Charles Adams to Mr. Saraizabel et al, February 18, 1881

Mr. Adams to Mr. Saraizabel et al.

Messrs. Saraizabel, Davin, Maldonaldo, and others, subjects of Spain in La Paz, Bolivia:

Gentlemen: I have the honor to acknowledge the receipt of your communication of the 11th instant, in which you ask me to transmit to the Government of Boliva, in an official manner, a document signed by the Spanish subjects of La Paz, praying for an exemption from the forced loan lately decreed, and in which you ask my help and protection, basing your request upon the fact that Spain has no representative of its own near the Government of Bolivia, and that you feel yourselves authorized by common international usage to call upon me as the representative of a friendly nation.

In reply to your polite and dignified letter, I am sorry to be obliged to inform you that I cannot comply with your request, inasmuch, by the established usage of nations, and in compliance with the rules made for the ministers of the United States by its government, it is required that the request for diplomatic protection of subjects of another country by any minister of the United States should come from the government of such country, and should he acknowledged by the government where both reside.

In cases where the life, liberty, or property of a foreign subject or citizen, not represented, has been in danger either from local persecution or foreign invasion, it has been customary for such foreigner to claim the help and protection of the representative of a friendly nation, and, without a previous request from his own government and the usual formalties, it has been accorded freely and fully, especially by ministers of the United States, at different times and occasions; but this case, involving as it does no act of persecution or injustice even, but simply the rights and duties of foreigners under established treaty stipulations, into a discussion of which I am not prepared to enter, offers no reason for my official interference, especially as I cannot deny that a sovereign nation has the right, even in time of war, to levy extraordinary taxes, not upon the person, but the property and business of its inhabitants, and as long as no distinction is made in the assessment of this tax—called strangely, for what reason I know not, a forced loan (emprestito forzoso), although legally authorized by a constitutional Congress of the republic—I do not feel warranted in throwing obstacles in the way of the government, and did and shall advise my own countrymen to pay the said tax.

I have the honor, in returning to you, gentlemen, the document referred to, to assure you of my highest respect and consideration, and to subscribe myself,

Your very obedient servant,