File No. 10511/1.
Minister Dawson to
the Secretary of State.
American Legation,
Bogota, November 8,
1907.
No. 14.]
Sir: I have the honor to inclose herewith a
copy and translation of a protocol recently signed here between the
minister of foreign affairs and the Chilean chargé which settles the
long-pending claim arising out of the destruction of the steamer Lautaro, under the Chilean flag, while in the
service of the Department of Panama. An agreement was reached between
the two governments in 1902, responsibility admitted by Colombia, and
some payments made. A year and a half later Panama declared her
independence, and with the restoration of regular government and
solvency under President Reyes, the Colombian administration represented
to the Chilean that it was inequitable to require the new and smaller
Colombia to pay in full a debt contracted by and on account of a seceded
department. This was, however, not insisted upon as a matter of right
under international law, but on equitable grounds. By the final
agreement the interest and one-third the principal are forgiven.
A careful reading of the recitals of the protocol shows, I think, that
from them it can not fairly be inferred that Colombia insists or Chile
admits that a continuous governmental entity is not responsible
integrally for prior acts and agreements. The recitals are, however, not
as clear on the point as they might be.
You will not fail to observe that the protocol in question explicitly
recognizes the fact of Panama’s separation in the following words: “the
Department of Panama which has separated itself from Colombia.” (See
fourth and fifth lines of the second paragraph.)
I have, etc.,
[Inclosure.—Translation.]
protocol.
In Bogota on the 28th of September, 1907, there met in the department
of foreign relations Gen. Vasquez Cobo, minister of foreign
relations of Colombia, and the Hon. Dr. Emilio Rodriguez Mendoza,
chargé d’affaires ad interim of Chile, for the purpose of agreeing
on the terms of a convention to modify the (convention) which was
made in Bogota October 17, 1902, between Felipe F. Paul, minister of
foreign relations of Colombia, and Francisco J. Herboso, envoy
extraordinary and minister plenipotentiary of Chile, by which the
form of payment of the amount owed by the Colombian government for
the burning and sinking of the ship Lautaro,
belonging to the South American Steamship Company, was agreed.
The minister of foreign relations of Colombia and the chargé
d’affaires of Chile being moved by the sentiments of closest
cordiality which to-day exist between the Republics of Colombia and
Chile and between their respective Governments, and also taking into
account the fact that the Lautaro was lost
while serving the Department of Panama which has separated itself
from Colombia, and that the latter has already paid a large part of
her value, and being fully authorized thereunto by their
Governments, have agreed as follows:
- 1.
- The balance amounting to £37,000 sterling, viz: £30,000 as
principal and £7,000 as interest, which the Colombian
Government owes according to the
[Page 294]
Paul-Herboso protocol, is by mutual
agreement reduced to £20,000 sterling. Therefore, from the
total amount should be deducted £7,000 interest and £10,000
principal.
- 2.
- The payment of this £20,000 sterling shall be made in ten
installments of £2,000 each month, the first payment to be
made not later than October 5, proximo.
- 3.
- Payment shall be made in drafts on London drawn to the
order of the manager of the South American Steamship
Company, and at not to exceed thirty days’ sight. They shall
be delivered to the Chilean legation in Bogota.
- 4.
- The drafts referred to in the preceding paragraph shall be
exempt from payment for stamps and in general from any
Colombian tax.
In faith whereof we sign the present protocol and seal it with our
personal seals.
[
l. s.]
A. Vasquez Cobo
.
E. Rodriguez
Mendoza
.
Approved.
[
l. s.]
National Executive,
Bogota,
October 2, 1907.
R. Reyes
.
A. Vasquez Cobo,
The Minister of Foreign Relations.
