No. 180.
Mr. Scruggs to Mr. Fish.
Legation of
the United States,
Bogota
,
January 7, 1874.
(Received February 5.)
No. 27.]
Sir: Before receiving your No. 15, of the 29th
October last, I had already received from the officers of the Panama Bail
way Company a full statement of the late troubles on the Isthmus, and of the
consequent interruption of its railway transit. It was accompanied by a
representation and a formal protest, addressed to the President of Colombia,
which I had, on their behalf, placed before the government here.
I had likewise suggested, orally and informally, to the Colombian minister
for foreign affairs, that the government increase its national guard on the
Isthmus sufficiently to deter attacks upon the road, and to keep the
interoceanic transit free from interruption by local factions. After
receiving your No. 15, I immediately addressed Mr. Colunjé the formal note a
copy of which, together with his reply thereto, is herewith submitted. It
will be observed that, by the terms of the new executive order, the national
guard in Panama is never to be less than two hundred strong, and that its
specialty will be to afford protection to the Isthmus Railway against the
violence of local factions.
The placing of this force under the direction of the state authorities of
Panama is, in my judgment, a defect in the efficacy of the means proposed;
but, under a constitutional provision of this country, it is difficult to
see how it might have been avoided.
I have, &c.,
[Inclosure 1 in No. 27.]
Mr. Scruggs to
Señor Colunjé.
Legation of the United States,
Bogota
,
December 19,
1873.
The undersigned minister resident of the United States of America, in
compliance with a request by the officers of the Panama Railway Company,
has already had the [Page 356] honor to
transmit to the government of his excellency the Hon. Jil Coluujé,
secretary of the interior and of foreign relations of the United States
of Colombia, a representation and protest by said company relating to
the recent disturbances on the Isthmus, and to ask that the railway
transit of the Isthmus be in future better protected by the government
of Colombia from the violence of local factions.
The government of the undersigned deems it important in the interest of
general commerce, and especially of the carrying-trade of that route,
that these disturbances should, in the future, be more effectually
guarded against.
By the treaty with New Granada of 1846, the obligations of which were
assumed by its successor, the United States of Colombia, the Government
of the undersigned engaged to guarantee the neutrality of the Isthmus of
Panama. But this engagement has never been acknowledged to embrace the
duty of protecting the road across the Isthmus from the violence of
local factions. It is therefore regarded as the undoubted duty of the
government of Colombia to protect that road against attacks from local
insurgents.
The undersigned is accordingly instructed by his Government to bring this
matter to the attention of your excellency, and to ask that a sufficient
force be kept on the Isthmus to deter attacks upon the road, its
officers and employés.
With renewed assurances the undersigned has the honor to remain,
&c.,
[Inclosure 2 in No.
27.—Translation.]
Señor Colunjé to
Mr. Scruggs.
United
States of Colombia, Office of Foreign
Relations,
Bogota
,
December 26,
1873.
The undersigned, secretary of the interior and foreign relations of the
United States of Colombia, at the same time that he acknowledges the
receipt of the protest made by the representatives of the Panama Railway
Company, directed to him with the note of the 6th of the present month
by the Hon. William L. Scruggs, minister resident of the United States
of America, has the honor to answer the other note of the 19th of the
same month, in which his excellency manifests that his Government deems
it important in the interest of general commerce, and especially of the
transit of that route, that in the future disturbances, such as recently
have occurred there, be avoided by the government of this union
stationing a sufficient force there to protect the transit against the
violence of local factions, and to prevent attacks upon the road itself,
its officers and employés.
As the honorable minister in his note observes, the stipulations of the
treaty of 1846, by which his Government compromised itself to guarantee
the neutrality of the Isthmus of Panama, did not include the obligation
to protect the railroad against the class of violences referred to, the
undersigned, makes known from the present that the Colombian government
has considered, and will always consider as its exclusive function and
duty, to give that protection, a protection which this government has
never refused, although it may have appeared inadequate during the late
disturbances, on account of the magnitude of the acts committed at so
great a distance from this capital. Furthermore, the undersigned
communicates to his excellency the minister, that on the 15th of the
present month, a decree was invade, to the end that hereafter no
disturbances may be permitted on the line of the railway; a decree for
the prompt enforcement of which there will always be a sufficient
national force in Panama at the disposal of the state government.
By this provision, which Mr. Scruggs will read in the annexed note, the
President of this union hopes that the public tranquillity on that
interoceanic road will be made secure; with which will be satisfied the
most ardent desires of the government of the undersigned, the wishes of
that which his excellency so worthily represents, those of the railroad
company, and those of universal commerce.
The undersigned feels a particular pleasure in reiterating to the
honorable Mr. Scruggs the assurance of his high consideration,
&c.
[Inclosure 3 in No.
27.—Translation.]
United
States of Colombia, National Executive Power,
Office of
Foreign Relations, section 2, No. 173,
Bogota
,
December 15, 1873.
To the Honorable Secretary of War and
Marine:
The frequent armed revolution in the State of Panama, and the grave
circumstance that the principal center of these revolutions is almost
always the capital of that [Page 357]
state, the western terminus of the interoceanic railway, constructed in
that part of the republic to which the government of the union owes
especial security, have persuaded this government that it is altogether
impossible for it to fulfill that duty there, if there be not prevented
in the most efficacious manner, as well in the city of Panama as all
along the line of the railway, any interruption whatever of public
order, be its magnitude whatever it may; as there every movement of this
kind produces suspension or checking of traffic, danger more or less
real to the persons and interests of passengers, and universal discredit
for the enterprise, for the state, and for the nation.
To the end, therefore, that such deplorable acts may not be repeated, and
that if repeated they may be immediately repressed, the citizen
President of the union decrees that the national forces in Panama be
always of the number of two hundred men at least, and that the commander
of it there be instructed, as the most important of his orders, this:
That he and the force under his command must be always ready to pre-,
vent or repress, under the direction of the local authorities, any
disturbance whatever of public order on the above-mentioned line of
railway. The President desires that these orders be fulfilled in the
very shortest time possible.
Your most attentive servant,
JIL COLUNDÉ.
Bogota
,
December 31,
1873.
