Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part I

Mr. Koppel to the Secretary of State.

American Legation,
Bogotá, 20 August, 1906.

No. 1.]

Sir: I have the honor to inclose herewith printed copy of a circular dated 11 August, 1906, informing the governors of the departments about a resolution passed by the council of ministers with regard to a printed letter signed by the Colombian ex-minister at Washington, Señor Diego Mendoza Perez, published in New York and bearing date of 2 July, 1906.

According to this resolution, Señor Mendoza Perez has been declared traitor to his country; and by Resolution 64 of 17 August, 1906, copy of which I also inclose, he has been summoned to appear before the Colombian Government in this city to answer the charges that have caused him to be declared traitor to the country, otherwise his extradition is to be requested.

Owing to pressure of time I am unable to send a translation of these articles, and I will not delay them, as they may be of importance to the Department of State.

I have, etc.,

Sam B. Koppel,
In charge.

[Inclosure 1.—Translation.]

urgent circular.

War Department,
Bogotá, August 11, 1906.

Governor of——

Prefects of Cali, Buga, Cucuta, Ocaña, Palmira, Santander, (Cauca), Velez, Sogamoso, Honda, Magangue, Riohacha, Buenaventura, Tumaco, Pereira, Giradot, Mompos, Corozal, Quibdo Marinilla, Sonson. Alcaldes Peurto Berío, Gamarra, Calamar.

I transcribe the following declaration of the cabinet of ministers, unanimously-approved in full meeting August 10, 1906:

The cabinet of ministers in view of the statement which His Excellency the President of the Republic has just presented to you and the letter printed in New York, dated July 2, 1906, signed by the ex-minister of Colombia in Washington, Senor Diego Mendoza Perez, and considering that by the numerous documents which are in the archives of the presidency of the Republic these things have been confirmed:

1. That about the middle of last year the head of the Government had complete knowledge through repeated warnings that he was to be assassinated, a design which he had reason to believe was conceived by individuals whose interests were being injured by the Government actively following up the falsification of notes, the smuggling of emeralds, licentious acts, and other deeds highly prejudicial to public morality and social order, about all which His Excellency the President opportunely made a private report to the judges of the supreme court of justice and to the attorney general of the nation.

2. That these treasonable designs continued to develop in the succeeding months up to the 19th of December of last year, when the Government, by means of the judicious vigilance which it had exercised, was able to break up with rapidity and without disturbance the conspiracy which was being hatched to overthrow it.

3. That after the frustration of that crime the assassination of the President was again insisted on, and this was carried so far that a band of malefactors was organized to carry it out, as it did on February 10 of the present year, an attempt which put in imminent danger the life of His Excellency the President of the Republic and that of his daughter.

4. That after the conspirators and the authors of the homicidal offense had been delivered to justice and punished for their respective crimes in conformity with the sentences pronounced by competent courts, tranquillity was restored and the Government continued to occupy itself actively with the economic and political reconstruction of the country, destroyed and discredited by the three years’ war just over.

5. That things being in this condition the Government had certain information that two or three disloyal sons of Colombia, without considering the opinion of the people, were trying to start a separatist movement, like that of Panama, which if successful would involve the total dissolution of Colombia, for which the traitors were soliciting the support of some foreign power and of Panama. In order to avert such great evils the Government took excessive measures involving energy and prudence both within and without the country, and succeeded in averting the very great danger which was threatening it, without neglecting internal matters of vital importance for the development of the nation. To-day that grave danger has entirely disappeared, owing to the attitude which the Government of the United States has assumed.

6. That the settlement of the questions pending with the United States and Panama being urgent, in order to avoid greater ills, the Government decided to send a special mission to the American Government to negotiate it, and which at the same time that it saved the national honor, omitting pecuniary profits, would put an end to the difficulties of the country, and especially of those districts on the coast of the Atlantic and the Pacific which had arisen from the separation of Panama. That mission was faithfully confided to the citizen who was retiring as minister of foreign affairs, Don Enrique Cortes, who found himself obliged to resign his post, and to Señor Diego Mendoza Perez, in whose loyalty and enlightenment the President of the Republic trusted.

7. That the Government having had certain informatoin that its representative in Washington, Señor Mendoza Perez, through lack of judgment and discretion was not carrying out the instructions received, decided to recall him to this capital and again to entrust Señor Cortes with the diplomatic negotiations, being convinced of his learning and efficiency, who accepted that mission.

8. That this proceeding, adopted by the Government according to the right given by the laws and in the endeavor to avert the great ills which were threatening the country, led Dr. Diego Mendoza Perez, instead of conforming to the instructions which had been given him by the minister of foreign affairs to return to this city, as he was ordered, to abuse his diplomatic character by making public in a foreign country and with injury to the interests of Colombia, acts, by their nature confidential in accordance with the practice of public international law, and slanderous charges.

9. That in accordance with ordinal 4 of article 20 of the Colombian penal code “diplomatic agents of Colombia who commit any crime in a foreign country, and any other employees of the Government in a foreign country who commit any act of disobedience or disloyalty to the same government, or any crime during the exercise of their functions, shall be punished according to this code.

10. That in accordance with article 159 of the said code, acts, counsels, or machinations contributing to cause any injury to the nation shall be qualified as treason to the country.

11. That in the publication previously mentioned, which has circulated widely throughout the country, not only is rebellion instigated, but even the assassination of the President of the Republic.

The Cabinet of Ministers declares that in its opinion Señor Diego Mendoza Perez, ex-diplomatic minister of Colombia in the United States, by making the publication as a letter of what has before been mentioned, has been included in the denomination of traitor to the country, described by article 159 of the penal code.

That in its opinion both Señor Diego Mendoza and the other persons who appear answerable as accomplices in the grave crime which has been committed, are punishable in accordance with ordinal 4 of article 20 of the penal code.

That ex-Minister Señor Mendoza has expressly violated sentence 11 of article 8 of law 23 of 1866, which says literally: “To preserve secrecy in negotiations and to publish nothing without the authorization of the Government;” and article 13 of decree 1039 of 1901, by which the diplomatic service of Colombia is regulated, which binds diplomatic agents, even after they have retired from a post, not to publish, nor to permit the publication, of anything without the previous authorization of the Government, under which Señor Mendoza Perez was found answerable through the gravity of the oath which he took on taking possession of his office.

That consequently the Government, in accordance with the laws, orders that those who are found to be responsible for the crime mentioned—viz, treason to the country—shall be brought to justice, for which it shall be reported to the competent authority in order to further the matter.

The President,

R. Reyes.

Minister of the interior, Dionisio Arango; minister of foreign affairs, A. Vasquez Cobo; minister of the treasury, Tobias Valenzuela; minister of war, Manuel M. Sanclemente; minister of public instruction, J. M. Rivas Groot; minister of public works, F. de P. Manotas.

Secretary of the cabinet,

Camilo Torres Elicechea.

As the publication of Señor Mendoza Perez, which the declaration of the cabinet of ministers discusses, is subversive of order, and as the cabinet decided that the laws on public order shall be applied to the accomplices of Señor Mendoza Perez, you will ascertain if there are any accomplices in that locality who have received the publication mentioned and who are distributing it.

The whole country is perfectly calm, and in order to give greater stability to the peacefulness it is necessary to be extremely zealous in avoiding and suppressing everything which might disturb it.

The minister of war,

Sanclemente.

[Inclosure 2—Translation.]

republic of colombia—war department.

[Resolution No. 64.]

The minister of war, in compliance with the laws on police and preservation of public order, and considering—

1. That the Government, in accordance with the declaration of the cabinet of ministers of the 10th instant, referring to Señor Diego Mendoza Perez, ex-minister of Colombia at Washington, has ordered that a case of treason to the country be brought against that individual, and that he be summoned to voluntarily present himself to answer the charges made against him, or to request his extradition if he should refuse to obey the call which is to be made.

2. That they have proofs that the agents and accomplices of Señor Diego Mendoza Perez have reproduced in the press of a foreign country the letter of this gentleman which is the cause of the present resolution, adding comments to it which dishonor the country.

3. That in this city slanderous anonymous letters are sent to peaceful and honest citizens and to public employees in which they are threatened with death, and although the authors of such anonymous letters are professional agitators and slanderers, insignificant in number and without any social or political standing, it is necessary to prevent their continuing to disturb society.

4. That the governors of the departments must prevent the slanderers and agitators by all the means in their power from doing the mischief in the territory of their respective jurisdictions which they propose to do in this capital, spreading the story that they have supporters in their campaign of defamation and threats against the life and honor of the citizens and public employees, and which may produce civil war.

5. That peace and tranquillity existing, as they do exist, in the whole Republic, with the exception of a few persons only in this capital who are trying to keep its inhabitants agitated and alarmed, it is indispensable that this unpatriotic work be prevented from continuing and the evil from extending beyond the capital.

It is resolved:

1. To summon Señor Diego Mendoza Perez, ex-minister of Colombia in Washington, to appear before the Government in this city to answer to the charges which have been made, by which he is declared a traitor to the country, it being understood that if he does not voluntarily present himself within a period of sixty days his extradition shall be requested through the department of foreign affairs.

2. To solicit the attorney-general of the nation to indict Señor Diego Mendoza Perez for treason to the country through the judicial division of the national police, taking the depositions of those persons who appear to be accomplices of Mendoza Perez or his agents for developing the destructive design advised in his letter of July 2, of the present year, published in New York, which has been extensively distributed in Colombia and the other Spanish-American countries. The indictment shall be prepared under the supervision of the attorney-general of the nation, and when found it shall be decided what court shall try Señor Mendoza Perez and his accomplices.

3. To specially charge the governor of the capital district and those of the departments, the chief of the garrison at Bogota, the gendarmerie, and the national police:

(a) To ascertain through their subordinate agents who the few persons are that are occupied in directing the anonymous circulars mentioned and in keeping the city disturbed, and who are the accomplices of Señor Diego Mendoza Perez or his agents in the furtherance of the anarchistic and destructive design counseled by him in his letter before mentioned. To this end the governor of the capital district shall specially make use of the alcaldes of the barrio (wards).

(b) That on the discovery of the person or persons previously referred to, notice shall immediately be sent to the war department in order to try them according to the law of the high national police, and to confine them at a military post where they shall be educated, by means of work, in the cause of peace and order, and to be useful both to themselves and to society.

4. To charge the governors to proceed with great zeal and energy to carry out this resolution, and in case it is abused owing to personal grudges, the decree referring to those who make accusations falsely or through anger shall be applied to the responsible parties.

5. To charge Colombian ministers and consuls abroad to ascertain who the accomplices or agents of Señor Mendoza Perez are, and to immediately advise this department what they may learn in this connection.

6. To rouse all citizens and especially public employees in order that they shall aid the police and the national gendarmes to carry out this resolution, whose principal object is to protect the honor and the tranquillity of the citizens and to finally put an end to false alarms, professional agitators and slanderers, and also to those who make accusations falsely or through anger. All public employees must be reminded that although they do not belong to the police, the gendarmes, or the army, their duty is to aid them to preserve order as well as to make known to their superiors whether there is in the public administration any incorrect act to be corrected.

Let it be published on posters and communicated by telegraph to the governors, in order that they may make it known to all inhabitants of the department under their control.

Issued at Bogota, August 16, 1906.

The minister of war.

Manuel M. Sanclemente.