RODGERS, Rear Admiral Commanding United States Naval Force in the Pacific to Thomas O. Osborn, March 13, 1879

Rear-Admiral Rodgers to Mr. Osborn.

Sir: Since my arrival in this neighborhood I have learnt with much concern that three steamers” hitherto sailing under the Chilian flag have raised the flag of the United States, and have been furnished with prima facie evidence that the transfer of ownership to an American citizen has been made in good faith.

These vessels, it is believed, are owned in this country, and the American citizen who is their alleged purchaser has domicil in Chili. I am told that he is not a man of fortune, nor has he hitherto been thought able to buy a costly line of steamships. If such transfers may be made, the whole mercantile marine of Chili may thus find immunity from capture in evident violation of the belligerent rights of Peru, should the war now imminent break forth between the two great South American republics.

Our consular regulations declare that “the privilege of carrying the American flag is under the regulation of Congress, and the statutes have not made that privilege practicably available to any ships except those duly enrolled at some custom-house.” I am aware that our attorney-generals have affirmed the right of a citizen of the United States to purchase a merchant ship of a belligerent anywhere, at home or abroad, and that the ship so purchased becomes entitled to bear the American flag and to American protection, but it was equally insisted that the purchase should be bona fide and property passed absolutely and without reserve.

The English admiralty courts in making similar decisions have also insisted that no interest should remain with the seller.

In our civil war, Southern vessels sold to English subjects, and furnished with provisional registers by British consuls, found little favor in our prize-courts, and it is probable that the courts of Peru would give little heed to the flag of the United states hoisted on board Chilian ships merely to save them from capture, or to the certificate of their being owned by one of our citizens domiciled in Chili.

I may at any moment be called upon to protect by force of arms ships carrying the flag of our country in these seas, and I therefore respectfully beg your permission to call your excellency’s attention to the facts I have recited, and to ask whether the steamers in question are entitled to the protection of the squadron under my command.

The consuls of the United States in Chili are subject to your supervision, and I know that you as well as Mr. McKellar will share my desire that our flag shall not be used by those not entitled to its protection.

I have, &c.,