No. 201.
Mr. Dichman to Mr. Evarts.
Legation of
the United States,
Bogotá, November 9, 1879.
(Received January 12.)
No. 156.]
Sir: For the purpose of bringing article 3 of the
protocol, relating to the right of transport claimed by the Government of
the United States across the Isthmus of Panama (a copy of which was
forwarded in my No. 58 of March 17, 1879), within the views on this subject
expressed in the last part of Department’s instruction No. 41 of May 12,
1879, I entered upon a negotiation with the Colombian secretary of foreign
relations suggesting such a modification of article 3 of the protocol above
mentioned as would remove the objectionable feature pointed out by the
Department.
After repeated conferences on this subject we agreed upon such a modification
of article 3 of the protocol executed on the 22d day of February, 1879, as
will leave any prisoner of the United States to be transported across the
Isthmus of Panama in the custody of a civil officer of the United States,
who will be accompanied by a civil officer of the United States of Colombia.
The duty of the latter officer will be, in the case of necessity, to provide
for the due detention and transport of such prisoner.
The agreement arrived at between the Colombian Government and myself was
embodied in a new protocol executed on the 23d day of October, 1879, (copy
of which, as well as of the preliminary correspondence to the same) is
respectfully inclosed.
I venture to express the hope that article 3 of the protocol of February 22,
1879, as modified by that of October 23, 1879, will be found to meet the
views of the Department.
I am, &c.,
[Page 320]
[Inclosure 1 in No. 156.]
Mr. Dichman to
Señor Rico.
Legation of the United States,
Bogotá, September 4,
1879.
Sir: Referring to the protocol executed on the
22d of February, 1879, between your honorable predecessor, Dr. Pablo
Arosemena, and myself, on the subject of the right of transport claimed
by the United States under the thirty-fifth article of the treaty of
1846, I take pleasure in informing you that the same is accepted by the
Government of the United States as a just recognition on the part of the
Colombian Government of its obligations under the said treaty, and as a
due consideration of the heavy contingent liability which the
obligations of the same treaty impose Upon the United States.
At the same time I beg to state that it is thought at Washington that the
third article of the protocol might perhaps have been scarcely
necessary, inasmuch as the custody of a prisoner, under the
circumstances to which the protocol applies, is almost always assured by
means of a civil officer, and I would therefore thank you to take the
said third article of the protocol and the correspondence between this
legation and your department relating to the same into consideration,
with the view of making such a change in the third article of the
protocol as would leave it optional with the officers of the United
States to require national or state troops as a guard.
I am, &c.,
protocol.
At a conference held at the department of the interior and of foreign
relations at Bogota’ on this, the 23d day of October, 1879, between the
secretary having charge of said department, Luis Carlos Rico, and the
Hon. Ernest Dichman, minister resident of the United States of America,
both having been clothed with ample powers by their respective
governments to examine the statements made by that of the United States
of America, and communicated to its legation at this capital, with
respect to the amendment of article 3 of the protocol, which was signed
on the 22d day of February of the present year, in reference to the
right of transit of the American Government via the Isthmus of Panama,
it was agreed to modify the said article 3 as follows:
Article 3.
The custody of prisoners whose transportation across the Isthmus of
Panama shall be requested by the Government of the United States of
America of that of the United States of Colombia shall be exercised by a
civil officer of the United States of America, accompanied by a
Colombian civil officer, who shall ask of the proper authorities, if
necessary, the assistance of the national or state forces, in order to
secure the due detention and transportation of the prisoner.
In testimony whereof they sign and seal two
copies of this protocol at Bogotá on the twenty-third day of
October, one thousand eight hundred and
seventy-nine.
[
seal.]
LUIS CÁRLOS
RICO.
[
seal.]
ERNEST
DICHMAN.
