No. 384.
Mr. Gibbs
to Mr. Evarts.
Legation of
the United States,
Lima,
Peru, March 19, 1879. (Received April
14.)
No. 320.]
Sir: On the 12th instant I read in the morning’s
edition of El Comercio that on that date there had arrived from Valparaiso,
in Chili, and intermediate ports, the steamship Itata, under the American
flag.
I wrote a note to Mr. Clayton, United States consul at Callao, in reference
to the statement, requiring an answer. I inclose copy.
Before receiving an answer the evening papers of the same date confirmed the
information given by El Comercio. I then wrote Mr. Clayton, as per copy
inclosed, requesting a meeting with Captain Barclay, Lieutenant-Commander
United States ship Onward.
On the 13th I went to Callao, held a consultation with Captain Barclay, and
gave him verbal instructions of what I thought it would be necessary to
do.
Mr. Clayton wrote me on the 13th, sending to the legation copy of the bill of
sale, as inclosed.
I sent Mr. Clayton by Captain Barclay written instructions what to do, as per
copy. I also conversed with Captain Barclay, and requested that the
instructions be carried out in a quiet way, to inform the captain, or in his
absence the chief officer, that the flag must be lowered, should not be
hoisted again, and instructions to Mr. Clayton to return the papers and give
no clearance. These orders were carried out satisfactorily, and the Itata
sailed for Valparaiso and intermediate ports, under her true flag, the
Chilian. I inclose copies of Mr. Clayton’s report, and the clearance given
by the consuls at Valparaiso and Iquique.
The Itata, Loa, and Rimac are three large English-built merchant steamers
belonging to the Chilian Compañia Sud Americaña de Vapores. They formerly
were in opposition to the Pacific Steam Navigation Company, but some time
ago were, by contract, taken by this company and run in connection with the
English boats, all under one agency.
It is thought that, owing to the threatened rupture between Chili and Peru,
the owners had them transferred by sale to a person named Henry L. Stevens,
an American citizen residing at Valparaiso, with the idea that this simple
sale gave the right to carry the American flag.
I have been informed that the sister ships are also carrying the flag. If
they arrive at Calloa during my stay here, I shall pursue the same course as
with the Itata—order the flag down.
I will call the attention of the department to the fact that, as far as I can
learn, and by the papers presented, the captain and crew were all aliens,
with the exception, I understand, of one person in the crew.
I did not call upon the Peruvian authorities, which I suppose I had a right
to do, to order the flag down, but used simply the moral force of an
intimation from the United States minister. Any other course would have
complicated matters here, and at the present state of excitement could
easily have been made a source of trouble.
I have, &c.,
[Page 862]
[Inclosure 1 in No. 320.]
Mr. Gibbs to Mr.
Clayton.
Legation of the United States of America,
Lima, March 12, 1879.
Sir: By the Commereio, of this day’s date, I
see that it reports that the Chilian steamer Itata entered the port of
Callao under the flag of the United States of America.
You will please inquire into the truth of this statement and report as
soon as possible to this legation.
I am, &c.,
[Inclosure 2 in No. 320.]
Mr. Gibbs to Mr.
Clayton.
Legation of the United States of America,
Lima, March 13, 1879.
Sir: I wrote you yesterday relative to the
steamer Itata sailing under the American flag. I have seen since the
statement confirmed by last night’s papers.
You will please send word to Captain Barclay of the United States ship
Onward that I will meet him at the consulate on official business. I
will go down on the eleven o’clock train.
I am, &c.,
[Inclosure 3 in No. 320.]
Mr. Clayton to Mr.
Gibbs.
United
States Consulate,
Callao, March 13,
1879.
Sir: In answer to your dispatch of the 12th
instant, I have the honor to inform you that the steamship Itata, one of
the vessels belonging to the South American Steamship Company, arrived
at this port, on the morning of the 12th, from Valparaiso and
intermediate ports, flying the United States flag; that about eleven
o’clock, same date, the purser of the said steamer Itata appeared at
this consulate and informed me that he desired to enter the said vessel,
and, at the same time, presented me with a bundle of papers, which, on
examining, I found, first, a bill of sale of the said steamer Itata to
one Henry L. Stevens, an American citizen residing in Valparaiso (copy
of which is herewith inclosed); also, a document inclosed, “United
States Consular Instructions, respecting American or foreign-built
vessels transferred to citizens of the United States of America,” which,
on examination, I found to be nothing more or less than Article XVII and
paragraphs 219 to 226, both inclusive, of the Consular Regulations;
also, two certificates of clearances, one dated Valparaiso, March 1,
1879, and signed P. A. McKellar, United States vice-consul at said port,
and the other dated Iquique, March 7, and signed by J. W. Merriam,
United States consul, and shipping articles containing the names of
sixty-six men, which was also made put and signed by the United States
vice-consul at Valparaiso.
As I am of the opinion that the steamship Itata has no right to wear the
American flag, she being a foreign-built vessel and commanded by an
alien, I hasten to lay the case before you for such action as you may
deem proper.
I am, &c.,
ROBERT T. CLAYTON,
United States
Consul.
[Inclosure 4 in No. 320.]
consulate of the united states of america, at
valparaiso, republic of chili.
I, Petar A. McKellar, vice-consul of the United States of America for
Valparaiso, do hereby certify that the hereunto annexed bill of sale,
bearing date the 21st day of February, A. D. 1879, of the late Chilian
steamer Itata, measuring 1,129 tons, according to
[Page 863]
United States measurement, having three
decks, schooner rig, two masts, round stern, cut-water, and figure-head,
built of iron, 300–horse power, sold and transferred by Horatio Lyon,
manager of the Compañia Sud Americana de Vapores, unto Henry L. Stevens,
is in form and in substance valid and effective in law, and has been
duly recorded in this consulate; and that the said Henry L. Stevens is a
native citizen of the United States of America.
Given under my hand and the seal of this
consulate the 21st day
of February, 1878.
[
seal of consulate.]
P. A. McKELLAR,
United States Vice-Consul.
Know all men by these presents that I, Horacio Lyon, manager of the
steamship company entitled “Compañia Sud Americana de Vapores,” for
and in consideration of the sum of $150,000, lawful Chilian
currency, unto aforesaid company well and truly paid at or before
the ensealing and delivery of these presents by Henry L. Stevens, a
native citizen of the United States of America, residing in
Valparaiso, Republic of Chili, the receipt whereof is hereby
acknowledged, have granted, bargained, sold, assigned, transferred,
and set over, and by these presents do grant, bargain, sell, assign,
transfer, and set over unto the said Henry L. Stevensand his legal
representatives the Chilian steamer Itata, together with all and
singular her boilers, machinery, furniture, tackle, apparel, and
appurtenances, as the same now exist, and as the said steamer is
more particularly described in a certificate of admeasurement
thereof, on file in the United States consulate at Valparaiso,
whereby it appears that said steamer has three decks, two masts,
schooner rig, round stern, cut-water, and figure-head, built of
iron, is propelled by screw, worked by compound direct-acting
engine, with surface condensers of 300 horse-power, is in length
290.7 feet, in breadth 39.9 feet, in depth 19 feet, and measures,
with the necessary deductions for engine space, 1,129 tons,
according to the United States measurement: To have and to hold the
said steamer Itata, and the appurtenances thereunto belonging, unto
the said Henry L. Stevens and his legal representatives, to the only
proper use and behoof and as the proper goods and chattels of the
said Henry L. Stevens and his legal representatives from henceforth
forever.
And I, the said Horacio Lyon, as manager of the “Compania Sud
Americana de Vapores,” do hereby covenant and agree to and with the
said Henry L. Stevens and his legal representatives that at the
execution of these presents the said steamer, called the Itata,
together with the appurtenances thereunto belonging, is the true and
lawful property of the “Compañia Sud Americana de Vapores,” said
company having full right and authority to sell and dispose of the
same, and that she is free from and clear of all claims,
incumbrances, or demands whatsoever.
In witness whereof I have hereunto
set my hand and seal at Valparaiso
aforesaid, this
27th day of February, A. D. 1879.
HORACIO LYON, [seal.]
Manager of the Compañia Sud Americana de
Vapores.
Signed, sealed, and delivered in the presence of us:
P. Bourchier,
August Moller, Jr.
Consulate of
the United States of America at
Valparaiso,
February 21,
1879.
I, Peter A. McKellar, vice-consul of the United States of America at
Valparaiso, do hereby certify that on the day of the date hereof
before me personally appeared Horacio Lyon, manager of the Compañia
Sud Americana de Vapores, and in my presence and in the presence of
the subscribing witness thereto, signed, sealed, and delivered the
foregoing bill of sale of the steamer Itata, and acknowledged the
same to be as well his own act and deed, as the act and deed of the
aforesaid company. Given under my hand and the seal of this
consulate, the day and year aforesaid.
[
seal of consulate.]
P. A.
McKELLAR,
United States Vice-Consul.
[Inclosure 5 in No. 320.]
Mr. Gibbs to Mr.
Clayton.
Legation of the United States of America,
Lima, March 14, 1879.
Sir: Your communication of yesterday’s date,
with inclosure relative to the steamer Itata, has been received. The
bill of sale of which you send a copy gives no right to carry the United
States flag. The Article XVII, sections 219 to 226 inclusive, of
Consular Regulations, of which copy was given to you by the purser of
the steamer, is no evidence as regards the vessel’s nationality; to the
contrary, section 226 states clearly “The privilege of carrying the
American flag is under, regulation of Congress, and
[Page 864]
the statutes have not made that privilege
available to any ships except those duly registered or enrolled at some
custom-house.” According to section 4132, chapter 1, Title XL VIII of
the Revised Statutes of the United States, no vessel can be registered
or enrolled at any custom-house that is not wholly built in the United
States, or a vessel captured by American citizens and condemned as a
prize. Therefore the Itata is not entitled to carry the flag of the
United States.
You will write an official note to the captain of the steamer informing
him that according to the laws of the United States he cannot use the
American flag as a national one, and if he persists in flying it he must
take the responsibility of forfeiture of the vessel. I would recommend
that you go in company with Captain Barclay and another officer of the
United States ship Onward, and present the note to the captain in
person, or, in his default, to the chief officer.
I think there has been a misconception of the United States laws in this
matter, which give American citizens the right to purchase foreign
shipping property, and the United States Government would protect them
to a certain degree, but not allow, in any case, the use of the flag, an
emblem of nationality that can only be used afloat on American-built
vessels, or those legally condemned as prizes.
You may return the captain the papers deposited in the consulate, but I
doubt the right of your giving him a clearance or any other document, as
you may be complicated according to section 4191 of chapter 1, Title
XLVIII, or section 5423, chapter 5, Title LXX.
I think it necessary that you take copies of the clearances given by the
consuls at Valparaiso and Iquique, and send to this legation certified
copies also. And, if possible, I would wish a copy of any clearance that
may be given to clear the Itata from Callao by the Peruvian
authorities.
I am, &c.,
[Inclosure 6 in No. 320.]
Mr. Clayton to Mr.
Gibbs.
United
States Consulate,
Callao, March 15,
1879.
No. 34.]
Sir: I have the honor to acknowledge the
receipt of your dispatch of the 14th instant, in regard to the steamship
Itata, and in reply I have now to inform you that according to
instructions therein contained I, in company with Lieut. Commander Chas.
J. Barclay, United States Navy, repaired on board of said vessel and
presented the captain with a written request to haul down the American
flag, and to desist in future from raising the same on said vessel,
which request has been complied with. I have returned to the captain of
the Itata the papers, deposited in my keeping by the purser of said
vessel, taking a receipt for the same. I have to inform you that the
Itata is now flying the Chili flag.
As requested, I inclose copies of the clearance of said steamer given by
the consuls at Valparaiso and Iquique and will endeavor to get a copy of
her clearance from the Peruvian authorities when she sails from this
port.
I am, &c.,
ROBERT T. CLAYTON,
United States
Consul.
[Inclosure 7 in No. 320.]
Certificate given to master on delivery of ship’s
register and papers.
Consulate of the United States of America at
Valparaiso,
March 1,
1879.
(Form No. 14.)
(Paragraph 123.)
I, the undersigned vice-consul of the United States of America for
Valparaiso and the dependencies thereof, do hereby certify that Peter
Lantrop, master of the steamer called the Itata, of Valparaiso, having
this day exhibited to me the clearance of said steamer from the proper
authorities of this port, I have delivered to him, the said master,
[Page 865]
the bill of sale and papers of
the said vessel duly deposited in this consulate on the 27th day of
February, 1879.
Given under my hand and the seal of this consulate the day and year first
above written.
[
seal of consulate.]
P. A. McKELLAR,
United
States Vice-Consul.
Certificate given to master on delivery of ship’s
register and papers.
Consulate of the United States of
America,
March 1,
1879.
(Form No. 14.)
I, the undersigned consul of the United States of America for Iquique and
the dependencies thereof, do hereby certify that Peter Lantrop, master
of the steamer called the Itata of Valparaiso, having this day exhibited
to me the clearance of said steamer from the proper authorities of this
port, I have delivered to him, the said master, the register and papers
of the said steamer, duly deposited in this consulate on the 27th of
February, 1879.
Given under my hand and the seal of this consulate the day and year above
written.
[
seal of consulate.]
J. W.
MERRIAM,
United States
Consul.
