Mr. Abbott to Mr.
Blaine.
Legation of
the United States,
Bogota
,
February 6, 1890.
(Received March 6.)
No. 60.]
Sir: The New York papers from December 28 to
January 9 have just arrived. By them I infer that it may have been the
custom of our schooners to call at Puerto Bello, on the Isthmus, as well as
at points on the coast of San Blas. All my previous dispatches have been
written solely with reference to trade upon the San Blas coast, as I have
never understood that our schooners have done business in the free
territory. Incidentally, however, the laws respecting the free territory
have been stated in general terms, and, perhaps, sufficiently for a proper
understanding of the case; but, in view of the statements made in the New
York press, and that there may be no mistake, I beg leave to call the
attention of the Department more particularly than I have done heretofore to
the difference between the free territory and the San Blas coast.
The last free port (so called) east of Colon, as will be seen in the list of
ports given in the fiscal code, is Puerto Bello. East of Puerto Bello lies
the San Blas coast, which is not in the free territory. The laws applicable
to the coast have been forwarded and explained in previous dispatches. Those
applicable to Puerto Bello and other free ports (so called) have also been
incidentally referred to. These free ports, except Colon and Panama, were
legally closed to direct traffic by decree 638 of 1883, which also stated at
length the manner in which trade in those ports should be conducted. In
addition to that decree, is the decree 521 of 1887, a copy of which I
inclose, together with law 107 and 109 of 1887. These all relate to trade in
free territory and have nothing to do with the San Blas coast. But, as they
have been cited by the Colombian vice-consul as applicable to that coast, I
thought that the laws themselves would furnish the best evidence to the
contrary.
It will be noted that a vessel bound for Puerto Bello, or any other free
Atlantic port closed to direct importations, should enter Colon and there
conform to the regulations of said decrees, after which it can proceed to
its destination with such cargo as may be designed to supply the necessities
of the inhabitants thereof. But importations not necessary for that purpose
are not permitted.
On the other hand, vessels bound for the San Blas coast must enter
Carthagena, pay their duties, and may then proceed to their destination.
[Page 246]
All the laws seem to be perfectly clear except that concerning the right of a
foreign vessel to go from Carthagena to San Blas. As to this right, however,
I no longer entertain the doubt expressed in my last dispatch, but think the
right is, and will be, recognized by this Government.
The New York papers contain what purports to be a copy of a letter written by
the Colombian vice-consul in New York to the owner of the Whitford, informing him that he might clear for Colon and there
receive a license to trade upon the San Blas coast. Such information would
be correct if the Whitford desired to go to Puerto
Bello with such cargo as the law permits, but is not correct for San Blas.
The vice-consul has fallen into a serious error, and, although he may not be
able to bind his Government so as to prevent it from legally seizing the
schooner, he has at least furnished the owners thereof with a document which
will enable them to purge themselves of any attempt to defraud the revenue
of Colombia.
This Government will treat this whole matter in a most friendly and proper
spirit, in my belief. So far as I am informed, nothing arbitrary or unusual
has been meditated or performed. There is no desire to drive our commerce
from the San Blas coast, nor to confiscate the vessels of those who have
acted in good faith. There is a desire to enforce the revenue laws, which
are intended to be just and to furnish all conveniences to traders
consistent with the nature of the means at hand and the proper enforcement
of the law.
I would suggest that the licenses said to have been issued at Colon,
permitting trade upon the San Blas coast, be carefully scrutinized. It may
be that they were only granted for Puerto Bello.
The great difficulty experienced here is that of securing reliable
information. It is not known whether the Julian and
Willie are in Carthagena or not. The ministry
here did not expect that those boats (if those are the ones) would be
brought to Carthagena to be condemned, but solely to pay their duties and
receive permits to go to San Blas. What has really been done no one knows.
It would be a source of satisfaction if our vice-consul in Carthagena would
notify this legation when events so important are taking place.
Information has just been received at the foreign office that the schooner
Whitford has arrived at Colon, and was there
informed by the authorities that she would have to proceed to Carthagena and
pay her duties, in order to obtain permission to trade upon the San Blas
coast. What course the captain of the schooner took is not known.
I am, etc.,
[Inclosure 1 in No. 66.—Translation.—From
the Diario Oficial, August 9, 1887.]
Decree No. 521 of 1887
(August 8) upon commerce in
the free ports.
The President of the Republic of Colombia, in execution of laws; 107 and
109 (article iii) of the present year,
decrees:
-
Article I. Persons introducing
foreign merchandise into the free ports of the Republic for
consumption therein shall present to the chief inspector of
customs of the port into which the merchandise is imported the
consular invoices thereof, certified agreeably to article ii of law 107 of the present year,
within 48 hours from the time when permission shall have been
given by the manager of the mails to whom it belongs to
discharge said merchandise.
-
Art. II. The invoices mentioned in
the preceding article shall be compared by the chief inspector
of customs with copies of the manifests which shall be presented
by the consignees of the vessels whose discharge has been
permitted by virtue of the provisions [Page 247] of article lit of decree No. 638 of 1883;
and, if the comparison shows a disagreement in the two papers,
the said officer shall investigate the cause of such
disagreement and shall make a note of the result of his
investigation at the foot of the invoices and the
manifests.
-
Art. III. The chief inspector of
customs shall, either in person or by means of agents appointed
therefor, attend carefully to the unloading of the vessels, and
shall register, in a manner capable of verification, the
packages disembarked according to their class, number and marks,
having regard, as a general rule, to causing the least possible
amount of obstruction and delay in the transport of the
merchandise to its respective destinations.
-
Paragraph.—The register in which is
recorded the packages disembarked shall also serve to verify the
conformity of the invoices and manifests; and, if such
conformity do not appear, the chief inspector shall proceed in
the same manner as in article ii of
this decree.
-
Art. IV. If an entire agreement
between the invoices and manifests shall appear, the chief
inspector shall place a certification of the fact at the foot of
the invoices and shall deliver them to the interested
party.
-
Art. V. When the chief inspector of
a free port shall believe that merchandise has been introduced
without presentation of the certified invoices treated of in the
foregoing article ii of law 107 of the
present year, he shall proceed as provided for by the terms of
articles 125 and 126 of the fiscal code. He shall demand that
the certified invoices be presented, and shall examine the
packages by their marks and other external signs, and shall open
them if there be no other way of establishing their identity
with those mentioned in the invoices.
-
Art. VI. In case of a failure to
present the invoices of one or more packages although they may
have the same marks as others imported with them, a fine shall
be imposed of double the amount of consular fees for
certification of the document; and, in the case of deficiency or
inexactitude of dates respecting the packages mentioned, the
fine imposed shall be 50 per cent, of said amount.
-
Art. VII. In case the importers of
merchandise in the free ports shall fail to present invoices
agreeably to the provisions of law 107 of the present year,
there shall be imposed a fine equal to four times the sum fixed
as consular certification fees for said invoices, and the cargo
shall be opened by the proper officer to verify that it does not
contain articles of merchandise which are prohibited.
-
Art. VIII. The proceeds of the fines
shall be received by the manager of the mails of the respective
port, in virtue of the notice of the inspector, who shall inform
of the fact the government of the department and the general
office of accounts.
-
Art. IX. The party interested may
appeal against the imposition of the fines in writing within 6
days before the governor of the department, who shall obtain
from the inspector the information and documents necessary to an
understanding of the case, and, in his quality of agent of the
executive power, will give final decision upon it.
-
Art. X. For execution of this decree
the consuls of the Republic will forward to the chief inspector
of the free port for which the merchandise is bound a copy of
the certified invoices, agreeably to the provisions of article
48 of the fiscal code.
-
Art. XI. Whenever the inspector
shall see good cause to suspect that one or more of the packages
subject to the formalities of this decree contains prohibited
merchandise, or others which do not agree with the invoices, he
shall open and examine them.
-
Art. XII. If the packages should be
found to contain prohibited merchandise, the governor of the
department, the judicial authority, and the agent of the
ministry shall be notified without delay, and the proper parties
be called to account agreeably to the laws and the present
decree, and the merchandise shall be held in deposit pursuant to
the orders to be given by said governor.
-
Art. XIII. Respecting the cargoes
which pass through the Isthmus of Panama, bound for the national
custom-houses of the Pacific, or which arrive at the port of
Colon, not for the purpose of disembarking, but to be
transshipped for the customhouses of the Atlantic, they shall be
governed by the observances actually in force. The ship shall
present its invoices to the officers stationed there, to whom
the consuls shall also remit sealed papers containing copies of
the manifests and invoices mentioned in the first part of
article 48 of the fiscal code.
-
Art. XIV. For the execution of the
preceding articles the respective inspectors shall inspect the
manifests presented to them by the captains of vessels and the
contents of the invoices, regarding the destination of the
merchandise and other circumstances; and they shall proceed, in
case of infraction, in accordance with the suitable provisions
of the same articles.
-
Art. XV. The formalities regulating
traffic between the free ports and the other ports of the
Republic shall be the same which have been in force according to
the fiscal code, the aforesaid decree, and the other legislative
and executive provisions upon the subject.
-
Art. XVI. The inspectors of the free
ports shall retain copies of the invoices to be sect to the
consuls for fulfillment of articles 48 of the fiscal code and 10
of this decree, and the registers of the unlading of vessels for
the formation of statistics in the terms of article 34 of decree
No. 638, already cited; and, if such copies are not received in
good season, they shall be demanded without delay.
-
Art. XVII. This decree shall be in
force in the free ports from the 21st of next September.
Done at Bogota, the 8th day of August,
1887.
-
Rafael Nuñez.
-
Antonio Roldán,
Secretary of the Treasury.
[Inclosure 2 in No. 66.—Translation.—From
the Diario Oficial, June 23, 1887. No. 7084.]
legislative power.—national legislative
council.
Law 107 of
1887 (June 21) on commerce in
the free ports.
The national legislative council decrees:
-
Article I. Ninety days after the
publication of this law in the Diario Oficial the cargoes of
foreign merchandise bound for the free ports of the Republic for
consumption therein shall be subject to the formalities exacted
by the fiscal code for merchandise bound for the closed ports,
as to the exactions of said code of the presentation of invoices
certified by the respective consuls.
-
Art. II. Persons discharging foreign
merchandise for consumption in the free ports of the Republic,
upon presenting to the consuls the invoices of the cargoes,
shall declare under oath that the contents of said documents are
exact, and shall be responsible to the Government for any
differences between them and the contents of the packages, and
also for not unloading prohibited articles of
merchandise.
-
Art. III. In the future, in addition
to the commodities mentioned in article ii of law 36 of 1886,
the national coin, of whatever denomination or metal, with the
exception of gold and silver of 0.900 and the unsigned banknotes
of the national bank, shall be held to be prohibited
articles.
-
Art. IV. The inspectors of the ports
of Panama and Colon shall receive the invoices of cargoes of
foreign merchandise destined for consumption in those cities and
shall be empowered to inspect suspected articles with
formalities prescribed by Government in a special decree.
Done at Bogota, June 20,
1887.
-
Vicente Restrepo,
President.
-
José M. Rubio Frade,
Vice President.
-
Roberto de Narvaez,
-
Manuel Brigard,
Secretaries.
[Inclosure 3 in No. 66.—Translation.—From
the Diario Oficial, June 28, 1887. No. 7090.]
legislative power.—national legislative
council.
Law 109 of
1887 (June 22) of authorization
to the Government.
The national legislative council, in view of section 9 of article 76 of
the constitution, and considering that it is of the utmost importance to
provide for the protection of the revenue and the prosecution and
punishment of frauds committed upon it, matters which can only be
suitably provided for by the legislative power, decrees:
-
Article I. The executive power is
hereby authorized to introduce into the customs and salt mines
service all modifications suited to enhance their efficiency,
increasing the personnel of the custom-houses and assigning to
now employés appropriate salaries not to exceed those now paid
to the same customs officers.
-
Art. II. These salaries shall be
considered as included in the law of salaries and shall figure
in the respective accounts of expenditures.
-
Art. III. The executive power is
also authorized to make such regulations as may be necessary for
the prosecution and punishment of fraud on the revenues newly
created.
- In said regulations the measures to he pursued shall he
specified and the employé in whose province it shall lie to
apply the penalties against persons guilty of fraud.
-
Art. IV. The executive power shall
give account, in due season, to Congress for the use made of the
authorizations contained in this law.
Done at Bogota, June 20,
1887.
-
Vicente Restrepo,
President
-
José Ma. Rubio Frade,
Vice President.
-
Roberto de Narvaez,
-
Manuel Brigard,
Secretaries.
