File No. 862.85/345
The Minister in Cuba ( Gonzales) to the Secretary of State
[Received 6.28 p.m.]
Your December 14, 5 p.m.,2 my March 6, 3 p.m. President sends me for comment before signing following proposed decree indorsed by Judge Advocate War and Navy:
Whereas ships Bavaria, Olivant, Adelheid and Constancia, which were turned over the Government of the United States in order that [Page 678] this Allied nation may use them for common good of both republics and which now fly Cuban flag, should in view of their legal status arising from their seizure by this Government be considered as in the class of vessels which, while not forming a part of the navy, belong to the state and are, therefore, public property.
Therefore, in exercise of powers invested in me by the constitution and the laws, upon recommendation of the Secretary of War and Navy, I hereby resolve that until otherwise provided the ships Bavaria, Olivant, Adelheid and Constancia be considered in the class of national public ships and as predicated shall continue to fly the Cuban flag and that consequently the proper authorities will issue necessary papers to accredit the nationality and character of said ships.
Please answer as soon as possible if this is what Shipping Board wishes.