I also ask your attention to the advice stated to have been given to our
consuls, in Peru, to the end that I may withdraw or modify such advice if
not approved by the department.
[Inclosure 1 in No. 21.]
Mr. Christiancy to
Mr. Osborn.
Legation of the United States,
Lima, Peru, June 2,
1879.
Sir: I presume you will have received from the
Secretary of State, before this reaches you, a dispatch in reference to
the rights of foreign-built ships, purchased by Americans, to use the
American flag; but lest you should not, I inclose copy of a dispatch to
me in answer to Mr. Gibbs’s dispatch on same subject.
The Secretary had already, by a dispatch to me, approved the action of
Mr. Gibbs in reference to the Itata, which, taken in connection with
that of which I inclose copy, I understand to mean just what I had
already said in my letter to you.
In short, I think the mere transfer papers formally showing such a sale
should by our consuls be treated as of no effect, and that they should
not authenticate or recognize it, unless and until full affirmative
evidence is produced to them showing to their satisfaction that the sale
was real and not merely colorable; that it was in good faith, and not
for the mere purpose of obtaining the protection of our flag.
Especially should this be the rule in case of the sale by any of the
belligerents in this war to American citizens, as such sales, from the
very nature of the case, rest under a strong suspicion of fraud. I have
advised our consuls in Peru to be guided by these principles, unless
otherwise instructed by the department.
There is one other point in reference to the use of our flag which I
consider of grave importance, and to which I invite your special
attention.
I am informed by our consul at Iquique, Mr. Merriam, by letter dated May
23, that, in the naval engagement or engagements at and near that port,
on the 21st May last, the Lamar, a Chilian transport, raised the
American (our) flag. If this report be true, the use of our flag for
such a purpose can only be considered in the light of a very grave
insult to the flag and the Government of the United States. And I would
suggest that it may be a very proper subject to be called to the
attention of the Chilian Government, and, if the report be found to be
correct, for a proper protest on the part of the United States against
the repetition of so grave an insult to our government.
I have, &c.,
Hon. Thomas. A. Osborn,
United States Minister, Chili.
