Mr. Burton to Mr. Seward

No. 217.]

Sir: The Colombian congress commenced its annual session on the 1st instant. On the 3d General Mosquera was declared elected President of the republic for the term to commence on the 1st of April next, when he will be inducted into that office for the fifth time. He will arrive here from Europe about the 1st of [Page 508] March. It is not expected that the congress will enter on any important business before his inauguration, although the country is much in need of legislative action. The congress is composed almost entirely of the Mosquerista branch of the liberal party, and the members are understood to be well disposed towards our country.

The message of President Murillo, a copy and translation of which I enclose— see also “Diario Oficial,” No. 551—will be found a statesmanlike paper, and is generally satisfactory. It is not to be disguised, however, that it pictures the condition and prospects of the country as he would wish them, rather than as they actually are. Taken literally, it is calculated to make a too favorable impression abroad. The chronic evils and wants of the nation are either passed by or barely alluded to, while the better side of the picture is, perhaps, a little hopeful.

A remarkable feature of the message is the just views taken of the rights of foreigners in Colombia. Should this policy be adopted by the congress, and respected by the States, it cannot fail to bring salutary results to the country. A large portion of the burden under which the latter labors in the form of public debt has arisen from the oppression of foreigners by unequal taxation and the seizure of their property. The message in this respect is in advance of its predecessors. It is scarcely to be hoped that the congress will adopt this enlightened policy, although it has taken it into consideration with some favorable indications, nor if adopted is it probable the states would observe it. As I have frequently said before, these unjust practices of the States in the time of peace, and of all in time of war, have been so long in use as to have become fixed habits with the natives, and their eradication difficult. I believe it not too much to say that the note which I was ordered to address this government remonstrating against the law of April 19, 1865, attached to my No. 204, had much influence in bringing about this desirable announcement by the executive.

The part of the message which relates to the isthmus may be regarded as highly important to our government, and in my judgment demands prompt and attentive consideration. This people, morbidly sensitive and jealous in all that may affect its dignity or sovereignty, is especially so with respect to that section of its territory. The proceedings of Acting Rear-Admiral Pearson, Commander MacDiarmid, General French, and Consul Rice, as they have been reported, and of which I gave some account in my Nos. 198, 211, and 212, have produced a feeling here which is to be regretted. This feeling does not extend to our government, but is confined to the alleged conduct of these officers. It is due to them to say that no definite or authentic information has reached me justifying the complaints made against them. The evidence in support of the charges which I have seen has appeared to me partial, and too incomplete to justify any decisive action until after further inquiry into the facts.

Our relations with the isthmus, arising out of the 35th article of the treaty of 1846, are the object of jealousy and envy on the part of Great Britain and France. As anticipated in my No. 192, explanations have been asked by her Majesty’s charge d’affaires as to the conditions under which British troops can be allowed to cross the isthmus. This move was probably intended to call out the result of General Sickles’s mission, about which the Colombian government has maintained entire secrecy. The government has experienced some embarrassment on the subject, but its answer, contained in the foreign secretary’s report, pages 105 and 106, herewith enclosed, will, I believe, be found satisfactory to our government. I feel fully justified in the opinion that both these powers would be gratified to see an end put to this article of the treaty, while neither is perhaps willing to enter into a similar one. It is not likely that Colombia will decide to give the stipulated notice for its termination. In connection with this subject I beg to refer to my No. 143, of January 16, 1865.

The concession recently made to an English company for the construction [Page 509] of a canal across the isthmus is an important measure. (See report of the secretary of Hacienda i Fomento, pages 64 and 114, hereto annexed.) I happened to know that an English company was preferred to others, for the reason that any danger of an undue preponderance of our influence on the isthmus will be thereby guarded against. I doubt the real purpose of the grant, and suspect that it will turn out a bubble. Mr. Daniel H. Teller, of New York city, has an agent here seeking a like privilege by a different route, but it is not likely that he will succeed.

British influence has been potent in this nation from its origin. Should that far-seeing people undertake the construction of this canal in good faith, and a diminution of our treaty rights be brought about, serious inconveniences might result to us. A formidable agency to this end is British capital. Substantially the whole of the Colombian foreign debt is held by British subjects, who have pledged as security 37½ per cent. of the custom-house receipts, which little more than pays the interest. This indebtedness has been considerably increased within the last five years, and there is a fair prospect that it will soon be greatly augmented by new loans and investments under the protection of the British government for projected roads, &c., which the wants of the country do not require, and which cannot redound to its interest. While it is not to be doubted that Colombian sympathy for the United States is strong, this control of her resources by Great Britian has heretofore been, and will long continue to be, a power difficult to combat. The wisest and most anxious Colombian statesman is unable to see where this power is to end; for the reduction of the public debt, or even a check to its increase, it is to be feared, is beyond the reach of the present or probable future capacity of the country. The want of adminisatative ability, integrity, and patriotism is calculated to inspire gloomy doubts of the final solution of the financial problem, without grave evils to the country.

In my No. 47 I reported a conversation held with an eminent politician of this country in relation to a projected separation of the State of Panama from the republic. This idea still exists with the people of that State. The federal government is not without fears of its ability to hold this part of its territory in subjection, and contributes $50,000 a year, nominally to aid in sustaining the local government, but really to attach the inhabitants to the confederation. The latter have an idea that once free from the interior, for which they have a strong aversion, and under the protection of a strong power, they would own the national interest in the railroad, establish custom-houses, and thus enjoy an abundance which they are not inclined to acquire by industrial pursuits. Were the guarantee of our treaty abrogated, and the Pacific road completed, it is hardly to be expected that Great Britain or France would look with disfavor on such an enterprise, which if opportunely undertaken, the chances would be largely in favor of its successful accomplishment.

These considerations, though in part speculative, have seemed to me not entirely unworthy of attention, taken in connection with the helplessness of Colombian finances. In illustration of the want of financial sagacity, and the depressed condition of the revenues, I refer to the report of the secretary of Hacienda i Fomento, herewith enclosed, pages 51–53. Injudicious as the operation there explained may appear, this government would repeat it to-day for a much larger amount. It has indeed had an agent in London for nearly a year, seeking loans for like purposes, which, if obtained, would amount to not less than ten millions of dollars. He has succeeded in part, as will be seen by the appendix to this report.

I beg to call attention to the accompanying report of the foreign secretary. The parts marked with the numbers of my despatches treating on the same subjects give a tolerably accurate statement of their present state. This document, as well as the report of the secretary of Hacienda i Fomento, contains some [Page 510] interesting information concerning the country, of which I will say more in a subsequent number, No. 219.

Despatch from the department No. 134, of November 9th, 1865, was received on the 5th ultimo.

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

ALLAN A. BURTON.

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

[Translation.]

MESSAGE OF THE PRESIDENT OF THE UNITED STATES OF COLOMBIA TO THE CONGRESS OF 1866.

Citizens, Senators, and Representatives:

The punctual meeting of congress this year in the midst of perfect peace fills my highest aspirations. Although still strong between the combatants the hatreds generated by a prolonged war, I found the Union entering on peace at taking charge of the executive power, and it has been my highest aim to surrender it to my successor in the same condition. This situation is, moreover, made secure by the demoralization of the party which might desire to oppose it, by the recognition which all have had to yield to the existing government, and by the palpable advantages of the liberal and tolerant policy which springs from the existing constitution. I therefore greet you with the greatest pleasure and congratulate you on your being able to betake yourselves to the labor of perfecting the present political regimen and providing for all the necessities of the Union in perfect calmness, without any apprehensions for the permanence of the work of Rio Negro (the national constitution) or the liberty and independence of our people.

The existing system of policy answers to the two great exigencies of progress—the union of forces in order to meet those difficulties against which local and individual action would be impotent, and that of dispersion, whereby the mission of multiplying and increasing on our immense territory is fulfilled and its soil submitted to our industry. While free scope is allowed to individual activity in all its phases, indispensable to moral and material progress, our system has resisted victoriously the efforts of the last representatives of interests which the regeneration has annihilated. That liberty cide contest, too well known to you, and the particulars of which are given you in the reports of the secretaries of war and of government, does not deserve notice in this paper, except in the confirmation of the assertion that our institutions, although apparently weak, carry within themselves in their fulfilment all the force necessary to their preservation, because they make the stability of the government the interest of all, and all for this reason come to its support in the day of danger. Thus is explained why a conspiracy very wide spread, secretly fed by the rancors of the conquered party to the last civil war, and by the great interests compromised in the transcendental measure of the desamortizing of mortmain property, did not succeed in misleading a single population of any importance into the strife; and on the contrary, beaten at its outbreak, and afterwards disconcerted and humiliated, that conspiracy may have consolidated what it undertook to destroy, and has ended, in my opinion, in an episode as mistaken as criminal—the history of a party whose existence was natural, and, perhaps, necessary, during one period of our social life, but which in the changes through which we are passing has to disappear, as have passed away the selfish interests which protected and sustained it.

This result, which will be so notable in our history, leaves the legislator to more elevated reflections than if the old parties might again soon appear to renew the combat. Setting out with this fact in view, and with the conviction that our institutions, although they may seem in the beginning to produce bitter fruits only, are fundamentally good—and the only ones the country wishes and desires to preserve—the labors of congress must and ought to be confined to perfecting and upholding them.

In some of the States, also, armed uprisings have occurred, which, without affecting directly the federal order, may have impugned the efficacy of our institutions by endangering their ascendancy. But an attentive consideration of these events will show that they are the exclusive result of the demoralization incident to the constant appeal to force with which we have been corrupted by the strifes of the two great parties, and chiefly from ignorance of the system itself. The recent establishment of the system, and its having been combated in advance, have not permitted its cardinal bases to be so generally understood as it is to be desired, nor the formation of habits consequent on it. The political education of a people is not to be accomplished within a year or two, nor is it reasonably to be expected that the most enlightened legislative body in the world can enact in a single year an entire political system, which in its execution which will not encounter difficulties apparently irresistible at first, or [Page 511] exempt from defects and omissions which the hand of the legislator will have to correct and supply.

Followed with perseverance and free from prejudice, applying ourselves to developing and perfecting it with confidence in the philosophic elements which it contains, it will be found, within a very short time, perfectly adequate to our present social condition. The preservation of peace at home and abroad will be sufficient to enable us to grow as a people, and to develop our forces on a surprising scale, without the necessity of modifying, in anywise, our fundamental institutions.

Our foreign relations have been maintained during the past year, and continue on the best possible footing for a people that neither pretends to exercise influence on the destinies of others, nor asks more than to be respected in its own way of existence, and in the equity of its commercial transactions. The governments of Europe with which we maintain frequent intercourse deport themselves in this respect with our country in a satisfactory manner. The essential parts of all the correspondence held by the appropriate department with the legations, relate chiefly to the protection of transient or resident foreigners, who have suffered some detriment in their persons or property.

The governments of advanced countries, whose administrations have reached almost all the perfection attainable, which have at their command easy and quick communications and agents, profoundly versed in their duties, with various other means of prompt and fit action, cannot be made to comprehend the difficulties which impede or annul official action among us. These difficulties are principally those consequent to a society of recent formation, with an immense territory, without ways of communication, and in which war has notably retarded the regular organization of the public power. Ignoring or forgetting so cardinal a difference of situations, those governments are severely exigent for the security of their subjects. Yet, on the other hand, it must be admitted that the habits of violence and the imperfect administration of justice, organic or occasional, and in not a few cases the indolence of the local political authorities, furnished just causes of complaint and reparation, which the federal government cannot less than recognize and accept the responsibility. Happily, in those which have been the subject of recent discussion, an equitable adjustment has been facilitated, by the rectitude of purpose and desire of conciliation manifested in their proceedings by the diplomatic agents accredited by those governments.

The declaration contained in the law passed by the last congress, that “the nation is not liable for the damages and injuries sustained by foreigners in time, or on account of war, but in such case they shall have the same rights and remedies as natives,” has not, as was easily to be foreseen, received the acquiescence of the European governments nor of that of the United States of America, which, far from adhering to it, have protested against the law, declaring that in all cases that may arise they will insist on all their rights. The principle, however justifiable it may be, not receiving the consent of the civilized powers in a condition to give to their protests the sanction of force, and adopting opposite principles, the nation has to submit to the consequences of that sanction.

Besides to enable us to insist on the declaration of this law, it would be necessary for us to give entire reality to the hypothesis, that when a people asks to be inscribed on the list of nations it is because it has complete capacity to organize its public administration, and above all that of justice, in such a manner as to give the greatest security possible to the property and persons of those who may come within its jurisdiction; because it cannot be pretended that foreigners will come to participate in the insecurity and violences so frequent in the ferocious civil wars endemic in our present social state. A contrary cause will draw after it better consequences, instead of reducing the foreigner to the insecure and humiliating condition of those who live at the mercy of the first revolutionist who may present himself, as still is the case with natives. It is more becoming us to learn from the scrupul us respect we owe to the person and property of the stranger, according to the general notions of public right, the respect due to our fellow-citizens, and thus give to our society the respectable character to which it aspires.

Although the crime of the 14th of April, 1865, in Washington, snatched from us, in the virtuous Abraham Lincoln, a true and kind friend to our people, the American government has continued to treat us with great deference and sympathy. The guarantee of sovereignty and neutrality which it promised us by the treaty of 1846, in exchange for the privilege of passing troops across the isthmus, has truly given rise to serious difficulties, because not all the agents of that government in the ports of the isthmus, and on the isthmus itself, possess the intelligence and morality, which the use of this concession implies. Grave wrongs have been committed by a soldier and the commander of a war vessel, and by the military in transit over the isthmus, for which I have not the least doubt that the American government will give us due satisfaction, and adopt for the future the proper precautions to avoid their repetition.

This treaty, which guarantees the neutrality and property of the isthmus, and concedes its free transit to the American government, will expire in 1868, should either party so notify the other one year before the expiration of the time signified. It is fit that you should discuss whether or not it will be convenient to continue that guarantee, with the consequences that may attend it, at a period more or less distant.

The exactions of money which have been made of some American citizens in the State of [Page 512] Bolivar, in virtue of a defective constitution, have given place to renewed reclamations by the American legation, to which it has not been practicable to answer satisfactorily with the indication alone of the constitutionality of the tax laws of that State.

Taxes may be objectionable for another class of reasons, such as accidental or political causes which may determine their extraordinary augmentation, and on account of the agents and the manner of their assessment and collection. But foreigners having no connection with these political causes, and from their condition exercising no influence on the government which appoints those agents and prescribes those terms, it is not just to impose these burdens on them, for the causes of which they are in no sense responsible.

For the want of diplomatic agents, and besides of speedy and secure communication between this capital and that of Venezuela, the questions arising out of the common navigation of the Zulia and the commerce between the two countries, our relations with the government of the United States of Venezuela were suddenly made to appear in an unfavorable light. But the sending of a consul general to Caracas, and the arrival in this capital of a legation of the first rank, entrusted to a subject full of good will towards our country, with some explanations and corrections, the precious perfect cordiality was re-established; so that it may be asserted with the greatest confidence that the questions pending between the two governments will receive an early and satisfactory solution.

The navigation of the Zulia continues with regularity, and the friendship and commerce between the two peoples is restored on the most liberal bases and the most fraternal aspirations.

The relations we preserve with Ecuador are found in a like state. Its government has shown itself animated by very friendly sentiments, solicitous to give explanations and satisfaction in the cases in which they have been demanded, and disposed to cultivate, upon a footing of reciprocal respect and equity, friendship and commerce between the two peoples.

The treaty celebrated with Costa Rica during the past year, in accordance with the instructions of the senate of plenipotentiaries, and the approval of which remained pending in the house of representatives after receiving that of the senate, is an act of the most transcendent importance, which you will permit me to recommend to your enlightened consideration. We cede, it is true, a portion of our territory by no means insignificant, but aside from the facts that it is unpopulated, and that we will not populate it for many years, it is useless to us; and by giving it in exchange for industrial and political concessions of great value, that laborious and moral people comes to fraternize entirely with us by a political assimilation of very considerable advantages for the future. By carrying into effect the stipulations of that treaty, Costa Rica, without losing any of her independence or freedom, would be almost as one of the members of our Union, with evident advantages for both.

A grave conflict has arisen between Chili and Spain, alarming all the peoples of Spanish origin, principally by reason of the extraordinary proceedings on the part of Spanish agents. The peoples who have not at their command great resources for war have cause of alarm when they see those who consider themselves stronger disregard the wholesome usages of diplomacy and deliver to the decision of the sword causes which in nowise affect great interests. In such cases all ought to protest energetically against such proceedings.

The non-recognition by Spain of the right which the peoples once her colonies on this continent have had, and still have, to an independent existence, and the obstinate war she made on them for more than fourteen years, from a spirit of domination, with bloody executions, left, as was natural, obstinate distrusts and hatreds, which cannot be combated now by any arrogant policy based on a preponderant squadron; and while she persists in it, America will witness complications which will produce only evils of every kind, as well to the aggrieved as the aggressors. It is the duty of every one of these governments to not lose sight of these events, and to be prepared for the time when they may knock at their doors, if the honesty of their policy shall not secure their withdrawal. It pertains to you to mark out for the executive power the line of conduct it is to follow in anticipation of such events.

With the government of the United Mexican States, as well as with the other republics of this continent, our relations are preserved in the same state as heretofore.

The exacerbation of mind proceeding from the practice of the constitutional doctrine by which religious belief and worship are placed without the jurisdiction of the government so long as they do not interrupt the public peace, has gone on losing its vehemence and gravity from day to day, and that essential basis of our Union is entering into the customs and producing the best results. The catholic clergy display their activity in their proper sphere of action; they write, preach, have educational establishments, administer the curacies and ecclesiastic benefits, but cannot intervene in the political or civil affairs of the people, and are sustained by the voluntary contributions of the believers.

The desamortization (unfettering) of what is called mortmain property, and the redemption of annuities on the treasury in favor of religious and charitable bodies, has been actively prosecuted, with the best results. These important measures have fared like all others which, through ignorance or prejudice, are rejected or condemned in the beginning. Their orderly execution, making palpable their advantages, has gone on giving them greater support in opinion, and will end in their irrevocable and general acceptance. Up to this time the sales of real estate amount to more than $5,000,000, and more than $2,000,000 applied to the redemption of annuities, in which latter operation more than $2,440,000 of the floating debt and $483,530 of the consolidated debt have been paid; and as the emission of floating bonds has [Page 513] not yet reached $7,000,000, still when they shall amount to $8,000,000, it is more than probable the total amount will be paid from sales and redemption yet to be made.

If these important economic operations are followed by a peace made sure by the genuine practice of our institutions, and by a methodical perseverance in opening and improving cheap ways of communication and traffic, industry may be raised from its present prostration, and soon after abundant fruits to the general well being and to the income of the revenue.

The latter produced in the year 1864-5, according to the data collected up to now, the sum of $2,555,573, and as the estimated sum in the appropriation bill was $2,225,000, the result is an excess of $330,573, obtained by the favor of peace and sustained regularity in the collection and management of the revenues. The increase of the revenue of the custom-house of more than 100 per cent. over the product of the preceding year, and of more than $500,000 above the amount fixed in the appropriation bill, is remarkable, as will be seen thus:

Products $1,337,946,881
Amount fixed in the appropriation bill 800,000,000
Difference 537,946,881

And nevertheless, circumstances never were more unfavorable to this branch of revenue, because war had paralyzed labor, ruined entire regions of the country, demoralized commerce, and deeply wounded all branches of industry, while the articles of most general consumption were at a high price, owing to the scarcity of cotton, and which was also the first year of the most moderate tariff we have had.

This fact, a new stimulus for the preservation of peace, demonstrates, moreover, that by persisting in a system of economy and severity in the service, the custom-houses may soon yield us $2,000,000, and with the income from the salt works, also increasing, we can easily balance our incomes and expenses.

The foreign creditors holding the old debt of Colombia received near $100,000 over the limits fixed to their demands by the convention adjusting them, and even more than they calculated to receive from the 1st January, 1867, forward.

The loan of a million of dollars, contracted to aid in opening the Buenaventura road, is religiously met, by paying the interest and gradually the principal.

But for the conspiracy of October last, and the unjustifiable conduct of the President of Magdalena in using for the expenses of a war purely local more than $70,000 of the proceeds of the custom-house at Santa Marta, at a time when those funds were more needed by the government of the Union, the situation of the treasury would now be notably more favorable.

The estimated revenues made approximately by the income of last year is $2,350,000, a sum with which may well be met the indispensable expenses of the service for the current year, as will appear from a draught of an act which will be presented to the house of representatives. The expenditures have been reduced more than $500,000, resulting in a great part from advantageous contracts for the manufacture of salt and from some other measures regulating the revenue system.

To the extent of the federal authority and so far as the resources of the treasury would permit, I have labored to encourage the opening and improvement of ways of communication Various engineers have traversed our territory with this object. The establishment of a telegraph between the capital and various points on the Magdalena river, and the capital of the state of Antioquia, is in a great measure realized. Two corps of hydraulic engineers are occupied in exploring the whole course of the river Magdalena, in order to determine the works necessary to secure its navigation by steam, from its mouth on the Atlantic to the highest passable point towards its source, so that no obstacle to its navigation may be found at any season of the year. The arrival of these officers, who are among the most distinguished of the corps of engineers of the United States of America, is due, in a great part, to the kind solicitude of the Secretary of State, Mr. Seward, an enlightened friend of our country.

By virtue of legal authority, after discussing and comparing divers projects, and without losing sight of the advantages and political dangers that may arise, I agreed to the grant of a privilege for the construction of an interoceanic canal across the isthmus of Darien. Any commentary or calculation touching the benefits which such a work would bring to the nation and to the world would be inadequate and foreign to this paper. I am satisfied that the simple announcement that the work is to be undertaken will be gratifying in a high degree to your patriotism.

With the deplorable exceptions of the officers of the battalion “Tiradores,” which composed the garrison of Panama, and a major with fourteen of the soldiers under his orders, were wanting in their duties by disobeying their chiefs in order to mix themselves with armed force in the local administration of the sovereign State of Panama, the rest of the Colombian guard has observed an exemplary conduct, being obedient in all respects to the government and respectful to the rights and liberties of their fellow-citizens. It had been reduced to less than eight hundred men, until the breaking out of the conspiracy in October made an increase of the public force necessary, which I have not believed I ought to reduce, as the end of my administration is near and my successor may judge the present force indispensable.

The accompanying reports of the secretaries of the departments give ample details of the [Page 514] matters to which I have briefly alluded. By their study it will be seen that if the present situation does not offer much that can satisfy the ardent desires of the patriot, it certainly awakens great hopes of entering on the fruitful career of labor. In order to develop its productive forces, nothing more is necessary than peace, a perfect administration of justice, and ways of communication.

War, and the animosities which attend and outlive it, distort and prevent the ideas of liberty and justice; and for this reason, my administration, constantly guided by the spirit of liberty and tolerance dictated by the Rio Negro constitution has appeared to many weak and even complacent towards the reputed enemies of the existing order of things. I trust that the authorized representatives of the Union, on a careful examination of my conduct through the term now about to expire, will find it strictly in accordance with the requirements of duty. I have held myself independent of every selfish, personal, or party influence, severely impartial in recognizing the right, solicitous in preserving the general order and in securing local and individual liberty, and I have not permitted the sacrifice of any social principle or interest confided to my loyalty and patriotism.

MANUEL MURILLO.

Bogota, February 1,1866.