Scruggs to J. M. Quijano W., September 2, 1882

Mr. Scruggs to Mr. Quijano W.

The undersigned, minister resident of the United States, presents his most respectful compliments to the Hon. Señor Don J. M. Quijano W, secretary for foreign relations of the United States of Colombia, and begs to invite the honorable secretary’s attention to the following considerations:

• By the laws of the United States the master of any foreign merchant vessel must, within forty-eight hours after entry into any port of the country, deposit the ship’s register and other papers with the consular officer of the nation to which the vessel belongs; and he must deliver to the collector of the port the consul’s certificate that the papers have been so deposited. Failure on the part of the master to comply with this regulation, or failure on the part of the consul to retain the ship’s papers until a proper clearance is produced from the custom-house authorities, subjects the one to a fine of not less than $500 nor more than $2,000, and the other to a fine of not less than $500 nor more than $5,000. (R. S., sees. 4209 and 4211.)
• This law, which is reciprocal in its application, extending to the vessels of foreign nations in whose ports United States consuls have like privileges, has been in force for more than sixty years, and is believed to be in accord with established international usage. A similar regulation exists in every maritime country of Europe, and also in many of the principal maritime and commercial states of Asia. Experience has shown that it affords ample protection to the national revenue and compels obedience to port regulations; and it is specially commendable for its simplicity and convenience.
• The existing treaty stipulations between the United States and Colombia, whereby the consuls of each country in the ports of the other may demand from the local authorities the arrest of deserters from the vessels of their respective nationalities, is a specific recognition of the principle of reciprocity contemplated in the statute above cited. It is manifest, for instance, that unless the consul can have the custody of the ship’s register and muster-roll he can neither exhibit those papers to the local authorities nor make an intelligent or practical demand for the arrest of deserters from the ship. (See Art. III, Par. 2, of the consular convention between the United States and Colombia of May 4, 1850.)
• The Colombian law No. 40, of June 24, 1879, was, as the honorable secretary may remember, the outgrowth of the “diplomatic agreement” of July, 1876. It repeals the obnoxious law No. 60 of 1875, and thus places Colombia in accord with international usage and in harmony with her treaty stipulations above cited. It provides, for instance, that the master of a foreign merchant vessel entering Colombian ports shall deposit her register and papers with the consul of her nationality and take a receipt for the same, and that this consular receipt or certificate of deposit shall he delivered to the inspector of the port. When ready for sea, the master of the vessel must obtain a clearance from the inspector, exhibit this to the consul, and receive back the ship’s register and papers. Failure on the part of the master to comply with these regulations subjects him to a fine of from $500 to $1,000; and failure on the part of the consul to hold the ship’s papers until the inspector’s certificate of clearance is produced to him is sufficient cause for revoking his exequatur.
• This law, like that of the United States already cited, is in accord with the spirit of the consular convention between the two countries. It is likewise in accord with general usage; and when properly and faithfully executed can give no cause for complaint by maritime powers.
• But, if the undersigned is correctly informed, its execution at the free ports of Colon (Aspinwall) is practically defeated by a local or State law of Panama, which requires the inspector (a federal officer) to withhold the certificate of clearance until the shipmaster shall have produced to him a certificate from each and every local or State official of the place that there is nothing pending before them to detain the vessel. It further provides that to each of these collateral certificates must be attached a stamp duty of 80 cents; and it imposes an additional fee of $5, usually paid to some clerk in the office, for preparing the certificates in the Spanish language, and for obtaining thereto the signature of some petty official of the State or district, who, in most cases, must be sought in the streets or elsewhere than in a known and convenient place of business, thus causing unnecessary and unauthorized expense, as well as great annoyance and frequent delays, to merchant vessels of the United States visiting that port.
• The undersigned, therefore, respectfully submits, first, that this local edict or State law, by imposing additional taxes on foreign commerce, and by materially altering and amending a federal law of Colombia, is an assumption of powers which, under the Colombian Constitution, pertain exclusively to the national Government, and that it should therefore be held to be null and void; second, that it is in direct conflict with article 21 of the contract between the Colombian Government and the Panama Railway Company, which exempts vessels entering the free ports of Colon (Aspinwall) and Panama from the payment of tonnage and all other dues, taxes, contributions, or imposts whatsoever; and, third, that its enforcement against merchant vessels of the United States is in open violation of Article II of the treaty between the United States and New Granada (now the United States of Colombia) of the 12th of December, 1846, since it appears not to be enforced against British merchant vessels trading at the same port.
• For these reasons therefore, as well as in accord with that spirit of friendliness and fairness which ought, to characterize the commercial intercourse of the two Republics, the undersigned ventures to express the hope that the Executive of the Union will adopt some measures to put a stop to these petty discriminations against American vessels in Colombian ports. The law No. 40 of June 24, 1879, never contemplated these unnecessary and vexatious conditions, and it should be enforced impartially, and without amendment or interference by the local or State authorities of Panama.

The undersigned improves, &c.,