Mr. Seward to Mr. Burton
Sir: With reference to the decree of President Mosquera of the 17th of August, a copy of which accompanied your despatch No. 273, of the 13th of September, I have to remark that that part of the first article which directs the exaction of tonnage duties from the vessels of those nations which have no postal convention with the United States of Colombia would not be applicable to vessels of the United States, if the postal convention with New Granada of the 6th of March, 1844, is to be regarded as in force. It cannot be ascertained from the record and files of this department that the convention referred to has been terminated pursuant to the stipulation upon that subject in the eleventh article.
The consul at Panama has transmitted to the department a copy of a communication to him of the 20th ultimo, from the President of that State, claiming the right under the decree to exact tonnage dues from our vessels. This pretension, however, will not be acquiesced in, pursuant to the terms of the decree itself, and even in the absence of a postal convention would be regarded as unwarrantable under the 35th article of the general convention with New Granada of 1846. The views of my predecessors, Messrs. Marcy and Cass, upon this subject, are entirely concurred in. Under these circumstances it is to be hoped that the Colombian authorities will make no attempt to exact tonnage duties from our vessels carrying passengers and mails to Aspinwall and Panama.
I am, sir, your obedient servant,
Allan A. Burton, Esq., &c., & c., & c.