Mr. Partridge to Mr. Gresham.

No. 97.]

Sir: With reference to the case of John H. Dialogue & Son., agents for Mr. E. Lee growing out of the closure to foreign commerce of all of the mouths of the Orinoco River except the Boca Grande, I [Page 738] have the honor to report that under date of the 30th of that month, I received a letter from Mr. Lee regarding his American citizenship and his ownership of the vessel in question, a copy of the pertinent part of which I inclose.

On August 16 I gave to the minister of foreign affairs informally, in deference to his suggestion, a memorandum, a copy of which is also inclosed.

I have inquired of him several times concerning the matter, but have received no satisfactory reply. On the 14th instant, therefore, I addressed him a formal note as per coyy inclosed. Hoping that my action will meet with your approval,

I have, etc.,

Frank C. Partridge.
[Inclosure 1 in No. 97.]

Mr. Lee to Mr. Partridge.

Sir: I have your favor of the 23d instant, and in reply, I herewith inclose certificate of the U. S. consul at this port, which I trust will be found a satisfactory reply to most of your inquiries; but I will state further in reply to your questions of citizenship, that you will doubtless find evidence in the legation that I was U. S. consul at Guayaquil in the years 1867 to 1868, and that you will also find, in the archives of the legation, copies of the correspondence between the State Department and Maj. Scott (one of your predecessors) evidence to the same effect.

If the above is not sufficient please notify me, and further shall be forthcoming. The consular certificate will state that I am sole owner of the Delta. John H. Dialogue & Son are the contractors who built the vessel for me, and have acted and are still acting as my agents in the United States in matters connected with my steamboat interests in Venezuela. In regard to the progress in construction of the Delta, the vessel is now afloat, the boilers and most of the machinery are on board, the upper decks are now well advanced, and if there was probability of getting soon to work, the finishing strokes would not be far off.

The consular certificate gives the tonnage of the vessel as taken by the proper authorities in Philadelphia. The length is 160 feet, beam 40 feet, and depth of hold 9 feet. She is a stern wheeler, and although well able to navigate the waters of the Gulf of Paria, it would be dangerous to send her to the high seas.

Yours, etc.,

E. Lee.
[Inclosure 2 in No. 97.]

Certificate of Consul Pierce.

I, the undersigned, William P. Pierce, consul of the United States of America at Trinidad, hereby certify upon satisfactory proof produced to me that the vessel called the Delta now lying in Port of Spain, Trinidad, was in whole or part constructed at the shipyard of John H. Dialogue & Son, shipbuilders at Camden, State of New Jersey, United States; and according to bill of lading produced at this consulate and found to be genuine was subsequently shipped by E. Lee in pieces to Trinidad, where it has been built or reconstructed by the said E. Lee and his agents.

I further certify that a receipted account rendered against the said E. Lee and signed by the said John H. Dialogue & Son, the genuineness of which paper I do not doubt, has been produced to me at this consulate and the items of the account satisfactorily show that the said John H. Dialogue & Son acted under contract as the agents of said E. Lee in manufacturing or obtaining the said material out of which the said Delta has been built.

I further certify that according to an official certificate of admeasurement produced to me and the genuineness of which I do not doubt, dated at the “District of Philadelphia, [Page 739] port of Philadelphia, March 9, 1893,” and signed “John J. Franklin, “deputy surveyor,” the said vessel is described in part as a stern-wheel steamer with one deck and no masts, gross tonnage (466.07) four hundred and sixty-six and 7/100 tons, and net tonnage (322.33) three hundred and twenty-two and 33/100 tons.

I further certify that the said E. Lee is a citizen of the United States of America.


William P. Pierce,
Consul.

[Seal of consulate.]

This is to certify that the foregoing is a true and genuine copy of a certificate as recorded at this consulate, and which was duly executed and granted under my official seal and signature substantially as provided for by paragraph 313 of the U. S. Consular Regulations.

Given under my hand and the seal of this consulate the day and year hereof.

[Seal of consulate.]

William P. Pierce,
U. S. Consul.
[Inclosure 3 in No. 97.]

pro memoria.

November 21, 1892, Mr. Scruggs sent his excellency Dr. Rojas a copy of a letter from John H. Dialogue & Son, of Camden, N. J., who contemplated building vessels for transportation purposes between the United States and Ciudad Bolivar. They desire to navigate the bayous of the Orinoco River, and before entering upon large expense they wished to know whether those bayous, as well as the main channel, were open to all flags, and especially the American, and whether the condition would likely be permanent. Mr. Scruggs therefore asked to be officially informed upon the subject.

His excellency Dr. Rojas replied on the 22d of December, 1892, to the effect that foreign vessels bound for Ciudad Bolivar were allowed to enter the Orinoco River by any of the mouths and return likewise by any of them.

This assurance was communicated to the Department of State at Washington, December 24, 1892, and by it to John H. Dialogue & Son, January 11, 1893.

On the 1st of July, 1893, the Government of Venezuela issued a decree closing the mouths of the Orinoco to foreign commerce except the Boca Grande, and reserving the Padernales and Macareo channels for the coasting trade.

It now appears from a letter of John H. Dialogue & Son, dated July 29 last, that, acting upon the assurance of the Venezuelan Government, they have built a vessel “especially for the navigation of the Orinoco River through the mouths adjacent to Port of Spain; that the vessel is utterly unfit to navigate the principal mouth, and that there is no possible way of altering her to make her suitable for such navigation.” The decree in question recognizes the fact that vessels adapted to the navigation of the lesser mouths would not be suitable for the navigation of the Boca Grande.

The preliminary inquiry of Dialogue & Son evidences their good faith in the matter. The assurance given them was definite, and they, relying upon it, have undertaken large expense. The circumstances seem to suggest that unless some way can he found to relieve this particular ship from the operation of the decree of July 1, great damage would unjustly be done her owners.

Frank C. Partridge.

Legation of the United States
[Inclosure 4 in No. 97.]

Mr. Partridge to Señor Rojas.

Mr. Minister: Referring to our previous conversations with respect thereto, permit me to again, call your attention to the memorandum which I sent you, August [Page 740] 16, relative to the case of John H. Dialogue & Son, agents for Mr. E. Lee. For your convenience I inclose another copy of the memorandum.

I would add that the Delta, the vessel in question, is a stern-wheel steamer, with one deck and no masts, about 160 feet long, 40 feet beam, and 9 feet depth of bold. Her gross tonnage is 466.07 tons, and her net tonnage 322.33 tons. Being unfit for ocean travel, she was shipped in pieces from the shipyards of Dialogue & Son, at Camden, State of New Jersey, United States of America, to Trinidad, where she has been reconstructed by her owner, Mr. Lee. According to my advices of the last of August, the vessel was afloat, the boilers and most of the machinery were on board, and the upper deck well advanced. She is intended for service between Trinidad and Ciudad Bolivar, and is capable of navigating the gulf of Paria, in order to enter the Padernales and the Macareo mouths, but not of navigating the high seas, as would be necessary to enter the Boca Grande. Nor could she be adapted to, or sold for, some other trade, as she can not be sent across the seas.

Briefly, the case stands thus: A citizen of the United States desiring to construct some vessel for the navigation of the Orinoco River to Ciudad Bolivar, and familiar with the widely different necessities of a vessel suited to the navigation of the lesser mouths and the navigation of the Boca Grande, frankly stated his purpose to his “Government, through his agents, and that he did not desire to undertake the necessary expense involved without assurance that the navigation of the lesser mouths would be permitted.” The Government of the United States thereupon, through this legation, formally inquired with respect thereto of the Government of Venezuela, and received through the medium of your excellency the desired assurance. This information was communicated to the agents of the owner and he, relying upon it, has undertaken large expense, which the decree of July 1, unless modified at least with respect to the Delta, will render practically valueless.

Upon a mere statement of the facts I submit to your excellency whether common justice and good faith does not require the Government of Venezuela to permit the Delta to navigate the lesser mouths or else to save her owner harmless in some other way? The form which the relief is to take must determine the present course which it is best for Mr. Lee to pursue in regard to his vessel. As it is, he is left wholly in doubt. I therefore earnestly renew my request that your excellency will inform me what the purpose of the Government of Venezuela is in the premises.

I avail myself, etc.,

Frank C. Partridge.