Legation of
the United States,
Lima,
Peru, April 1, 1879. (Received May
5.)
No. 328.]
I have answered this day as per copy annexed.
[Inclosure 1 in No.
328.—Translation.]
Mr. Irigoyen to Mr.
Gibbs.
Bureau
of Foreign Affairs,
Lima, April 5,
1879.
Sir: As in the war initiated by the Government
of Chili there may possibly arise cases in which it may be necessary to
use the right of visitation to neutral vessels, I beg of your excellency
to answer the following questions:
- 1st.
- What are the conditions the laws demand so a vessel may be
considered to belong to the United States?
- 2d.
- What is necessary, that said laws consider indispensable, that
foreign vessels may in good faith and legally use such
flag?
As in these matters the public treaties of Peru, and international law,
refer to the laws of each State to determine the nationality, it is to
be expected that your excellency, in the interest of those belonging to
your country, will please give the data referred to as soon as
convenient.
I am, &c.,
[Inclosure 1 in No. 328.]
Mr. Gibbs to Señor
Manuel Irigoyen, minister of
foreign affairs.
Legation of the United States of America,
Lima, April 7, 1879.
No. 109.]
Sir: I have the honor to acknowledge the
receipt of your excellency’s circular note of 5th instant, in which it
is stated that, as Chili has commenced a war, there is a probability
that occasion may arise when it will be necessary to exercise the right
of visiting neutral vessels; also stating that it is desirous that the
undersigned give information on the following subjects:
- 1st.
- What are the conditions that the laws of my country exact so
that merchant vessels may belong to the United States?
- 2d.
- What is necessary, that said laws consider indispensable, that
foreign vessels may in good faith and legally use the
flag?
Your excellency also states that in such matters the public treaties of
Peru and international law refer to the laws of each State to determine
the nationality of its vessels; presuming that the undersigned, in the
interests of those belonging to the United States, will be pleased to
answer the above questions in as brief a time as possible.
In answer to the first question, the undersigned has the honor to inform
your excellency that, according to the Revised Statutes of the United
States, Title XLVIII, “Regulations of Commerce and Navigation,” chapter
1, section 4131, defining what are vessels of the United States, says
“vessels registered pursuant to law, and no others, except such as shall
be duly qualified according to law for carrying on the coasting trade
and fisheries, or one of them, shall be deemed vessels of the United
States, and entitled to the benefits and privileges appertaining to such
vessels, but they shall not enjoy the same longer than they shall
continue to be wholly owned by citizens and to be commanded by a citizen
of the United States. And officers of vessels of the United States shall
in all cases be citizens of the United States.”
And under the head of “what vessels are entitled to register,” Section
4132 of the same chapter says: “Vessels built within the United States,
and belonging wholly to citizens thereof, and vessels which may be
captured in war, by citizens of the United States, and lawfully
condemned as prize or which may be adjudged to be forfeited for a breach
of the laws of the United States, being wholly owned by citizens, and no
others, may be registered as directed in this title.”
In answer to the second question, the undersigned has the honor to state
there is no law that permits foreign vessels to use the American
flag.
I have, &c.,
