File No. 21274/3.
Minister Brown to
the Secretary of State.
American Legation,
Tegucigalpa, August 12,
1909.
No. 101.]
Sir: I have the honor to submit herewith copies
of correspondence relating to the proposed nationalization of vessels
owned by foreigners
[Page 367]
residing
in Honduras in accordance with the Honduranean laws of navigation, which
have been recently enacted and copies of which, I understand, were duly
transmitted to the department by Consul Alger.
The present difficulty centers about Article I of decree No. 112, which
reads as follows:
All vessels built in the shipyards of the Republic, or of foreign
construction, for the service of individuals residing in the
Republic, natives or foreigners, will be considered as
Honduranean, and, therefore, can not fly any other flag.
This legation is in possession of very limited references on this subject
of the nature of precedents, but I have been unable to find, either in
international law or in a common-sense interpretation of the treaty
between Honduras and the United States, which provides for complete
liberty of commerce, any justification for the requirements of the law
above quoted, I felt compelled, therefore, in order to fully safeguard
American rights in this respect, to address to the Honduranean
Government a note on the 11th instant, as per inclosure No. 2, and also
to send a telegram to the consular agent at Trujillo on the same day
(inclosure No. 3), and trust that my action in this regard will meet
with your approval.
I am inclined to believe that the Honduranean Government is now beginning
to realize the extreme and perhaps insuperable difficulties in the way
of enforcing strictly the laws in question, and it is more than likely
that the offensive provisions of the law under consideration will remain
a dead letter.
In the meantime I will keep the department fully informed as to any
further developments in this matter, and trust there will be no
disagreeable incidents in connection with any attempted application of
the law in the extreme sense above indicated.
I have, etc.,
[Inclosure 1.]
Minister Brown
to the Minister for Foreign
Affairs.
American Legation,
Tegucigalpa, August 11, 1909.
No. 44.]
Mr. Minister: I have the honor to inform
your excellency that this legation is in receipt of a communication
from the American consular agent at Trujillo, stating that the
collector of customs at that port has notified him that in view of
the new “navigation laws” (decree No. 50), which go into effect on
the 12th instant, after that date he will neither enter nor clear
vessels under a foreign flag owned by persons resident in this
Republic nor vessels registered under 100 tons net. The consular
agent furthermore reports that the authorities at Iriona have given
notice that the American tugboat La Crosse,
owned in New Orleans and employed in the service of loading and
unloading of vessels, will have to be placed under the Honduranean
flag.
It is to be assumed that the local authorities have misinterpreted
the laws referred to, but in order to avoid any misunderstanding, I
would state that while the right of Honduras to regulate its
coastwise trade as it pleases is fully recognized, on the other hand
it can in no way be admitted that foreign-owned vessels, engaged in
commerce between Honduras and other countries, should be compelled
to conform to the requirements of the laws, as interpreted by the
local authorities, referred to. Such action would clearly be in
contravention of international law and the provisions of the treaty
of amity and commerce between Honduras and the United States.
I am this day telegraphing in the sense above indicated to the
consular agent at Trujillo, but in order that there may be no
serious regretable incidents in this connection, I would request
your excellency’s Government to kindly
[Page 368]
confirm this understanding of the laws in
question and to send telegraphic orders immediately, not only to
Trujillo, but to all other ports of Honduras, for the instruction
and guidance of the authorities whose duty it will be to enforce the
new laws of navigation.
Accept, etc.,
[Inclosure 2.]
Minister Brown
to Consular Agent Glynn.
[Telegram.]
American Legation,
Tegucigalpa, August 11, 1909.
Referring to your communication of July 27, would state that if the
local authorities should attempt to interfere in any way with
vessels of any size owned in the United States and engaged in
commerce between Honduras and any other foreign country it would be
considered as a breach of international law and in contravention of
the treaty of amity and commerce between Honduras and the United
States, and such action could only be considered as an insult to the
American flag, which you will indignantly protest against and take
all means in your power to secure protection for American rights.
For your personal information I would state that the laws concerned
refer evidently to foreigners domiciled in Honduras, and
consequently that as all American citizens constructively retain
their domicile in the United States, the law for no other reason
could have no application to them. Moreover, as regards the tugboat
La Crosse, article 24 of decree No. 112
expressly exempts boats employed in loading and unloading vessels
from the requirements of this law.
