Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 2, 1902
Mr. Adee to Mr. Hart.
Washington, September 6, 1902.
Sir: Referring to the Department’s telegram of August 27, and previous instructions, regarding the expropriation of the property of American citizens by the military authorities of Colombia, and the bearing thereon of the stipulations of Article VIII of the treaty of 1846, I inclose copy of a dispatch from the United States vice-consul-general at Panama reporting instances occuring near Cali.
I am, etc.,
Acting Secretary.
Mr. Ehrman to Mr. Hill.
Panama, August 25, 1902.
Sir: I have the honor to transmit herewith, for your information, a copy of a letter received from Mr. W. A. Barney, consular agent at Cali, Colombia, together with a letter from the firm of Holman & Shearer to Mr. Barney.
I have no information in regard to this subject other than that which is set forth in the inclosed letters.
Awaiting your instructions, I am, etc.,
United States Vice-Consul-General.
Mr. Barney to Mr. Gudger.
Cali, August 12, 1902.
Dear Sir: Your favors of June 26, July 12 and 25 came to hand by the last mail, which was received here on the 8th instant.
I beg to say that I am somewhat suprised myself that you find anything new regarding the situation here in my notes to you of June 21, as I have copies of my former communications addressed to you bearing dates of December 19, 1899, December 3, 1901, January 14, 1902, March 22, 1902, May 18, 1902, and June 26, 1902, in which I endeavored to acquaint you with what was taking place here and asking instructions.
However, I hope that something can be done to relieve the trying situation here, and I inclose a letter which I received yesterday from the firm of Holman Shearer, Americans, doing business here, which merits attention and on which I await your comments and instructions.
On the 9th of this month the military authorities here in Cali took from me, without asking or consulting me in any way whatsoever, 40 mules, unloading the animals and leaving the loads out in the open, without cover and subject to the weather and thieves, and later sent the animals off with soldiers in different directions, without acknowledging my ownership in any manner.
They have no excuse for this action under any circumstances, but less in view of the fact that there has never been an occasion when the Government has sent to me asking for animals that I have not given them those which they needed, and never received pay for the services rendered, either. I have furnished them with animals in large numbers at least a dozen times.
It is not too late as yet to make an effort to correct matters and to enforce respect for the property of the Americans located here, which I most earnestly ask you to do, for the situation is really most serious for all of us.
I am, etc.,
United States Consular Agent.
Messrs. Holman & Shearer to Mr. Barney.
Cali, August 11, 1902.
Dear Sir: I beg to call your attention to the circumstances under which the local military authorities took from one of our pastures a lot of 32 animals during the night of the 9th instant, against which action we earnestly protest, and most respectfully ask your assistance in recovering the animals, and, furthermore, asking that the matter may be brought to the attention of our home Government with the object of obtaining some redress and preventing the recurrence of these outrages, of which this, as you are aware, is not the first we have suffered.
Last week I sent to our pastures near the town of Pavas and had brought to this city 32 mules, intending to use them in a trip to the railroad terminus loaded with hides, which we wish to ship to New York, and to return with merchandise, for which we are in urgent necessity.
I put these animals into our pasture, located about a mile from the center of this city, on the road to the “Paso de Juanchito.” Some time during the night of Saturday, the 9th, they were taken from this place, although the gate was locked, and Sunday morning, after our men had discovered that the animals were missing, they were found scattered through the streets of this city, some loaded with camp equipage and others ridden by officers and soldiers of the troops which were preparing to march. During the day battalion “Pastuso” took some of the animals with them when they left for Popayan, and battalions Nos. 31, 35, and 36 took the others with them to Cordoba.
We were not advised that the Government needed animals, nor were we asked to rent them or to sell them, nor were we advised that the Government intended to take them or that they had taken them, and, having taken them because they had need for animals, were willing to arrange with us for their use. We have no receipt for these animals nor any contract or promise to pay for their use or order for their [Page 312] return to us, nor have we any promise that they will be returned or to recompense us for their use or loss.
The Government has not and will not assume any responsibility in the question of the return of the animals. Yesterday the military alcalde sent me word by an employee of ours “that they were not responsible for the animals, and if I objected to the Government using them and wished to avoid losing them, I should not own animals at all.”
Having stolen our animals, they are now using them precisely as though they were actually of their own legitimate property. We have no voice as to their use, management, disposition, destination, or return. In fact, we have purchased and maintained nearly 200 animals practically for the sole use of the Government, and we are told that we have no right to object. We have absolutely no use or security of our own property. We not only have no use of the amount invested in our animals, but risk and are likely to lose the entire amount. We have lost a few animals at a time all during the war, having been taken from out pastures or off the road.
We bought these animals and have had them for several years for the purpose of carrying our own export products toward the coast and to bring from there our imported merchandise, but on account of the interference of the Government we are unable to use them for our own purposes, and as a consequence we have lost many thousands of dollars worth of goods of different kinds during the last months, as we have been unable to move them and have had to leave them to perish.
In this particular case we risk the loss of not less than $192,000 as the value of the mules, about $55,000 as the value of the freight charges on the goods which these animals could carry if they were now in our service, at least $600,000 as the value of the merchandise which they would bring and which we are now forced to leave in the wet climate of the coast, where the resulting damage is quick and complete, and at least $130,000 as the value of the exportable goods of a perishable character which for our inability to use our animals we are obliged to leave, with the probability that before we can move them they will be a complete loss.
This is only an approximate estimate in paper money and does not include the amount of the probable profit which we would reasonably expect to realize on the sale of the goods mentioned nor the interests on the amounts involved in the cost of the property.
As you know, we have suffered other similar and equally severe losses, about which we will not particularize now.
We further feel it necessary to advise you that we have recently been informed privately that the chief military commanders here have said that they intended to send to our other pastures and take all of our animals. We will further state that we have complied with the requirements of the law and have our “patents” giving us the right to use our animals. It is evidently their intention to ruin us if they are allowed to do so, and we can do very little to prevent them.
We have endeavored to the best of our ability to avoid interference by the Government and not to place ourselves or our property in a position to suffer by any act of the Government. We have taken pains to avoid collisions with the officials, and on this and other similar occasions we have tried to arrange matters quietly and with as little trouble and friction as possible. It seems to be of no use, as they manifest no intention or desire to treat us fairly.
Trusting that you will take such measures as you see fit, and that such may be be prompt and, we hope, of some avail, we are, etc.,
for Holman & Shearer.