The Department regards your letter as, under the circumstances, discreet.
Avoidance of all interference in local conflicts is very desirable
[Page 628]
on the part of a mail line,
although the suggested service to the titular or de
facto authorities might not in fact infringe any statute of the
United States.
For your information I inclose copy of a recent letter from the Treasury
Department in regard to the effect of temporary foreign service on the
American registry of a vessel.
[Inclosure in No. 292.]
Mr. Foster to Mr.
Foster.
Treasury Department,
Washington, September 23,
1892. (Received September 26.)
Sir: I have the honor to acknowledge the
receipt of your letter, dated 21st instant, inviting my attention to a
telegram from General Ponciana Leiva, President of Honduras, a part of
which is reproduced below for ready reference and as a matter of record,
viz:
“In order to circumvent the rebels, who had taken posssession of the
harbors of La Ceiba and Trujillo, I was compelled to charter the
American steamer S. Pizzati, her captain,
Henrique Pizzati, being a colonel in the Hondurean army, and put aboard
of her armed troops of infantry and artillery.
“In making use of said steamer I granted her for the time being
permission to fly the Hondurean flag, and she was compelled to leave
Puerto Cortez, in combination with the land forces, prior to the arrival
of the officiale patente or permit from: the Honduras Government.
“Now Capt. Pizzati fears that the Government of the United States may
order the confiscation of his steamer or subject him to a fine of some
kind.”
* * * * * * *
“I desire, Mr. Minister, to have your opinion in this particular and I
beg of you to be kind enough to interpose your kind offices with your
Government with the view of exonerating said captain from any blame in
the matter.”
In reply to your request for my opinion whether the action of Capt.
Pizzati, as above reported, would affect the registry of his vessel, or
subject it or himself to any penalty, I have to state that the case not
being covered by section 4135, Revised Statute, relating to vessels
“authorized to sail under a foreign flag, and to have the protection of
a foreign government during the existence of the rebellion,” I am
advised that the circumstances stated by the President of Honduras do
not cause any penalty or disability to be incurred by the vessel, her
owners, or master, under the laws of the United States, and that she can
continue to enjoy the use of her documents granted by the United States,
notwithstanding the transactions above mentioned.
Respectfully yours,
Charles Foster,
Secretary.
