Señor Rengifo to Mr. Olney.
Washington, March 3, 1897.
Sir: The undersigned, Julio Rengifo, chargé d’affaires ad interim of the Republic of Colombia, has the honor to acknowledge the receipt [Page 247] by the hand of the honorable Secretary of State, at half past 10 o’clock this morning, of the award of the President of the United States, as arbitrator under the protocol of August 18, 1894, between the Government of the Kingdom of Italy and the Government of the Republic of Colombia.
The undersigned begs to repeat to the honorable Secretary of State, in the name of his Government, the expression of his thanks to the President for having discharged the duty of arbitrator under the protocol aforesaid, but he finds upon reading the award that it is his painful but peremptory duty on behalf of his country to solemnly and earnestly protest against the fifth paragraph of the said award as being invalid and without the submission of the protocol of August 18, 1894, because—
- First, it does not determine and declare any amount of indemnity which the claimant, Signor Ernesto Cerruti, is entitled to receive from the Government of Colombia through diplomatic action;
- Second, because it does not put an end to any subject of disagreement between the two governments;
- Third, because it is not a final disposition by the President of the United States of any claim or claims of Signor Ernesto Cerruti;
- Fourth, because said fifth paragraph imposes upon the Government of Colombia an uncertain liability, the amount of which is not determined or declared by the President of the United States, as arbitrator;
- Fifth, because it provides a prolific source of disagreements growing out of the claims of Signor Ernesto Cerruti, to which disagreements the President of the United States was invited by both Governments in the protocol of August 18,1894, to put an end; and
- Sixth, because the said fifth paragraph is a delegation of the authority of the President to determine and declare the amounts of any indemnity due by Colombia to Signor Ernesto Cerruti, to Others, in that it leaves to be ascertained by some other persons and tribunals, not named in the protocol nor specifically provided for in the award, at times and in modes undefined and unauthorized, the amounts and conditions of further liability of Colombia to Signor Ernesto Cerruti by reason of the claims submitted to the President.
The undersigned deems it proper to add that he has communicated by cable to his Government the provisions of the award and of the foregoing protest, but that it is impossible to receive an answer from the Republic of Colombia before the end of the term of the Hon. Grover Cleveland as President of the United States.
The undersigned is forced to ask the aid of the honorable Secretary of State in performing this duty imposed upon him as the representative of his country within the very brief time available, by acknowledging the receipt of this communication on this date.
I have, etc.,