[Extract.]

Mr. Burton to Mr. Seward

No. 288.]

Sir: I have the honor to inform the department that President Mosquera tendered his resignation of that office to the national supreme court on the 6th instant, but which was not accepted.

* * * * * *

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

ALLAN A. BURTON.

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

[Translation.]

In conformity to article fifth of the law of May 19, 1863, the resignation of the high post of President of the United States of Colombia can be accepted by the supreme court; and I now address you with the object that you, as president of the supreme court, may submit to the consideration of that body my formal renunciation of that office, to which I was spontaneously called by the people while absent from the republic.

I have made great efforts to save the country by calling the attention of the nation to its material interests, in order to secure its prosperity and to consolidate the public peace.

The administration of Doctor Manuel Murillo has left the country prostrated by reason of his incapacity to improve the national finances. I have found nothing but disorder and the disregard of all the laws regulating the national credit.

The congress of 1865 passed an ill-considered law on supplies furnished the belligerents in the civil war, which the supreme court has had to obey, and to impose on the nation, against the feelings of its members, a burden of more than four millions of dollars; and the efforts that I have made to diminish the evil have stirred up a commotion among the forgers of false claims and proofs in their support.

In adjusted military claims the abuses are without number, and by forged certificates the nation has been charged with at least a million of dollars through the neglect of the public treasury of the last administration.

The archbishop of Bogota and other bishops are in complete rebellion against the institutions of the country, and have usurped, the national authority by erecting tribunals, and the legal measures that I have adopted serve the conservative and golgotha opposition for making attacks on the executive branch of the government.

The circular on public order, which is nothing more than a frank avowal of the principles which uphold the public peace in all countries, and which are in consonance with the constitution, have aroused the spirits of the ambitious, who wish to seize on the governments of the states, as if the principles proclaimed were annulable.

There is, citizen President, a purpose to disturb the public peace, and, as I am the disturbing cause, for the conservatives as well as the fanatics and golgothas know that I have the means and will to suffocate revolutions, they appeal to assassination to take me from among them; they cry out tyranny and Cæsarism to enrage the masses. None of the members of the supreme court are ignorant of what is passing, and the abuses of the freedom of the press to excite the people to rebellion. That the conspirators may have greater facilities for operating I withdraw from command. Let the people, who have the power to save themselves and leave me quiet in my home, even till it be assailed by terror and anarchy, when I will be found calm and serene, lamenting the aberrations of political parties.

The magistrate who has given so many proofs of zeal for his country as I have done [Page 817] ought not to serve a community in which there is no moral sanction, and where revolutionary nullities (worthless fellows) aspire to power in order to fatten on dissensions and changes.

Such are, among others, the grounds on which I base my renunciation.

T. C. DE MOSQUERA.

The President of the Supreme Court of the Union.

[Translation.]

Decision of the federal supreme court.

In Bogota, on December 7, 1866, the court being assembled for consultation as to the renunciation of the great general President of the United States of Colombia of the office of President thereof, the magistrate Señor Doctor Emiliano Restrepo E., made the following motion:

“The supreme court does not accept the renunciation of the office of President of the Union, made by the great general T. C. de Mosquero. The president of the court will incorporate in his response the reasons which influence the court in declining to accept said renunciation.”

This proposition, after full discussion, was approved by yeas and nays; voting affirmatively, Señors Ceron, Gutierrez, Nuñez, and Restrepo E.; and negatively, Señor Araujo.

It was requested by the magistrates who voted in the affirmative to set forth in the answer to be given by the president of the supreme court to the President of the Union the following ideas: 1. The causes on which the President of the Union bases his renunciation show that it ought not to be accepted. 2. The assertion of the President of the Union that he has “the means and the will” to suffocate the revolution which it appears is feared, the court would be morally responsible for the anarchy which would overrun the country if the present President of the country were out of that office, and the revolt should break out which he declares that he “is willing and able to suffocate.”

Whereupon, this convention is ended and signed by the members of the court in the presence of the undersigned, secretary thereof, and which he testifies.

ANDRES CERON.

MARCELINO GUTRIERREZ A.

JOSÉ ARAUJO.

EMILIANO RESTREPO E.

AGUSTIN NUÑEZ.

Vicente Vanegas, Secretary.