No. 98.
Mr. Fish to Mr. Hurlbut,
Washington, March 5, 1872.
Sir: I have to acknowledge the receipt of your dispatch, No. 74, of the 16th of January last, inclosing your reply to Señor Zapata’s notes of the 5th of that month, on the subject of the Montijo case. On the 26th ultimo I addressed you an instruction (No. 60) upon this subject. I have now to inform you that a few days since Mr. Perez called on me saying that he was instructed to inquire whether the United States Government are willing to continue the discussion of the Montijo question here in Washington.
I replied in the negative, unless the Colombian government were prepared to make a proposal for a settlement sufficiently comprehensive to include an apology or atonement for the act, and indemnification to private owners, but that we do not desire to transfer the discussion from Bogota to Washington. I told Mr. Perez you had received a reply from the Colombian government, which assumed to be final, but was wholly unsatisfactory to this Government. I added, that before resorting to such proceedings as may ultimately become necessary, you are instructed to ask a reconsideration, by the Colombian government, of its last communication.
Mr. Perez expressed satisfaction that an opportunity is given to reconsider the question, and said that the time is favorable, as the Colombian congress is now in session. He asked what course this Government would pursue in case there be no change of position on the part of Colombia. I said that I was not prepared at that time to answer this question fully, but intimated as one thing that might probably become necessary, notice on our part to terminate the treaty which guarantees the isthmus, and said that it was not expedient at present to discuss what other measures we might be obliged to adopt.
I am, &c,