Mr. Abbott to Mr.
Blaine.
[Extract.]
Legation of
the United States,
Bogota, February 1, 1890.
(Received February 25.)
No. 65.]
Sir: The situation in respect to the difficulties
on the San Blas coast remains the same as noted in my No. 57 of the 20th
ultimo, except that notice has arrived of the seizure of a Colombian
schooner engaged in illicit trade. No other official information has been
received, and it is not known, except from the New York papers of December
24 and 26, what has been done with the Julian and Willie, nor, indeed, whether they have been seized or
not.
A copy of the New York Herald of December 31 has also been received, with an
account of the warlike demonstration of the schooner Geo.
W. Whitford.
The owner is represented as saying that the captain has been instructed to
comply with all the customary rules and regulations of the country and to
take out his trading license at the port of Colon, etc.
As I wrote before, I have been able to find no trace of any law authorizing
the issue of any such license. The granting of such documents is without
legal warrant and contrary to the spirit and reason of the law. If they
could be given, they would defeat entirely the purpose for which the law was
framed. It is possible, and, I suppose, from what the owners and captains
are reported to have said, true, that such licenses have been given by some
official in Colon. If so, the act was illegal and served no legitimate
purpose.
The laws and decrees of Colombia are contained in so many different books and
diarios oficiales that one always feels more or
less uncertainty in making any statement in regard to them. I have, however,
made a careful personal search, only now completed. I am a little late in
reporting, but felt that I could not safely act more expeditiously. I have
not hesitated to avail myself of the freely offered aid of the Government,
the great familiarity with the laws possessed by the German minister, and
the researches of the British chargé made in the case of the Pearl, in addition to which I have taken good legal
advice. Nothing has been found which gives even a colorable right to carry
on direct traffic upon the San Blas coast. The laws are general and apply as
much to Colombians as to foreigners.
I beg leave to submit a more complete statement of the laws relative to the
matter than the limited time at my disposal permitted me to do in my No. 54
of the 11th ultimo. I also send translations of the most important
provisions. I have examined with care all changes made [Page 242] since the passage of the laws, but have not
included immaterial changes herein.
The fiscal code of the United States of Colombia was enacted May 22, 1873,
and went into effect January 1, 1874. Upon the change of the constitution
the same code, with such changes and modifications as had been made since
its enactment by laws and decrees, was continued in force by the law 57 of
April 15, 1887, So that from 1874 to the present time the law has been well
known and duly published to the world.
By its provisions direct importations to places not ports of entry, among
which are and always have been those of the San Blas coast, are clearly and
specifically prohibited, as well as all commerce between the free ports and
places not ports of entry.
The free ports are named in the code and include not only Colon and Panama,
but other free territory. The executive power is authorized to permit or
prohibit direct importation into the free ports, except those of Colon and
Panama, which are always free, and to establish regulations for trade in the
free ports and territory and in the ports and territory which are not free
in order to prevent smuggling.
In execution of this power, the President, on the 23d day of June, 1883,
issued decree No. 638* of that year
forbidding direct importation to all the free ports, except, of course,
Panama and Colon, and reiterating, quite unnecessarily, I think, the
provisions of the fiscal code prohibiting commerce between free ports and
places not ports of entry, so that the owners of the Julian and Willie are not victims of this
decree, because the law prohibiting direct importations to places not ports
of entry and trade between free ports and places not ports of entry does not
depend upon this decree, and had in 1883 been in force since January 1,
1874, as it has been even to this date.
As I understand the case, schooners have been dispatched by Señor Calderón,
the Colombian consul, against the well-known officially published laws of
his country, and some official in Colon, also contrary to those laws, has
granted trading licenses for the San Blas coast. Whether the owners
themselves knew the laws or not, they were engaged in illicit trade, the
only excuse for which arises from the illegal acts of subordinate Colombian
officials. This excuse, I think, ought to prevail, and, in my opinion, will
induce this Government to treat the matter in a conciliatory and friendly
way and release the schooners if it shall appear that they are still in
custody. As I have neither instructions nor definite information, I have
done nothing more than inform myself as to the laws and gather all
information possible.
I am not yet quite certain that the present officials have had any knowledge
of the course pursued by Señor Calderón until the seizure of the Pearl.
I feel quite confident, however, that they were entirely ignorant of the
licenses issued at Colon until the arrival of the New York papers of the
24th ultimo.
By our treaty the coast trade of the contracting parties may be regulated by
each as it sees fit.
There seems to be no direct provision of law authorizing, in terms, a foreign
vessel to enter Carthagena, pay her duties, and proceed to the San Blas
coast. Nor is there any prohibition of such act. The laws imply it, however,
the foreign minister asserts it, and the minister of hacienda says that he
issued orders to permit the Julian and Willie, or two schooners which are supposed to be the
ones named, to proceed on [Page 243] their
voyage after such payment. Nevertheless, there seems to be some
indefiniteness or lack of definite knowledge about this point, which,
however, is probably not just now important.
Since writing the above I have again applied to the minister of hacienda for
a definite statement of the law in this matter. His reply in writing is as
follows:
The boat should be dispatched for importation to Carthagena, and
subsequently to San Blas for comercio
costanero.
I shall make immediate report when official news of seizures arrives.
I have, etc.,
[Inclosure 1 in No.
65.—Translation.]
Extracts from the codigo fiscal of Colombia which
went into effect January 1, 1874.
[undated]
Title 3.—Chapter 1.
Art. 8. The custom-houses of the Republic have
for their object the administration of the imposts which the law
establishes upon foreign merchandise at its importation and upon the
vessels which may enter the ports.
Art. 9. The commercial operations subject to
the administration of the customhouses are classified as follows:
- (1)
- Importation, which consists in the introduction of foreign
merchandise for the consumption of the Republic.
- (2)
- Exportation, which consists in sending its products from the
Republic to foreign countries.
- (3)
- Transit, which consists in the passage of foreign merchandise
through the territory of the Republic to another country.
- (4)
- Coasting trade (cabotage*), which consists in
the traffic which is carried on by sea in foreign merchandise,
lawfully imported, which has paid the legal duties between the
ports of entry of the Republic.
- (5)
- Deposit, which consists in storing foreign merchandise
introduced for transit or reëxportation in the warehouses of a
custom-house while these operations are being carried into
effect.
- (6)
- The coasting commerce (el comercia
costanero) is that carried on by every kind of vessel
between the ports of entry of the Republic and places not ports
of entry (los no habilitados), in the
transportation of the products of the country or foreign
merchandise which has paid the legal import duties.
Art. 10. Importation is permitted only into
free ports and ports of entry (habilitados).
Transit only through free ports and the ports of entry of Cucuta, with
destination to Venezuela.
Deposit is only permitted ordinarily in the custom-house of Cucuta. In
the other custom-houses it may be allowed by exception in the cases
mentioned in article 81 of this code.
Exportation will follow the rules laid down in articles 195 to 205, 268
to 272, of this code.
Art. 11. The operation defined by article 9
shall be executed through legally constituted ports of entry, their
execution being expressly prohibited through places not ports of entry
(no habilitado), except as provided in the
preceding article, and except, also, as provided by article 208 in
respect to exportation.
Art. 12. Commerce between free ports and places
not ports of entry is absolutely prohibited. Consequently, both the ship
or smaller boat which may carry merchandise from a free port to a place
not a port of entry, as well as the merchandise carried, shall be
subject to the penalties established by clauses 2 and 3 of article 326
of this code.
The captain of the ship or person (patron) in
charge of the smaller boat, his accomplices, aiders, and abettors (encumbredores), shall each be fined by competent
authority $200 and imprisoned from 2 to 4 months.
[Page 244]
Paragraph.—This penalty shall be inflicted, not
only when the boat may be surprised loading, unloading, or carrying
merchandise, but also when, after such proceedings have taken place, the
act has been denounced before some national employé and fully proved in
a judicial trial.
Art. 13. Merchandise is also declared to be
contraband when found in a vessel surprised on the high seas, in a
roadstead, or inlet, or in a port where there is no custom-house, having
one or more vessels about the same (of any size or description) or tied
to its side which may not belong to the same, unless sent by permission
of the chief officer of the custom-house.
The ship itself, the small boats around it (embarcaciones), the captain, master, and his accomplices and
aiders, shall be subject to the penalties established by article 12 of
this code.
Art. 14. Commerce of the coasting trade (cabotage) and coasting commerce (costanero) with foreign merchandise from places
not ports of entry to ports of entry is also prohibited.
* * * * * * *
Art. 15. Coasting trade (cabotage) is also prohibited in vessels which carry
merchandise for importation or exportation.
Art. 16. [Contains a list of the ports of
entry, which includes no place on the San Blas coast.]
Art. 17. [Contains a list of free ports, in
which no place on the San Blas coast is included.]
* * * * * * *
Art. 22. Commerce from free ports of entry
shall be treated as foreign commerce.
Art. 23. There shall be a custom-house in every
port of entry.
* * * * * * *
Art. 32. The executive power is permanently
authorized to establish the following regulations:
* * * * * * *
§ 2. To permit or prohibit the importation of foreign merchandise into
the ports or territories which existing laws may have declared free,
except the ports of Panama and Colon.
* * * * * * *
§ 5. To establish the formalities to be observed in free ports and in
ports and territories which are not free in order to prevent
smuggling.
* * * * * * *
§ 10. To prohibit reëxportation or coasting trade (cabotage) by the same vessels which bring the merchandise,
unless said acts may be done in a different voyage from that in which
the importation was made.
* * * * * * *
Art. 51. When it happens that any document
certified to by a Consul is not in the prescribed form, said functionary
is liable to a fine equal to double the fee for said document.
* * * * * * *
Art. 302. All foreign merchandise may be
carried from one port of entry to another or from a port of entry to a
place not a port of entry, on the seacoast, after the import duties have
been paid or secured on said merchandise.
* * * * * * *
Art. 304. Permission to load and proceed from
one port to another must be in writing from the chief customs officer,
who shall take into account the prohibition of article 202, and after a
visit and thorough inspection of the vessel’s hold.
* * * * * * *
Art. 316. The provisions of articles 303 to 307
and of 310 are extended to vessels carrying foreign merchandise imported
into ports of entry (habilitados) destined for
ports on the coast not ports of entry (no
habititados) for foreign merchandise.
* * * * * * *
Art. 325. The offenses connected with the
commercial operations of customhouses are enumerated in the various
preceding articles, and also in the following:
* * * * * * *
§ 3. The discharge, loading, or transportation of foreign merchandise for
coast trade, either for cabotage or for
reëxportation made at places not ports of entry or at points or at hours
not authorized, or without the proper documents.
* * * * * * *
[Page 245]
Art. 331. When deposits of foreign merchandise
are discovered in houses, huts, ranches, or other places on the coast
which may be suspected, on account of their proximity to a port, such
merchandise shall be dealt with as provided for in section 2, article
325, unless its legal introduction can be established.
[Inclosure 2 in No.
65.—Translation.]
Article 15. The offenses defined in article 325
of the fiscal code, or of that which replaces it in the custom-house
code, shall be punished as follows:
* * * * * * *
In the second and third cases loss (confiscation) of the merchandise and
the boat or other vehicles in which the contraband goods may be carried,
even though they may not be the property of the defrauders.
