyage, and having no other cargo than sea-stores, salt,
and the usual fishing tackling, shall give a general bond, in four
times the value of the vessel and cargo, that they will not proceed to
any foreign place, and will return with their fishing fare to the Unit-
ed States. Any licensed vessel, whose employment has uniformly
been confined to rivers, bays, and sounds within the jurisdiction of
the United States, may give bond, in a sum equal to three hundred
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dollars for each ton, that she shall not be employed in any foreign
trade during the time mentioned in the bond.
If any vessel shall depart from the United States without a clear-
ance or permit, or shall proceed to a foreign place, or trade with or
put on board of any other vessel any goods, such vessels and goods
shall be forfeited, and, if the same shall not be seized, the owner or
factor shall forfeit a sum double the value of the ship and cargo, and
never be allowed a credit for duties on any goods imported by him
into the United States, and the master of such vessel, as well as all
persons knowingly concerned in such prohibited voyage, shall each
forfeit not more than 20,000, nor less than 1000 dollars, whether the
vessel be seized and condemned or not; and the oath or affirmation
of any master thus knowingly offending, shall never hereafter be
admitted by any collector.
The exception above made in favour of foreign armed vessels
shall apply only to public armed vessels; and not embrace either pri-
vateers, letters of marque, or any private armed vessels; but such
may depart in the same manner as other private foreign vessels.
If any foreign vessel shall take on board any specie or goods other
than necessary provisions and sea stores, such vessel, specie, and
cargo shall be forfeited; and every person concerned shall forfeit not
more than 20,000, nor less than 1000 dollars.
All penalties and forfeitures thus incurred shall be sued for, reco-
vered, distributed, and accounted for as prescribed by the act to regu-
late the collection of duties on imports and tonnage, and may be miti-
gated or remitted as prescribed by the act to provide for mitigating
or remitting the forfeitures, penalties, and disabilities accruing in
certain cases therein mentioned.
The time of the embargo shall not make part of the term of twelve
months during which goods imported must be re-exported to be en-
titled to drawback.
During the continuance of the embargo, no vessel of any kind
whatever, owned by citizens of the United States, and which is nei-
ther registered, licensed, nor possessed of a sea-letter, shall depart
from the United States, or receive a clearance; nor shall any foreign
vessel depart with a cargo destined for another port of the United
States, or receive a clearance for that purpose, till the owner or fac-
tor shall, with the master, give bond, with one or more sureties, in
case of a vessel owned by citizens of the United States, in double the
value of vessel and cargo, and in that of a foreign vessel four times
the value of vessel and cargo, that she shall not proceed to any foreign
place, and that the cargo shall be relanded in the United States.
But in the case of any American vessel uniformly employed in rivers,
bays, sounds, and lakes, within the jurisdiction of the United States,
to give bond in 200 dollars for each ton of the said vessel, that she
shall not be employed in any foreign trade during the time limited
in the condition of the bond.
No bond shall be required of boats not masted, or, if masted, not
being decked, regularly employed in rivers, bays, and sounds, within
the jurisdiction of the United States, and lying within districts not
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adjacent to the territories of a foreign nation, whether such boats be
licensed or not, and unless, in the opinion of the secretary of the trea-
sury, such bond be necessary; and, if the secretary shall deem such
bond necessary, the owner of the boat shall give bond in thirty dol-
lars for each ton of said boat, with condition that she shall not be em-
ployed in any foreign trade during the continuance of the embargo.
Where a bond is given under this act, or under the embargo law
or its supplements, with condition that certain goods, or the cargo of
a vessel, shall be relanded in the United States, the party shall, within
four months after the date, produce to the collector of the port from
which the vessel had been cleared, a certificate of the relanding of
the same from the collector of the proper port; otherwise the bond
shall be put in suit, and judgment given against the defendant, unless
proof be produced of such relanding, or of loss by sea, or other una-
voidable accident.
Goods of any kind shall not be exported from the United States;
and if any shall, during the embargo, be so exported, the vessel,
waggon, or carriage, in which the same shall be exported, with the
tackle and horses, shall be forfeited, and the owner, and every person
knowingly concerned, shall forfeit not more than 10,000 dollars.
But foreign vessels may depart from the United States with the cargo
on board when notified of the embargo; and foreign vessels may fur-
nish themselves with necessary provisions; and fishing vessels may
depart with sea stores, salt, and their usual fishing tackle, in the
manner prescribed by former acts.
On the return into the United States of any fishing vessel, such as
described in the supplement to the embargo law, having sailed sub-
sequent to the enaction of the last-mentioned acts, the master and
mate shall declare, on oath or affirmation, before the collector, whe-
ther any part of the fishing fare has been sold during the voyage,
and, failing this, shall each forfeit 100 dollars. But this oath may
be dispensed with, so far as relates to the fishery on our own coasts,
in the customary small vessels.
All penalties and forfeitures under this act shall be sued for, and
accounted for, in the manner prescribed by the existing acts regulat-
ing the customs.
The president is authorized, if satisfied by a statement on oath or
affirmation of any citizen, and such proof as the nature of the case
admits, or the president may require, that he has property of value
in any place without the jurisdiction of the United States, arising
from property actually without such jurisdiction prior to the 22d of
December, 1807, to grant permission to dispatch a vessel in ballast,
for importing into the United States such property. But bond, with
sufficient security, must be given, under the direction of the secretary
of the treasury, in such a sum as he shall deem necessary, conditioned,
that such vessel shall not export from the United States any specie
or goods, necessary provisions excepted, that she shall return (rea-
sonable time being allowed for the voyage) to the United States with
such property, and that she shall not during the voyage, either di-
rectly or indirectly, be engaged in any traffic or employment, and
―100―
that no goods shall be imported in such vessel but the property for
which she obtained such permission, or the proceeds of property
shipped bona fide by a citizen of the United States prior to the said
22d of December. The bond shall not be cancelled, unless the se-
cretary of the treasury be satisfied, either by the oath of the party to
the same, or such proof as the nature of the case admits, that the
conditions have been complied with. The owner, or master, or mate
of such vessel shall, on her return, make oath that she has not, during
her voyage, directly or indirectly, been employed in any manner con-
trary to such bond.
In case of peace or suspension of hostilities between the bellige-
rent powers of Europe, or of such changes in their measures affect-
ing neutral commerce, as may render that of the United States suffi-
ciently safe, in the judgment of the president, he is authorized,
during the recess of congress, to suspend, in whole or in part, the
embargo and the several acts supplementary, with such exceptions,
and on such bond and security being given, as the public interest and
circumstances of the case may appear to require. But such suspen-
sion shall not extend beyond twenty days after the next meeting of
congress.
During the continuance of the embargo, no vessel of any kind, and
wherever bound, whose employment is confined to the naviga-
tion 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 allow-
ed to depart from the United States, without having previously ob-
tained a clearance, nor till the master shall have delivered to the col-
lector or surveyor of the port of departure, a manifest of the whole
cargo on board. And the owners, agents, or master of every such
vessel shall produce, within two months thereafter, to the collector of
the district from which the vessel departed, a certificate of the landing
of the whole in a port of the United States, 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.
During the continuance of the embargo act, and of the supple-
mentary acts, no vessel of any kind whatever, other than those des-
cribed in the next section, and wherever bound, shall receive a clear-
ance, unless the lading shall be made hereafter under the inspection of
the proper revenue officers, subject to the same restrictions as are pro-
vided by law for the inspection of goods imported into the United
States, on which duties are imposed; but these provisions shall not
affect vessels laden in whole or in part on the receipt of this act by the
respective collectors.
If any vessel thus described shall depart from any district of the
United States, without a clearance, or before the manifest of the car-
go shall have been delivered to the collector or surveyor, in the man-
ner herein prohibited, or if a certificate of the landing of the cargo
shall not be produced within the time and in the manner herein pro-
vided, such vessel and cargo shall be forfeited, and the owner, factor,
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or master shall respectively forfeit not more than 5000, nor less
than 1000 dollars: but these provisions shall not prevent the reco-
very of the penalty on the bond given for such vessel.
During the continuance of the embargo, the person having charge
of any vessel, flat, or boat intended to enter that part of the river Mis-
sisippi, which lies between the southern boundary of the Missisippi
territory and the river Iberville, if going down the said river, shall
stop at fort Adams, and, if going up the river, at Iberville, and at each
place, as the case may be, deliver to an inspector of the revenue,
stationed there for that purpose, a manifest of the whole cargo on
board, and also produce to the same officer, within two months after,
if going down the river, and within six months after if going up the
river, a certificate of the landing of the same in some part of the dis-
trict of Missisippi, and within the jurisdiction of the United States,
which certificate shall be signed by the collector or one of the sur-
veyors of the district of Missisippi; 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.
If any vessel, flat, or boat shall enter that part of the river Missi-
sippi, without stopping and delivering a manifest as aforesaid, or if a
certificate of the landing of the cargo shall not be produced within
such time, and in such manner, such vessel and cargo shall be forfeit-
ed, and the owner, agent, or master forfeit not more than 5000, nor
less than 1000 dollars.
No vessel having any cargo on board, shall, during the continuance
of the embargo, depart from any port of the United States, for any
other port of the United States, adjacent to the territories of a foreign
nation; nor shall any clearance be furnished to any vessel so bound,
without special permission of the president. And if any vessel shall,
contrary to these provisions, proceed to any port adjacent to the ter-
ritories of a foreign nation, such vessel, with her cargo, shall be for-
feited; and if the same shall not be seized, the owner shall forfeit
double the value of ship and cargo; and the master, as well as all
other persons knowingly concerned in such prohibited voyage, shall
each forfeit not more than 3000, nor less than 500 dollars, whether
the vessel be seized or not.
The commanders of the public armed vessels, revenue cutters, and
revenue boats shall stop and examine any vessel belonging to any ci-
tizen of the United States, either on the high seas, or within the juris-
diction of the United States, or any foreign vessel within the jurisdic-
tion of the United States, which there may be reason to suspect to be
engaged in any traffic contrary to these provisions, or the act laying
an embargo, with its supplements; and if, on examination, such
vessel shall appear to be thus engaged, the commander shall seize her,
and send her to the nearest port of the United States for trial.
The comptroller of the treasury shall remit the duties 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 citi-
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zens of the United States, and which having sailed subsequent to the
1st day of October, and prior to the 22d of December, 1807, may be
stopped on the high seas by foreign armed vessels, and by reason there-
of have returned, or may hereafter return into the United States. And
the comptroller shall direct the exportation bonds given for foreign
merchandize, exported with privilege of drawback in such vessel, and
re-imported in the same, in the manner aforesaid, to be cancelled, the
duties on such re-importation being previously paid, and on such other
conditions as may be necessary for the security of the revenue.
During the continuance of the embargo, no foreign vessel shall go
from one port in the United States to another; and should any foreign
vessel thus go, she, with her cargo, shall be forfeited, and the owner and
master shall forfeit not more than 3000, nor less than 1000 dollars.
No vessel comprehended in this act shall be obliged to pay more
than twenty cents for each clearance.
The collectors shall detain any vessel ostensibly bound with a car-
go to some other port of the United States, whenever in their opini-
ons the intention is to violate or evade the embargo, till the decision of
the president be had thereon.
If any unusual deposits of provisions, lumber, or other articles of do-
mestic growth or manufacture shall be made in any port of the United
States, adjacent to the territories of a foreign nation, the collector of
the district shall take the same in his custody, and not permit them to
be removed, till bond with sufficient sureties shall be given for the
delivery of the same in some place of the United States.
Any vessel owned by a citizen of the United States, loaded, or in
part loaded, with the produce of the United States before the embargo
was laid, and detained by it in any port of the United States, may pro-
ceed to any other port of the United States, and there remain with
such cargo on board, subject to such restrictions and bonds as are pre-
scribed in the act laying an embargo, and the several supplements.
All penalties and forfeitures, incurred by force of this act, may be
mitigated and remitted, as prescribed by the act to provide for miti-
gating and remitting the forfeitures, penalties, and disabilities accruing
in certain cases therein mentioned; and all penalties recovered in con-
sequence of any seizure made by the commander of any public armed
vessel, shall be distributed as prescribed by the act of the government
of the navy of the United States, and all other penalties shall be dis-
tributed as prescribed by the act to regulate the collection of duties on
imports and tonnage.
Nothing in the act laying an embargo, or its supplements, or in the
act to prohibit the importation of certain goods, shall prevent the expor-
tation, by land or inland navigation, from the United States into those
of Great Britain, of furs and peltries, the property of subjects of Great
Britain, and by them purchased from the Indians, or to prevent the
importation, by land or inland navigation, from the territories of Great
Britain into those of the United States, of merchandize the property
of British subjects, and by them imported solely for the use of the
Indians.