페이지 이미지
PDF
ePub

CIRCULARS.

No. 1.

To the consular officers of the United States at seaports.

DEPARTMENT OF STATE,

Washington, February 18, 1880.

GENTLEMEN: Inquiries have from time to time been addressed to the Department by consular officers in regard to the legal status, rights, and liabilities of foreign-built vessels purchased abroad and wholly owned by citizens of the United States. A recent instance of this kind, brought to the attention of the Department by the consul at Panama, in regard to the steamship Honduras, suggests the propriety of general instruction où the questions involved in that case. The vessel in question was built at Liverpool in 1871, and upon her arrival in Panama, in September last (1879), was sold by her foreign owner to the Panama Railroad Company; soon after the railroad company sold the vessel to the Pacific Mail Steamship Company, both of these companies being American corporations. The Pacific Mail again sold the vessel to the Panama Railroad Company, which latter company now runs the steamer between Panama and the port of Champerico, Guatemala, in the common interest of both companies. Upon the facts the consul asked instruction upon two points:

First. "Is such a vessel required to pay tonnage dues, as required by law of registered American vessels ?"

Second. "Is her crew to be shipped and discharged in accordance with the law and regulations applicable to the crews of regularly registered or enrolled American vessels?”

The existing regulations of the Treasury in regard to this class of vessels, and bearing especially upon the points under consideration, are found in Chapter IV of the Regulations of 1874 of that Department, and for convenience are transcribed here:

ART. 93. Foreign-built vessels purchased and wholly owned by citizens of the United States, whether purchased of belligerents or neutrals during a war to which the United States are not a party, or in peace, of foreign owners, are entitled to the protection of the authorities and flag of the United States, as the property of American citizens, although no register, enrollment, license or other marine document prescribed by the laws of the United States can be lawfully issued to such vessels. ART. 94. To enable, however, the owners of a vessel so circumstanced to protect their rights if molested or questioned, the collector of customs, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its validity in form and substance, and deliver to the owner a certificate to that effect; certifying, also, that the owner is a citizen of the United States.

These facts, thus authenticated, if the transfer was in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States; and the authentication of the bill of sale and of citizenship will be prima facie proof of such good faith.

ART. 96. Before granting such certificate, the collector of customs will require the tonnage of the vessel to be duly ascertained in pursuance of law, and insert the saine in the description of the vessel in his certificate.

The rulings and instructions of this Department have been in general accord with the above provisions of the Treasury regulations. It is therefore concluded that foreign-built vessels purchased abroad and wholly owned by citizens of the United States and plymg in foreign waters, are to be considered subject to the exaction and payment of tonnage dues in the same manner as regularly registered or enrolled American vessels, and consuls are expected and required to collect such dues. In the case of vessels running regularly by weekly or monthly trips, or otherwise, as is the case with the Honduras, the tonnage dues are required by law to be made only for four trips a year, and this payment, in accordance with the former ruling of the Department, is to be made either at the principal port of departure or that of final destination of the vessel, and on the first four trips in the calendar year.

In regard to the second question, namely, whether the crews are to be shipped and discharged before the consul, as in the case of regis tered or enrolled vessels, it is found that in many instances the crews of such vessels are made up largely of men who are not citizens of the United States, and who have not acquired the character of American seamen within the meaning of the law, by service on a registered vessel of the United States. As to these, when they ship at a foreign port, whether under contract to be discharged at another foreign port or not, extra wages are not to be demanded on their account, nor are they entitled to relief as destitute American seamen under the laws providing for such relief. Seamen of this character, therefore, serving on the vessels referred to, under a contract not made in the United States, are not considered to be within the jurisdictional coguizance of the consul as to their contracts of shipment and discharge. But seamen engaging on this class of vessels who are citizens of the United States, and foreigners who have acquired the character of American seamen, within the meaning of the law, by service on registered or enrolled American vessels, and still claim and maintain that character, are to be shipped and discharged before the consul in the same manner as that provided by law and regulation for the shipment and discharge of American seamen of registered or enrolled American vessels. And this class of mariners being entitled to relief as destitute American seamen, when found under the conditions essential to such relief, are entitled to have collected extra wages on their account when discharged at a foreign port under the conditions prescribed by law, for the demand and collection of the three months' extra wages.

It is desired, in any cases of the character referred to that may present themselves within your consular jurisdiction in the future, that you will conform your course to the suggestions of this instruction.

I am, &c.,

No. 2.

WM. M. EVARTS.

To the consular officers of the United States.

DEPARTMENT OF STATE,
Washington, June 19, 1880.

GENTLEMEN: Information has been received from the president of the National Board of Health that the fees authorized by section 6 of the

act of Congress "to prevent the introduction of contagious or infectious diseases into the United States," approved June 2, 1879, to be fixed by the Secretary of the Treasury, have been fixed at the rate of 25 cents for every person examined by the medical officer or physician, and $2.50 for each bill of health. The latter is the fee already prescribed by the Consular Regulations for the bill of health.

When it shall be necessary for you to make inspections of ships under previous instructions issued in accordance with the rules and regulations of the National Board of Health, approved by the President, you are authorized and instructed to pay all expenses thereof, including expenses of boat hire and medical examinations of passengers, officers, and crew, when necessary, out of the fund created by the charge of 25 cents for the examination of each person on the ship inspected. You are further authorized and instructed to collect from the masters of the vessels and to disburse the actual cost of cleansing and disinfecting ships when this becomes necessary, as provided for by the statute.

A separate account should be kept of all the fees received for the examinations and inspections herein referred to, and should be transmitted quarterly to the office of the National Board of Health in this city. I am, &c.,

JOHN HAY,
Acting Secretary.

No. 3.

To the consuls-general, consuls, and commercial and consular agents of the United States.

DEPARTMENT OF STATE,
Washington, July 1, 1880.

GENTLEMEN: Appreciating the good results of your praiseworthy efforts for the enlargement of our commercial relations in your several districts, and desirous of giving the country the fullest and most direct benefits of your labors, Congress, upon representations made thereto by this department, at its recent session, made provision "for printing and distributing more frequently the publications by the Department of State of the consular and other reports."

This action was taken in response to the wishes of the leading commercial communities of the United States, as expressed through the chambers of commerce of the principal cities, which attested the great value of your reports, and the advantages which would accrue from their more frequent publication.

Heretofore, with the exception of short abstracts given, from time to time, to the press, the only means of giving publicity to your reports was through the annual volume of "Commercial Relations." The delay incident hereto neutralized, to a large degree, the good which would have resulted from the immediate publication of many of your communications, while a large number of valuable reports were left unpublished altogether, and many others necessarily curtailed, in order that the annual volume might be kept within reasonable limits.

This action of Congress enlarges the field of your usefulness, and your accomplished labors are a guarantee that you will respond to the expectations of the commercial and manufacturing communities of the coun

try, and thus prove that you fully appreciate the very high compliment embraced in this national indorsement of your efforts for the enlargement of our commerce.

You are, therefore, requested to prepare and forward to this Department reports upon all subjects which may be calculated to advance the commercial and industrial interests of the United States, bearing in mind, however, while giving yourselves the broadest field for the accomplishment of the work herein assigned you, that your principal efforts must be directed to the introduction of American trade into, and the enlargement thereof in, your several districts.

It is the wish of the Department, where such a course is practicable and does not detract from the general effect, that each of these special reports shall embrace only one subject, with its necessary connections, of course, and that while diffuseness and repetition should be avoided as much as possible, the information given should be explicit and comprehensive, so that our merchants, manufacturers, agriculturists, exporters, and importers shall fully understand the peculiarities, wants, and requirements of the several markets, as well as the best methods of reaching the same, and that as little as possible may be left to surmise or speculation.

The frequency of these proposed publications will depend altogether upon the volume and value of the reports received, and as the number of these from any one consular officer must depend wholly upon his ability and efficiency and upon the field of his labors, to some extent, it is expected that reports will be transmitted to the Department as often as each official has anything of importance to communicate.

The Department notes that while a majority of the consular officers have done their whole duty thus far in this regard, others have reported only at irregular intervals, while others again have remained totally silent. As there is no place where the United States is officially represented so insignificant as to be unworthy of commercial cultivation, the Department will henceforth expect reports from all its consular officers, nor will it further overlook the silence of any.

The Department, being anxious to lighten as much as possible this extra labor imposed upon you, will no longer require duplicate copies of these reports. It is, however, desired that quantities and values should be given in American measures and in American money.

The annual volume of "Commercial Relations" will be published as heretofore; you will continue to prepare your annual reports therefor as usual, but the publication of these special communications will enable you to dispense in the former with all extraneous matter, treating therein of subjects pertaining only to what properly belongs to annual reports, as laid down in Consular Regulations.

In conveying to you, gentlemen, the foregoing public appreciation of your official labors, the Department takes much pleasure in adding its warmest testimony thereto, and it feels assured that our ever-increasing commercial relations with the various countries will still bear evidence of your continued efforts in behalf of American commerce in your several districts.

I am, &c.,

WM. M. EVARTS.

No. 4.

To the diplomatic officers of the United States.

DEPARTMENT OF STATE,

Washington, July 30, 1880.

GENTLEMEN: I have to state for your information that in pursuance of a joint resolution of Congress which was approved on the 14th of May last, the President has determined to call an international sanitary conference to meet at Washington, and to invite to join in the proposed conference the several powers having jurisdiction of ports likely to be infected with yellow fever or cholera, with a view of securing the adoption by the powers in question of an international system of notification as to the actual sanitary condition of ports and places under the jurisdiction of such powers, and of vessels sailing therefrom.

I inclose herewith a memorandum in which the circumstances which have induced this government to ask those of other nations to join in the proposed international sanitary conference are set forth, and which concludes with a statement of the specific propositions which the President would desire to submit to the conference.

In view of the urgent necessity which, according to the experience of this government, exists for prompt action in reference to this matter, I have to instruct you to lose no time in calling the attention of the government of to this subject by transmitting for its information a copy of the memorandum above mentioned, and by asking it at the same time to take into consideration the expediency of holding a conference of the character proposed, and requesting it to communicate its views on the subject to this government at as early a date as may be convenient.

You may add that it is thought by the President that such delegates as may be appointed by the several powers to attend the proposed conference should be authorized to conclude, if deemed expedient upon consultation, an international convention, in relation to any proper subjects for international sanitary regulations to be proposed for the consideration of the governments interested.

In order that the proposed conference, if agreed to by the several foreign governments interested in the subject, may be held at as early a period as practicable, the President deems it expedient to suggest the 1st day of January, 1881, as a suitable date for the assembling of the conference in the city of Washington. In the event, however, that the government of should have occasion to prefer a different date for the meeting of the conference, this government will be ready to reconsider the question with a view to an alteration in the date. I am, &c.,

WM. M. EVARTS.

Memorandum in relation to points proposed to be submitted to an international sanitary con

ference.

DEPARTMENT OF STATE,
Washington, July 29, 1880.

A joint resolution of the Senate and House of Representatives of the United States, approved May 14, 1880, authorized the President "to call an international sanitary conference to meet at Washington, District of Columbia, to which the several powers having jurisdiction of ports likely to be infected with yellow fever or cholera shall be invited to send delegates, properly authorized, for the purpose of securing an inter

« 이전계속 »