File No. 4344/5.
Chargé Heimke to
the Secretary of State.
American Legation,
Bogotá, December 29,
1906.
No. 139.]
Sir: I have the honor to transmit herewith a
copy and translation of a letter addressed to me on the 17th instant by
Mr. Teófilo F. Lian, as attorney for Mr. Ricardo A. Deeb, an American
citizen, residing in this city, with reference to a claim presented by
the latter several years ago against the Colombian Government for losses
sustained by him through the action of the federal and the insurgent
troops during the civil war, or rebellion, that existed in Colombia in
the years 1901 and 1902, in which letter Mr. Lian complains of the delay
of the Colombian Government in reaching a settlement of the claim in
question, and requested the exercise of the good offices of this
legation with that Government for an early adjustment of the matter.
In looking into the record of this case in the legation I found that
Minister Barrett had addressed a note to the foreign office on the 27th
of July last, in which he transmitted to that office certain papers
named in his note, stating at the same time that, inasmuch as the claim
in question had already been formally considered by the foreign office
and that in response to its requirements the claimant had obtained and
filed therewith certain additional necessary papers in the case, he
requested the minister for foreign affairs to give the claim of Mr. Deeb
that full and just attention which it might deserve and then propose the
Colombian Government’s terms of settlement as soon as convenient.
As I found that no response had been made to Minister Barrett’s before
mentioned note, I addressed one to the minister for foreign affairs
yesterday (copy inclosed), in which I called his attention to the
unsettled claim of Mr. Deeb and to the fact that up to the present time
this legation had not been favored with a response to Minister Barrett’s
note of July 27 last, and concluded with a request to be advised of the
present status of the matter, and, if it were proper for me to ask, what
steps are being taken for a liquidation of the claim in question, which
action I communicated to the attorney for the claimant in a letter
addressed to Mr. Lian yesterday, a copy of which is herewith
inclosed.
This morning I received a note from the minister for foreign affairs,
dated to-day (copy and translation herewith inclosed), in answer to mine
of yesterday, in which he informed me that the claim of Mr. Deeb in
reference is in course of verification, and that the examination and
study of the matter would be hastened, in order that a decision thereon
may be reached within the least possible time, which information I
imparted to Mr. Deeb in an interview with him at this legation, with
which he seemed pleased, since, he said, this was the first intimation
that had reached him that the Colombian Government had taken under
serious consideration the adjustment of his claim; but requested, as his
business called him out of Bogota frequently and for long periods of
time, that this legation call the attention of the foreign office to the
existence of his claim from time to time, so that it would not be
forgotten—a claim for horses, mules, [Page 288] cattle, and merchandise taken from him by the federal
and insurgent troops during the late rebellion in Colombia, as before
stated, the value of which, Mr. Deeb states, amounts to between $74,000
and $75,000 gold. I promised Mr. Deeb that this legation would be
pleased to continue to use its consistent good offices with the
Colombian Government toward a speedy and an equitable adjustment of his
claim, which action I trust will meet the approval of the
department.
Inasmuch as I have made reference in this dispatch to Minister Barrett’s
note to the foreign office in connection with this matter, I inclose a
copy of the same.
I have, etc.,
[Inclosure
1.—Translation.]
Mr. Lian to
Chargé Heimké.
Bogotá, December 17,
1906.
Dear Sir: In my character as attorney for
Mr. Ricardo A. Deeb, an American citizen, I have the honor to
address your excellency, in order to give you some information on
the matter of the relation of that legation with my constituent, Mr.
Deeb.
Some years ago the said Mr. Deeb initiated a claim against the
Colombian Government in the ministry of war. From there it passed to
your honorable legation, and afterwards to the ministry of foreign
affairs, where, after a long delay, an order was issued requiring
more proofs, which were duly furnished.
The honorable representatives of the United States, Messrs. W. W.
Russell, Alban G. Snyder, and John Barrett, made several personal
exertions and through notes, copies of which should be among the
files of that legation, without having been able to obtain a
definite decision for this claim, in spite of the many offers made
by several of the ministers for foreign affairs.
Although this claim had been given a diplomatic character, by means
of which it was exempt, in a certain way, from carrying out certain
prescriptions (or formulae), my constituent has taken the utmost
care to comply with every requisite, which, according to the laws of
the country, could be found necessary for the respective documents.
For this reason I take the liberty of inclosing to-day the
certificate of nationality of the claimant and the proof of his
neutrality, which was attested by the very honorable declarations of
Gen. Pedro Leon Moreno (chief of the government in the region where
the expropriations took place), and of Dr. Rafael M. Ponton, an
official employed by the Government to issue passports to neutral
foreigners during the last revolution.
This, then, is to have it known, in the most respectful but also in a
firm manner, in the name of my constituent (or client), that I
present to your excellency my formal protest against the unjust
delay which the claim mentioned has suffered, and I beg your
excellency to use your good offices in order to obtain the decision
to which, in justice, an American citizen is entitled.
Your excellency will please to accept, etc.,
[Inclosure 2.]
Chargé Heimké
to the Minister for Foreign
Affairs.
American Legation,
Bogota, December 28,
1906.
Mr. Minister: On the 27th of July last, a
few days before his departure from Bogota for the United States,
Minister Barrett had the honor of transmitting to your excellency
certain documents in the matter of the claim of Ricardo A. [Page 289] Deeb, an American citizen,
for losses sustained by him through the action of the federal and
the insurgent troops during the civil war that existed in Colombia
in the years 1901 and 1902, and requested that the claim in question
be given that attention by your excellency which it deserved, in
order that a settlement of the same might be effected, to which note
this legation has not yet been favored with a response.
As the claimant has appeared and represented that the nonpayment of
this debt, amounting, without interest, to between $74,000 and
$75,000 gold, has been extremely prejudicial to his interests and
importuned this legation to use its good offices with the Colombian
Government for an early adjustment of his claim, I have the honor to
request your excellency to be so good as to advise me of the present
status of the matter, and, if it is proper for me to ask, what steps
are being taken for a liquidation of the same.
With this motive I take, etc.,
[Inclosure 3.]
Chargé Heimké
to Mr. Lian.
American Legation,
Bogotá, December 28,
1906.
Dear Sir: Referring to your letter of the
17th instant, relative to the claim of your client, Mr. Ricardo A.
Deeb, an American citizen, against the Colombian Government for
losses sustained by him through the action of the federal and the
insurgent troops during the civil war that existed in Colombia in
the years 1901 and 1902, which claim is now before the Colombian
Government for consideration, I beg to inform you that I have this
day addressed an official note to the foreign office in which I
stated that as the claimant had appeared and represented that the
nonpayment of his claim, amounting, without interest, to between
$74,000 and $75,000 gold, has been extremely prejudicial to his
interests and had importuned this legation to use its good offices
with the Colombian Government for an early adjustment of his claim,
I requested to be informed of the present status of the matter, and
asked what steps are being taken for a liquidation of the claim in
question.
As soon as I have received a response from the minister for foreign
affairs I will advise you.
I return herewith, for retention by Mr. Deeb, the following-named
documents which you kindly transmitted to me with your
before-mentioned letter, as these papers may prove useful to your
client:
- First. Certificate of the nationality of the
claimant.
- Second. The proofs of his neutrality during the war in
Colombia during the years 1901 and 1902.
Yours, very truly,
[Inclosure
4.—Translation.]
The Minister for Foreign
Affairs to Chargé Heimké.
Republic of Colombia,
Department of Foreign
Affairs,
Bogotá, December 29,
1906.
I have the honor to acknowledge the receipt of your courteous
communication of yesterday.
The matter of the claim to which said communication refers, presented
by Mr. Ricardo A. Deeb, for damages in the late rebellion, is in
course of verification, and it is pleasing to me to inform you that
the examination and study of the matter will be hastened, in order
that a decision be reached within the least possible time.
I avail myself, etc.,
[Page 290]
[Inclosure 5.]
Minister Barrett to the Minister for
Foreign Affairs.
American Legation,
Bogotá, July 27,
1906.
Mr. Minister: I have the honor to inclose
for your excellency’s kind consideration, first, the formal legal
papers in the claim of an American citizen, one Ricardo A. Deeb, for
losses sustained by him during the civil war, 1901–2, in Colombia,
as a result of the action of both the government and insurgent
troops; second, a translation of a statement dated September 16,
1905, made by the Colombian foreign office in regard to further
papers and evidence required in this claim; and, third, a duplicate
copy of a letter dated June 11, 1906, filed in this legation by the
claimant, Ricardo A. Deeb.
Inasmuch as this claim has already been formally considered by the
foreign office, and as, in response to the requirements of that
office, the claimant has obtained the additional papers and evidence
necessary, I have the honor to request that your excellency will see
that this claim is now given the full and just attention that it may
deserve.
In view of the fact, moreover, that the claimant declares that he is
caused much financial loss by the delay in adjusting this matter, I
beg to suggest most respectfully that your excellency’s Government
may find it convenient to go over the new evidence carefully and
then propose its terms of settlement as soon as convenient.
Your excellency will please accept, etc.,
