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could not leave this capital. The foreign office advised the legations that by certifying to the neutrality of the persons applying for passports the ministry for war would cause the passports to issue. The foreign office furnished a form of certificate, which was revised by this legation and, I think, accepted by all the others.
The revision made by this legation consisted in inserting the words “segun todos los informes que tengo de él (from all the information that I have of him), which seemed to leave the certificate as little objectionable as possible, though, perhaps, none the less a theoretic absurdity. This legation, among others, was quick to represent to the ministry for foreign affairs the irregularity of the proceeding and the unwarranted assumption of hostility toward the Government. The ministry for foreign affairs regretted and disavowed the assumption, but pointed out that as the matter was in the hands of the ministry for war, there was nothing to do but comply with the requirements of that ministry if passports were desired.
This was the condition which confronted the legations. There was no way to compel the issue of passports. Failure to secure those necessary documents meant great hardship to most of the persons who sought them, and hardship, I take it, without any hope of redress.
Referring in this connection to the Department's several instructions in respect of persons and materials, even much-needed food supplies, destined for the interior and detained arbitrarily for long periods at the coast, the present minister of war has admitted to me that unhappily the governor who did these things regarded all foreigners as enemies to his country, and that largely on this account another has been appointed governor. This assumption of hostility has been in the air even more than in public orders, and this has made it difficult to lay hands on it in the concrete. Passports could be denied to foreigners because they were foreigners, as is known to have been done in Cartagena and Barranquilla, but it was easier to know it than to prove it; and if the governor did not wish to issue the passports he withheld them, and that was the end of it. The Department has reason to know that this has cost American citizens heavily.
Certificates are no longer required, passports being issued without them. In view of the Department's instructions, of course this legation will not issue another such certificate under any circumstances; and yet at the time of doing it the very hard conditions did seem to justify what was done.
In view of the oral representations made by this legation to the minister for foreign affairs, and of the assurances, including those of recent date, given to me by the present minister for foreign affairs, my note to him, pursuant to the Department's instructions, is couched in milder terms than otherwise it would have been. I trust that this may be approved by the Department. I am, etc.,
CHAS. BURDETT HART.
is a citizen of the United States of America. From all the information I have of him he is neutral in all that relates to the domestic politics of the Republic of Colombia, and he desires that there be issued to him the passport necessary for his journey.
LEGATION OF THE UNITED STATES,
Bogotá, September 9, 1902. Sır: Referring to the several conversations which I have had the honor to have with your excellency in respect of citizens of the United States of America availing themselves of their conventional rights of visit and sojourn in the Republic of Colombia, which conversations grew out of the fact that certain of the Colombian authorities have held all foreigners to be public enemies, I am instructed to inform your excellency's Government that my Government can not acquiesce in this extraordinary assumption in so far as it relates to citizens of the United States of America. At the same time justice compels me to say that, in the conversations above referred to, your excellency was prompt to disavow on behalf of the Colombian Government the offensive grouping of all foreigners in the Republic under the head of public enemies.
Furthermore, my Government does not approve of any form of certification on the part of this legation to the neutrality of citizens of the United States of America visiting or sojourning in the Republic of Colombia, since the presumption of alien neutrality exists under international law and comity, and must be presumed until the contrary be shown. The certificate required some time since by your excellency's Government in behalf of foreigners applying for passports related to a matter which can not be within the official knowledge of the diplomatic officer, and therefore my Government holds that he can not be expected to make any sort of official certification thereto. I avail, etc.,
Chas. BURDETT HART.
Mr. Till to Mr. Ilart.
DEPARTMENT OF STATE,
Washington, October 31, 1902. Sir: I have to acknowledge the receipt of your No. 660, of the 9th ultimo, relative to the certification by the legation to the neutrality of citizens of the United States visiting or sojourning in the Republic of Colombia, and transmitting copies of the form of certificate in question, and your note of September 9 last to the minister of foreign affairs on the subject.
In reply I have to say that the form of certificate is objectionable, and contravenes our statutes, because certifying originally to the citizenship of the bearer, which makes it a paper in lieu of a passport. Citizenship can only be certified by a regular passport. The fact of citizenship could have been made to appear through the expedient of certifying that the bearer holds a passport issued by the Department of State (or by a legation, as the case may be), dated so and so, attesting his quality as a citizen of the United States. This should be borne in mind if the question of issuing these or similar certificates should at any time recur.
Your note of September 9 to Dr. Paul appears to be sufficient, under the circumstances, to establish the position taken in the Department's instruction No. 410, of July 22, 1902. I am, etc.,
David J. Hill,
Acting Secretary. P. S.-In connection with this general subject, you are referred to the Argentine precedent, Foreign Relations, 1894, page 19, and Uruguayan case, Foreign Relations, 1897, page 593.
PROTECTION OF CUBAN INTERESTS BY UNITED STATES
Bogotá, August 10, 1902. (Referring to Department's telegraphic instructions concerning the protection of Cuban citizens and interests by United States consufar officers, Mr. Hart reports that the Colombian Government has notified him that it grants the request, and will instruct governors accordingly. United States consular officers have been instructed by telegraph by Mr. Hart.)
PROTECTION BY UNITED STATES CONSULAR OFFICERS OF CHINESE ON THE ISTHMUS OF PANAMA.
Mr. Aded to Mr. llart.
DEPARTMENT OF STATE,
Washington, August 30, 1902. SIR: I inclose for your information copies of a note from the Chinese minister at this capital and of the Department's instruction of the 27th instant to the United States consul-general at Panama in regard to the protection to be afforded to Chinese subjects by the United States consular officers on the Isthmus of Panama. I am, etc.,
ALVEY A. ADEE,
Mr. Adee to Mr. Gudger. No. 158.]
DEPARTMENT OF STATE,
Washington, August 27, 1902. Sir: I inclose herewith copies of correspondence between this Department and the Chinese minister at this capital in regard to the protection of Chinese subjects on the Isthmus of Panama.
You will consult the Department's instructions on file in your office, No. 34,0 August 26, 1885,
and No. 7,4 July 8, 1893, and with the consent of the
a Printed, page 6.
Printed, p. 262.
Mr. Porter to Mr. Adamson. No. 34.]
DEPARTMENT OF STATE,
Washington, August 26, 1885. Sir: I inclose herewith for your information a copy of a memorandum handed to the Secretary of State from the Chinese minister in Washington, communicating the desire of the Imperial Chinese Government that the consuls of the United States on the Isthmus of Panama shall be instructed to lend their good offices for the protection of Chinese subjects in that quarter.
The favor thus asked is analogous to that which the United States have granted to Switzerland for fifteen years past. By reference to the Department's circulars Nos. 11 and 15 of the 16th June and 15th December, 1871, the conditions will be found stated under which the good offices of our consular establishment may be exercised in countries or places where there is no Swiss representative. The same rules apply, in the present instances, to the protection of Chinese subjects on the Isthmus. The consular officers of the United States at Panama and Colon are given permission to take upon themselves, with the consent of the Colombian authorities, the function of
Colombian authorities use your good offices in behalf of any Chinese subject in your district who may request them in the absence of recognized Chinese representation. I am, etc.,
ALVEY A. ADEE,
representing for the time being the interests of the Chinese Government so far as may be demanded by the circumstances of any special case affecting a Chinese subject residing on the Isthmus. When the consular officer so acts he becomes, for the precise matter in hand, to a certain extent the agent of the Chinese Government as to the services he may perform for its subjects, and, as touching responsibility for his acts in relation thereto, it must be deemed to rest with the Government of China, which has solicited his good offices. It is, however, to be distinctly understood that the United States consular officer shall not thereby be held to become a consular officer of the Chinese Government, for such employment is prohibited by the Constitution to officers of the United States who are citizens. The consent of the Colombian authorities is not expected to take the shape of a formal exequatur, whereby the American consul becomes, for the time, in their eyes, the Chinese consul also; but is supposed to be limited to admitting the use of the consul's good offices in behalf of any Chinese subject in his vicinity who may request them in the absence of any recognized Chinese representative.
By reference to a further circular of the Department dated March 19, 1882, which should also be found on your files, it will be seen that the Swiss Government has made provision for reimbursing to the Government of the United States the amount of such expense as may be actually incurred by our officers in extending protection to Swiss citizens, under the circumstances above stated, on presentation of the proper accounts. The Chinese minister has not yet made similar provision, but his attention has been drawn to this practical aspect of the matter, and it is not doubted that only actual and unavoidable expense, shown to have been incurred on behalf of Chinese interests, will be cheerfully borne by the Chinese Government.
In order to avoid delays in the present disturbed condition of communication with Bogotá, I have thought it best to bring the matter directly to the attention of the Colombian minister in Washington instead of approaching his Government through Mr. Scruggs, and I have accordingly requested Señor Becerra, who, it is understood, is in direct relation with the Isthmian authorities, to acquaint the latter with the desire manifested by the Government of China and the disposition of the Government of the United States to accede thereto, and to solicit from them the issuance of such orders as will suffice to attain the friendly object in view.
Pending his response, this instruction is sent to you for your guidance in the event of occasion presenting itself for the discreet and amicable use of your good offices on behalf of Chinese subjects who may need them. By conference with the local authority at Panama you will doubtless be able to obtain cheerful recognition of the limited and unofficial function which this instruction authorizes you to assume.
I am, etc.
JAMES D. PORTER,
Mr. Strobel to Mr. Mifquain.
DEPARTMENT OF STATE,
Washington, July 8, 1893. SIR: The Department has received a note dated the 28th ultimo from the minister of China at this capital, in which he calls attention to the Department's instructions to your predecessor, Mr. Thomas Adamson, touching the extension of friendly protection to Chinese subjects residing on the Isthmus of Panama.
He states that there is at present no diplomatic representative of China on the Isthmus, and asks that, in view of the retireinent of Mr. Adamson, those instructions may be renewed to you. The instructions referred to are No. 37, dated August 26, 1885,
the original of which is on file in your consulate-general, and to which you are referred.
I have now, therefore, to instruct you to continue the desired protection under the limitations indicated in said instructions. I am, etc.,
Edward H. STROBEL,
Third Assistant Secretary.
ESTABLISHMENT OF INDEPENDENT GOVERNMENT IN CUBA.
General Wood, Military Governor of Cuba, to the Adjutant-General
of the Army.
HABANA, CUBA, May 20, 1902. I have the honor to report to you that in compliance with instructions received I have this day, at 12 o'clock sharp, transferred to the President and Congress of the Republic of Cuba the government and control of the island, to be held and exercised by them under the p20visions of the constitution of the Republic of Cuba. The documents sent to me were read, and Mr. Palma, in accepting the responsibilities on behalf of the island, expressed himself in kind and endearing words and thanked the Republic of the United States and its officials for all that has been done for Cuba and for the fulfillment of promises made. The ceremony was most impressive, and I embark on the Brooklyn with my staff for the United States.
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, COMMENDING TIMELY CONSIDERATION OF MEASURES FOR MAINTAINING DIPLOMATIC AND CONSULAR REPRESENTATIVES IN CUBA AND FOR CARRYING OUT THE PROVISIONS OF THE ACT MAKING APPROPRIATION FOR THE SUPPORT OF THE ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1902.
To the Congress of the United States:
I commend to the Congress timely consideration of measures for maintaining diplomatic and consular representatives in Cuba and for carrying out the provisions of the act making appropriation for the support of the Army for the fiscal year ending June 30, 1902, approved March 2, 1901, reading as follows:
Provided further, That in fulfillment of the declaration contained in the joint resolution approved April 20, 1898, entitled “For the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect," the President is hereby authorized to “leave the government and control of the island of Cuba to its people” so soon as a government shall have been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba substantially as follows: