Thomas O. Osborn to Admiral Rodgers, March 15, 1879
Mr. Osborn to Admiral Rodgers.
Sir: Your favor of the 13th instant, making certain inquiries concerning the alleged transfer to an American citizen domiciled in Chili of three steamers heretofore carrying the Chilian flag, was received to-day by the hands of Mr. McKellar.
I have caused Consul McKellar to be furnished with a copy of your letter, and have directed him to make prompt and careful inquiry as to the legitimacy of such pretended transfers, and to forthwith revoke all documents by him executed under which said vessels assume to be American vessels, if upon due investigation he shall become satisfied that your suspicions concerning such transfers are well founded. From a brief conversation with the consul on this subject, I am led to conclude that his action was based upon sections 220 and 221 of the Consular Regulations, and that he did no more than is therein required of an American consul Upon the sale in good faith, within his consulate, of ships to American citizens. Good faith in the transaction, however, is absolutely essential to entitle it to respect from the American authorities, and if it shall appear that the consul has been deceived by the owners in this regard, I apprehend that he will not be slow in canceling the papers by him executed.
However, assuming that the sales were made in good faith, the property interest thereby acquired must be regarded as other property belonging to citizens similarly situated is regarded, and is entitled to protection in the same degree and no other. If war should unfortunately occur between Chili and Peru, and the purchaser of these ships should continue his domicile in Chili, his property, like that of others so situated, would become a legitimate subject of seizure by Peru; and while the United States Government would, probably, in case of such seizure interfere to the extent of insisting that its foreign domiciled citizen should be fairly and legally dealt with, it would, I apprehend, with the accomplishment of this, regard its duty “to him as fully discharged. The government does not, in my judgment, expect its naval force to be used in protecting from legitimate seizure by belligerents, property so owned by its foreign-domiciled citizens.
I will cause you to be fully informed of the result of the consul’s inquiry.
I have, &c.,