Letter

Ernest Dichman to C. E. Mansfield , Her Britannic Majesty’s, March 21, 1879

[Inclosure 2 in No. 62.]

Mr. Dichman to Mr. Mansfield.

Sir and Dear Colleague: I hasten to inform you of the receipt of your note of yesterday, and to state in reply that under date of February 4, 1879, the Government of the United States forwarded the correspondence which took place between it and the minister of Her Britannic Majesty at Washington on the subject mentioned in your note.

According to instructions, I shall take pleasure in co-operating with you in effecting an adjustment of the question relating to the custody of registers of foreign vessels in the ports of Colombia which will be satisfactory to the maritime powers.

Referring to the convention executed by Mr. Arosemena and myself, I desire to state that it differs from the arrangement of 1876, in so far that while the latter was merely a diplomatic understanding, to the validity of which your observation is quite relevant (a position which I was anxious to avoid), the former is a plain recognition of the rights of the United States and their consuls under the provision of the 33d article of the treaty of 1846, and section 11 of article 3 of the consular convention between the United States and New Granada.

This makes the convention a recognition and explanation by the political power of the United States of Colombia of rights acquired by the United States of America under the treaties in force between the two countries, which makes the convention, in my opinion, paramount as a national obligation to any local law in conflict with the same.

I fully agree with you that the Colombian law of 1875 ought to be repealed, and, in answer to your inquiry on this point, I desire to state that there was a distinct understanding between Mr. Arosemena and myself to the effect that the Colombian executive should urge the repeal of the law upon Congress.

With this understanding Mr. Arosemena has fully complied, as you will see on pages 72–79 of his report, which has only just now been published in book form.

Reference was also had to the repeal of the law in executing the convention, the first four articles of which are substantially a translation, with a few modifications, of the law of the United States on the same subject. The object of this was that the first four articles might be used as a basis or draft for a law to be enacted by the Colombian Congress. I am also informed that the present secretary of foreign relations is preparing a note on this subject to be transmitted to Congress next week.

There is quite an extensive correspondence on file at this legation which has taken place on this subject, which I shall take pleasure in submitting for your perusal at any time you may be pleased to indicate.

It is, perhaps, needless for me to remark that any suggestion in relation to this matter which you may be pleased to make shall receive my immediate and careful consideration.

I have the honor to be, sir and dear colleague, your most obedient servant,

ERNEST DICHMAN.

The Hon. C. E. Mansfield, Her Britannic Majesty’sMinister Resident,

Sources
FRUS u2014 Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the P.