No. 675.
Mr. Russell to Mr. Fish.
Caracas, March 6, 1875. (Received March 22.)
Sir: I have the honor to report that the British minister, Mr. Middleton, has requested me to join him and one or more of his colleagues in remonstrating against the Venezuelan law which requires masters of foreign vessels to deposit their papers in the custom-house while in the ports of Venezuela.
I declined, for the following reasons: 1. I have no right to comply with his request without instructions to do so. 2. The question is one of internal and municipal law, to be settled by each country for itself. 3. No practical inconvenience has arisen from the law, and no complaint has ever been made to me by any United States citizen of its working.
Courtesy to my colleagues, however, seems to require me to state the facts, and to ask whether the Department desires to give me instructions. The law requires that the vessel’s “roll or register be deposited in the custom-house. (Codiyo de Hacienda, 2d ed., ch. 2, art. 41, clause 6, p. 38.) Our law requires the register to be deposited with the United States consul. (Act of February 28, 1803, sect. 2, vol. 2, page 651, United States Statutes.) The United States law now corresponds with that of most maritime nations. The United States law, act of March 3, 1817, vol. 3, p, 362, provides for the deposit of foreign vessels’ papers with foreign consuls in the United States, except when the foreign nation does not give the same privilege.
In former times United States consuls have asked instructions on this subject, and captains have feared that they might incur a penalty by failing to comply with the United States law. Of course such fears were groundless j up to this time no practical trouble has ever arisen [Page 1366] under this law, nor is any likely to arise, for there are other means to enforce the obligations of ship-masters besides the consuls power to withhold papers.
Awaiting instructions, I am, &c.