Señor Marquez to Mr. Hay.
Washington , July 25, 1900 .
Mr. Secretary: The insurrectionary movement which broke out in Colombia and whose suppression is, fortunately for my country, near at hand, did not succeed, and has not succeeded in acquiring the status which would entitle the insurgent band to the recognition of belligerent rights on the part of my Government or any other. Indeed, neither has the movement been a general one, nor has it maintained a permanent army corps, nor has it secured supremacy except temporarily and intermittingly over a very slight portion of the territory which has just been finally occupied by the lawful authority; nor has it had command of any other kind of the moral and material conditions without which such recognition is impossible.
Although lacking said recognition as belligerents, the insurgents, after surrendering, have been treated with the benevolence of an inherently strong Government.
Yet, while such treatment has been accorded to the insurgents on land, it is not believed that it could justifiably be extended in the same manner to those who do or may operate at sea, committing serious offenses and acts of depredation on persons or property that have no connection whatever with the internal strifes of my country.
I therefore venture to repeat to the honorable Secretary that the insurgents of Colombia, being denied belligerent rights, have no right to arm vessels, to issue sea letters or wage maritime warfare, and that my Goverment does not authorize them to display the national flag, and that, in consequence, such vessels as they may have at their disposal are, according to the provisions of international law, subject to the same conditions as piratical vessels.
I have the honor to lay the foregoing statement before you for the reason that there are or may be some war vessels of the United States in Colombian waters, especially about the Isthmus, and that it may not be impossible that a case shall arise to which the provisions of the Navy Regulations of the United States may apply, under which vessels that are found navigating as vessels of war without holding the required commission as such must be treated as pirates.
It is not my purpose to request that ships of the American Navy should pursue, seize, or capture such vessels as may be held by the Colombian rebels, but only to point out that in their character of pirates they may be pursued, seized, or captured by any ship whatsoever and made to suffer all the consequences to which all technically piratical vessels are liable.
[Page 405]My Government has endeavored in every possible way to avoid the conflict that is presently being raised in the city of Panama; unfortunately, a few turbulent spirits on the Isthmus have received sufficient assistance from filibustering expeditions to enable them to make upon the garrison of said city an attack, which I feel confident will be severely punished.
With sentiments, etc.,