No. 63. Mr. Fish to Mr. Perez. DEPARTMENT OF STATE, Washington, February 16, 1871. SIR: I have had the honor to receive your note of the 13th instant, on the subject of discriminating duties on Colombian vessels from Atlantic ports of that republic to similar ports of the United States. In reply I have the honor to state that, as the subject is obviously an important one, deliberation will be necessary properly to decide in regard to it. The opinion of the Secretary of the Treasury will be required for that purpose. This will be requested, without any delay which can be avoided. I avail, &c., No. 64. HAMILTON FISH. Mr. Perez to Mr. Fish. LEGATION OF THE UNITED STATES OF COLOMBIA, MR. SECRETARY: On the last occasions when I had the honor to coufer with you, you were pleased to state to me that the treaty ratified in 1848, between Colombia and the United States, may now be considered as no longer in force, according to the third part of its thirty-fifth article, because Colombia declared its intention of reforming it, as is seen in the notes which its minister sent to the Department of State on the 23d of January and 23d of April, 1867. You will permit me to repeat, in the present communication, my remarks in relation to this declaration, to the end that this point may be definitely settled, and that I may then inform my government thereof. In the first of said notes the Colombian minister gave notice that he was authorized to negotiate the renewal of the treaty before the expiration of the term fixed in its thirty-fifth article. It appears, therefore, that the main object was to renew the treaty, and to renew it in time. The modifications referred to only tended, in case of their acceptance, to perfect the relations between the two countries, the strengthening of which the Colombian minister said was the desire which actuated him. Such documents cannot, therefore, be considered as a notification of the cessation of the treaty, and, in fact, they have hitherto not been so considered. In both countries the treaty has been and still is considered as being in force, and as the basis of their mutual friendly relations. It would be possible, if necessary, to find antecedents of both govern ments in which the treaty has been, since those notes, recognized as being in force. The government of Colombia has recognized it as being in force by founding on it all the proceedings which it has initiated with the Department of State, and the American Government has recognized it as being in force under your esteemed signature, and that at a very recent date. In your communication of the 8th of February last, after stating the contents of the notes of the Colombian minister, in 1867, and quoting the provisions of the treaty relative to its remaining in force, and to the manner in which it was to terminate, you said as follows: It does not appear that any reply was made to the last-mentioned note, or that the discussion proposed by General Salgar took place. There is also nothing on record or on file here to show that the notes of General Salgar, referred to, were regarded and received as such a termination of the treaty as that for which the instrument itself provides. Nor does it appear that the Secretary of the Treasury of the United States has been informed that the treaty is at an end, and, therefore, that the privileges previously enjoyed under it by Colombia, in the ports of the United States, must be discontinued. In your note of the 16th of the same month you deigned to notify me that, in the matter which I had submitted to your consideration as connected with the treaty and depending upon it, the opinion of the Secretary of the Treasury had been asked. Up to those dates, therefore, the American Government entertained no doubts of the treaty's being in force. Subsequently, in relation to this matter, my reply has only been sent to your note of February 8, in which reply I stated that the instructions of my government are, to proceed in accordance with the treaty; and when my government may think proper to introduce any modifications in said treaty, it will propose them in due form. I therefore think that the American Government will have no objections to recognizing and declaring, now, that the treaty of 1848, between Colombia and the United States is, and has not ceased to be, in force according to its own pro visions. Meanwhile I avail myself of the occasion, &c., S. PEREZ. No. 65. Mr. Fish to Mr. Perez. DEPARTMENT OF STATE, Washington, May 27, 1871. SIR: Your note of the 15th ultimo, relative to the treaty between the United States and New Granada of the 12th of December, 1846, was duly received. Almost ever since, however, my attention has been so engrossed by other important business that it has been inpracticable to secure the leisure necessary to arrive at a satisfactory conclusion upon that subject. Now, however, I am happy to be able to announce that although literally and technically, pursuant to the clause of the 35th article of that instrument upon the subject, this government might hold that the application made by General Salgar for a revision of the treaty in anticipation of a lapse of the time fixed for its termination might be held to have brought about that result, the intentions of the parties at the time may, as you observe, be allowed to govern the question. General Salgar in his notice did not say that if his proposition should not be accepted the Colombian government would regard the treaty as at an end, and Mr. Seward does not appear to have received that proposition as a formal notice of termination. His silence upon the subject may fairly be construed as indicative of an opinion on his part that, so far as the interests of the United States were concerned, no change in the treaty was required, and the form of the application of Colombia may also be construed to imply that, although she might prefer the changes proposed in that application, she did not regard them as indispensable to its continuance. Under these circumstances it may be said to comport with the interests of both parties to look upon the treaty as still in full force, but as subject to revision or termination in the form and upon the terms stipulated. The instrument, upon the whole, is believed to have been mutually advantageous. It is true that the flag of Colombia may not have as often been seen in the ports of the United States as that of the latter in the ports of Colombia. This, however, should not be imputed to any defect in the treaty, but rather to the different circumstances of the two countries. A principal object of New Granada in entering into the treaty is understood to have been to maintain her sovereignty over the Isthmus of Panama against any attack from abroad. That object has been fully accomplished. No such attack has taken place, though this Department has reason to believe that one has upon several occasions been threatened, but has been averted by warning from this Government as to its obligation under the treaty. This Government has every disposition to carry the treaty into full effect. If, in the opinion of Colombia, the Executive of the United States should have insisted upon a construction of the clause prohibiting the coasting trade of one country to the vessels of the other, incompatible with that equality in matters of trade and navigation which other articles of the instrument promise, the merchants of Colombia may, on proper application to the courts of the United States have their rights under the treaty vindicated. We heartily desire any practicable and advantageous increase in the commercial intercourse between the two countries, and are by no means so selfish as to prefer that this should be carried on exclusively under the flag of the United States, especially if we should have promised that Colombia may share therein on equal terms. Recent events, which it is needless to particularize, may have made the transit of the Isthmus of Panama less indispensable to communication between the Territories of the United States on the Atlantic and those on the Pacific than when the treaty was concluded. Similar events, however, may, it is hoped, soon impart increased activity to other traffic between the United States and Colombia to the mutual advantage of both countries. I avail, &c., HAMILTON FISH. No. 66. Mr. Perez to Mr. Fish. LEGATION OF THE UNITED STATES OF COLOMBIA, MR. SECRETARY: As I have had the honor to ernment desires commercial relations between our countries to be increased as far as is suitable to both, and to this end I have solicited the co-operation of the United States, in accordance with the treaty, with regard to which I have not received a definitive reply. Meanwhile, in obedience to special instructions, I beg you to be pleased to inform me whether the American Government is disposed to aid with a subsidy a line of steam-vessels which it is proposed to estab lish between the ports of Columbia and those of the United States. As the government of Colombia is disposed to grant a subsidy to said steamers, and to grant them such other advantages as are in its power, the establishment of the line, if aid can be obtained from the United States, will be much more probable. If your reply is favorable, I shall take much pleasure in communicating it, together with the circumstances and conditions which shall be required by the United States. The two governments may thus act in harmony, and with the promptness which the matter demands. I avail, &c., No. 67. Mr. Fish to Mr. Perez. S. PEREZ. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 3d instant, inquiring if this government is disposed to contribute a subsidy toward aiding a line of steamers, which it is proposed to establish between the ports of Colombia and those of the United States. In reply, I have the honor to inform you that it is the exclusive province of Congress to grant a subsidy for the purpose to which you refer. That body is not now in session, but at its next meeting a copy of your note will be communicated for the consideration of the proper committees. The President heartily reciprocates the wish which you express on behalf of your government, that the commerce between the United States and Colombia may be increased so far as may comport with the interests of both countries. I avail, &c., HAMILTON FISH. No. 48.] COSTA RICA. No. 68. Mr. Fish to Mr. Blair. DEPARTMENT OF STATE, Washington, January 21, 1871. SIR: This Department has received a note from the minister for foreign affairs of Costa Rica, requesting a detail of two scientific engineers for the purpose of surveying a route for a wagon-road or railway between San José and the Atlantic. In the note a promise is made that the salaries and expenses of the engineers shall be promptly paid. Inclosed is the reply of the Department under a flying seal which you may close after reading the answer, which you will then deliver to Mr. Montufar. You will notice that although his request has been acceded to, the names of the engineers have not yet been determined upon and nothing is said about their compensation and expenses. Before they set out, however, it may be prudent that some definite provision, for the latter at least, should be made in advance by that government. You will consequently lose no time in endeavoring to make a satis factory arrangement upon this point, of the result of which you will apprise the Department. I am, &c., No. 69. HAMILTON FISH. No. 83.[ Mr. Blair to Mr. Fish. LEGATION OF THE UNITED STATES, San José, Costa Rica, March 10, 1871. (Received April 1.) SIR: I have the honor to acknowledge the receipt of your dispatch No. 48, of January 21, inclosing the answer of the Department to a note of the minister of foreign relations of Costa Rica, requesting a detail of two scientific engineers for the purpose of surveying a route for a road or railway between San José and the Atlantic. Immediately on receipt of your dispatch, I obtained an interview with the secretary of foreign relations, and delivered to him your note above mentioned. I at the same time said to him that it was desirable that some definite understanding should be had as to the compensation of the engineers and their expenses. Mr. Montufar said that he would advise with the president the following day, and inform me without delay what arrangement the govern ment proposed to make to carry out my suggestion. A fortnight having elapsed since my interview with the secretary, and not having heard from him on the subject, I take it for granted that the government has concluded to postpone, at least for the psesent, the proposed survey of a route for a road to the Atlantic. I have, &c., No. 70. JACOB B. BLAIR. No. 91.] Mr. Blair to Mr. Fish. LEGATION OF THE UNITED STATES, San José, Costa Rica, June 25, 1871. (Received July 14.) SIR: I have the honor to acknowledge the receipt of your No. 54, of the 15th ultimo. I have communicated with the secretary of foreign relations on the subject therein referred to. A copy of my note and a copy and translation of his reply thereto, I inclose herewith, the former marked inclosure No. 1, the latter No. 2. You will observe, on reading the note of Mr. Montufar to me, that he copies a note written by him, on the 25th ultimo, to the consul general for Costa Rica in New York and Philadelphia, in which they are di rected to make an arrangement with the claimants to pay off at once their entire claim, if they will make a discount for the amount advanced. It is probable that some such arrangement as this has by this time been made. As to that, however, the Department is of course fully advised. |
