Mr. Hart to Mr. Hay.
Bogotá, September 9, 1902.
Sir: Referring to the Department’s No. 410, of July 22, 1902, I have the honor to inclose copy and translation of the certificate spoken of by Mr. Beaupré in this legation’s No. 622, of June 8, 1902, also a copy of my note to the Colombian foreign office pursuant to the Department’s instructions above referred to.
The situation has been extremely difficult for foreigners sojourning in the country, and for the legations in their efforts to reduce to a minimum the inconvenience and loss resulting therefrom to persons under their protection.
The central civil power, speaking through the ministry for foreign affairs, has seemed to desire to cooperate in this respect with the legations, but the military branch of the Government has been practically omnipotent, so that the ministry for foreign affairs, disavowing such views as those to which the Department’s instructions refer, has in turn asked the legations to lend their cooperation in the hope of improving the situation as much as possible for foreigners. The ministry of foreign affairs, being helpless as against the ministry for war, realized the hopelessness of antagonizing that department. In the matter of passports this was realized as well by the legations, which have tried to make the best of a situation by no means ideal.
There were many foreigners held fast in Bogotá, for example, by the refusal to issue passports to them, and without passports they [Page 316] 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.,