Felipe Zapata to True translation from the original on file in this legation. S. A. HURLBUT, December 27, 1871

Mr. Zapata to Mr. Hurlbut.

The undersigned, secretary of the interior and for foreign relations of the United States of Colombia, has received the note bearing date the 1st day of December current, which General S. A. Hurlbut, minister resident of the United States of America, addressed to him, the object of which is to present a claim for losses and damages arising from the capture of the steamer Montijo executed by certain private individuals in the national waters.

This claim, having been very carefully examined under the lightof the doctrines and customs of the law of nations, and especially with strict attention to the articles of the treaty which controls the relations between this republic and that which is so well represented by your excellency, the undersigned has very soon come to the conclusion that the parties interested possess no right to demand of the national government the indemnity which they seek for.

On general principles governments are not responsible for the losses and damages which foreigners within the limits of the respective jurisdictions may suffer by reason of common crimes, except in cases in which a notorious denial of justice can be proved in relation to the special attempts which have given origin to such losses and damages. As, in such cases, the work of justice consists in apprehending the persons guilty of the wrongful act, in prosecuting them in due form, and applying to them the punishment fixed in the penal code, if they shall be convicted; it is evident that the single fact of not commencing nor carrying into effect legal proceedings against the guilty parties may be a ground for reclamation against the government which fails in the duty of giving protection to individual rights.

If, in addition to this, governments were bound to compensate for the losses and damages suffered by foreigners, then immigration, far from being considered as a benefit for a nation which encourages it, must be looked upon as a misfortune, and, instead of encouraging and stimulating it by offering aid, prerogatives, and exemptions, each; nation would endeavor, on the contrary, to avoid it, in order to free itself from reclamations in the innumerable cases of loss and damage which the crimes of individuals might cause to the immigrant.

Your excellency is perfectly aware that the capture of the steamer Montijo was an, act committed by certain individuals who were admitted by the officers of the ship as passengers, to be carried from the port of David to the city of Panama.

The government of the republic, at the same time that it has deplored and execrated: this act of violence, has taken, and continues to take, all the means in its power to the end that these persons may be prosecuted and punished. Nothing more is demanded or can justly be demanded of any government.

The existing treaty between the two republics does not contain any stipulation which could specially serve as a basis to sustain such a demand.

Both parties are by this document bound reciprocally to bestow their special protection to the persons and property of the citizens of either, of all professions, traveling or resident in the territories subject to the jurisdiction of either, “leaving open and free to them the tribunals of justice for their judicial recourse on the same terms which are usual and customary with the natives or citizens of the country.” This is all.

The undersigned renews to your excellency the assurances of the high and distinguished consideration with which he remains, yours, &c,