[Inclosure with No. 188, October 23,
1903—Translation.]
Ministry of Foreign Relations,
Bogota, October 19, 1903.
Mr. Minister: On account of the presence of
an alarming degree of bubonic plague in various points on the
Pacific coast it was determined to use a Government ship for a
lazaretto in the Bay of Panama, and in accordance with law 106 of
1892, authorizing the organization of the sanitary service in the
marine ports of the Republic in time of peace and placing an
extraordinary contribution on the boats which arrive in Colombian
ports, the governor of the department using these legal rights,
issued the decrees of June 24 and August 4 of this year, by which a
tax was temporarily levied on boats of more than 1,000 tons register
arriving in the ports of Panama and Colon, proceeds of which were to
defray the expenses of that lazaretto. The urgency of the case
prevented notice of such police measures being given to the public
sooner than their insertion in the official publication.
The ports of Panama and Colon being united by rail, the same measures
taken in either of these benefit the other and are taken not only to
attend to transit sickness and to avoid contagion, but to favor
navigation in both oceans. This shows how fair it is that not only
the ships arriving at Panama but also those entering Colon should
pay the tax for the plague hospital.
To facilitate foreign commercial relations as those of importation,
exportation, and transit, etc., which are or are not permitted to be
executed in the ports of the Republic the law divides these into
free and closed ports.
The designation of free ports does not come from any international
pact, neither does it signify that the vessels arriving in those
ports are exempt from the payment of taxes or contributions. In the
binding treaty between Colombia and the United States it is
stipulated that the citizens of each of the contracting parties may
frequent all the coasts and territories of the other, and reside
therein and do business in all classes of productions, manufactured
goods, and merchandise; that they will enjoy all the rights,
privileges, and exemptions in navigation and commerce which the
citizens of that country enjoy or may enjoy in accordance with the
laws, decrees, and uses established there, and that no other or
higher duties will be levied on the tonnage of the respective
ships.
The free transit of the Isthmus of Panama is conceded to the citizens
of the United States and the transport of their products,
manufactures, or merchandise of lawful
[Page 217]
commerce without the imposition of other taxes
or contributions other than those placed on the natural products of
the country (Panama) under similiar circumstances.
There are these advantages of an equal treatment, and there is no
other in favor of the ships of the United States.
In the polite note of September 29 last, your excellency informs me
that you have received a protest from the vice-consul-general of the
United States against the taxes and contributions on shipping levied
in the port of Panama, and especially against said decree No.
91.
In reference to the different points treated of in said note, in
which your excellency is also pleased to express the hope that means
will be taken in the matter, I have the honor to inform your
excellency, in addition to what I have expressed in this note, that
according to the information which has been given me in this matter,
it is hoped that in a short time all fears of the invasion of the
bubonic plague on the Isthmus will have ceased, and immediately the
tax levied for the lazaretto will be rescinded.
I avail myself of this opportunity, etc.,
His Excellency A. M. Beaupré, etc.