No. 64.
Mr. Adams
to Mr. Evarts.
Legation of
the United States,
La
Paz, February 24, 1881. (Received
April 26.)
No. 61.]
Sir: I have the honor to transmit herewith the
correspondence which has taken place between some Spanish subjects residing
in La Paz and myself, upon the question of a war-tax levied upon the people
of Bolivia by the late Congress and now about to be enforced.
You will perceive that I have refused to accommodate these gentlemen, for
aside from the consideration that the request for my official interference
should have come from the Spanish Government directly, or its minister at
Lima, I consider the tax referred to not one of an extraordinary character
as implied by the treaty mentioned in the petition, as it was decreed by a
Congress and imposed upon all inhabitants of the republic in proportion to
their property.
A question of this kind upon application of American citizens residing in
Mexico was at the time decided by the then minister, Mr. Corwin, in the same
spirit, and his action was approved by the Department, so that although my
reply to this—a test petition, which was to have been followed by others—has
obviated all further resistance on the part of other foreigners. I feel that
in advising Americans, even, to pay, I have acted properly and in accordance
with international comity.
I have, &c.,
[Inclosure 1 in No.
61.—Translation.]
La
Paz, February 11,
1881.
To his Excellency General Charles
Adams,
Minister Resident of the United
States of America, present:
Mr. Minister: We, the undersigned, Spanish
subjects resident in this city, see ourselves obliged to trouble your
excellency and to request your assistance towards a petition, which we
are compelled to direct to the supreme government of this republic,
which petition, praying for an exemption from the extraordinary
contribution now actually demanded from Bolivian citizens, is attached
to this note.
We request your protection, most excellent sir, on account of the known
absence of a diplomatic representative of His Majesty the King of Spain
to a simple consular agent in all the territory of the republic, in
which case the international practice of civilized nations authorizes us
to have recourse to the representative of a nation friendly to our own,
who cannot refuse to assist us if he is convinced of the justice of the
reclamation.
In the present case your excellency will perceive that our request cannot
be more just, and the minister of the United States, a nation so
friendly to Spain, cannot do less than accede to our demand.
Your excellency will, therefore, be kind enough to present our petition
to the supreme government near which you are worthily accredited, and to
duly favor the same, being assured that by so doing you will not only
earn our gratitude, but also, as may be imagined, that of the Government
of His Catholic Majesty.
With this motive we have the high honor to subscribe ourselves your
excellency’s obedient and respectful servants,
- MIGUEL SARAIZABEL.
- JAIME DAVIN.
- EDUARDO Q. MALDONALDO.
- ANJEL BAJINETA.
- CELSO COMELLAS.
- DOMINGO DE ITURDE.
- JUAN FORRENS.
- JUAN RUDON.
- LIZANDRO RUDON.
- MIGUEL SOL.
- JUAN CORES.
- JOSÉ HERRERA.
[Page 87]
[Inclosure 2 in No.
61.—Translation.]
Mr. President of the Republic: Asking a
declaration of exemption of what they mention, founded on the
international laws they quote:
The undersigned, Spanish subjects resident in this city, through the
organ of the minister for foreign affairs, and by the mediation of the
minister resident of the United States of America, not having a
diplomatic or consular agent of their own nation, most respectfully
submit to your consideration:
That the supreme Government of Bolivia, making use of its legitimate
authority, has ordered the carrying out of a law of the late national
convention, by which an extraordinary forced war contribution was
ordered to be levied, assessed equitably and proportionately.
That for this purpose and in this department of La Paz, in which we are
residents, a commission of most honorable and competent persons has been
appointed to assign to each citizen the quota he has to pay according to
the judgment of said commission.
That in the distribution of the said forced war contribution and its
assessment, not only the inhabitants of this city, without distinction
or exemption whatever, have been included, but also the foreigners; as
the said honorable commission has not weighed the powerful and
imprescriptible exemptions established as a general rule in favor of
foreigners by international law, and fixed especially in our behalf by
solemn international treaties in full force to-day between Bolivia and
Spain.
On this account we are obliged to address ourselves to the justification
of the government of the republic, asking a declaration of exemption
from all extraordinary war loans or taxes, on account of our being
Spanish subjects, protected not only by international law, but by the
formal engagements of this nation towards ours.
The legal reasons on which we base our claim are obvious, and fearing to
offend the recognized knowledge and integrity of the government of the
republic, we will briefly and summarily mention just only in order to
bring them to mind.
By the treaty made between this republic and His Majesty the King of
Spain, at Paris, on the 29th of August, 1879, ratified and exchanged in
the same city on January 19, 1880, and promulgated as a law of the
republic in this city of La Paz on the 30th of August last (third
article), are re-established in full force the stipulations of the
treaty made between the said nations on February 12, 1861. The eleventh
article of said treaty says literally: “Neither Bolivians in Spain, nor
Spaniards in Bolivia, are obliged to serve in the army, navy, or
militia, and they are exempt from all extraordinary impost tax or loan,
and in the ordinary taxes which they pay on account of their industry,
commerce, or landed property, they must be treated just as the citizens
or subjects of the most favored nation.” One cannot find a more clear,
peremptory, and reciprocal exemption in favor of the citizens of both
states, living in each other’s territory, and which involves their
exemption from all forced or extraordinary taxes (of war) in strict
compliance with the doctrines of international law.
And even if this positive law referred to did not exist—a law that, like
all international treaty law, is supreme and modifies even the
constitution of the state—it is enough to legitimate our claim by
stating that the practical jurisprudence of all civilized nations and
the doctrine established by all the authorities on the subject are all
in our favor.
There is no need to quote Vattel, Pradier, Forderé, Fioré, Jenner, Block,
Bello, and so many other eminent writers, who unanimously sustain this
doctrine; but we will refer to all the treaties of amity and commerce in
force to-day between different nations, all of which establish the
doctrines of exemption with rigorous uniformity.
To insist on this would be tiresome and superfluous. We are sure that the
government has had no doubt about it, and that, taking duly into account
our petition, the government will modify the proceedings of the
assessing commission, and that it will proclaim a doctrine which is a
law of the nation and attested by a sacred agreement, by declaring that
the subjects of His Majesty the King of Spain are not obliged to pay
now, and are not subject to any other tax of the kind, either of blood,
money, or otherwise.
We expect our petition will be duly and justly appreciated, and granted
as it is founded on justice.
La Paz, 11th February,
1881.
- MIGUEL SARAIZABEL.
- JAIME DAVIN.
- EDUARDO Q. MALDONALDO.
- CELSO COMELLAS.
- ANJEL BAJINETA.
- DOMINGO DE ITURBE.
- JUAN FORRENS.
- JUAN RUDON.
- LIZANDRO RUDON.
- MIGUEL SOL.
- JOSÉ HERRERA.
- JUAN CORES.
[Page 88]
[Inclosure 3 in No. 61.]
Mr. Adams to Mr.
Saraizabel et al.
Legation of the United States,
Cotaña, February 18,
1881.
Messrs. Saraizabel, Davin, Maldonaldo, and
others, subjects of Spain in La Paz, Bolivia:
Gentlemen: I have the honor to acknowledge the
receipt of your communication of the 11th instant, in which you ask me
to transmit to the Government of Boliva, in an official manner, a
document signed by the Spanish subjects of La Paz, praying for an
exemption from the forced loan lately decreed, and in which you ask my
help and protection, basing your request upon the fact that Spain has no
representative of its own near the Government of Bolivia, and that you
feel yourselves authorized by common international usage to call upon me
as the representative of a friendly nation.
In reply to your polite and dignified letter, I am sorry to be obliged to
inform you that I cannot comply with your request, inasmuch, by the
established usage of nations, and in compliance with the rules made for
the ministers of the United States by its government, it is required
that the request for diplomatic protection of subjects of another
country by any minister of the United States should come from the
government of such country, and should he acknowledged by the government
where both reside.
In cases where the life, liberty, or property of a foreign subject or
citizen, not represented, has been in danger either from local
persecution or foreign invasion, it has been customary for such
foreigner to claim the help and protection of the representative of a
friendly nation, and, without a previous request from his own government
and the usual formalties, it has been accorded freely and fully,
especially by ministers of the United States, at different times and
occasions; but this case, involving as it does no act of persecution or
injustice even, but simply the rights and duties of foreigners under
established treaty stipulations, into a discussion of which I am not
prepared to enter, offers no reason for my official interference,
especially as I cannot deny that a sovereign nation has the right, even
in time of war, to levy extraordinary taxes, not upon the person, but
the property and business of its inhabitants, and as long as no
distinction is made in the assessment of this tax—called strangely, for
what reason I know not, a forced loan (emprestito
forzoso), although legally authorized by a constitutional
Congress of the republic—I do not feel warranted in throwing obstacles
in the way of the government, and did and shall advise my own countrymen
to pay the said tax.
I have the honor, in returning to you, gentlemen, the document referred
to, to assure you of my highest respect and consideration, and to
subscribe myself,
Your very obedient servant,
