memorandum., October 1, 1885

memorandum.

The decree No. 173 (February 10, 1885) involves principles which it is believed foreign Governments represented in Colombia will never accede to; because—

• While it may be a question how far a Government is responsible for acts of insurgents, there is no question that it is bound to use all possible means to protect resident citizens of foreign Governments against such acts. How, then, can Colombia, in justice to such denizens or to the Governments whose citizens they are, take advantage of her failure to so protect them by imposing upon them penalties based on the very acts she was bound to prevent? The persons thus doubly taxed were compelled by superior force to submit to the alternative of paying import duties to the authorities in actual possession of the custom-houses or of the complete loss of their property. Suppose they had adopted the latter instead of the former alternative; would it be pretended, in such case, that they ought to be taxed because the Government allowed them to be robbed? And the principle in both cases is the same.
• Again, to enforce the decree would be to assume retroactive jurisdiction over a port confessedly not within the control of the Government; and if this power be claimed in virtue of the fact that, by an earlier decree, the port was declared closed, the reply is that such a “paper blockade” is neither legal nor obligatory, as demonstrated in Mr. Bayard’s note to Dr. Becerra of April 24 last, a copy of which ishere-with submitted.

In accord, therefore, with this position, I have upon my own responsibility (in advance of instructions from my Government on the subject) written to the United States consul at Barranquilla to advise American citizens to refuse to pay the fines indicated; but rather to allow their goods to be sold by order of the Government, should extreme measures be resorted to.