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 for your instruction the annexed papers relating to the killing of George Holmes, said to have been a British subject, by a sentinel of the United States steamer James Adger, at Aspinwall, on November 10, 1865.
Her Britannic Majesty’s legation here manifests considerable feeling on account of the occurrence, as does also the Colombian government.
I have not yet been furnished with the particulars of the affair except the account communicated by the department of foreign affairs, which may be partial.
The United States consul at Aspinwall having sent me a copy of the principal papers, enclosed with the note of the foreign secretary, I attach the latter copy.
The consul has doubtless sent a translation of his correspondence with the authorities of Panama, which I am compelled to omit for want of time.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Mr. Rice to Mr. Burton
Sir: I enclose correspondence in regard to the late event, which explains itself.
I will remark that a great deal of opposition is manifested here by the authorities, to the transit of troops without asking each time special permission, which question I had reason to [Page 469] believe was definitely settled by a decree of the Colombian minister of foreign relations furnished me by General Sickles.
It seems to me that the right to cross the isthmus infers the right of the officers to protect their commands and to secure them from desertion while crossing.
You are aware that the Colombian government, notwithstanding, often asseverated claim that it is “always ready and able to protect the transit,” and the transit of troops is frequently obliged to call for assistance of our naval forces to protect itself during times of slight disturbances on the isthmus, and that both national and Panama State governments have lately urged our assistance most strenuously when their authority was disputed by less than two hundred men.
I mention this to show that we have to rely mainly upon our naval forces for our own protection.
My main objection to advise the commander of the James Adger to deliver up the marine was that he acted under orders, and could not be justly tried by a court-martial of his own ship.
I am, very respectfully, your obedient servant,
Hon. A. A. Burton, United States Minister, Bogota.
Mr. Burton to Mr. Rice
Sir: Your two notes of November 24, 1865, relating to the killing of a negro on the wharf at Aspinwall by a sentinel of the United States steamer James Adger, on the 10th ultimo, was received to-day. I will thank you to inquire into and inform me as fully as practicable of the facts connected with the occurrence.
I am, sir, your obedient servant,
F. W. Rice, Esq., United States Consul, Aspinwall.
Señor Santiago to Mr. Burton
The annexed documents will inform his honor of the unfortunate occurrence in Panama on the 10th of November last, being the cauesless killing of a British subject by a soldier or mariner belonging to the United States steamer James Adger.
The undersigned calls the attention of his honor to the various circumstances which give to this act a delicate character, and which, without doubt, will induce the immediate and decided intervention of the honorable minister resident of the United States to cause the guilty to be delivered to the local authorities for due trial; and that he will disapprove the conduct of the North American agents, who have prevented the justice of the place from satisfying the demands of morals and the offended law on the author of the death of Holmes.
The undersigned does not believe that his honor can interpose any objection to the obvious principles adduced by the authorities of Panama against the false theory adopted by the commander of said steamer, and by Consul Rice, in order to withdraw from the territorial jurisdiction him who has committed a crime without his vessel, in the exercise of functions arbitrarily committed to him, against an honorable and innocent individual, and in abuse of hospitality and privileges extended.
On the contrary, the undersigned is persuaded that the crime of the 10th of November will have excited the noble personal sensibility and patriotic delicacy of his honor, and that the unjustifiable conduct of those who have thwarted or mocked the action of the legitimate authorities cannot but be rigorously characterized and prepared for a complete condemnation on the part of his honor.
The undersigned therefore abstains from all reflections which will occur to his honor, in order to pay due respect, in the name of his government, to the rights of Colombia, whose sovereignty is armed with exclusive power to try and punish crimes committed within her territory, and to satisfy, as is her duty, the demands of prompt and full justice, made in the name of the government of her Britannic Majesty.
Knowing, as his honor knows, the solicitude with which the government of the undersigned has, in not omitting any effort or lawful sacrifice to give to the interoceanic way the [Page 470] greatest possible security, even to denying itself all purposes of gain on the isthmus and satisfying every liability for disorders occurring there, his honor will improve the present solemn opportunity of giving and renewing to the agents of his government in that part of the Colombian territory, and for the information and obedience of commanders of vessels going there, the necessary instructions, to secure deference and respect to the laws and national authorities which are there, to secure to them, above all, the gratuitous and pacific benefit of that natural privileged place, and from which they and all the world receive only the advantages of communication and commerce.
The undersigned improves the opportunity of presenting anew to his honor the assurance of his high consideration.
Señor Cespedes to Mr. Rice
UNITED STATES OF COLOMBIA—SOVEREIGN STATE OP PANAMA—PREFECTURE OF THE DEPARTMENT—NUMBER 405.
Aspinwall, November 11, 1865.
The alcalde of this district, now busy with the investigation of the occurrences of last night, that is, the murder of a Jamaican by a shot from a gun in the hands of a soldier belonging to the United States war steamer James Adger, informs me officially that he needs the soldier at his office to explain the facts of the case above mentioned.
I make this known to you that you may request the captain of the said soldier to send him to the alcalde’s office to give his deposition.
It is hardly necessary to call your attention to the nature of the offence committed on Colombian territory, to induce you to use your efforts for the satisfaction of public justice.
Your obedient servant,
JOSÉ A. CESPEDES.
The Consul of the United States of North America.
A true copy:
ITURRALDE, Secretary of State.
A true copy:
Mr. Rice to Señor Cespedes
Sir: I have received your note of yesterday, requesting me to send a marine of the United States navy, who “is said to have killed a man of color while said marine was doing his duty as sentry on the United States steamer James Adger, to the office of the alcalde.
In reply, I have to say that the man is at the alcalde’s disposal whenever he needs him, on the condition that you will send him back to the vessel as soon as he is examined.
With respect, yours,
F. W. RICE.
The Prefect of the Department of Colon.
Correctly translated by the public interpreter, John Barsallo.
A true copy:
Señor Cespedes to Mr. Rice
UNITED STATES OF COLOMBIA—SOVEREIGN STATE OF PANAMA—PREFECTURE OF THE DEPARTMENT—NUMBER 406.
Aspinwall, November 12, 1865.
Your official note of this date has been received in this office, and the undersigned is surprised at its contents. By our laws, and I believe by the laws everywhere, those who commit any offence, wilful or involuntary, are considered as guilty of a crime, and cannot be [Page 471] witnesses at their own trial; therefore the undersigned cannot give the consul the guarantee requested. The undersigned informs the consul that the crime committed is a common one, and one of the most grievous known, committed outside the jurisdiction of the United States government, which is confined to occurences on board their vessels of war, and does not extend to foreign territory.
So the criminal must be tried by the laws of this country, where the crime was committed, and therefore the undersigned hopes the consul will claim the criminal from the captain of the James Adger, to be delivered up to the competent judge for trial.
Your obedient servant,
JOSÉ A. CESPEDES.
The Consul of the. United States of North America.
A true copy:
ANDRES F. BRID, Secretary of the Prefect.
Iturralde, Secretary of State.
A true copy:
Mr. Rice to Señor Cespedes
Sir: I have received your second note, dated yesterday, in reference to the recent unfortunate accident, to which you allude in your first note. You say you need the seaman’s presence “to take his deposition before the alcalde.” On hastily reading your first note, I did not understand you as wishing to present the seaman to the alcalde as a criminal, nor am I certain of it now that I have read the note more carefully. But I was mistaken in your meaning, as your note of yesterday shows. I will now present your petition to the commander of the James Adger, but I cannot advise him to give the sailor up as a criminal. He was in the discharge of his duty when the accident happened, and was acting under orders from his superior officers. The vessel was coaling at the wharf, and by virtue of the special privileges granted to the government of the United States on this isthmus the local authorities have no right to interfere in the affairs and discipline of our vessels of war, while at the wharf or at their anchorage, I repeat, if the prefect wishes to investigate the affair, to report the facts to his government, the commander of the James Adger has not the least objection to furnish the information required, by interrogation on oath of any of his crew who were witnesses of the occurrence mentioned in your note.
Respectfully, yours, &c.,
F. W. RICE.
The Prefect of the Department of Colon.
Correctly translated by Juan Barsallo, public interpreter,
A true copy:
ITURRALDE, Secretary of State.
A true copy:
Señor Cespedes to Mr. Rice
UNITED STATES OF COLOMBIA—SOVEREIGN STATE OF PANAMA—PREFECTURE OF THE DEPARTMENT—NUMBER 407.
Aspinwall, November 13, 1865.
The prefect acknowledges the receipt of your official note of this date. In his first note to you about the act of the soldier on the James Adger he said, “the person was wanted to give his deposition,” and that is a preliminary examination that every judge has a right to make of the acts of the accused, but not on oath, for his instruction.
The prefect knows that the consul is perfectly aware of the correctness of the process, for it is customary among all nations, and hence his surprise at the note yesterday, and the reply, “that by our laws, and I believe by those everywhere, those who commit any offence, wilful or involuntary, are considered as guilty of a crime, and cannot be witnesses at their own trial; [Page 472] and therefore the undersigned cannot give the consul the guarantee requested.” The prefect understands that though you will demand the accused from the commander of the James Adger, you will now advise him to be given up as a criminal. Your attempt to justify an act that resulted in the death of a man is so futile it needs no notice; yet you will agree that the sentry had no order to fire on the Jamaican; for, in the discharge of his duty, he is commanded to kill nobody, but simply to guard the vessel at the landing.
The event will be made known to the president of the State to-day, that he may give instructions about the unpleasant affair.
I remain your obedient servant,
JOSÉ A. CESPEDES.
The Consul of the United States of America.
A true copy:
Iturralde, Secretary of State,
E. de la Torrens, Chief Official in the Department of the Interior and Foreign Relations.
Mr. Henderson to Señor Perez,
Sir: I have received a despatch from Mr. Taylor, British vice-consul at Aspinwall, informing me that George Holmes, a British subject, was killed by a gun-shot, in that place, on the night of the 10 instant., From information given to Mr. Taylor, he learns that, about eleven o’clock on the night mentioned, Holmes went under one of the sheds to rest himself when a sentinel belonging to the ship James Adger, of the United States, who had been stationed on the wharf—I cannot say for what purpose or by what authority—came up to him and asked him for tobacco and money. Holmes refusing, the sentinel ordered him to leave the wharf, and as he did not obey, shot him dead instantly. It may be well to add that George-Holmes was a respectable man, well acquainted with military discipline, as he served twelve years in the British army, whence he was discharged in 1860, with a certificate of good conduct, a medal of honor, and a pension. It is also well known that the covered wharf where he met his death is a place where laborers of Aspinwall often sleep, and I have not been able to learn that any notice was given on that night that the wharf was occupied by a foreign military force, authorized to eject persons that were in the habit of coming there at night to rest from their labors.
I am sure you will agree with me that this is a case that requires immediate and careful examination by the courts of the country; and I respectfully request you to enable me to inform her Majesty’s government of the steps that have been taken for a vigorous and formal trial, and punishment of the accused, if he be found guilty.
I have the honor to remain, your very obedient servant,
C. A. HENDERSON.
A correct translation by the public interpreters Manuel De J. Bermudez,
A true copy:
E. de la Torrens, Chief of the Department of the Interior and Foreign Affairs.,
Señor Jil Colunje to Mr. Rice
UNITED STATES OF COLOMBIA—SOVEREIGN STATE OP PANAMA—EXECUTIVE POWER— PRESIDENCY OF THE STATE—NUMBER 66.
Panama, November 20, 1865.
Sir: I have examined your correspondence with the prefect of Aspinwall, about the violent death of George Holmes, a British subject, by the hands of a soldier or seaman on the James Adger, of the United States navy.
The soldier or marine was acting as sentinel on one of the covered wharves in the port of Aspinwall; the prefect claimed him from you, that he might give preliminary evidence, and you replied, “that the man was at the disposal of the alcalde whenever he needed him, on the condition of returning him to the vessel as soon as he is examined.” The prefect expressed surprise at your answer containing these words: “I will now present your petition [Page 473] to the commander of the James Adger, but I cannot advise him to give the sailor up as a criminal. He was in the discharge of his duty when the accident happened, and was acting under orders from his superior officers. The vessel was coaling at the wharf, and by virtue of the especial privileges granted to the government of the United States on this isthmus, the local authorities have no right to interfere in the affairs and discipline of our vessels of war, while at the wharf or at their anchorage.”
Allow me to say, Mr. Consul, in all frankness, that your language just quoted is neither acceptable to the national government, nor to the local government, of which I am chief. In the first place, the prefect did not beg you to deliver up the man, but commanded it, by the sovereign right that every nation exercises over its own territory—a right which the United States of Colombia have not abdicated to any other nation.
In the second place, your duty was, not to advise the commander of the James Adger not to give up the culprit, but to let him know it was his duty to give him up, to be tried by the Colombian authorities as the murderer of George Holmes. In the third place, although the James Adger was coaling at the wharf, as you say, the seaman was not authorized by the public authorities to stand as sentinel on the wharf, and even if he had, the crime committed was in violation of Colombian laws, as vessels of war have no jurisdiction on shore, and the country’s jurisdiction extends three leagues at sea.
Your nation does not enjoy the special privileges you invoke. The United States have relinquished none of their sovereignty to your nation, or to any other. As proof of what I say, I enclose you a copy of the treaty of 1846, which was sent by our secretary of foreign relations to Mr. Burton, your minister, on the 16th of October last, though I presume you are already acquainted with it.
Now, I deem it my duty to claim, as I now do, the murderer of George Holmes, to be tried according to law; and I desire an immediate reply, so that I may inform my government of all that has occurred in this case.
With great consideration, I remain your obedient servant,
JIL COLUNJE.
Mr. F. W. Rice, United States Vice-Consul at Aspinwall.
A true copy;
E. de la Torrens, Chief Official in the Department of the Interior and Foreign Affairs.
Señor Cespedes to Señor Perez
UNITED STATES OF COLOMBIA—SOVEREIGN STATE OF PANAMA—PREFECT OF THE DEPARTMENT—NUMBER 111.
Aspinwall, November 14, 1865.
Mr. Secretary of State: Enclosed you will find certified copies of the notes that passed between the American consuls at this port and the undersigned, all referring to the murder of a Jamaican by a soldier of the steamer James Adger, on the night of the 10th instant. You will see by them that the consul refused to deliver the criminal to the authorities here, in violation of our laws.
Primary examination shows the facts of the case, that the accused is guilty, and the undersigned will send a copy of the minutes if you desire it.
The British consul at this port has written the facts to his colleague in Panama, I have been told, and they are already condemned in public opinion.
Your obedient servant,
JOSÉ A. CESPEDES.
A true copy:
E. de la Torrens, Chief Official in the Department of the Interior and Foreign Relations.
Mr. O’ Leary to Señor Perez
Sir: By the mail which reached this capital yesterday, with sentiments of horror and indignation, which I am sure will be shared by every Colombian, I hear of the assassination of a respectable British subject, named George Holmes, in Aspinwall. From the account [Page 474] of her Majesty’s consul in Panama, it seems that about eleven o’clock at night, on the 10th of November last, Holmes went under one of the covered wharves at Aspinwall to sleep, when a sentinel belonging to the American gun steamer James Adger, who had been posted there without authority, came up to him and asked him for tobacco and money. Holmes refusing, the sentry ordered him to leave the wharf; and as he did not obey, shot him dead upon the spot.
According to report, Holmes was a man of good character, well acquainted with military regulations, as he served twelve years in the British army, whence he was honorably discharged in 1860, with a certificate of good conduct, a medal and a pension. It is also well known that the covered wharf where he was killed is a place in which laborers often sleep; and I have not been able to learn that any notice was given on that night that the wharf was occupied by a foreign military force authorized to eject persons that were in the habit of coming there at night to rest from their labors.
The authorities of Aspinwall having examined the case and obtained sufficient evidence of guilt to authorize a criminal prosecution, demanded the surrender of the accused; but, as you know, their laudable efforts for justice have been frustrated by circumstances which they could not control
As it is the duty of the national executive power to see that the laws of the republic are enforced, I have no doubt but the case will be instantly attended to, with all the energy it demands.
It is scarcely necessary to add that I will be much obliged to you for information of whatever is done in the case by the government.
I embrace the occasion to renew the assurances of my distinguished consideration.
CHARLES O’LEARY.
His Excellency Santiago Perez, Secretary of State of Colombia for Foreign Affairs.
A true copy:
Mr. Burton to Mr. Perez
The undersigned, minister resident of the United States of America, has heard with sincere regret, by a communication which his excellency Señor Santiago Perez, secretary of the interior and foreign relations of the United States of Colombia, did him the honor to write him under date of the 22d instant, of certain occurrences at Aspinwall, which resulted in the death of the British subject George Holmes, on the 10th of November last.
The undersigned has hastened to direct the appropriate inquiries into the circumstances attending the unfortunate event, and will be grieved to know that his excellency’s condemnation of the conduct of the officer named is justified by the facts; and that the affair may receive the attention due to its gravity, no time will be lost in placing it before the government of the United States, and no pains spared which may be conducive to the ends of justice.
The undersigned avails himself of the occasion to assure his excellency of his distinguished consideration.
His Excellency Señor Santiago Perez, Secretary of the Interior and Foreign Relations.