No. 137.
Mr. Dichman to Mr. Evarts.
Legation of
the United States,
Bogota, July 2, 1879.
(Received August 7, 1879.)
No. 104.]
Sir: During the last two weeks of the extra session
of Congress, which body adjourned sine die on last
Monday, the 30th of June, a law was enacted on the subject of the custody of
the registers of foreign vessels in the ports of Colombia, a copy and
translation of which are inclosed, and which I trust will be found a
satisfactory general disposition of this long pending question.
In the examination of this, law, which is known as the law 40, of 1879,
reforming the law 60, of 1875, I beg to invite reference to my dispatches
No. 34, of January 15, 1879, and No. 62, of March 31, 1879, with incisures,
as well as sections 4209, 4210, 4211, and 4309 Revised Statutes of
[Page 290]
the United States, and paragraphs
118 to 124, and forms 13 and 14 United States Consular Regulations.
It will be seen that the new Colombian law is substantially a translation of
the law of the United States on the same subject.
The first article provides that the captain of a foreign merchant-vessel
shall exhibit the papers of his ship to the collector of customs or
inspector of the port, and deposit them immediately with the consul of his
nation.
A question having been raised as to the meaning of the word “present,” used
in the first article of the protocol, forwarded with my No. 34, it was
determined to remove all doubt by using the word “exhibit” in the draft of
the law.
I deem it but just to state in this connection that the president and the
secretary of foreign relations lost no opportunity in prevailing on Congress
to take the proper steps in this matter.
I am, &c.,
[Inclosure 1 in No.
104.—Translation.]
Law 40 of 1879 (June 24), which reforms the
law 60 of 1875.
The Congress of the United States of Colombia, decrees:
- Article 1. The merchant vessels
which may enter the ports of the republic shall exhibit to the
“administrador” or inspector of the port, the register and other
sea documents. Said documents shall be deposited immediately
with the consular officer of the nation to which such vessel
belongs, who shall be obliged to deliver to the “administrador”
or inspector a certificate of the deposit of said
documents.
- The captain of a vessel who shall not comply with this
provision shall be subject to a fine of from $500 to $1,000,
within the judgment of the collector of customs or the inspector
of the port respectively.
- Art. 2. Upon receiving the register
and other sea documents belonging to a vessel of their nation
which may have entered the port, the foreign consular officers
in the ports of the republic shall execute a certificate setting
forth the fact, which shall be delivered to the collector of
customs or the inspector of the port.
- Art. 3. Said consular officers shall
not return the register and other documents to the captain who
may have deposited them in their hands until the clearance be
presented to them executed by the proper authority.
- Paragraph. It shall be a cause for cancelling the exequatur,
or for the withdrawal of the permission executed to the consuls,
vice-consuls, or consular agents respectively, the fact of their
returning the register and other documents which may have been
deposited with them, before there may have been presented to
them the necessary clearance executed by the proper federal
officer.
- Art. 4. The fines and penalties
referred to in this law maybe lowered, and even remitted by the
executive power, when, in his judgment, there be presented
satisfactory proof to relieve the persons upon whom they may
have been imposed of all responsibility.
Given in Bogota
the twenty-third of
June, 1879.
Signed by the president and secretaries of the two houses of
Congress.
Let it be published and executed.
The President of the Union:
JULIAN
TRUJILLO.
The secretary of the interior and foreign
relations:
Luis Carlos
Rico.
