Mr. Foster to Mr.
Pacheco.
Department of State,
Washington, September 27,
1892.
No. 115.]
Sir: I have to acknowledge the receipt of your dispatch No. 181, of the
25th ultimo, in relation to the revolution in Honduras, and to the
action of the President of that Republic, Gen. Ponciano Leiva, in
chartering the American steamer S. Pizzati, her
captain, Enrique Pizzati, being a colonel in the Honduranean army, and
putting aboard of her armed troops of artillery and infantry, in order
to circumvent the rebels who had taken possession of the harbors of La
Ceiba and Trujillo.
[Page 150]
I inclose for your information a copy of my letter to the Secretary of
the Treasury presenting the matter for his consideration and inquiring
whether the action of Capt. Pizzati, which was in behalf of the titular
authorities of Honduras, with whom the United States maintains
diplomatic relations, would affect the registry of Capt. Pizzati’s
vessel, or subject it or himself to any penalty under our laws.
It affords me pleasure to also inclose a copy of the reply of the
Secretary of the Treasury, from which it appears that the circumstances
stated by the President of Honduras not being covered by section 4135,
Revised Statutes of the United States, 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,” do not cause any
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 herein referred to.
You may make suitable notification of this to the Government of
Honduras.
I am, etc.,
[Inclosure 1 in No.
115.]
Mr. John W.
Foster to Mr. Charles
Foster.
Department of State, Washington, September 21,
1892.
Sir: Our minister to Honduras has
transmitted to this Department a telegram from Gen. Ponciana Leiva,
President of Honduras, to a portion of which, as follows, I have the
honor to invite your attention:
“In order to circumvent the rebels who had taken possession of the
harbors of La Ceiba and Trujillo I was compelled to charter the
American steamer, S. Pizzati, her captain,
Enrique Pizatti, being a colonel in the Honduranean 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 Honduranean 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.”
The action of Capt. Pizzati was in behalf of the titular authorities
of Honduras, with whom the United States maintain diplomatic
relations. I have the honor to request your opinion as to whether
the action of Capt. Pizzati, as herein reported, would affect the
registry of his vessel or subject it or himself to any penalty under
our laws.
I have, etc.,
[Inclosure 2 in No.
115.]
Mr. Charles
Foster to Mr. John W.
Foster.
Treasury Department, Washington, September 23,
1892.
Sir: I have the honor to acknowledge the
receipt of your letter, dated the 21 instant, inviting my attention
to a telegram from Gen. Ponciana Leiva, President of Honduras, a
part of which is reproduced below for ready reference and as a
matter of record, viz:
[Page 151]
“In order to circumvent the rebels who had taken possession 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 Honduranean 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 Honduranean 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 Statutes, 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,
