A report of Mr. Vifquain, consul at Colon, accompanied by translations of all
the Colombian laws and regulations bearing on this point which he has been
able to discover, agrees fully with the results of your examination and
bears out the conclusion that direct trade on the San Blas coast from a
foreign country or indirect coastwise traffic from an open free port are
distinctly prohibited.
Your dispatches * * * indicate that, while steps have been taken to properly
instruct the consuls and local customs officers of Colombia as to their
exact function in the premises, no penalty is likely to be visited on
vessels which may be found to have engaged in the prohibited traffic in good
faith under clearances or licenses mistakenly granted by Colombian officers.
This proper and equitable view of the situation was to be expected, and you
will use your best endeavors to see that no American vessel, reasonably
appearing to have acted in good faith, shall be subjected to other
inconvenience or restraint than may be requisite to insure compliance with
the promulgated rules and laws of Colombia in this regard.
You will at the same time impress upon the Colombian Government the necessity
of clearly making known its requirements, in order that the officers of
Colombia may properly do their duty, and that the shipping of a friendly
neighbor may not be annoyed and interfered with as a consequence of the
contradictory interpretation of the laws of Colombia which is admitted to
have been made by its agents.
I append for your information copy of a letter addressed by the Department to
Messrs. Foster & Co., of New York, the complainants in the case of
alleged seizure of the Julian, together with the
annexed translation of the Colombian laws on the subject prepared by Mr.
Vifquain.
[Inclosure in No. 48.]
Mr. Adee to Messrs.
Foster & Co.
Department of State,
Washington
,
March 3,
1890.
Gentlemen: Referring to your previous
correspondence with this Department relative to trade with the San Blas
coast of the Isthmus of Panama, I have the pleasure to transmit herewith
for your information a translation of the laws, decrees, and regulations
of the Republic of Colombia applicable to such traffic, as collected by
the consul of the United States at Colon.
It appears from these extracts that the port of San Blas is not mentioned
as a port of entry (puerto habilitado) or as a
free port, although, being within the limits of the State of Panama and
distant only about 150 nautical miles by water from Colon, it would
appear to be, as claimed, a dependency of that port comprehended within
the free zone of the Isthmus of Panama.
By article 16 of the fiscal code, the following are declared ports of
entry on the Atlantic coast of Colombia, to wit: Carthagena, Sabanilla,
Colon, Santa Martha, and Rio Hacha. The following on the Atlantic coast,
are declared by article 17 of the fiscal code to be free ports, to wit:
Colon, Boca del Toro, Chagres, and Puerto Bello, all within the lines of
the State of Panama, and, in addition to these, the ports of the
archipelago of San Andreas, in the Atlantic, which belong to the State
of Bolivar.
The only point upon which the report of the consul is not clear is as to
whether San Blas is comprised within the free zone of the Isthmus of
Panama. But, as San Blas is not habilitado, the
obligation to enter at some port legally open to foreign vessels before
proceeding to San Blas appears to be certain.
In addition to Mr. Vifquain’s the report, the Department is in receipt of
very full dispatches on the subject from our minister at Bogota. Mr.
Abbott’s careful examination of the Colombian statutes on the subject,
made, as he reports, under good legal advice, leads him to the same
conclusions as Mr. Vifquain has reached, that nothing is found that
gives a colorable right to carry on direct traffic with the San Blas
coast. The laws are general and apply as much to Colombians as to
foreigners. In fact, his latest dispatch, dated the 1st ultimo, refers
to the reported detention of a Colombian schooner engaged in illicit
trade.
Mr. Abbott and Mr. Vifquain agree in declaring that no American vessel
has been seized. Orders were given by the Colombian minister of finance
to permit the Julian and Willie, or two schooners which are supposed to be the ones
named, to proceed on their voyage to San Blas after entry and payment of
duties at Carthagena. Mr. Abbott remarks that 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.”
The definite statement made to Mr. Abbott by the minister of finance is
as follows: “The boat should be dispatched for importation (import
entry?) to Carthagena and subsequently to San Blas for comercio costanero.” There appears, therefore, to be no trace
of any law or regulation authorizing the issue of a license for direct
trade of a foreign vessel with San Blas or for a coasting license
between a free port and San Blas. Any action to the contrary by the
Colombian consul at New York, or by any official in Colon, appears to
have been, without legal warrant, and steps have been taken by the
Colombian Government to instruct those agents as to their proper duty.
Mr. Abbott does not apprehend any difficulty in relieving from penalty
any vessels which may have been found to have engaged in prohibited
trade on the San Blas coast under clearances or licenses which, although
invalid, may have been procured in good faith by the masters from the
agents of the Colombian Government.
I am, etc.,
[Inclosure.]
laws regulating commerce in Colombian
waters.
[Translated and transmitted by Consul
Vifquain, of Colon, February 3, 1890.]
Decree No. 638 of 1883, relating to formalities for the
commerce of Panama and Colon and other ports of the
Republic.
The President of the United States of Colombia, by virtue, etc.,
decrees:
Article 1. The importation of foreign goods
into the free zone of the Isthmus of Panama can only be done at the
ports of Colon, on the Atlantic, anc. Panama, on the Pacific.
[Page 251]
Art. 2. (Relates to police matters in
port.)
Art. 3. The agents or consignees of merchant
vessels arriving at the ports of Colon and Panama will present to the
respective administrador de hacienda, through the
intermediary of the inspector of the port, in a period not exceeding 3
days, a copy of the manifest, with a full and complete description of
the cargo, and also comply with” other minor regulations, as provided by
article 41 of the fiscal code,* excepting those
provided for in articled of the law No. 60 of 1875.†
Art. 4. The formalities of the visit of entry
and other regulations relating to the police of the port having been
accomplished, and which, in accordance with law, must precede the
discharge of the cargo, the vessel will be allowed to discharge without
hindrance, having due regard for the provisions of the “port rules”
established by the Panama Railroad, as approved by the executive power
of the Republic. No reshipment from one vessel to another is allowed
without the knowledge and consent of the jefe del
resguardo, who is the inspector of the port.
Art. 5. Before a vessel will be permitted to
load with foreign goods the captain, supercargo, or agent of the vessel
will notify the inspector of the port in writing, stating therein the
port or ports at which the vessel intends to touch, the pier or place
where the goods are to be put on board, in accordance with article 6 of
this decree, and the number of days and hours likely to be required for
the loading of the vessel.
If any of the ports of this country named in the application in writing
is not an open port‡ (no habilitado),
the inspector of the port will at once notify the captain, supercargo,
or agent of the vessel that the transaction is absolutely prohibited,
and he will take the necessary steps to prevent the goods for such port
or ports to be shipped.
If the vessel intends to sail for a port or ports in the free zone of the
Isthmus of Panama in accordance with law, the goods will be allowed to
be placed on board, provided the inspector of the port has ascertained
by the facts the capacity of the vessel and other circumstances, that
the goods are intended for the free zone, and not for the purposes of
introducing goods at such places as are not enjoying the privileges of
the free zone. In all cases the inspector of the port will adopt all
means of precaution which he may deem necessary to prevent the
fraud.
Art. 6. In the port of Panama the only place at
which it is allowed to load, as provided in article 5 of the decree, is
the one known as El Taller, and in the port of Colon that part of the
port included within the existing piers.
Art. 7. Vessels or craft of more than 25 tons
will not be allowed to take foreign goods without first producing two
responsible sureties, satisfactory to the inspector of the port, who
will be held responsible in a sum equal to twice the amount of import
duties which said goods would have to pay under the fifth schedule of
the tarifa (tariff law). In this case a
sufficient number of days will be allowed to produce a voucher or
certificate establishing the facts guarantied, to wit, that the goods
were delivered in the ports designated by the sureties, and, if no
voucher or certificate is presented at the expiration of the specified
time, then the surety will be forfeited.
Art. 8. The same surety of which article 7
treats, and for the same causes, will be required from the captain or
shipper of goods of any vessel preparing to leave this port of Colon or
Panama, when, in the judgment of the respective inspector of the port,
there are reasons for believing that it is intended to take such goods
as contraband (smuggling) to a port that is not an open port.
Art. 9. The voucher or certificate referred to
in the two preceding articles, and for the same causes, will consist of
a certificate from the custom-house officials at the [Page 252] place of destination if the cargo is
landed at a port of this Republic which has custom-house officials, or
from the consular officer of this Republic in case the goods are
discharged in a foreign port, or, in case there is no Colombian consul
at the place, then from a consular officer of another nation, in
accordance with article 52* of the fiscal code, or, in default
of any and all consular officers, then from a certificate signed by
three responsible merchants doing business at the place of
discharge.
Art. 10. When, in accordance with articles 5 to
9, respectively, there is no objection whatever to grant the vessel
permission to load the cargo, the inspector of the port will give it in
writing.
(Articles 11, 12, 13, 14, 15, and 16 are immaterial to the point of
issue; they refer to hatches, to guards, etc.)
Art. 17. All foreign goods which will be put on
board of ships in the ports of Panama and Colon, respectively, in
destination for a port or ports of this Republic at which importation of
such goods can be done, all rules and regulations provided by section 2
of chapter 2 of the fiscal code, as also those provided by articles 5 to
14 of the law No. 109 of 1880, will be strictly observed.
Art. 18. At the other free ports of the Isthmus
of Panama besides Colon and Panama, as specified in articles 17 and 18
of the fiscal code,† the
commerce of foreign goods to open ports of this Republic will not be
allowed without said vessel touching at Colon if said ports are on the
Atlantic side and at Panama if on the Pacific side.
Art. 19. As regards the preceding article (18),
the respective inspectors of the port will secure on board or at the
place of discharge, if necessary, the data required to make certain of
the correctness of the manifest and will place evidence of that fact
upon the document. This document must show, also, the certifications as
provided by article 55 of the fiscal code.‡
Art. 20. It is absolutely prohibited to trade
or traffic between the free ports of the Isthmus and such ports as are
not qualified as open ports (no habilitado).
(Article 21 refers to domestic products going from a free port to some
open port.)
(Article 22 provides for the several degrees of punishment to be
inflicted for violation of the provisions enumerated in the preceding
article.)
(The remainder of the decree has no particular bearing on the point at
issue—trading on the San Blas coast and San Andreas.)
Articles of the fiscal code relating
specially to the traffic between free ports and such localities as
San Blas.
Art. 12. It is absolutely prohibited to traffic
between the free ports of this Republic and such ports as are not
qualified by law as open ports; consequently, when a vessel of any kind,
large or small, carries goods from a free port to another port not open
to commerce, such punishment will be inflicted as provided for such
cases by article 326 of this code. The captain of the vessel or “patron”
of the craft, their accomplices and auxiliaries, will in each case be
arrested by the competent authorities and be subject to a fine of 200
pesos and imprisonment for from 2 to 4 months.
[Page 253]
This punishment will not only he inflicted when the vessel is caught in
the act of carrying or discharging the goods, but also when preparations
are making and the fact reported to a public employé, and after having
been fully verified in the courts.
Art. 13. Is also declared contraband
(smuggling) the goods carried by a vessel caught on the high seas, in a
bay, or in a creek or cove, or in a port where there is no custom-house,
with one or more boats about it, or attached to its sides, and not
belonging to the vessel itself, or sent there (to the vessel) by the
authority of a collector of customs or deputy.
The vessel, boats, captains, patrons, accomplices, and auxiliaries will
be amenable to such punishment as prescribed by article 12 of this
code.
Art. 14. The coastwise traffic, or cabotage, with foreign goods is equally
prohibited from the ports that are not open ports to those that are
such.
Art. 19. The ports situated on the islands of
this Republic are closed to exterior commerce; consequently, only
coastwise traffic is allowed on such islands.
The ports mentioned in the preceding articles are exempted from the
provisions of article 19.
Art. 20. All the regulations provided for and
by the system of customs can be executed in the free ports with absolute
freedom, excepting only those which are expressly prohibited by articles
39 and 40 of this code. (These two articles refer to the prohibition of
the importation of false money, or money less than 0.835 fine, machinery
for the manufacture of false money, and nitroglycerine.)
Law No. 109 of 1880.
Art. 20. The jurisdiction of the inspector of
the port of Panama will extend to the littoral and islands of the State
of Panama in the Pacific Ocean, and that of the inspector of the port of
Colon to all the littoral and islands of the State of Panama in the
Atlantic Ocean. (San Blas is on the littoral of the State of Panama; the
archipelago of San Andreas does not belong to the State of Panama; it
belongs to the State of Bolivar.)
Law No. 21 of
1886.
Art. 2. Sailing vessels are prohibited to trade
between Colon and the open ports of the Atlantic, as also between Panama
and the Pacific coast of this Republic. (This was amended by the law No.
90 of the same year, adding after the word “Republic” the words “with
the exception of the ports of Buenaventura and Tuniaco.”)
Chapter 9 of the
code—violations, punishments, etc.
Art. 326. In case a vessel has no register,
manifest, or other documents provided by law, a fine of 200 to 1,000
pesos.
In case of an attempt to unload cargo in a different port than the one
mentioned in manifest, the loss of the merchandise, vessel, and other
vehicles helping it.
The same forfeiture in case foreign goods are attempted to be imported or
re-exported by means of coastwise traffic to or from ports not open to
commerce.
Various other penalties for misrepresentations in the manifest, for
resistance to custom-house authorities, for taking goods from the
custom-house without the prescribed formalities, etc.
