No. 347.
Mr. Rives
to Mr. McGarr.
Department
of State,
Washington, October 24,
1888.
No. 60.]
Sir: I inclose herewith an instruction addressed to
Mr. J. G. Walker, now at Quito on a special mission to the Government of
Ecuador.
The instruction relates to the law recently passed by the Ecuadorian Congress
for the purpose of exempting the Government of the country from diplomatic
claims growing out of the acts and omissions of its authorities. If, at the
time of the reception by you of this document, Mr. Walker is still at Quito,
you will at once forward it to him, retaining a copy for your files.
If not, you are instructed to retain the original and to execute its
directions by writing to the Ecuadorian minister for foreign affairs the
following note:
I am instructed by my Government to inform you that it has had
brought to its attention a law recently passed by the Ecuadorian
Congress in relation to the responsibility of the Government of
Ecuador for losses and injuries suffered by foreigners in this
country by reason of the acts and omissions of its authorities. In
this law it is declared that Ecuador is not responsible for losses
and damages caused by the enemy, either in a civil or international
war, or by mobs, riots, or mutinies; or for losses and damage caused
by the Government in its military operations, or in the measures it
may adopt for the restoration of public order; that the country is
not liable for losses or damages consequent upon measures adopted by
the Government towards natives or foreigners, involving their
arrest, banishment, imprisonment, etc., whenever the
[Page 491]
exigencies of public order or a
compliance with treaties with neighboring nations may require such
action.
My Government regards these provisions as generally and substantially
subversive of the principles of international law by which, and not
by domestic legislation, the ultimate liability of Governments to
one another must be determined. Should any case calling for such
action hereafter unhappily arise, my Government could not admit that
its diplomatic intervention could be forestalled by an internal
legislative limitation of liability imposed by the Ecuadorian
Congress.
Entertaining a friendly interest in the prosperity and development of
the Ecuadorian Republic, my Government can not but hope that that of
Ecuador will perceive the impolicy of legislation in regard to
international matters which is not compatible with cordial relations
with foreign states, and which can not fail to be injurious to
Ecuador’s commercial interests.
I am, sir,
[Inclosure 1 in No. 60.]
Mr. Walker to Mr.
Bayard.
Special
Mission to Ecuador,
Quito, September 19,
1888. (Received October 15.)
No. 11.]
Sir: Although the subject of this communication
is not entirely pertinent to the objects of my special mission, I think
it proper to forward you a translation of the law recently adopted by
the Ecuadorian Congress, as the execution of it in the future may give
rise to other complications between our two Governments such as I am now
engaged in settling.
This law was passed by the Congress just before the inauguration of
President Flores, and upon his assuming power he sent a special message
to the two houses advising its repeal, but they refused, and it is now
the law.
The foreign diplomatic corps here protested against the act as contrary
to the law of nations, and I was asked to join them, but I declined on
the ground that my mission here was confined to a specific subject. In
my conversations, however, with President Flores and other members of
the Government, I have dwelt upon the danger to Ecuador, so far as
foreigners are concerned, the execution of such a law would entail.
The refusal of Congress to follow his recommendation in this case and its
rejection of his projet for the abolition of
church tithes so disheartened President Flores that he sent in his
resignation, which, however, it unanimously refused to accept.
I am, etc.,
[Inclosure 2 in No.
60.—Translation.]
The Ecuadorian Congress decrees as follows:
- Art. I The nation is not responsible
for losses and damages caused by the enemy, either in a civil or
international war, or by mobs, riots, or mutinies; or for those
which may be caused by the Government in its military
operations, or in the measures it may adopt for the restoration
of public order. Neither natives nor foreigners shall have any
right of indemnity in such cases.
- Art. II. Neither is the nation
responsible for losses or damages consequent upon measures
adopted by the Government toward natives or foreigners involving
their arrest, banishment, imprisonment, internation or extradition, whenever the exigencies of
public order or a compliance with treaties with neighboring
nations require such action.
- Art. III. The payment of indemnities
not excluded by the foregoing articles can not be made except in
conformity with the law of public credit, and after a previous
judgment by a competent judicial officer.
- Art. IV. Neither foreigner nor
native shall have the right of presenting claims to the
legislature which were previously rejected by a former
congress.
- Art. V. Foreigners who may have
filled positions or commissions which subjected them to the laws
and authorities of Ecuador can make no reclamation for payment
or indemnity through a diplomatic channel.
- Art. VI. All laws contrary to the
provisions of this act are hereby repealed.
[Page 492]
[Inclosure 3 in No. 60.]
Mr. Rives to Mr.
Walker.
Department of State,
Washington, October 23,
1888.
No. 6.]
Sir: I have to acknowledge the receipt of your
dispatch, No. 11, of the 19th ultimo, in which you inclose a translation
of a law, lately passed by the Ecuadorian Congress, to exempt the
country from any liability to foreigners tor losses therein suffered in
peace or in war at the hands of the Government or its enemies.
You state that the foreign diplomatic corps at Quito protested against
the law, and that President Flores sent a special message to the two
houses recommending its repeal. This they refused to do; and it appears
that the President, discouraged by this refusal and the rejection by the
Congress of his projet for the abolition of
church tithes, sent in his resignation, which, however, the Congress
declined to accept.
The extraordinary law referred to declares that Ecuador is not
responsible for losses and damages caused by the enemy, either in a
civil or international war, or by mobs, riots, or mutinies; or for
losses and damages caused by the Government in its military operations
or in the measures it may adopt for the restoration of public order;
that the country is not liable for losses or damages consequent upon
measures adopted by the Government toward natives or foreigners,
involving their arrest, banishment, imprisonment, etc., whenever the
exigencies of public order or a compliance with treaties with
neighboring nations may require such action.
It is unnecessary to quote further provisions of the statute to show that
it is subversive of all the principles of international law. This is so
plain that it does not require or admit of argument. By such a
declaration of rules for the guidance of her conduct in international
relations, Ecuador places herself outside of the pale of international
intercourse. It can not be supposed that she will persevere in such a
course, which would be destructive of her commerce and render amicable
relations with her impossible.
You are therefore instructed to say to the Ecuadorian Government that the
provisions of the law in question have been read by this Department with
regret, and that the United States could never acquiesce in any attempt
on the part of that Government to use such a statute as an answer to a
claim which this Government had presented.
I am, etc.,
G. L. Rives,
Acting
Secretary.
