New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-11-21
CLAIMS AGAINST PANAMA.
Ncr Republic May BE Liable for
CoIombia's Treaty Obligations.

Sir: For eighteen years the government OF the
United States has been endeavoring TO make some
ARRANGEMENT with the Colombian government for
the examination and payment of the claims of our
citizens arising from Colombia's failure in March,
ISL TO fulfil the covenant she made in the XhANth
article os Treaty of 1886 TO the effect that the
right Of way of transit across the lsthmus OF
Panama upon any modes OF communioAuon
now exist. or that may be hereafter consuruc.eu
shall be open and free to the government anu ''''
zens Of the United States"
In Article XIII OF the same treaty the two gov
ernnents agree ITO give their special protection 10
the person ard property of citizens OF each otner
OF all occupations. who may be in the territory
subject 20 the Jurisdiction OF one or the otheT'
transient or dwelling therein
Colombia acknowledged her liability In damages
for a breach of these obligations in the conVen-
ton OF 1857. for the examination and payment Oh
the claims of citizens OF the United States who
had been injured. in their person or property, IN
the riot OF April Is 1885, at Panama, this liability
on the part of the Colombian government as
stated in that convention arising out of its priv
lego and obligation 20 preserve peace ana eo0o
order along the transit route.
In March 1855. on account Of some exigency IN
the field the Colombian government deliberately
withdrew national forces and municipal police
from the city Of Colon and left it entirely at the
mercy Of the lawless element, who. under the
leadership OF an inSurgent named Prestan, oe-
rosed the municipal authorities levied forced loans
uDon the foreign merchants, seized their property
abolished the courts Of Justice, drove out the
sudnes stopped the transit across the isthmus and
finally on March 81 1885. set fire the city. The
terminal buildings OF the Panama Railroad ana
dwellings warehouses and merchandise OF great
value belonging to citizens of the United States
who were residing and engaged in business at
Colon on faith OF these conventions. were de-
stroved Mr. Bavard. who Secretary of State,
gave notice at once TO the Colombian government
that il was liable under the convention Of 1876, as
inte-pre ted by the convention Of 1881, for damages
and received assurances that the claims would be
Iiouidated by a mixed commission, and paid &C
cording TO the Panama precedent But the Co
lornhian neeotiators afteTward insisted that the
question whether Colombia was liable at all shouio
be first submitted to the proposed commission ana
decided before the amount of damages In any IN
dividual cases should be considered
ATTITUDE OF UNITED STATES.
To this Mr.. Bayard would not agree. and in
response to a resolution of the House OF Repre-
sentatives in 1887. he stated the position of the
United States as follows in note TO the PRESIDENT
Il is understood be the duty Of the Severn n
the treaty between the United States ana New.
Granada Of December Il iS TO 9 Keep nv y modes Of
communication that now exist that may here
T egf o snS cens Of The Tnited states and for
the transportation of any articles OF prouuce'
bei0ngins to citizens of the United States; -.
This duty was expressly y; NJ Saws - Con-
government OF New-Granada IN ne ClalIIlI ~
vention with the United states OF SeptemDels ~,
] !
referred TO commission ali claims on the part OF
corporations companies or inayduas f'[ ~ W VI
Granada which shall have been PTesesT Iiio Of
state In washington or TO the minister of the
tinted states at Bogota and especially those for
damages which were caused by the riot at Panama
on April Is. 1856 for which the said government
Of Ne1v-ranads acknowle lodges its liability arising
, oflt Of its privilege and obligation TO preserve
peace ard good order along the transit route;
con IiS between the United states and the
United states Of colombia. concluded on tebruaIv
posed Of which the commission under the former
| Convention had failed TO decide during the time
| therein allowed them.
Then. referring to Colombia's contention that the
nsted States should have landed marines at Colon
and suppressed Prestan Cwho was afterward capt
ured end hanged by the Colombian authorities) Nh
gard observed:
Or, several occasions the government Of the
United States the instance and always with the
ssent Of Colombia. has. IN times OF civil tumut.
sent its armed forces TO the Ishmus Of Panama TO
preserve American citizens and property along the
transit from injuries which the government OF
But, in taking such steps this government has al.
Colombia IN the premises and mas never aGkno an /
edged but on the 6pn tqin 9 b tTif gains
domestic disturbances
Colombia however has persisted in refusing to
submit these Colon fire claims" to any commission
or international tribunal unless the question Of
her conventional or other liability should first be
submitted foE decision although she formally &C
knowledged her liability, and stated its source.
under similar circumstances. in the Claims Con-
vention Of ISL and although it held by the
umpire of the commission organized under that
convention that the question of Colombia's Tia
bihty in this regard was not open TO discussion
and he accordingly refused TO admit evidence
showing that the riot vas beyond the power of
| the government TO control.
Meanwhile the claimants. some Of whom have
| been seriously embarrassed by their enormous
! losses in the Colon fire, have remained without
relief of any kind, their property in most cases
! lectibe.
NAY SECURE INDEMNITY.
The sudden change Of the situation on the
are advised, FOL obtaining the Justly due and long
! deferred indemnity. Their claims grew directly
out OF Coomba's failure 10 keep the transit free
| and open and TO maintain peace and order along
| the line. in accordance with her treaty obliga-
| tons.
The transit. which is the subject OF the treaty
is located entirely the isthmus, and Colombia ;
| accrued and undischarged liability TO the claim
anus devolVes on Panama, which takes entire
possession Of the interoceanic crossing which IS
/ the subject matter of the treaty and of COlorn-
! blas obligations This liability would have been
| Of the revenue derived from the isthmus If the
United states ha0 pressed for payment, as il
doubtless would have done had II not been fo- the
poverty and constantly recurring revolutions from
which Colombia suffered, and more lately) FOR
fear of Jcopardizng the negotiations for the con-
1t seems clear that if the United States enters
into treaty relations with the Republic of
| Panama, and pays money TO her for concessions
/ upon and the isthmus, a part of this COM
pensaiion 0he claimants are advised should be
applied 10 the payment Of these claims when
tbev shall have been examined and liouidated bv
! 5oerchsnfs and residents in the burning of Colon
/ 2 Of no anna Pal rnaa Con