" The
fourth section of the same act declares, "that, in order to the
licensing of any ship or vessel, for carrying on the coasting trade or
fisheries," bond shall be given, according to the provisions of the act.
And the same section declares, that, the owner having complied with the
requisites of the law, "it shall be the duty of the collector to grant a
license for carrying on the coasting trade"; and the act proceeds to
give the form and words of the license, which is, therefore, of course,
to be received as a part of the act; and the words of the license, after
the necessary recitals, are, "License is hereby granted for the said
vessel to be employed in carrying on the coasting trade." Words could
not make this authority more express.
The court below seems to me, with great deference, to have mistaken the
object and nature of the license. It seems to have been of opinion, that
the license has no other intent or effect than to ascertain the
ownership and character of the vessel. But this is the peculiar office
and object of the enrolment. That document ascertains that the regular
proof of ownership and character has been given; and the license is
given to confer the right to which the party has shown himself entitled.
It is the authority which the master carries with him, to prove his
right to navigate freely the waters of the United States, and to carry
on the coasting trade.
In some of the discussions which have been had on this question, it has
been said, that Congress has only provided for ascertaining the
ownership and property of vessels, but has not prescribed to what use
they may be applied.
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