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

No. 218.]

Legation of the United States, Bogota , February 7, 1866.

Sir: Until the receipt on to day of your despatch No. 135, dated December 20, 1865, I was not aware of my omission to send to the department a copy of my note in answer to that of the foreign secretary of October 16, 1865, complaining of Acting Rear-Admiral Parson’s proceedings at Panama, on September 4, 1865. I now hasten to enclose it, marked A.

I am deeply sensible of the honor implied in the determination of the department to await my further views on this matter before giving instructions to direct my action concerning it. I will venture to comply with the delicate duty imposed by stating that after carefully considering the Acting Rear-Admiral’s note to the President of Panama I have not been able to discover anything in its substance in conflict with a fair interpretation of the 35th article of our treaty. It would perhaps have been more politic had he confined his note to the explanation given of the circumstances which led to his attending the funeral of Consul McKee without asking permission. This ought to have satisfied the President, whose own behavior was by no means attentive or decorous. It appears to me, therefore, that the government of the United States might, with good effect and without compromising any substantive right, express to Colombia its regrets that any misunderstanding as to their respective rights and duties should have arisen between the subordinate agents of the two governments, attributable, doubtless, to anomalous circumstances, and unpremeditated, and that, to avoid the possibility of like painful occurrences in future, orders had been given to the United States naval officers on both sides of the isthmus to carefully abstain from landing marines or troops on its territory without the consent of the Colombian government, first obtained from its agent at Panama or Aspinwall, except for the purpose of transit, or in case of the obstruction of the railroad, or of extraordinary violence to American citizens, from which they shall be in imminent danger of suffering great harm, and provided there shall be no other available means of shielding them from impending peril; which orders to be also communicated to the United States consuls at the termini of the road for their guidance. Some mark of respect to the President of Panama, purely ceremonial, and which would not imply the admission of intentional wrong on the part of Rear-Admiral Pearson, might be judicious. I venture to add that in my opinion discussion of the points taken in the secretary’s note had as well be avoided at present, without admitting them.

From various informal conversations held with the foreign secretary, I feel quite sure that the Colombian government does not expect more than this, and I believe less. At any rate, I hesitate not to say that it would be well received, and go far towards allaying any jealousy or irritation that may have grown out of the occurrences mentioned in my Nos. 198, 211, and 212. We ought, perhaps, without making it a precedent, to pay Mr. Heady the damages done him by our soldiers. As to his case and the killing of George Holmes, I shall await the directions of the department. I beg to suggest that, owing to my great distance from the isthmus, the department institute direct inquiries into these cases.

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

ALLAN A. BURTON.

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

A

Mr. Burton to Señor Perez

Legation of the United States of America, Bogota , November 20, 1865

The undersigned, minister resident of the United States of America, had the honor to receive on the day of its date, the communication which his excellency Señor Santiago Perez, secretary of the interior and foreign relations of the United States of Colombia, was pleased to address him under date of October 26, 1865, accompanied by copies of a correspondence held in September last between Acting Rear Admiral G. F. Pearson, commanding the United States squadron in the Pacific ocean, and the executive of the State of Panama, and in which communication his excellency has been pleased also to present his views as to the reciprocal rights and obligations of the two republics arising out of the 35th article of the treaty concluded between them on December 12, 1846.

Although the undersigned has, from protracted indisposition, until now been denied the honor of acknowledging the receipt of his excellency’s communication, he nevertheless did not delay to place the same before his government for its orders, which he awaits, and expects soon to receive. The importance of the views announced by his excellency rendered, in the judgment of the undersigned, this course eminently proper if not indispensable, and which was the more admissible, inasmuch as no inconvenience could result from the delay necessary to this end, Acting Rear-Admiral Pearson then having already submitted his action to his government, and must have received its directions at the date of his excellency’s communication, or very soon thereafter.

Notwithstanding the apprehensions deducible, perhaps, from a strict interpretation of the earnestness of his excellency, the undersigned hopes—indeed he is sure—that it would be an act of supererogation on his part to combat for a moment the possibility, even, that the United States of America could under any circumstances be wanting in the legal justice and friendly respect to be expected from the intimate community of interests and the fraternal good understanding happily existing between the two republics.

The undersigned avails himself of this opportunity to offer to his excellency Señor Perez renewed assurances of his very distinguished consideration.

ALLAN A. BURTON.

His Excellency Señor Santiago Perez, Secretary of the Interior and Foreign Affairs, &c., & c., & c.