Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 2, 1902

Mr. Hill to Mr. Beaupré.

Department of State,
Washington, July 31, 1902.

No. 412.]

Sir: I have to acknowledge the receipt of your No. 605, of the 5th of May last, reporting the position of the Colombian Government on the subject of expropriations.

It appears from your dispatch and its inclosure that the Colombian Government has announced that “if very urgent necessities make it indispensable to seize animals of foreign private individuals for reasons relating to the maintaining or restoration of public order,” such property may be taken.

The Government of the United States regrets its inability to acquiesce in the application of such measure to its citizens. While it is not disputed that circumstances might arise in which the property of foreigners, as well as of natives, situated in Colombia might be lawfully expropriated for military uses or State purposes, it is impossible to recognize an order couched in such vague and general terms that it could be considered as a license to seize and confiscate the property of citizens of the United States under circumstances and for purposes which could not warrant and justify the seizure either upon principles of public law or under existing treaty stipulations between the United States and Colombia.

A state of public war does not exist in Colombia, and the belligerent right of expropriation which may sometimes be lawfully exercised does not exist. But even if the measure were defensible, which is not conceded, the discrimination alleged to be practiced by the seizure of private property of citizens of the United States, while property of “amigos” or friends of the titular Government, similiarly situated, is untouched, could not be characterized otherwise than as odious and intolerable.

Nor can the Government of the United States concede for a moment the right of the Colombian authorities arbitrarily to fix the value of the property so taken, so as to defeat the right of the owners of such property to full compensation and indemnity for its actual value when taken. For all property of United States citizens thus taken by the authorities of the Colombian Government the Government of the United States will expect that such compensation be made.

I am, etc.,

David J. Hill,
Acting Secretary.