853.863/1
The Portuguese Minister (Alte) to the Secretary of State
[Received July 30.]
Sir: The Portuguese Government Decree No. 54, of July 23, 1913, enacts that all matters pertaining to the internal discipline of foreign merchant vessels in Portuguese waters shall be regulated solely by the laws of the country to which the vessel belongs and carried out by the captain of the ship and by the resident consular officer of that country.
The same Decree further states that when the local authority has to take legal action on board a foreign vessel in Portuguese waters the resident consular officer of the country to which the ship belongs must, in every case, be advised, with due anticipation, of the date and hour at which such action will be taken as well as of the nature of the proceedings, in order that he may be present or send a representative. In the official report it must be stated that the consular officer was invited to attend and whether he was or not present during all or part of the proceedings. In any case, whether or not the consular officer attends, the proceedings shall take place.
The above mentioned Decree states that these provisions shall apply to the vessels of all nations that reciprocally grant the same treatment to Portuguese merchant vessels in their territorial waters. In these circumstances, I would esteem it a favour if you would kindly inform me whether the Portuguese consular officers are invited to be present when the American authorities take legal action on board Portuguese merchant vessels in American waters.
Accept [etc.]