No. 5.
To the consular officers of the United States
at seaports.
Washington, September 6, 1880.
Gentlemen: It having come to the attention of the Department that it is a practice of certain masters of vessels in shipping and discharging seamen or crews in foreign ports to ship them upon new shipping articles, and to cause their discharge, at the same or at some other foreign port, to be noted on such new articles instead of upon the original articles executed at the time of the beginning of the voyage from the United States; and it having been further brought to the attention of the Department that, upon returning to the United States, the said masters are in the habit of suppressing the intermediate articles, with the object of defrauding the government of the marine-hospital tax provided for in section 4585 of the Revised Statutes, it has been deemed proper to issue the following instructions in the matter of the shipment and discharge of seamen in a foreign port, for the guidance of consular officers.
All vessels of the United States are required to carry crew lists, as issued under section 4575 of the Revised Statutes; and all vessels of the United States engaged in the foreign commerce of the United States, except those engaged in commerce with the British North American provinces, with Mexico, and with the West Indies, are required to carry shipping articles in addition to their crew lists, as issued under section 4575, and as described in section 4511, of the Revised Statutes.
These papers are open by law to the inspection of all consular officers.
Whenever hereafter a ship-master shall make application to a consular officer for the shipment or discharge of a seaman or seamen, the consular office shall demand an exhibition of the original shipping articles and crew list, or crew list alone if the vessel be trading with one of the countries within the exceptions of section 4511 of the Revised Statutes, and shall make the shipment or discharge upon the original shipping articles and crew list, or upon the crew list alone, as the case may be; but if it shall so happen that it is found to be impossible to make satisfactory entry upon such original papers of the transaction, so as to cover all of its stipulations, and it shall become necessary to extend the entry upon another set of articles, or upon a new crew list, the said consular officer is hereby directed and required to attach such paper or papers to the original shipping articles and crew list, or to the crew [Page 8] list alone, as the case may be, in a firm manner by ribbon and consular seal as prescribed by regulations in the matter of the attachment of the consular certificate of authentication to invoices of shipments to the United States.
It is further provided, that if it shall become necessary to discharge an entire crew, or to ship an entirely new crew, in a foreign port, and it shall be thought proper to use new shipping articles and a new crew list, the same shall be attached by the consular officer making the discharge and shipment to the original papers carried by the vessel, in the manner above indicated.
All changes in the composition of the crews of American vessels within the cognizance of consular officers of the United States are hereafter to be entered upon the above specified papers.
Consuls and commercial agents are required to instruct their subordinate officers in the line of this circular.
I am, &c.,
Assistant Secretary.