Ernest Dichman to Pablo Arosemena, December 13, 1878

Mr. Dichman to Mr. Arosemena.

Sir: Under instructions from my government, I beg to call the attention of the honorable secretary to the following cases of the violation of treaty stipulations on the part of officials of the Colombian Government, relating to the question of registers and other official papers of vessels of the United States of America, which have been brought to the notice of the State Department by the consul of the United States at Barranquilla, and transmitted to me since my communication to your department of November 5, 1878:

First. The schooner “Thomas W. Holder,” lying in the Magdalena River in front of Barranquilla, was ready to go to sea, and her captain went to the office of the collector of customs for his register. Search was made for it, but it could not be found, and it was not until a day or two after the vessel was ready to sail that the register was discovered and placed in the hands of the captain.

I shall have the honor to present a claim for damages for the needless detention of this vessel, in connection with the claim to which reference is made in my communication of November 8, 1878.

Secondly. The brig J. Howland arrived in Sabanilla, when the custom-house officer took her register, and when the brig was about to sail for the mouth of the Magdalena River, the register of the vessel could not be found, and the brig was obliged to sail without it. Fortunately the brig entered the river without encountering bad weather, but had she been blown to sea the question would have been serious.

Thirdly. On the morning of September 19, 1878, the consul of the United States of America at Barranquilla, in pursuance with the authority and right stipulated for in article 33 of the treaty of 1846, and article 11 of the consular convention, made an application to the governor of the province of Barranquilla, demanding the arrest of a deserter from an American vessel. Compliance with the demand of the consul was refused by the governor, unless the consul should produce the register and muster-roll, as provided by the treaty. This the consul was unable to do, as the papers were in the custody of the Colombian authorities, and thereby a plain treaty stipulation was violated.

In my communication of November 5, 1878, I endeavored to present to the honorable secretary a view of the principles upon which rests the question of the custody of the registers of the vessels of the United States by the consuls of the nation in the ports of Colombia.

To this I beg leave to add that the granting of a right to the consuls of both nations, as the one of article 11 of the consular convention, necessarily carries with it the means for its enforcement, and that from this article, as well as from article 38 of the treaty of 1846, it would be difficult to draw any other inference than that the register, muster-rolls, and other official papers of vessels of both nations must be in the possession of their respective consuls.

As this is also in conformity with the practice of all the commercial nations of the world, the reason for such a maritime usage must arise from the practical advantages which it confers, and the spirit of reciprocity among nations, which is one of the most distinguishing features of the civilization of the nineteenth century.

This is also recognized by Colombia, as I had the honor of pointing out in my communication of November 5, 1878, in which I cited the law of Colombia (article 62, chapter 2, law 23, May 1, 1866) on the subject of the duties of Colombian consuls in foreign ports.

Any departure from a practice so well established by the common consent of all commercial nations is apt to lead to complications such as I have been instructed to bring to the notice of the honorable secretary.

I would also beg leave to suggest as a grave objection to the present regulation of the Colombian Government on this subject, that inasmuch as the execution of the same is confided to officers at a great distance from the seat of government, with slow and difficult means of communication, the hasty, careless, or inconsiderate action of such officers may endanger the good relations between the United States of Colombia and other governments, a danger which must far outweigh in importance the advantages which an adherence to the present system can possibly confer.

I trust that the honorable secretary will appreciate the importance of this cause of complaint between this government and that which I have the honor to represent, and that he will accord me the honor of an interview at as early a moment as may be convenient to him, in order that in a conversation, a protocol of which I would respectfully suggest to be kept for transmission to my government, the honorable secretary and I may arrive at a satisfactory settlement of the difficulty in question.

With sentiments of the highest consideration,

I am, &c.,