[Extract.]

Mr. Burton to Mr. Seward

No. 196.]

Sir: * * * * * * *

On March 9th, 1864, the steamer Antioquia, owned principally by citizens of New York, and carrying the American flag, in accordance with a law of the [Page 455] Colombian Congress, was descending the Magdalena, laden with freight and passengers. On nearing a point called Magangue, a party of State troops, under the command of one Señor Berrios, hailed her to land. The current was too powerful for the crew to control her. The soldiers pursued her, and while she was endeavoring to land, by order of Señor Berrios, fired more than one volley of musketry into her, to the great peril of the crew and passengers. Besides other parts of the boat, a number of bullets passed through the pilot-house, which drove the pilot from his post, leaving the boat to her own course. Fortunately no one was injured, and after the firing had ceased the boat was brought to land. These men had no rightful authority whatever over the boat or any person or thing connected with her.

A love of petty tyranny alone, common to all officials of the country, great and small, induced this barbarous attack.

Señor Berrios, on the boat’s return trip, denied to one of her owners that he had given the order to fire, alleging that the firing was by mistake. Consul Chapman in the mean time called the attention of the government of Bolivar to the outrage. He was answered that it would be investigated and due punishment inflicted on the guilty parties. He was afterwards informed by the government that Señor Berrios had given the order to fire on the boat because another boat belonging to a different company had passed on the day before, and being requested to land had refused and made fun of the request; and as the Antioquia did not seem disposed to land, he, Señor Berrios, supposed she was going to repeat the conduct of the boat which had passed on the previous day, and therefore ordered her to be fired into.

On May 4th, 1864, I brought this cruel proceeding to the notice of the Colombian government, and on the 31st of that month received from the secretary a wholly insufficient and untruthful excuse for the conduct of Señor Berrios, with the information that the congress, in consequence of the occurrence, had passed a stringent law to prevent such outrages in future. This was highly unsatisfactory, as there was no indication of a purpose to punish the crime. Upon a conference with the secretary, he assured me the affair would be inquired into, and if it should turn out that any person had acted culpably, he should be speedily and duly punished, and that orders to that effect would be sent to the government of Bolivar. But as the relations between that State and the national government were in an unsettled condition, he preferred not to allude to this in his note to me, as he desired to publish our correspondence as an admonition to other local military chiefs; and such a censure being thus made public, might irritate the authorities of Bolivar.

With this explanation I made no further objection for the time to the note, and supposing that so heartless a thing would not occur again, I commenced my reply by passing it over lightly and in such a manner as to give it no great importance, for I really believed it the result of mistake, as alleged.

Before finishing the paper I received the avowal of the act and savage excuse given to the government of Bolivar, with which the latter seemed to be satisfied, and concluded it by again finally calling the attention of the government to the conduct and excuse of Señor Berrios. I was again assured in a conference that he should be punished.

Hearing nothing more of the case, I addressed a note to the secretary on October 4th, 1864, inquiring what steps had been taken against Senor Berrios.

This note was not acknowledged.

On receiving from the department despatch No. 93, dated August 10th, 1864. I, on January 20th, 1865, formally demanded the punishment of Señor Berrios, rios. This demand was not responded to until February 16th, 1865. I was then only advised that the government had not been informed as to the proceedings taken in the matter by the State of Bolivar.

Strong assurances that such acts would not occur in the future were offered. [Page 456] During all this time I believed that the government was acting in good faith, but felt itself too weak to make itself more directly and positively obeyed in the States. It was just passing from a military dictatorship to civil rule, and much allowance was to be made for its want of energy.

Finally, convinced that the government did not intend, or at least could not take any effective action, I instituted an inquiry in Bolivar, through Vice-Consul Mathiew, in August last, as to the measures which had been adopted for the punishment of Señor Berrios.

The result was that shortly after the assault on the Antioquia the government of Bolivar had promoted him to the office of auditor general of the State, the duties of which he discharged for several months in the capital, Cartagena, riding out daily with the President of the State in the private carriage of the latter. That the President afterwards appointed him governor at Magangue, the scene of his wanton barbarity on the 9th of March, 1864. That he filled this important office for some time, and, since leaving it, has been going at large unmolested.

The then secretary of foreign relations was a citizen of Cartagena, a near relation of the President of Bolivar, and must have known all this.

On September 11th, 1865, I placed these facts before the Colombian government, with a peremptory demand for the punishment of Señor Berrios. This was answered on the 19th of that month, in substance, that a new requisition had been made on the government of Bolivar for the punishment of Senor Berrios, with explanations as to his having been retained in office in that State, and being permitted to go free of trial. To this was added, as usual, the unwavering purpose of the government to execute the laws.

* * * * * * * *

I have the honor to be, sir, your obedient servant,

ALLAN A. BURTON.

Hon. William H. Seward, Secretary of State, Washington, D. C.