Mr. Bayard to Mr. Gresham.
Act passed both houses; second section substitutes word “shall” for “may.” Paragraph 3 of section 3 is verbatim: An order in council under this act may provide that such officers of the United States of America as are specified in the order may, in respect of offenses under this act, exercise the like powers under this act as may be exercised by a commissioned officer of Her Majesty in relation to a British ship and the equipment and certificate thereof, or such of those powers as appear to Her Majesty in council to be exercisable under the law of the United States of America against ships of the United States; and that such British officers as are specified in the order may exercise the powers conferred by this act, with any necessary modifications [Page 179] specified in the order, in relation to a ship of the United States of America and the equipment and certificate thereof. Order in council, regulating seizure of British sealing vessels by United States officers, / now in preparation by admiralty. Copy promised in a day or two.
Second paragraph of section 7 is verbatim: Where, on any proceeding in any court against a person or a ship in respect of any offense under this act, it is proved that the ship sailed from its port of departure before the provisions of the award, mentioned in the first schedule of this act, were known there, and that such person or the master of the ship did not, after such sailing and before the alleged offense, become aware of those provisions, such persons shall be acquitted, and the ship shall be released and not forfeited.