No. 115.] Mr. Blaine to Mr. Abbott. DEPARTMENT OF STATE, Washington, October 10, 1890. SIR: I have to acknowledge the receipt of your No. 121 of August 22 last, in relation to the case of the estate of the late Alexander Henry. Your action in declining to transmit any papers in regard to it, upon the request of the ministry of foreign affairs, is approved. The request was apparently made with a view to affect the case of the estate of Mrs. Smith, which forms the subject of your No. 120. It is true that the facts of the two cases seem to be so different as to destroy any connection between them, but, as they have been blended in the recent report of the minister of foreign affairs to the Colombian Congress, it will be proper to take no action that may further prejudice the promised discussion of the case of the estate of the late Mrs. Smith, upon the stipulations of the treaty, as they have been interpreted in Department's No. 67 of the 29th of May last. I am, etc., JAMES G. BLAINE. Mr. Adee to Mr. Abbott. No. 120.] DEPARTMENT OF STATE, SIR: You are aware that at the time you entered upon your mission there was pending between the Government of the United States and the Government of Colombia a negotiation for the settlement by arbitration of certain claims of citizens of the United States upon the Government of Colombia. You will find in the archives of your legation ample information as to the character of these claims and the progress of these negotiations. On July 31, 1889, you wrote this Department that you had been strongly impressed with the conviction that the Government of Colombia was very much disinclined to settle these claims by arbitration and was disposed to insist that they should be settled by regular proceedings in the native courts of Colombia. Your dispatch was acknowledged, but no special instructions were sent you, for the following reason: The states of South and Central America had accepted the invitation of the United States of America to meet in friendly conference in October of the same year, and among the subjects to be submitted to their joint deliberation was the project of a general system of arbitration, by which all questions of difference between them might be both promptly and amicably settled. This Government thought it not injudicious to suspend its discussion of these specia! claims, in the hope that the adop tion of some such general system of arbitration would facilitate their final settlement. As you are also aware, such system was recommended by the conference, and after the adjournment of that body a treaty of arbitration between themselves was signed by the following nations: Honduras, Bolivia, Ecuador, Guatemala, Haiti, Nicaragua, Salvador, United States of Brazil, United States of Venezuela, and the United States of America. It has been a matter of regret to the United States that, notwith standing the very able and efficient service of the delegates from Colombia in the debates of the conference, the Government of Colombia has not as yet become a party to that treaty by its signature. Of course, this Government has neither the disposition nor the right to press upon the consideration of Colombia action of the wisdom and propriety of which that Government is the sole judge. But, while waiting with hopeful anticipation a final agreement upon so important a subject, the Government of the United States finds itself forced to recall to the attention of the Government of Colombia the necessity of an early settlement of these claims, the consideration of which by the Colombian Government has not been as prompt or as satisfactory as the United States had a right to expect. The discussion, although full and friendly, has been postponed and delayed by the necessity of constant references back to their Government by the Colombian ministers, and, if we can not confidently anticipate the consent of the Colombian Government to the system of general arbitration, the United States will be constrained to urge upon the Colombian Government the settlement of these claims. The questions involved are grave and the interests at stake large, and it is very desirable that, guiding yourself by these instructions, you should learn from the Government of Colombia whether it is prepared to give its minister full and sufficient authority to take up their discussion with the Department with a view to their early and final settlement. I am, etc., ALVEY A. ADEE, Acting Secretary. No. 145.] Mr. Abbott to Mr. Blaine. [Extract.] LEGATION OF THE UNITED STATES, Bgota, October 24, 1890. (Received November 22.) SIR: In continuation of the question of the interpretation of section 10 of article III of the consular convention of 1850, which was the subject of my No. 120 of August 22 last, I herewith inclose a copy and transiation of the minister's reply to my note of August 22, which was forwarded to you as inclosure No. 5 in said dispatch. In the Diario Oficial of August 24, which was distributed about September 1, appeared a "resolution" signed by the foreign minister in reply to an inquiry of the governor of Panama in relation to the "Smith case." Reciting the arguments employed in inclosures No. 1 and No. 2 of my said No. 120, the "resolution" informs the governor that the proceedings of the judge of Colon have been in accordance with Colombian law, with the treaty with the United States, and with the principles of the law of nations. This conclusion is not so remarkable as the fact that the "resolution" was dated on the 19th of May and only published on the 24th of August. About September 1 I received notice from the consul-general at Panama that the judge had "decided against us in the matter of Mrs. Smith's estate," and that the case had been referred to the superior tribunal at Panama. The consul-general furthermore asked if he“ should or should not pay any attention to this case in court any further." On September 5 I wrote to the consul-general that I thought he "must continue to answer all lawful summonses of the Colombian courts, depending for final success upon diplomatic action here," and advising him to "keep a strict account of all your (his) expenses and losses." All these proceedings on the part of this Government seemed to me contrary to the understanding I had reached with the minister, as I explained in my No. 120 aforesaid. Still, the minister had always been so absolutely straightforward, even in the most trivial matter, that I felt it his due to seek an explanation; and in the first week in September I called upon him for that purpose. He said that he fully understood that the houses in question were not to be sold until after we had reached a decision here, but that he could not "order" an absolute suspension of court proceedings, on account of the entire independence of the judiciary in respect of the executive department. He said that he was assured that no definitive action would be taken by the courts of the Isthmus until the result of the discussion here was reached, and that nothing had occurred that would prevent him from considering the question fairly and impartially. He furthermore said that he would write to the authorities of the Isthmus, asking that no decisive steps be taken in the "Smith case" until the result of our conferences should be ascertained. The minister and myself have had several short informal conversations in regard to the subject under discussion, which have been unimportant, except as they indicate a desire on his part to consider the same in a conciliatory and friendly spirit. His constant duties in Congress and the general press of business have made it practically impos sible for me to engage his serious attention. I have therefore not pressed the matter as diligently as I otherwise should have done, believing that it will be better to enter upon the serious discussion when the minister is not so preoccupied as he is at present. I had hoped to report more progress in this matter before now, but believe that undue pressure just at this juncture would do no good. I trust that the Department will not think me negligent on account of the delay, which will be continued no longer than is deemed necessary. I am, etc., [Inclosure in No. 145.-Translation.] Mr. Roldán to Mr. Abbott. JOHN T. ABBOTT. REPUBLIC OF COLOMBIA, MINISTRY OF FOREIGN AFFAIRS, Bogotá, August 25, 1890. Mr. MINISTER: I have the honor to refer to the very polite note of the 22d instant, in which Your Excellency has been good enough to return to this department the letters rogatory of the judge of the circuit court of Tequendama to the judge of the court of the county of Ohio in the United States, relative to the estate of Alexander Henry, because for certain reasons you are unable to transmit the documents to their destination. I improve, etc., ANTONIO ROLDÁN. CORRESPONDENCE WITH THE LEGATION OF COLOMBIA AT WASHINGTON. Mr. Blaine to Mr. Hurtado. DEPARTMENT OF STATE, Washington, January 31, 1890. SIR: I have the honor to recall to your attention the claim against the Government of Colombia growing out of the suspension in 1886 of the Panama Star and Herald, a newspaper published in Colombia by an American corporation. The facts in the case may briefly be summarized as follows: The Star and Herald and La Estrella de Panama Company, limited, was incorporated on or about the 17th of December, 1883, under the laws of the State of New York. The company was organized by citizens of the United States, employs American capital, and has its principal office in the city of New York. On March 25, 1886, Gen. Santo Domingo Vila, then civil and military governor of the national department of Panama, addressed to the editor of the Star and Herald a personal note, inclosing copies of certain telegrams and suggesting their publication, if the editor should deem it expedient, the language employed being "si lo tiene á bien y lo considera conducente." As the telegrams gravely reflected upon General Montoya, a brother officer of Gen. Santo Domingo Vila, the editor of the Star and Herald very properly, desiring to hold aloof from the political controversies prevailing in Colombia, as well as to avoid a suit for libel, did not make the suggested publication. Moreover, in adopting this course, he was acting in accordance with the warning given him by the President of Colombia in the preceding year, when a circular order was issued for the suspension of all newspaper offices throughout the Republic until after the meeting of a convention then about to be called for the revision of the national constitution. The President of the Republic subsequently excepted the Star and Herald from the operation of the order, but in so doing cautioned the editor to observe "strict circumspection as to political subjects." No complaint has been made that the editor of the Star and Herald disregarded this injunction. Gen. Santo Domingo Vila invited him to violate it, and, besides, to expose himself to prosecutions. The editor, adhering to the wise and proper course which he had theretofore been pursuing, and also acting upon the discretion expressly left him, did not publish the telegrams. As above stated, the note of Gen. Santo Domingo Vila, inclosing the telegrams, bore date of March 25, 1886. On the following day, the 26th of March, he, as the civil and military governor of the national department of Panama, issued an order summarily suspending the publication of the Star and Herald and announcing as the reasons for his action that the editor of the paper had refused to publish documents of importance relating to the policy of reform in the administration of the department, "without even having the courtesy to answer the polite private note (esquela) which accompanied them." The suspension of the paper was continued until May 24, 1886, when the President and secretary of interior of the Republic commanded Gen. Santo Domingo Vila to reëstablish it, or, in default thereof, to surrender his office into the hands of General Rengifo. Ou the day following Gen. Santo Domingo Vila replied that the term of suspension had expired and at the same time tendered his resignation as civil and military governor, which was accepted. During the suspension of the paper protests were made on the part of this Government against the action of Gen. Santo Domingo Vila, but, although that action was manifestly arbitrary and wrongful and has never been defended, the suspension was permitted to continue for 2 months. It was attended with serious detriment, not only to the rights of the company under the treaty as an American corporation, but also to its pecuniary interests. Had the acts complained of been committed in time of war, that fact might have been referred to as in some measure a palliation of them, though not as a justification; but they were perpetrated in time of peace, when the civil laws were in full force, by the officer whose duty it was to see that those laws were maintained. It is now nearly 4 years since the Star and Herald was suspended, but the company has been afforded no redress at the hands of the Colombian Government for the grave wrong inflicted. Such redress, it is thought, should now be tendered. I am, etc., JAMES G. BLAINE. Mr. Blaine to Mr. Hurtado. DEPARTMENT OF STATE, SIR: I have the honor to recall to your attention my note of January 31 last, relating to the claim of the Panama Star and Herald against the Government of Colombia. This Government earnestly desires to reach a settlement of the case, and hopes it may soon receive a proposition which will lead to its adjustment. Accept, etc., JAMES G. BLAINE. Mr. Hurtado to Mr. Blaine. LEGATION OF COLOMBIA, Washington, May 9, 1890. (Received May 12.) SIR: On my return to Washington, after an absence of several days, I have had the honor to receive your esteemed note of the 7th instant, in which you call my attention to your communication of the 31st of January last past, hitherto not acknowledged, for which omission I beg to present my excuses and crave your indulgence. Your said communication refers to the claim preferred against the Government of Colombia for the act of Gen. Santo Domingo Vila, at the time civil and military governor of the department of Panama, when in the year 1886 he gave an order prohibiting the publication of the Star and Herald newspaper for a period of 60 days. From my last interviews with your predecessor on the subject of this complaint, I had gathered the inference that this question would not be supported by the Department of State as a claim against the Government of Colombia, at least while it remained in its present aspect and condition, that is to say, not before the courts of Colombia declared the act of Gen. Santo Domingo Vila to have been within the scope of his legal authority, and I communicated this impression to my Government. FR 90-18 |