Mr. Burton to Mr.
Seward
No. 199.]
Legation of the United States,
Bogota, November 5, 1865.
Sir: I have the honor to enclose the annexed
correspondence with the United States consuls and naval officers at
Aspinwall and Panama, which relates more particularly to the late
disturbances on the isthmus, of which the department has doubtless
already been fully informed.
From the tenor of the note of Consul Davenport and acting Rear-Admiral
Pearson, of September 26th, 1865, marked Gr and H, I infer that my note
of July 1st, 1865, attached to my No. 190, and that of August 31st,
1865, (A,) hereto annexed, have not been understood in the sense
intended. They appear to have been interpreted by those gentlemen as
instructions from me to them. Such was not my intention. When I wrote I
supposed that, as a matter of course, from their proximity to
Washington, they had been, or certainly soon would be, fully instructed
as to their duties, on the happening of certain events for some time
before expected to take place on the isthmus. My object, therefore, was
to give these officers, and others near the place of anticipated
disturbances, official notice of what this government expected in a
given state of case, to which I ventured to add my own opinion, to go
for what it was worth in itself. That they being thus advised might,
perhaps, be better enabled to execute the orders of their respective
departments, according to their own views of duty. In short, what I
wrote was for their information, and not for their guidance, as I think
the papers clearly show.
My opinion was based on that expressed by our government under analogous
circumstances in 1862. That expression was a law to me in itself, but
appeared moreover to be supported by strong reasons, some of which I beg
to be allowed to state in reply to the views of Consul Davenport and
acting Rear-Admiral Pearson, for whose opinions I have the highest
respect.
By the constitution of Colombia the individual States are sovereign and
independent of each other; as much so, both in theory and in fact, for
the purpose of the present question, as Colombia and Peru.
It is the declared constitutional duty of the national government to
prevent and repel, by all the means at its command, any invasion of one
State by another. Such an invasion is a violation of the national
sovereignty in the invaded State. This is particularly the case in the
State of Panama, where certain important rights of sovereignty have been
reserved to the national government, which it has not in the other
States.
The invasion of the State of Panama in August last, from the State of
Cauca, was none the less a violation of the national sovereignty over
the isthmus on account of its want of the sanction of the latter
State.
The effect was precisely the same hostility to, and the trampling on, the
national right and authority, and consequently creating a state of
affairs which required the national government to move in the fulfilment
of its constitutional duty.
[Page 462]
This duty was in nowise modified by the fact that some of the chiefs who
led the invasion were expelled citizens of Panama.
It is understood that most of the officers, and all of the soldiers of
the invading forces, were citizens of the State of Cauca; they carried
no recognized flag, and were subject to no regular or recognized
authority; they sought to make irregular war on the people and
recognized legitimate government of a State which the general government
was bound to protect against such incursions, and were therefore not
inaptly characterized as bandits. To require the forcible intervention
of the national government, it was enough that hostilities came from
without the limits of the State of Panama.
The circumstance that the invaders came in a vessel carrying the colors
of a foreign nation, instead of taking from the invasion its
unjustifiable character, was calculated to inspire greater alarm and
called for greater energy on the part of the government of the
nation.
This being the duty of the Colombian government, the only inquiry is how
far the United States are bound to aid in the performance of that
duty.
To an accurate solution of this question, it is not deemed necessary to
controvert the deduction of inconvenience drawn by the consul and acting
rear-admiral from the interpretation of the treaty for which I contend.
These are rather specious in the abstract than applicable to the true
issue.
It will be sufficient to consider the single point on which they rest
their argument, as a correct answer to the inquiry must necessarily
spring from the justice or fallacy of their conclusions, there being no
intermediate ground on which to base a third.
The point of departure in the argument advanced by them is the force
given to the words of the 35th article of the treaty, “with a view that
free transit of the isthmus may not be interrupted,” and the conclusion
reached, that the obligation contracted by the United States is
coextensive only with the view declared.
This, at first sight, has some claim to plausibility, but is plausible
only. Had the treaty stopped here, leaving no other clue to the limits
of the obligation, the inference drawn would not have been entirely
wanting in force. But the treaty itself fixes unmistakably, without
leaving anything to interpretation or conjecture, precisely what is to
be done in order to fulfil that obligation and to effect the object in
view—the securing by the United States to Colombia of a perfect
neutrality of the isthmus, and in like manner her sovereignty and
property in that territory; not partially or of the transit alone, but
of the whole isthmus, and that perfectly. If the transit only was to be
thus secured, it would have been more natural and logical to have said
so and no more, by employing words more precise and in harmony with the
idea intended to be expressed.
To thus limit the duty imposed by the treaty on the United States does
violence to that part of it which, in plain and appropriate words,
extends the guarantee of perfect neutrality, sovereignty, and property
to the whole territory of the isthmus, “from its southernmost extremity
until the boundary of Costa Rica,” and consequently at the same time
renders superfluous, meaningless, and inoperative, no inconsiderable
part of its language—a supposition not to be attributed to the
negotiators of so important an agreement and their governments, who
ratified it in the entire absence of ambiguity or unreasonableness.
Besides, a named view or object of the guarantee is of subordinate
importance, and must yield to the explicit and unconditional terms of
the guarantee itself.
It is a legitimate presumption, not to be repelled or weakened by time or
subsequent changes, that the contracting parties had fixed and
well-defined ideas of, and specified accordingly, what acts should
constitute a compliance with the obligations into which they were
entering; and although such acts may now appear disproportionate to the
end to be achieved, it is not for one party to disregard or diminish
them without the consent of the other.
[Page 463]
This inclination to define runs through the entire treaty—is one of its
notable features; and a wise one, as it tends to avert misunderstanding,
and consequently to make more efficacious its stipulations.
Many other convenient objects, not necesary or politic to have been
declared, and which neither party was bound to disclose, may have
induced one or both to enter into the compact.
There are patent and forcible reasons for this supposition as to
Colombia. This part of her territory is remote and almost detached from
the rest of the republic. It is of the highest importance to the world,
and she might well have apprehended that it was looked to with a
covetous eye by stronger powers. It is difficult of defence, and she had
not the means of defending it. The inhabitants were but partially
civilized, and its quiet and order imposed on her a weighty
responsibility.
Well might Colombia, with her sad internal revolutionary experience and
menaces from abroad, have feared that the presence of any body of men,
from anywhere, operating hostilely to her rights and authority on any
part of that peculiar territory, and especially such a body as that
which invaded it from Cauca, would be dangerous not to this part alone,
but to the republic itself; and therefore have sought a stipulation from
the United States, which would be likely to preclude all possibility of
consequences so disastrous to her security and welfare.
Furthermore, the treaty pre-supposes that the tranquil and constant
enjoyment of the advantages secured by it on the isthmus to the United
States is to redound chiefly to the interest of the latter. The view,
then, of keeping the transit uninterrupted, and which the United States
are permitted to do, is in effect a permission to them to protect their
newly acquired rights on Colombian soil, (the free transit of the
isthmus being the principal one,) and is in reality one of the
privileges conceded to the United States, as conducive to the full
enjoyment of those rights for their own benefit, and cannot in any sense
be regarded as a burden to them.
But as a compensation for granting these rights and privileges, and for
other important concessions made to the United States by Colombia, in
articles 4, 5, and 6 of the treaty, the former take upon themselves, in
turn, the burden of guaranteeing to the latter the perfect neutrality,
sovereignty, and property of the whole isthmus, which Colombia, whether
with or without cause is immaterial, imagined was, or might be,
dangerous.
She has paid for this security, and the United States have accepted and
enjoy a consideration mutually agreed upon, as adequate and just, and
the view or objects, many or few, which may then have moved Colombia to
purchase the right to, or that may now influence her to ask for the
lawful enjoyment of the benefits resulting from her agreement, cannot
concern the United States, or excuse them for failing to comply with the
plain duty to which they have bound themselves.
Another feature of the guarantee is not to be overlooked. It extends to
“all the rights of sovereignty and property which New Granada (now
Colombia) has over the said territory.”
At the date of the treaty the now State of Panama was simply a canton of
the republic, over which the national authority was supreme.
Whether, therefore, an invasion of the isthmus of Panama, or even an
internal movement which puts in jeopardy the rights guaranteed to
Colombia in that territory, does or does not endanger the freedom of the
transit, would seem in no case to be a material or open question. It is
concluded by positive stipulation.
This appears to be the clearly expressed meaning and spirit of the
treaty.
The duty assumed by the United States may be inconvenient, embarrassing,
and even onerous; it is nevertheless one which, when required to do so,
they
[Page 464]
cannot fail to respect
without dishonor, so long as they retain the corresponding benefits
ceded by Colombia.
No notice has been communicated to me by this government of the
occurrence mentioned in the annexed letter of Vice-Consul Robinson.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Mr. Burton to Mr. Henry Preble et al
Legation of the United
States, Bogota,
August 31,
1865.
Sir: His excellency the President of
Colombia advised me to-day that a body of armed men, whom he
characterized as bandits, had recently sailed from the port of
Buenaventura, in the State of Cauca, for the purpose of invading and
making war against the State of Panama, and expressed his hope that
the United States would fulfil what he considered their duty, by
preventing this or any other hostile party or individuals from
landing within the limits of that State, and employing the necessary
force to expel such, in case a landing should be effected, as their
presence will necessarily endanger the safety of the transit of the
isthmus, and the property and lives of American citizens.
In expressing my concurrence in this opinion of the President, I have
to add. that in case the present authorities of Panama should be
forcibly overthrown by the aid of persons coming from other States,
citizens of the United States ought to refuse to submit to the
exaction of any contribution by any person or authority in that
State, until such change be recognized as legitimate by the
Colombian government, and that such refusal should be sustained by
force if necessary.
I am, sir, your obedient servant,
Commander George H. Preble, Commanding
U. S. Steamer State of Georgia, Aspinwall;
United States Admiral, Panama; and
United States Consuls
at Aspinwall and Panama.
Mr. Pearson to Mr. Burton
United States Flag-ship
Lancaster, Panama, August 21,
1865.
SIR: I have the honor to acknowledge the receipt of your
communication of July 1st, 1865, stating that the President of
Colombia had informed you that he was advised that armed men from
other States were preparing to invade the State of Panama for the
purpose of making war against its authorities and people.
I shall at all times be ready to carry out the treaty stipulations
between the governments of the United States and of Colombia; and
should an armed force from other States invade Panama with the
intention of making war against its authorities and people, I shall,
on the request of General Gutierrez, render him such assistance as
may be in my power at the time for the purpose indicated.
I shall take especial care, however, that assistance is not rendered
for any of the internal political troubles of the State of Panama,
further than for the protection of our citizens residing here, and
their property.
I am, sir, very respectfully, your obedient servant,
G. F. PEARSON, Acting Rear-Admiral,
Commanding Pacific Squadron.
His Excellency Allan A. Burton, Legation of the United States of America,
Bogota, N. G.
Mr. Robinson to Mr. Burton
United States Consulate,
Aspinwall, August 25, 1865.
Sir: Your kind favor, marked private,
reached me on the 11th instant, since which time I have been
confined by illness, and am still very weak.
Mr. Rice will be back on the 10th of September.
[Page 465]
The revolution in this State has not come to any decided issue as
yet, although we expect to hear something decisive each day.
I enclose the last Panama Star and Herald.
General business on the isthmus is pretty much suspended for the
present.
The steamer Costa Rica arrived from New York this morning, enabling
me to forward your mail by this opportunity.
The State of Georgia, Captain Preble, has been relieved by the James
Adger, Captain McDiarmid.
On this side of the isthmus all is quiet. Your enclosures were sent
forward.
I remain, very respectfully, your obedient servant,
Hon. Allan A. Burton, United States Minister.
Mr. Robinson to Mr. Burton
United States Consulate,
Aspinwall, August 31, 1865.
Sir: The United States gunboat James Adger,
Captain McDiarmid, hence to Cartagena to-morrow, affords me an
opportunity of addressing you this note and of enclosing to-day’s
Panama Star and Herald, from which you will see that the revolution
is progressing rather slowly.
It is yet impossible to say how the affair will terminate.
United States government troops are now being passed over the
isthmus, en route for California.
The fourteenth regular infantry arrived here per steamship, April
25th instant, when the steamer was allowed to come alongside the
wharf, to remain with the troops on board over night. The result
was, although I wrote a note to the commanding officer requesting
him to prevent any of the men from landing, quite a number escaped
the guard, came on shore, became intoxicated and created
considerable disturbance.
Some of the small drinking shops, belonging to British subjects, were
entered, and, I have been informed, taken forcible possession of; so
that the British vice-consul informed me he has been since applied
to for redress and restitution from our government. No claims have
yet been presented to me, however.
The local authorities were very much incensed at the affair.
Small parties of our troops, with guns and fixed bayonets, were going
about the streets during the night, under the pretence, I am told,
of picking up stragglers, taking matters into their own hands for
the time being.
Yesterday the government transports Benjamin Deford and S. R.
Spaulding arrived here with the second United States artillery, 648
men, on board for transportation to Panama and San Franciseo.
In order to avoid, if possible, the recurrence of the former trouble,
I addressed a note to the commanding officer, requesting him not to
permit, under any circumstances, the landing of any portion of the
men until the cars were ready to embark them at once for Panama.
In reply to my note the general commanding, who I have heard is
General French, has dictated a note to the effect that he will do as
he pleases, or, to use his own words, “the general commanding will
consult what he deems most necessary for the interest of his command
in the matter.”
I will only add, that if officers in command of our troops in
crossing this isthmus do not keep them in subjection, so as to
prevent outrages upon the people here, we may expect trouble.
I have not written the government about the matter, preferring to
await the return of Mr. Rice, who will be here on or about the 10th
instant.
I beg to remain your obedient servant,
TRACY ROBINSON, Vice-Consul.
Hon. A. A. Burton, United States Minister, &c., Bogota.
Mr. Davenport to Mr. Burton
Consulate of the United
States, Panama,
September 26,
1865.
Sir: Your letter, No. 74, addressed to the
late Colonel McKee, United States consul at this port, has been
received. You have doubtless ere this learned of the death of that
excellent man, and my appointment as acting consul until the
pleasure of the government should be known.
[Page 466]
In forwarding a copy, as requested by you, to the State Department, I
embraced the opportunity to call the Secretary’s attention to the
construction put upon the 35th article of our treaty with New
Granada by the President of the United States of Colombia, as well
as your coincidence of opinion with that functionary.
As I do not by any means agree with either of you as to the duties of
naval officers to use force to prevent one party from a hostile
attempt against another, particularly as the normal condition of
this State seems to be revolutionary. I have asked Mr. Seward for an
expression of the views of our government and its construction of
the obligations devolving upon us under the said article.
It will be observed that the United States, under that article,
guarantees a perfect neutrality of the isthmus to New Granada, the
United States of Colombia, with the view that the
free transit from one to the other sea may not be interrupted or embarrassed.
The United States have nothing to do with the civil wars or
revolutions which everlastingly affect this State of Panama, so long
as the transit from one to the other sea be not interrupted; neither
has it anything to do in the way of interfering between parties
belonging to any of the States which collectively constitute the
republic of New Granada, or what is now called the United States of
Colombia, so long as neither party interrupt the Panama railroad,
its passengers, &c., &c.
Further, I apprehend that neither party will disturb the transit,
though both make that the cry to the opposite party which may be out
of power.
I presume it is a matter of perfect indifference to our government
whether Mr. Jil Colunje or Calanche represents the sovereign State
of Panama, so long as our rights and privileges under the treaty be
not disturbed; and I trust the State Department will clearly define
those rights, and not leave it to the various functionaries of our
government, civil and naval, to predicate action upon that which the
government at home might consider an erroneous construction of our
treaty, as well as our obligations under it.
I am, sir, very respectfully, your obedient servant,
H. K. DAVENPORT, Commander, Acting Consul.
Hon. A. A. Burton, Minister Resident, &c., &c., Bogota.
Mr. Pearson to Mr. Burton
United States Flag-ship
Lancaster, Panama
Bay, September 26,
1865.
Sir: I am honored by your communication,
No. 2, of August 31, 1865, stating that the President of Colombia
had advised you that a body of armed men whom he characterized as
bandits, had recently sailed from the port of Buenaventura, in the
State of Cauca, for the purpose of invading and making war against
the State of Panama, and expressed his hope that the United States
would fulfil what he considered their duty, by preventing this, or
any other hostile party or individuals from landing within that
State.
Article 35 of the existing treaty between New Granada, now the United
States of Colombia, and the United States, guarantees to the former
perfect neutrality of the isthmus, with the view that the free
transit from one sea to the other may not be interrupted or
embarrassed, &c.
This, in my opinion, contains the whole gist of the requirements of
the United States, not to the State of Panama, but to the United
States of Colombia. Consequently, should the free transit from one
sea to the other be endangered, then, and then only, is the
commander of the United States naval forces in the bay of Panama to
land an armed force to carry out, in good faith, the terms of the
treaty as expressed in article 35 of said treaty.
Should an armed force from without the limits of the United States of
Colombia land at either end of said transit, with a view to prevent
the running of the railroad, or should any force whatever assail
said road, or the transit of passengers thereon, then the United
States naval forces here would prevent any such molestation to the
utmost extent of its power, and would support and sustain the
authorities of Panama in the free transit of passengers from one sea
to the other.
The force under my command has nothing to do with the insignificant
force to which you refer as being about to invade Panama from
another State of the United States of Colombia— a force under the
auspices of the late president of Panama, Calancha, and for the sole
purpose of restoring him to the place from which he was summarily
deposed, unless the said force interrupt the free transit of the
railroad from one sea to the other; nor has the force under my
command any authority to prevent the passage from one place to
another of a Peruvian vessel, with or without passengers, while Peru
is at peace with the United States, unless the said passengers land
and molest the railroad, when, of course, I shall attack them at
once. But, sir, none of these people have any designs upon the
railroad.
[Page 467]
Whoever may be placed in power at Panama will be but too happy to
facilitate the free transit of the railroad, as its passengers and
its freight afford a convenient and lucrative commerce to its
citizens.
It is only a mob of outcasts who may be expected to assail the Panama
railroad, and for this the United States naval force here is always
prepared, as a vessel of war is always stationed here for that
purpose.
I look upon the word “view “in the 35th article of the treaty as the
key to the whole article, “with a view that the free transit from
one sea to the other may not be interrupted.”
These comprehensive words are explicit, and in my opinion convey to
every officer of the United States government at Panama precisely
the course to be pursued by him.
As to the state quarrels as to who shall be president, they are but
the local pretensions for office and emoluments, and are not at all
likely to interfere with the neutrality of the isthmus.
As to the forced loan, should the government here be overthrown, I
shall of course protect any American who refuses to pay it, until
the said government has been confirmed by the general
government.
We have always one ship of war here, but she is never to send her men
beyond the line of the railroad while I am here, and, in my absence,
the senior naval commander will comply with my orders, to see that
the railroad is protected, and will also give protection to all
American citizens and property in Panama.
As we differ materially in our construction of the 35th article of
the treaty, I shall forthwith forward a copy of your official
letter, with a copy of this response, to the Navy Department, in
order to be informed if I am wrong in the matter.
I have the honor to be, sir, most respectfully, &c.,
G. F. PEARSON, Admiral, Commanding Pacific
Squadron.
Hon. A. A. Burton, Minister Resident of the United States, Bogota, United
States of Colombia.
Mr. Burton to Mr. McDearmid
Legation of the United
States, Bogota,
October 29,
1865.
Sir: I have the honor to be informed by
your communication, dated August 13, 1865, of your arrival at
Aspinwall, in command of the United States steamer James Adger, in
relief of Commander George Henry Preble, lately commanding the
United States steamer State of Georgia, at that port, and of your
readiness to lend your co-operation in the protection of American
interests on the isthmus.
Thanking you for your timely information and offering my best
co-operation in the duties with which you are commissioned, I am,
very respectfully, your obedient servant,
John McDiarmed, Acting Volunteer Commander, Commanding U. S. Steamer James
Adger, Aspinwall.
Mr. Burton to Messrs. Davenport and Person
Private.]
Bogota,
October 31, 1865.
Sir: I have the pleasure to acknowledge the
receipt of your official communication and esteemed private note of
September 26 last. As the matter treated of has doubtless already
received the attention of our government, no official expression on
my part is necessary.
When I Wrote, I supposed you had full instructions. I deemed it
prudent, however, to simply state for your information the demands
of this government under our treaty.
My concurrence with the President of Colombia was based on the
proposed action of our government in 1862, under analogous
circumstances, without reference to any private opinion of my
own.
I beg to add that I regard the course pursued by acting Rear-Admiral
Pearson and yourself as both judicious and fortunate.
I am, sir, very respectfully, your obedient servant,
H. K. Davenport, Esq., United States Consul, Panama.
Acting Rear-Admiral G. F. Pearson,
&c., &c., Panama.
