To Thomas Jefferson from Albert Gallatin, [24 June 1805]
From Albert Gallatin
[24 June 1805]
The enclosed communication from the collector of Philada., respecting the admission into port of foreign armed vessels, and sketch of an answer are respectfully submitted. All the other collectors, who have answered the circular, say that no provision is necessary—
A.G.
RC (DLC); undated; endorsed by TJ as received from the Treasury Department on 24 June 1805 and “peace in harbors” and so recorded in SJL. Enclosure: J. P. G. Muhlenberg to Gallatin, Philadelphia, 19 June, observing that no port regulation exists that designates a location in the harbor for foreign armed vessels; Muhlenberg suggests Marcus Hook, where the water is wide and deep and anchorage will not interfere with river traffic; Muhlenberg further recommends that pilots not carry foreign armed vessels beyond that place without authorization; such ships would still be liable to quarantine laws and could be ordered to the lazaretto if demanded by the board of health (FC in Lb in DNA: RG 56, Correspondence of the Secretary of the Treasury with Collectors of Customs, Philadelphia). Other enclosure not found, but see below.
Gallatin’s answer to Muhlenberg, dated 25 June, instructed him to consult with the board of health regarding enforcement of quarantine laws on foreign armed vessels, especially since they would likely arrive from the West Indies; in addition, “the President directs that no such armed Vessel shall be allowed, without special permission from this department, to pass above Fort Mifflin” (FC in same).
On 25 May the Treasury Department issued a circular with instructions for carrying out the fourth section of the recently passed act “for the more effectual preservation of peace in the ports and harbors of the United States,” which contained a new requirement that “commanders of public armed vessels” report to the collector on entering a port. This “provision being a new one,” Treasury officers must “be careful, whilst you carry the same into effect, that the officers and flags of all nations shall be treated with respect.” Collectors should also conform with existing state regulations and health and quarantine laws regarding the anchorage locations assigned to foreign warships. In the absence of such rules collectors could “make temporary regulations,” but it was preferable that they report their recommendations to the Treasury Department “for the President’s consideration and decision” (printed copy in DLC, endorsed by TJ: “Departmt. Treasury. May 25. 05. Armed vessels in harbor”; TJ to Madison, 29 May).