Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 8, 1885

No. 222.

Mr. Becerra to Mr. Bayard.

[Translation.]

Legation of Colombia at Washington,
Washington, December 3, 1885. (Received December 4.)

Sir: I have the honor to inform you that the Colombian Government by a decree issued ad hoc has declared that only the importers who freely and voluntarily paid the imposts levied on their imports to the rebels who succeeded in getting possession of some of the said ports of entry, are obliged to make the payment over again, together with a penalty; bona fide importers, who were compelled to pay under duress, are in consequence free from all responsibility.

At the same time, I have the honor to inclose a true copy of the new provisions issued by my Government concerning foreigners resident in the country who have claims arising out of the latest events of the war.

I am, &c.,

RICARDO BECERRA.

[Inclosure.—Translation.]

Decree No. 549.

August 19, 1885.

The President of the United States of Colombia:

Whereas (1) the management of foreign affairs belongs exclusively to the General Government, and the latter is responsible for the observance of the public treaties made with other nations, and of the principles of the law of nations; (2) and whereas the present rebellion has been directed to the subversion of the established order throughput the whole nation, and whereas, likewise, the international liability of the Republic being in question, the laws of the latter are those which are to be applied in a civil or a criminal case, decree:

Article 1. Prosecution for the crime of rebellion or for any others against the public order, committed by foreigners resident in the territory of the Union, are within the jurisdiction of the General Government.

Consequently the national judges of the States and territories shall have cognizance in the first instance, of the cases mentioned, and the federal supreme court on appeal.

Art. 2. Claims against the Republic growing out of subsidies, forced loans, expropriations, or losses caused in the rebellion, presented by foreigners, who have not lost their neutrality, shall be decided by international mixed commissions, framed in accordance with the agreements of special treaties, which may be made with the various embassies.

Sec.—. In case one or more of the countries interested should be unwilling to make the treaties necessary to the purpose indicated in this article, the respective claims thereof shall be heard and decided by the judiciary of the Union in the ordinary way.

Art. 3. To provide for the amount of the indemnities which the Republic may be condemned to pay by the international mixed commissions mentioned in the preceding article, 6 per cent, of the imposts levied at the custom-houses of the Atlantic and Cuanto are set apart. With this view bonds issued to foreigners receivable in payment of dues to the amount of the said 6 per cent, shall be issued bearing 6 per cent, annual interest.

Publication ordered.

Given at Bogota, August 19, 1885.

RAFAEL NUÑEZ,
President.

By the secretary of state,

ARISTIDES CALDERON

.

A copy.

AGUSTIN A. JIMENEZ,
Secretary of Legation.