McKELLAR, United States Vice-Consul to John M. Clayton, March 15, 1879

Mr. McKellar to Mr. Clayton.

Dear Sir: I have had my attention called to a telegram from Lima, which states as follows: “American minister raises difficulties to accept the documents of steamer Itata, and says that the consul had no authority to issue them.”

I think this must be a mistake, as the facts of the case are as follows:

Mr. Henry L. Stevens, an American citizen residing in this city, has purchased this steamer and others last month. The respective bills of sale of these vessels were executed before me and duly recorded at the consulate, in conformity with Article XVII of Consular Regulations, 1874, a copy of which article I have attached to each bill of sale, as well as a certificate that the purchaser is a citizen of the United States. I may also state that, besides the referred regulations, I have for my guidance a book furnished this consulate by the Department of State, viz, “Digest of the Opinions of the Attorneys-General and Leading Decisions of the Federal Courts with reference to International Law,” &c. On page 6 will be found the opinion of Mr. Cushing in reference to the purchase of foreign-built vessels by citizens of the United States; on page 142, Article XXVI, is another opinion of the same eminent jurist on the same subject. I annex herewith a copy of the articles referred to.

I may furthermore state that my action with reference to the above transfers has been precisely as that observed on former occasions at this consulate by my predecessors.

I had written the government upon the subject, and our minister at Santiago is cognizant of the matter.

I am, &c.