No. 87.
Mr. Hurlbut to Mr. Fish.
Bogota, September 29, 1871. (Received October 30.)
Sir: The affair of the “Montijo,” and the demand of the United States for punishment of Herrdra and his accomplices as pirates, have created a good deal of excitement in the public mind.
[Page 139]The press is not prepared to admit that the acts complained of constitute any offense, especially that of piracy.
I have very carefully examined their “criminal code” and find no definition of such an offense, and of course no punishment prescribed. The only provision on the subject recognizes “piracy” as a crime to be punished according to the law of nations. But, as is always the case in countries governed by a code, unless there is a specific definition and a specific punishment provided, offenders escape, especially when, as in this case, public opinion is not up to the reality of the wrong done.
You are doubtless aware that by the eminently absurd law now in force, the national government is prohibited, in terms, from intermeddling in any way with the parties belligerent, and is compelled to recognize a successful revolution as a government not only de facto but de jure.
At the last session of congress an attempt was made to change this law by inserting provisions analogous to those in our own Constitution, but it was rejected.
A better mode of perpetuating anarchy and popularizing rebellion was never invented, and for this reason armed rebellion is one of the most ordinary modes of acquiring power, and, like all successful things, is considered not only excusable but laudable.
In this state of things, both of the law and of public feeling, to characterize the acts of the Panama revolutionists as piratical seems to this people almost an insult to the nation, and of course we cannot expect any special activity or interest in bringing the offenders to justice. The administration is in advance of the popular sentiment, but even President Salgar is not up to the requirements of the occasion.
Herréra and Diaz, the chief offenders, have established themselves in business in Central America on the money which Correoso, president of Panama, gave them to make peace, money wrested from the merchants of Panama as a forced loan for defense, and on the spoils they made by seizures during the revolution in the places held by them.
Franceschi, one of the chiefs of the revolution, is returned (by contract) as member of Congress from Panama, although it is notorious that he was no candidate at the election, and did not receive a vote.
In this state of affairs I see no hope for any punishment to be inflicted upon these people, and it becomes a very serious question for the United States what course is to be pursued.
My hope is that the action taken by the United States may induce the next Congress to give the National Government some power of direct control over the peace and good order of the several States, some right to interfere, some power to punish, so that we can treat with this nation on comparatively equal terms.
I have in my hands claims presented by Schuber Brothers, the owners of the Montijo, for damages, both for the detention and injury of the veesel, and for personal damages for imprisonment, as also the claims of the master, mates, and engineer for the latter cause. I expect others by the next mail. As I am satisfied of the justice of these I shall present them, although I know that the country has no means to pay them.
I earnestly hope that the demand for reparation by punishment of the chiefs of the offenders will not be dropped.
In this connection, and with particular reference to the recent demand made in the port of Aspinwall, for the surrender of the American steamer Virginius by the Spanish Corvette Tornado, (of which you are doubtless advised), I respectfully urge that an efficient ship of the Navy [Page 140] be stationed at Aspinwall as her headquarters, making frequent visits along the coast as far as Laguayra, in Venezuela.
It will be very advantageous to us that such a vessel should show herself regularly in all the ports of the north coast of Colombia and Venezuela, and the voyages will keep the health of men and officers in better condition than if she remained in Navy Bay.
I am, &c.,