Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress
Mr. Burton to Mr. Seward
Sir: I have the honor to enclose the annexed papers relating to the proceedings of Acting Rear-Admiral G. F. Pearson, on the interment in Panama of the remains of A. R. McKee, esq., deceased, late United States consul at this city.
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I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Señor Santiago Perez to Mr. Burton
The undersigned, secretary of the interior and foreign relations, has the honor to accompany with this communication, for the information of his honor the minister resident of the United States of North America, a copy of the correspondence which has passed between the President of the sovereign State of Panama and Rear-Admiral Pearson, and will proceed to make the following observations:
The neutrality of the isthmus, or the sovereignty of New Granada, now the United States of Colombia, over it, was guaranteed by the United States of North America in the 35th article of the treaty of 1846—our rights pertaining to Colombia, rights the effectiveness of which it belongs to her to demand at the time and circumstances which may be convenient to her and equitable. But that guarantee of the neutrality of the isthmus and its sovereignty to Colombia does not oblige her to submit to the measures which the United States of North America, or any agent of theirs, may pretend to impose upon her in derogation of the national dignity, and not only without the requirement of the local authorities, but in spite of them.
The local authorities of the State of Panama, as agents of the national government, respected in virtue of their powers and in the fulfilment of their duties, have to maintain on [Page 459] the isthmus the public securities and the guarantees due its inhabitants and persons who may be transiently there.
In the discharge of their duties said authorities will employ the means at their command, and require such assistance as they may find necessary and to which they may be entitled, provided it can be so given and as stipulated. Otherwise assistance would not be real assistance, and the employment of a foreign force, although under alleged necessity or convenience, would be rather to have it imposed than asked, an act inadmissible by the legitimate authorities of that territory, and inacceptable according to the most primitive notions of public law.
Agreeably to the said 35th article, said guarantee is expressly declared to be an especial compensation for favors acquired by the United States of North America in that State.
The guarantee is, therefore, not a right pertaining to them, but an obligation, a service contracted by them; a service, it is true, which redounds to their interests, but which cannot take the character of a power or jurisdiction; but, by giving to said guarantee the interpretation implied in the pretensions of Rear-Admiral Pearson, it would be converted into an additional favor to the United States of North America, a favor which would require on the part of Colombia the abdication of her sovereignty.
The propriety of opportunely appealing to the necessary measures to preserve in every case security on the isthmus must induce the power intrusted with its preservation—a power which represents the national sovereignty, and at the order of which, within their respective limits, agents are to be maintained, whose duty it is to lend effective assistance. Who has borne the responsibility arising from a want of order or security on the isthmus when disorders have occurred? The use, therefore, of the forces of the United States of North America for the preservation of order and the maintenance of the sovereignty of Colombia on the isthmus has to be determined by the Colombian authorities themselves, and not by the chiefs of those forces, whatever may be the apparent inconvenience, in any given case, to the latter—inconveniences to be foreseen and removed by him who is responsible for the disturbances.
Such is the understanding and grounds taken by the Colombian government, with respect to the part in question of the treaty with the United States of North America, and it is sure that such is the understanding and views maintained by the minister resident of the United States, whom the undersigned has the honor to address and to request of him an express opinion upon the point.
The way or transit across the isthmus shall be open to the citizens and government of the United States of North America, agreeably to said article 35, but neither this nor any other article of the treaty implies the right of disembarking troops on that territory without previous notice, and then subject to the. conditions of the treaty. Much less does it imply the right to disembark North American forces in order that they may go through exercises on Colombian territory, or occupy it in organized bodies or regiments in any operations whatever. The right to disembark and of transit will always be subject to the compact between the two nations, and in cases of assistance to the judgment and demand of the local authorities, who, in this particular, act as the agents of the national government.
In this sense instructions have been given to the government of the State of Panama. And it is hoped that the minister resident of North America, finding all the foregoing in strict accordance with the existing treaty, and with the well understood interests of both countries, he will be pleased to communicate his orders accordingly to the agents of his nation on the isthmus, that they may desist from and put an end to whatever pretensions they may have manifested or that they may manifest to the contrary.
The undersigned improves the opportunity to present to his honor the assurances of his high esteem.
Hon. Allan A. Burton, Minister Resident of the United States of America.
Señor Jil Colunje to Mr. Pearson
UNITED STATES OF COLOMBIA, SOVEREIGN STATE OF PANAMA—PRESIDENT OF THE STATE.
Sir: On the day before yesterday I, with the other public superior functionaries of the nation and State resident in the city, were prepared to attend the funeral obsequies of Mr. Alex R. McKee, late consul of the United States of America in this place, where his death has been so justly deplored, when I perceived that a party of armed people belonging to the marine of the North American Union had disembarked, together with a band of music, in order to do due honor to the civil and military rank of Mr. McKee, and I was under the painful necessity of declining, and causing the other authorities to decline, attending said obsequies, because [Page 460] permission to disembark said force had not been asked of me, as the first authority of this State.
Certainly, on so solemn an occasion, nothing would have been more natural than to grant said permission, chiefly when we have no band of martial music here at present, or body of troops to contribute in giving due gravity to the ceremony; but it will be allowed that if this occurrence, which in any aspect may be unfavorably qualified under the circumstances— considered as much with reference to the cordial relations existing between the North American Union and the Colombian Union as to your undoubted sufficiency—if this act, I say, should pass unnoticed, my silence might be taken as argument hereafter for neglecting the correct usages of the law of nations. I expect, therefore, that in case it shall be necessary to disembark armed naval forces in future, it will not be done without the consent of the authorities in this place, which represent the sovereignty and independence of the nation.
I am, with due respect, your attentive servant,
Admiral J. P. Pearson, Commanding the United States Squadron in the Pacific.
Mr. Pearson to Señor Jil Colunje
Sir: I have had the honor to receive the communication of your excellency, dated 6th instant. It informs me that your excellency and all the high functionaries of Panama were prepared to attend the burial of the late consul of the United States, Alexander R. McKee, whose loss is so justly deplored, when you noticed a company of armed people belonging to the marine of the United States, and a band of music besides, ready to do the honors due to the military rank and civil employ of Mr. McKee; that you then believed yourself under the painful necessity of abstaining from attending the burial, and of not permitting the other authorities to attend, because permission was not obtained from you, as the highest political authority of the State, for the disembarcation of the above-mentioned force.
In expressing to your excellency my regret that you did not attend the funeral services of a consul so much beloved, I can do no less than express also the impression that I have received from your objections to the presence of a marine guard with only cartridges without balls, and especially to the unarmed band of music of this boat, whose only object was to honor the remains of a consul of the United States in the city of Panama. You speak of the landing of these marines and of this band of music as contrary to the rights of nations; and you say that you had a few troops, and no band of music in the city at this time.
I know perfectly well that armed troops should never put foot on the territory of a friendly government without special permission from its chief, but in the present case, when all the city was mourning the loss of a friend, it never occurred to me that anything that I might do in honor of his memory would be taken in any other sense than joining in the general grief of all, including your excellency, and the other employés of the government.
Besides, at that time, the city was overhung with a cloud of sadness, which prevented lending attention to little forms, no one thinking of anything but in attributing to the deceased and much-loved Colonel McKee a melancholy homage, whose remains were to be immediately buried.
I will here take the liberty to assure your excellency that, in conformity with my orders to the squadron of my command, armed troops will land immediately whenever it is necessary to fulfil the stipulations of the treaty between the United States of Colombia and the United States of America, and especially when the railroad and its passengers are in danger.
You informed me that for the future you hope that when it may be necessary to land armed troops, it will not be done without the consent of your excellency.
There is not the least objection to asking this permission, but I believe it my duty to give you notice, that in case of alarm the required force of the squadron for an immediate service would probably be detained from arriving in Panama at least two hours, waiting to communicate with the city, and receive permission from your excellency.
In consideration of the conditions of the treaty, it is believed that armed troops may be landed at any moment, and our late consul and others anxiously desiring it, I have ordered the marine troops to land when there was any danger, to protect the consulate and the naval deposit, without permission from the authorities, and I am disposed to do the same again, convinced that such conduct will not only be agreeable to the consul and naval storekeeper, but also to the President of the State, since it will contribute to the preservation of good order.
Do not think for a moment, however, that I dispute your legitimate right to wish that permission be asked, by means of an officer, to disembark armed troops in time of necessity, or to do the customary funeral honors at the death of an employé of the United States, or to land a band of unarmed musicians.
[Page 461]All this, besides being your lawful duty, would give me pleasure to carry it out, by means of an order to the commanders of the different vessels of this squadron.
I shall also remit to the government which I have the honor to serve a copy of your communication, and a copy of my answer, to the end that, if at any time the force under my command shall be delayed, in case of any emergency, in consequence of my awaiting your consent to the disembarcation, the censure may not be attributed to me.
I am, sir, your obedient servant,
His Excellency Jil Colunje, President of the State of Panama.