No. 64.
Mr. Adams to Mr. Evarts .

No. 61.]

Sir: I have the honor to transmit herewith the correspondence which has taken place between some Spanish subjects residing in La Paz and myself, upon the question of a war-tax levied upon the people of Bolivia by the late Congress and now about to be enforced.

You will perceive that I have refused to accommodate these gentlemen, for aside from the consideration that the request for my official interference should have come from the Spanish Government directly, or its minister at Lima, I consider the tax referred to not one of an extraordinary character as implied by the treaty mentioned in the petition, as it was decreed by a Congress and imposed upon all inhabitants of the republic in proportion to their property.

A question of this kind upon application of American citizens residing in Mexico was at the time decided by the then minister, Mr. Corwin, in the same spirit, and his action was approved by the Department, so that although my reply to this—a test petition, which was to have been followed by others—has obviated all further resistance on the part of other foreigners. I feel that in advising Americans, even, to pay, I have acted properly and in accordance with international comity.

I have, &c.,

CHARLES ADAMS.
[Inclosure 1 in No. 61.—Translation.]

To his Excellency General Charles Adams,
Minister Resident of the United States of America, present:

Mr. Minister: We, the undersigned, Spanish subjects resident in this city, see ourselves obliged to trouble your excellency and to request your assistance towards a petition, which we are compelled to direct to the supreme government of this republic, which petition, praying for an exemption from the extraordinary contribution now actually demanded from Bolivian citizens, is attached to this note.

We request your protection, most excellent sir, on account of the known absence of a diplomatic representative of His Majesty the King of Spain to a simple consular agent in all the territory of the republic, in which case the international practice of civilized nations authorizes us to have recourse to the representative of a nation friendly to our own, who cannot refuse to assist us if he is convinced of the justice of the reclamation.

In the present case your excellency will perceive that our request cannot be more just, and the minister of the United States, a nation so friendly to Spain, cannot do less than accede to our demand.

Your excellency will, therefore, be kind enough to present our petition to the supreme government near which you are worthily accredited, and to duly favor the same, being assured that by so doing you will not only earn our gratitude, but also, as may be imagined, that of the Government of His Catholic Majesty.

With this motive we have the high honor to subscribe ourselves your excellency’s obedient and respectful servants,

  • MIGUEL SARAIZABEL.
  • JAIME DAVIN.
  • EDUARDO Q. MALDONALDO.
  • ANJEL BAJINETA.
  • CELSO COMELLAS.
  • DOMINGO DE ITURDE.
  • JUAN FORRENS.
  • JUAN RUDON.
  • LIZANDRO RUDON.
  • MIGUEL SOL.
  • JUAN CORES.
  • JOSÉ HERRERA.
[Page 87]
[Inclosure 2 in No. 61.—Translation.]

Mr. President of the Republic: Asking a declaration of exemption of what they mention, founded on the international laws they quote:

The undersigned, Spanish subjects resident in this city, through the organ of the minister for foreign affairs, and by the mediation of the minister resident of the United States of America, not having a diplomatic or consular agent of their own nation, most respectfully submit to your consideration:

That the supreme Government of Bolivia, making use of its legitimate authority, has ordered the carrying out of a law of the late national convention, by which an extraordinary forced war contribution was ordered to be levied, assessed equitably and proportionately.

That for this purpose and in this department of La Paz, in which we are residents, a commission of most honorable and competent persons has been appointed to assign to each citizen the quota he has to pay according to the judgment of said commission.

That in the distribution of the said forced war contribution and its assessment, not only the inhabitants of this city, without distinction or exemption whatever, have been included, but also the foreigners; as the said honorable commission has not weighed the powerful and imprescriptible exemptions established as a general rule in favor of foreigners by international law, and fixed especially in our behalf by solemn international treaties in full force to-day between Bolivia and Spain.

On this account we are obliged to address ourselves to the justification of the government of the republic, asking a declaration of exemption from all extraordinary war loans or taxes, on account of our being Spanish subjects, protected not only by international law, but by the formal engagements of this nation towards ours.

The legal reasons on which we base our claim are obvious, and fearing to offend the recognized knowledge and integrity of the government of the republic, we will briefly and summarily mention just only in order to bring them to mind.

By the treaty made between this republic and His Majesty the King of Spain, at Paris, on the 29th of August, 1879, ratified and exchanged in the same city on January 19, 1880, and promulgated as a law of the republic in this city of La Paz on the 30th of August last (third article), are re-established in full force the stipulations of the treaty made between the said nations on February 12, 1861. The eleventh article of said treaty says literally: “Neither Bolivians in Spain, nor Spaniards in Bolivia, are obliged to serve in the army, navy, or militia, and they are exempt from all extraordinary impost tax or loan, and in the ordinary taxes which they pay on account of their industry, commerce, or landed property, they must be treated just as the citizens or subjects of the most favored nation.” One cannot find a more clear, peremptory, and reciprocal exemption in favor of the citizens of both states, living in each other’s territory, and which involves their exemption from all forced or extraordinary taxes (of war) in strict compliance with the doctrines of international law.

And even if this positive law referred to did not exist—a law that, like all international treaty law, is supreme and modifies even the constitution of the state—it is enough to legitimate our claim by stating that the practical jurisprudence of all civilized nations and the doctrine established by all the authorities on the subject are all in our favor.

There is no need to quote Vattel, Pradier, Forderé, Fioré, Jenner, Block, Bello, and so many other eminent writers, who unanimously sustain this doctrine; but we will refer to all the treaties of amity and commerce in force to-day between different nations, all of which establish the doctrines of exemption with rigorous uniformity.

To insist on this would be tiresome and superfluous. We are sure that the government has had no doubt about it, and that, taking duly into account our petition, the government will modify the proceedings of the assessing commission, and that it will proclaim a doctrine which is a law of the nation and attested by a sacred agreement, by declaring that the subjects of His Majesty the King of Spain are not obliged to pay now, and are not subject to any other tax of the kind, either of blood, money, or otherwise.

We expect our petition will be duly and justly appreciated, and granted as it is founded on justice.


  • MIGUEL SARAIZABEL.
  • JAIME DAVIN.
  • EDUARDO Q. MALDONALDO.
  • CELSO COMELLAS.
  • ANJEL BAJINETA.
  • DOMINGO DE ITURBE.
  • JUAN FORRENS.
  • JUAN RUDON.
  • LIZANDRO RUDON.
  • MIGUEL SOL.
  • JOSÉ HERRERA.
  • JUAN CORES.
[Page 88]
[Inclosure 3 in No. 61.]

Mr. Adams to Mr. Saraizabel et al.

Messrs. Saraizabel, Davin, Maldonaldo, and others, subjects of Spain in La Paz, Bolivia:

Gentlemen: I have the honor to acknowledge the receipt of your communication of the 11th instant, in which you ask me to transmit to the Government of Boliva, in an official manner, a document signed by the Spanish subjects of La Paz, praying for an exemption from the forced loan lately decreed, and in which you ask my help and protection, basing your request upon the fact that Spain has no representative of its own near the Government of Bolivia, and that you feel yourselves authorized by common international usage to call upon me as the representative of a friendly nation.

In reply to your polite and dignified letter, I am sorry to be obliged to inform you that I cannot comply with your request, inasmuch, by the established usage of nations, and in compliance with the rules made for the ministers of the United States by its government, it is required that the request for diplomatic protection of subjects of another country by any minister of the United States should come from the government of such country, and should he acknowledged by the government where both reside.

In cases where the life, liberty, or property of a foreign subject or citizen, not represented, has been in danger either from local persecution or foreign invasion, it has been customary for such foreigner to claim the help and protection of the representative of a friendly nation, and, without a previous request from his own government and the usual formalties, it has been accorded freely and fully, especially by ministers of the United States, at different times and occasions; but this case, involving as it does no act of persecution or injustice even, but simply the rights and duties of foreigners under established treaty stipulations, into a discussion of which I am not prepared to enter, offers no reason for my official interference, especially as I cannot deny that a sovereign nation has the right, even in time of war, to levy extraordinary taxes, not upon the person, but the property and business of its inhabitants, and as long as no distinction is made in the assessment of this tax—called strangely, for what reason I know not, a forced loan (emprestito forzoso), although legally authorized by a constitutional Congress of the republic—I do not feel warranted in throwing obstacles in the way of the government, and did and shall advise my own countrymen to pay the said tax.

I have the honor, in returning to you, gentlemen, the document referred to, to assure you of my highest respect and consideration, and to subscribe myself,

Your very obedient servant,

CHARLES ADAMS.