Office of the Historian
No. 701.

Mr. Bayard to Mr. Scott.

Department of State,
Washington, December 4, 1885.
No. 35.]

Sir: The consul of the United States at Maracaibo, in a dispatch of the 30th October last, calls attention to the embarrassments occasioned to American shipping by the practices prevailing at the custom-house there regarding ships’ papers. He incloses a copy of his No. 20, of May 15,1879, making suggestions touching the prevision of a remedy forthese embarrassments.

I inclose a copy of the original dispatch, and have to ask that you will solicit at the foreign office the changes in the customs regulations there suggested by the consul.

I am, &c.,

T. F. BAYARD.
[Inclosure in No. 35.—Extract]

Mr. Plumacher to Mr. Porter.

United States Consulate,
Maracaibo, October 30, 1885.
No. 335.]

Sir: I have the honor to inclose a copy of my dispatch No. 20, of May 15, 1879, which I beg you to be kind enough to read, as I am since a few months placed in the same situation as in 1879, and since that time I have seen many changes in the custom-house of this consular district, but by personal influence I have always been able to get what I required to protect our interests, and I always received the ship’s papers with the exception of the ship’s register, which only is delivered after the vessel’s dispatch from the custom-house. As I have stated in my dispatch No. 20, I hold the custom-house at Maracaibo a very unsafe place to keep the register and papers of vessels. The officials are unwilling to give a receipt.

* * * * * * *

I have, &c.,

E. H. PLUMACHER.
[Inclosure 2 in No. 35.]

Mr. Plumacher to Mr. Hunter.

United States Commebcial Agency,
Maracaibo, May 15, 1879.
No. 20.]

Sir: I take the liberty to draw your attention to certain laws of the United States of Venezuela, of which I inclose a Spanish extract and an English translation. You will observe that this law is of such a tenor that consular officers cannot comply with [Page 929] their duties; neither can the masters of vessels. I refer to Article XII, United States Consular Regulations, reciprocal duties of consular officers and masters of American vessels, including the duties under the shipping act (§118, 121, 122, 123, 124).

According to §41 of the law of Venezuela the masters of vessels are compelled to deliver up all and every one of the ships’ papers and they must be kept by the administrator of the custom-house until the vessel leaves the port. Permit me to state for your information that as soon as a vessel arrives at this port the custom-house authorities send at once their officials to pass the visit, and all the ships papers are taken from the master, but no receipt is given. The masters of vessels generally not speaking Spanish, and unacquainted with the laws of Venezuela, give up their papers unwillingly, and as the so-called interpreter very often does not master the English language or the language of the nation under whose flag the vessel belongs, delays and unpleasant feelings are the result of it.

The masters are obliged to report themselves at this office without papers, and complain bitterly, and I have to go myself to the custom-house and after much delay and trouble the articles and crew-list are delivered to me, but never the register of the vessel.

It has happened that, since I am here, parts of the ship’s papers of several American vessels have been lost by the custom-house officials, the vessels being obliged to leave without them, provided with a certificate from my hand. During the short time that I have the honor to represent our country at this port, I have seen three entire changes of the authorities in charge of the custom-house, and if a political demonstration should be made, or during times of revolutions, the custom-house is a much exposed place. If this law is not changed it will be impossible tor consular officers to do their duty strictly, and serious inconveniences may happen to vessels in case the ships’ register should be lost which could not happen if the ship’s papers were duly deposited at the consulate.

I hope you will forgive your humble servant for making the following suggestions to regulate it to the satisfaction of both countries:

(1)
The register, articles, crew-list, and other documents belonging to a vessel should be (or may be) taken by the custom-house officers or proper authorities of the port, giving a specified receipt for them to the master of the vessel on delivery. After forty-eight hours the captain should claim his papers from the authorities, return his receipt, and give them to the consular officer, who shall give to the authorities of the port a certificate proving that said papers have been duly deposited at the consulate by the master of the ship.
(2)
The consular officer should not return the register or any other one of the ships’ papers which have been deposited with him to the master of the vessel until the master presents to the consular officer his clearing papers granted from the proper national authorities namely his sailing license.

I believe this is all that is required for a satisfactory settlement of this question.

If a consular officer at this port or a master of a vessel should violate the law the vessel is anyhow in reach of the authorities of Venezuela as the vessel has to sail down to Fort St. Carlos, pass its guns and afterward to be towed to sea over the bar. At Puerto Cabello and Laguayra the vessels anchor under the guns of the fortifications, therefore in reach of the authorities.

Since General Guzman Blanco has taken charge of the Republic and has expressed his intention to facilitate the connections with other nations I believe we would find the good-will and assistance of the Government of Venezuela to regulate this point satisfactory to all.

Hoping you will be kind enough to give to the foregoing your attention I embrace this opportunity, &c.

E. H. PLUMACHER,
United States Commercial Agent.

Extract of laws corresponding to foreign vessels according to the “Codigo de Hacienda” of Venezuela.

laws appertaining to vessels entering open ports.

§ 40.
Vessels entering at any of the open ports of the Republic of Venezuela must be visited by the administrator or surveyor of the custom-house, the chief of the inspectors, and such necessary help as may be considered needed, this visit to be made after the usual sanitary call. If the chiefs of the custom-house cannot call in person on the arriving vessel they must be duly represented by a deputy who is not from the inspector’s office.
§ 41.
If the entering vessel comes from a foreign port, the captain’s or supercargo’s duty is to deliver—
(1)
The patent of navigation which remains with the chief of the custom-house until the vessel’s departure;
(2)
The certified manifest or manifests;
(3)
The enveloped and sealed paper, or papers;
(4)
A copy of the signed bill of ladings, even if the vessel arrives from the Antilles.
(5)
List of effects of the vessel’s use and of the stores, according to § 8;
(6)
The crew-list of the vessel, and list of effects of the captain’s and crew’s use;
(7)
The list of passengers, mentioning the number of packages of baggage, stating where same were taken aboard;
(8)
A list stating what the vessel carries as ballast, as per § 16; and
(9)
The correspondence, which is delivered by the chief of the inspector to the postmaster.
(§ 42)
If the vessel arrives in ballast her captain or supercargo is only obligated to present the documents as per Nos. 1, 5, 6, 7, 8, and 9 of the preceding paragraph.