No. 5.
Mr. Markbreit to Mr.
Fish
No. 126.]
Legation of the United States, Cochabamba, May
15, 1871. (Received July 3.)
Sir: Inclosed I have the honor to transmit a decree
(inclosure No. 1) issued by the provisional government of Bolivia, together
with a note (inclosure No. 2) from the secretary general, defining the
course which the Bolivian government intends to pursue in all cases of
claims presented by foreigners, and declaring in how far the government will
admit of diplomatic intervention on behalf of such claimants. I beg to call
your attention to article 4 of said decree. I also inclose a copy of my
reply (inclosure No. 3) to the secretary general’s note.
I am, &c.,
[Inclosure No. 1.—Translation.]
Augustin Morales, Provisional President of the Republic, invested by the
people with ample faculties, considering—
1. That the equality of all persons before the law is the basis of a
republic;
2. That the government cannot invade nor usurp the attributes of judicial
power, which has the mission to judge and decide upon all claims of a
private nature;
3. That various diplomatic agents have presented certain claims—which may
be just or unjust—directly to the government, in favor of their
subjects, thereby involving diplomatic discussion, without having
previously invoked, on the part of those interested, the intercession of
the courts and tribunals charged with the administration or justice for
all citizens;
4. That such proceedings are contrary to the rules of international
law;
5. That it is necessary to determine a general rule, in order that all
claims of foreign subjects may be adjudicated in accordance with the
laws of Bolivia and the usage of international law:
It is therefore decreed:
Article I. The government of Bolivia will not
admit diplomatic reclamations, nor the interposition nor good offices
(personeria) of the public agents of other nations, in questions of
private interests, unless such questions have been previously submitted
for adjudication to the courts and tribunals of the republic.
Article II. Only in cases of refusal or delay
of justice will the government admit the intervention of foreign public
agents.
Article III. The government will not admit
reclamations in questions which have already been disposed of in
accordance with the laws of the country, nor in cases which have been
finally adjudicated, in accordance with such laws, by the tribunals.
Article IV. The government,
however, will accept direct reclamations in cases permitted by
international law.
The secretary general is charged with the publication of this decree, and
will communicate the same to all concerned.
Done at the city of
Cochabamba, this 8th day of May, 1871.
(Signed) AUGUSTIN MORALES.
(Countersigned)
The Secretary General, PEDRO
GARCIA
[Page 40]
[Inclosure No. 2.—Translation.]
Secretariate General, Section for
Foreign Affairs,
Cochabamba,
May 9, 1871.
Sir: The secretary general of state, in charge
of the department for foreign affairs, has the honor to transmit
herewith to the honorable Colonel L. Markbreit a decree issued by this
government, declaring the conduct which it intends to observe in respect
to demands and claims presented by foreign subjects against the state,
cases of intervention in the same by diplomatic agents, and the right of
the government to accept such intervention in cases permitted by
international law, or not to admit the same in cases where the subject
of controversy appertains exclusively to the courts and tribunals of the
republic.
Colonel Markbreit, in his high illustration, (alta ilustracida,) will
comprehend that the declaration contained in the aforementioned decree
is simply a line of conduct which the government has imposed itself, as
all are equal before the law, and because the executive of the country
cannot arrogate unto himself a knowledge of questions belonging
exclusively to the judicial power, which has the mission to administer
impartial justice without distinguishing nationalities nor the quality
of individuals.
Moreover, the honorable Colonel L. Markbreit knows that it is a universal
principle of international law that the demands and controversies of
foreign subjects cannot be subjected to a better or worse condition than
those of native subjects or citizens, (nacionales,) and that,
consequently, if they are, or believe themselves, damaged in their
interests, they have the means at their disposal of invoking the laws of
the country and solicit their enforcement.
This is in accordance with the demands of universal justice, of
civilization, and of public law.
In noting the contents of the declaration alluded to, the honorable
Colonel Markbreit will please judge, from its true standpoint, the
frank, friendly, and circumspect conduct which the government of Bolivia
proposes to follow in all questions of a private nature, in order to
prevent and avoid any difficulties that might arise in his diplomatic
relations, which so happily are being cultivated, (que tan felizmente se
cultivan,) and which it is vehemently desired to draw closer and closer
with the (excelentisimo) Government of the United States of North
America, so worthily represented by the honorable Colonel L.
Markbreit.
The undersigned avails himself of this opportunity to assure the
honorable Colonel Markbreit of the high esteem and respect with which he
has the honor to subscribe himself his attentive and sincere
servant,
Hon. Colonel L. Markbreit, Minister Resident of the United States of North America, in
Bolivia.
[Inclosure No. 3.]
Legation of the United States,
Cochabamba, May 12, 1871.
Sir: The undersigned, minister resident of the
United States, in acknowledging the receipt of your excellency’s
esteemed note of the 9th instant, and the decree therein transmitted, in
which the government of Bolivia defines the conduct which it intends to
observe in reference to all demands and claims from foreign subjects
against the state, has the honor to say, in reply, that he will take
pleasure in communicating the same to his Government.
The undersigned is exceedingly gratified at the sentiments expressed in
your excellency’s communication relative to the laudable desire
entertained by the government of Bolivia, to draw closer and closer the
friendly relations which happily subsist between the two republics, and
begs to assure your excellency that nothing shall be wanting on Ms part
to contribute toward that end.
The undersigned avails himself of this occasion to offer to your
excellency the assurances of his most profound and distinguished
consideration with which he has the honor to remain,
Your excellency’s obedient servant,
His Excellency Doctor Don Pedro Garcia, Secretary General of Bolivia, &., &c., &c
