Mr. Thompson to Mr.
Hay.
American Legation,
Petropolis, January 4,
1904.
No. 109.]
Sir: I have to report that upon receipt of a
letter from Consul Furniss, at Bahia, under date of May 16, 1903 (copy
inclosed), informing me of the use by a Brazilian line of sailing
vessels of a house flag very much resembling one of the forms of our
national ensign, I brought the matter to the attention of the foreign
office in an unofficial note of May 25, 1903 (copy inclosed), informing
Mr. Furniss of the steps taken in a letter dated May 26, 1903 (copy
inclosed). Receiving no answer from the foreign office, I again wrote to
Baron Rio Branco under date of September 9, 1903 (copy of letter
inclosed), receiving an acknowledgment of the receipt of this note and
of my previous one, under date of September 30, 1903 (copy and
translation inclosed).
Although I have received no further communication from the foreign
office, I learn through the official paper that the minister of justice
has now taken the necessary measures to prevent the further use of the
flag resembling our national ensign by the line of vessels referred
to.
I have, etc.,
[Inclosure 1.]
Mr. Furniss to
Mr. Thompson.
American Consulate,
Bahia, July 16,
1903.
Dear Sir: Under date of July 18, 1901, I
wrote to Minister Bryan relative to a line of Brazilian sailing
vessels which were using as their house flag a flag so closely
resembling our national ensign that it can not be differentiated at
a short distance, and asked his assistance to have its use
prevented.
In August of the same year, when Colonel Bryan was passing through
this port on the U. S. S. Atlanta, he
informed me that the matter had been called to the attention of the
Brazilian Government, and that he had been assured that its use
would be prohibited.
The boats flying the flag are the property, of the Bahia-Pelotas firm
of Rosa, Carvalho & Co., and are in the “carne secca” trade
between the ports mentioned. At present there are three of these
vessels in port, and a few days ago my attention was called to the
fact that they were flying the objectionable flag at the
mainmast.
The flag is an exact facsimile of ours, with the exception that the
stars in the blue field are arranged in a circle, in the center of
which appear the letters “R. C.” arranged as a monogram.
[Page 102]
The arrangement of the stars in a circle is permitted by our
Government when 13 stars are used, and that, coupled with the fact
that the monogram is so small as to be either indistinguishable or
not noticed by one even at a short distance, makes its continued use
by a Brazilian vessel very undesirable.
This matter is called to your attention that you may give it such
action as the matter necessitates.
I am, etc.,
[Inclosure 2.]
Mr. Thompson to
Dr. Rio Branco.
American Legation,
Petropolis, May 25,
1903.
Mr. Minister: I herewith inclose you a
sketch of the house flag used by the Brazilian firm of Rosa,
Carvalho & Co., of Bahia and Pelotas, and regularly displayed in
their ships which are engaged in the coastwise trade, and are
registered at Pelotas.
You will observe that this flag is substantially identical with the
flag of my country, having 13 stripes alternately red and white, and
a blue field in which stars are disposed in a circle in one of the
forms authorized by our statutes and frequently used.
The striking resemblance will appear by comparing the lithograph copy
of our national ensign which I inclose with the sketch of the house
flag of Rosa, Carvalho & Co.
Our consular officers in Brazil have called my attention to the use
of this ensign, and I believe you will agree with me that confusion
may arise from the similarity of the two flags, and that Brazilian
port officials as well as our consular officers might well mistake a
Brazilian ship for an American or an American for a Brazilian.
I do not know whether your Government has adopted any regulations in
regard to the use of a national ensign as a house flag of a private
firm, but I venture to call your attention for such action by the
proper officials as may seem to you and them proper.
[Inclosure 3.]
Mr. Thompson to
Mr. Furniss.
American Legation,
Petropolis, May 26,
1903.
Dear Sir: I have received your letter of
May 10, 1903, reporting that the Brazilian shipowning firm, Rosa,
Carvelho & Co., of Pelotas and Bahia, are using as a house flag
on their ships an ensign which is practically identical with the
flag of the United States. Your letter on the same subject of July
18, 1901, to my predecessor, Mr. Bryan, was answered by him on
August 10, 1901. He said to you: I have called the attention of the
minister of foreign affairs to the matter and he has suggested such
communication with the house responsible therefor as is likely to
prevent a recurrence of the abuse in the future.” It seems probable
that Mr. Bryan meant that you should communicate with the house.
There is no correspondence here indicating that he or the Brazilian
minister of foreign affairs have taken any such action. I infer from
your letter that you have not made a direct protest to Rosa,
Carvelho & Co. since receiving Mr. Bryan’s letter. If I am
wrong, please advise me. I think a request to Rosa, Carvelho &
Co. to discontinue the use of the United States ensign as a house
flag on Brazilian ships should properly come from the Brazilian
authorities. The vessels are directly under their control and not
under ours. It seems to me the Brazilian Government would disapprove
of Brazilian ships carrying a flag which makes them appear foreign.
I have therefore written the minister of foreign affairs, calling
his attention to the matter for such action by the proper
authorities as he may deem proper.
I am, sir, etc.,
[Page 103]
[Inclosure 4.]
Mr. Thompson to
Dr. Rio Brunco.
American Legation,
Petropolis, September 9,
1904.
Mr. Minister: On May 25 I had the honor of
addressing you a note on the subject of the use, by a line of
Brazilian sailing vessels plying between Bahia and Pelotas, of a
house flag very much resembling the national ensign of the United
States, to which we have as yet received no answer.
I would be pleased if you would be so good as to tell me the
conclusion, when it has been reached, of the proper authorities.
I avail, etc.,
[Inclosure
5.—Translation.]
Doctor Rio
Branco to Mr. Thompson.
Ministry of Foreign Affairs,
Rio de Janeiro, September 30, 1903.
I have the honor to acknowledge receipt of your excellency’s note of
the 9th instant, asking for my attention to your note of May 25
last, on the use by a line of Brazilian merchant vessels plying
between Bahia and Pelotas of a flag much resembling the national
ensign of the United States.
In reply I have to say to your excellency that I have brought your
note to the knowledge of my colleague of the navy department, whose
reply I am awaiting in order to, in due time, transmit it to you, to
whom I have the pleasure of reiterating the protests of my high
consideration.
