Globalization of the United States, 1789-1861

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McCulloch, J.R. A Dictionary, Practical, Theoretical, and Historical, of Commerce and Commercial Navigation. Philadelphia: A. Hart; Printed by T.K. and P.G. Collins, 1851.

Volume 1 • Volume 2

J. R. McCulloch. A Dictionary, Practical, Theoretical, and Historical, of Commerce and Commercial Navigation. Philadelphia: A. Hart; Printed by T.K. and P.G. Collins, 1851. pp. 2:482-483.

Americans were very willing to borrow economic knowledge from British authors whose imperial nation stood at the center of the global economy — and of knowledge production.

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Ships’ Papers, the papers or documents required for the manifestation of the property of the ship and cargo, &c. They are of 2 sorts; viz. 1st, those required by law of a particular country — as the certificate of registry, licence, charterparty, bills of lading, bill of health, &c. — (see those titles) — required by the law of England to be on board British ships; and, 2dly, those required by the law of nations to be on board neutral ships, to vindicate their title to that character. Mr. Serjeant Marshall, following M. Hubner (De la Saisie des Batimens Neutres, tom. i. pp. 241-252.), has given the following description of the latter class of documents:

1. The Passport, Sea Brief, or Sea Letter. — This is a permission from the neutral state to the captain or master of the ship, to proceed on the voyage proposed, and usually contains his name and residence; the name, property, description, tonnage, and destination of the ship; the nature and quantity of the cargo, the place whence it comes, and its destination; with such other matters as the practice of the place requires. This document is indispensably necessary for the safety of every neutral ship. Hubner says, that it is the only paper rigorously insisted on by the Barbary corsairs; by the production of which alone their friends are protected from insult.

2. The Proofs of Property. — These ought to show that the ship really belongs to the subjects of a neutral state. If she appear to either belligerent to have been built in the enemy’s country, proof is generally required that she was purchased by the neutral before, or captured and legally condemned and sold to the neutral after, the declaration of war; and in the latter case the bill of sale, properly authenticated, ought to be produced. M. Hubner admits that these proofs are so essential to every neutral vessel, for the prevention of frauds, that such as sail without them have no reason to complain if they be interrupted in their voyages, and their neutrality disputed.

3. The Muster Roll. — This, which the French call role d’equipage, contains the names, ages, quality, place of residence, and, above all, the place of birth, of every person of the ship’s company. The document is of great use in ascertaining a ship’s neutrality. It must naturally excite a strong suspicion, if the majority of the crew be found to consist of foreigners; still more, if they be natives of the enemy’s country. — (See Seamen.)

4. The Charterparty. — Where the ship is chartered, this instrument serves to authenticate many of the facts on which the truth of her neutrality must rest, and should therefore lie always found on board chartered ships.

5. The Bills of Lading. — By these the captain acknowledges the receipt of the goods specified therein, and promises to deliver them to the consignee or his order. Of these there are usually several duplicates; one of which is kept by the captain, one by the shipper of the goods, and one transmitted to the consignee. This instrument, being only the evidence of a private transaction between the owner of the goods and the captain, does not carry with it the same degree of authenticity as the charterparty.

6. The Invoices. — These contain the particulars and prices of each parcel of goods, with the amount of the freight, duties, and other charges thereon, which are usually transmitted from the shippers to their factors or consignees. These invoices prove by whom the goods were shipped, and to whom consigned. They carry with them, however, but little authenticity, being easily fabricated where fraud is intended.

7. The Log Book, or Ship’s Journal. — This contains a minute account of the ship’s course, with a short history of every occurrence during the voyage. If this be faithfully kept, it will throw great light on the question of neutrality; if it be in any respect fabricated, the fraud may in general be easily detected.

8. The Bill of Health. — This is a certificate, properly authenticated, that the ship comes from a place where no contagious distemper prevails; and that none of the crew, at the time of her departure, were infected with any such disorder. It is generally found on board ships coming from the Levant, or from the coast of Barbary, where the plague so frequently prevails.

A ship using false or simulated papers is liable to confiscation. — (Marshall on Insurance, book i. c. 9. § 6.)