No. 209.
Mr. Dichman to Mr. Evarts.
Legation of
the United States,
Bogotá, August 16, 1880.
(Received September 28.)
No. 198.]
Sir: Immediately upon the receipt of your No. 115,
of the 7th of June last, relating to the unfriendly action of the president
of the State of Panama towards the United States vessels Adams and
Kearsarge, I brought the contents thereof informally to the notice of
President Nunez, with whom I had an extended conference in relation to the
matter, in the course of which I endeavored to impress him fully with the
gravity of the occurrence, and also intimated to him, politely, but firmly,
that, in addition to whatever explanations his government might be able to
offer, the readiest manner in which your just complaints could be satisfied
would be by a frank disavowal of the act of the Panama executive.
As soon after this conference as the same could be prepared, I addressed an
official note to the secretary of foreign relations, a copy of which I beg
to inclose, and in both the language and substance of which I trust you will
find a correct interpretation of and a strict compliance with your
instructions upon this subject.
You will also please find inclosed a copy and translation of the answer of
the secretary of foreign relations, in which, after some introductory
remarks, being a recital of the substance of my note just mentioned, he
enters upon a lengthy explanation of the unfriendly act in question by
attributing the chief blame for the same to the imperfect transmission by
the telegraph of the orders from the government at Bogotá to the president
of Panama. He also states that the orders in question were discretionary;
and as the Panama executive saw fit to act without exercising any
discretion, his action is distinctly disapproved. After communicating the
steps taken by his government to prevent a recurrence of any similar action,
or any other cause of complaint in the State of Panama, the note of the
secretary of foreign relations concludes with expressions of friendly
considerations for the United States.
I am, &c.,
[Inclosure 1 in No. 198.]
Mr. Dichman to
Señor Rico.
Legation of the United States,
Bogotá, July 31,
1880.
Sir: In recent dispatches from my Government, I
am instructed to make earnest representations to the Government of the
United States of Colombia concerning the arbitrary act of the president
of the State of Panama in abruptly ordering a cessation of the friendly
operations of the United States war vessel Kearsarge in the waters of
the Bay of Chiriqui and the immediate withdrawal of the United States
war vessel Adams from the Gulf of Dulce, and to inform you that this
precipitate and inconsiderate act of the Panama executive is considered
at Washington as an unfriendly and discourteous act towards the United
States, the gravity of which is augmented by the fact that on the 6th
day of last May, only six days previous to the date of his extraordinary
communication to the consuls of the United States at Panama and
Aspinwall, conveying to them the orders above referred to, the president
of the State of Panama had been informed by me that as soon as the
orders given by the Navy Department of the United States could reach the
two vessels above mentioned they would cease their operations and
proceed on other duty, and that upon this assurance
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on my part freely given in order to allay
what seemed to me groundless disquietude on his part, he expressed
himself fully satisfied and agreed with me not to take any further steps
in the premises.
As you are undoubtedly in possession of a copy of this singular
communication of the president of the State of Panama to the consuls of
the United States at the Isthmus, I shall take the liberty of observing
in connection therewith that if, previous to venturing upon a step of
such gravity, the Panama executive had only taken the trouble of
informing himself correctly as to the status of the two ships in
question, he would have learned that on the 12th day of last May—the
date of his communication—the Kearsarge, having completed her errand,
had ceased her friendly operations in the Bay of Chiriqui and was about
to quit Las Bocas del Toro, under the orders of the Navy Department
given some time previously; and that on the 8th day of last May, being
four days previous to the date of his communication, the Adams was
anchored at Punta Arenas, being in the waters of the friendly and
neighboring Republic of Costa Rica, the government of which, in pleasant
contrast to the unfriendly disposition manifested by that of Panama, not
only expressed itself very much gratified at the visit of the ship, but
also supplied her with coal, and extended such courtesies to her
officers as were in its power.
Irrespective of many other considerations which will readily occur to
you, I am sure that upon learning these facts you cannot but experience
a feeling of regret that, for at least the want of ordinary prudence,
not to characterize it by any more appropriate name, and governed by
influences, perhaps, difficult to understand, but in which I am
confident the Federal Government of Colombia has no part, the Panama
executive should have hastened into the commission of an act which, in
addition to constituting an affront to the United States, was entirely
gratuitous, being devoid of any basis of fact which might be pleaded in
explanation.
It is, of course, unnecessary to state for your information that, in
conformity with international usage and courtesy, the ports and harbors
of friendly nations, whether open to commerce or not, are at all times
free to the national vessels of a power with which relations of peace
and good-will prevail, for even if this international usage did not
obtain the relations of friendship which have always been maintained
between the United States of America and of Colombia, and the treaty
stipulations in force between the two countries, constituting them in a
certain sense allies, would rebut the presumption that the Federal
Government of Colombia, which in its intercourse with that of the United
States has always given expression to its considerate and amicable
purposes, could allow its cool judgment to be influenced by unfounded
popular clamor to such an extent as to close any of its ports to the
national vessels of the United States.
In bringing this cause of complaint of the Government of the United
States to your notice, I need not assure you that instead of its being
conceived in a spirit of querulous indignation it is prompted by the
hope that by disavowing the ill-judged and inconsiderate action of the
president of the State of Panama, or by explaining the same in such a
manner as to relieve it of the unfortunate aspect of unfriendliness
which it now bears, the Government of Colombia will remove the variance
existing between the apparently unfriendly act of one of its local
officers in the State of Panama and the expressions of sincere
friendship and thoughful consideration professed in its name by its
minister at Washington towards the Government of the United States, and
which, I am happy to state, are reciprocated to the fullest extent by
that government, which cannot bring itself to entertain the thought that
the Government of Colombia would give utterance to sentiments of sincere
friendship and thoughtful consideration towards the United States
through its ministers at Washington, and thus maintain the appearance of
amicable relations while prescribing a contrary line of conduct to be
observed by its local officers in Colombia.
With the assurances, &c.,
[Inclosure 2 in No. 198.
Translation.]
Señor Rico to Mr.
Dichman.
United
States of Colombia,
Department of Foreign
Relations,
Bogotá, August 11,
1880.
Mr. Minister: I have been duly impressed with
the note of your honor dated the 31st of July last.
In it your honor informs me that in compliance with recent dispatches
from your government you are instructed to make earnest representation
to the Government of Colombia concerning the arbitrary act of the
president of the State of Panama in
[Page 330]
abruptly ordering a cessation of the friendly
operations of the man-of-war Kearsarge, of the Navy of the United
States, in the waters of the Bay of Chiriqui, and the withdrawal of the
Adams of the same Navy from the Gulf of Dulce, and to inform me that
this precipitate and inconsiderate action or the Panama executive is
considered at Washington as wanting in friendship and even discourteous
towards the United States, and that the gravity of this act is augmented
by the fact that on the 6th of May last, only six days prior to the date
of the communication of the president of the State of Panama to the
United States consuls at Panama and Colon, in which said orders were
conveyed to them, that functionary had been informed by your honor that
so soon as the orders from the Navy Department of the United States
could reach them, said vessels, they would cease their operations and
proceed upon other duty, and that upon receiving these assurances on the
part of your honor, assurances freely given for the purpose of calming
what seemed to your honor unfounded disquietude, he expressed himself
fully satisfied, and agreed with your honor that he would not take any
further steps in the matter.
In this incident lamentable mistakes have occurred. In the first place,
the order of the national executive, concerning the vessels Kearsarge
and Adams, to the Government of Panama was altered in the course of
transmission by the telegraph, which will not surprise your honor, as
you are well acquainted with the difficulties to which telegraphic
communication in this country is subjected, this being due to the
inexperience of the operators, to the fact that the line from this
capital to the Pacific runs in part through an uninhabited country, and
to the difficulties caused by nature. The order referred to above said
that in the Gulf of Dulce were not even ports
open to commerce. Suppressing, as was the case, the words “not even,”
the entire sense of the phrase is changed.
As your honor will readily understand, it was not intended to be
understood that the vessels of war of friendly nations had no right to
visit, for innocent purposes, ports not open to commerce. The words “not
even,” omitted in the telegram, as it was received at Panama, referred
to the fact that in the Gulf of Dulce were not
even national or State officers to observe and aid, if
necessary, the operations which it was said the Adams was carrying on;
operations, the importance of which had been increased by the force of
circumstances, placed the State of Panama and the whole republic in
alarm.
Moreover, the orders given to the Government of Panama were entirely
conditional that is to say, they were only to be complied with under the
supposition that the information was correct, which reached the Federal
Government from different quarters, concerning the objects which had
brought said vessels of the United States Navy to Chiriqui and the Gulf
of Dulce, and if the Government of Panama gave the orders another
interpretation it was solely owing to the excitement caused by the
presence of said vessels in the waters just mentioned, an excitement
carried to the highest pitch by the news telegraphed to Panama from New
York concerning the purposes of said expedition. To which may be added
that the note which the Colombian representative at Washington addressed
to the Hon. Mr. Evarts, under date of February 13, was not answered for
a month afterwards; and, as in this note explanations were solicited
touching the news published by the daily journals of New York about the
sending of the vessels mentioned above to the State of Panama, it was
natural that this silence should induce the thought that the objects
attributed to them were correct.
Although the circumstances giving rise to the facts which have caused
such a bad impression with the government at Washington, and which have
pained the Government of Colombia, might be sufficient to excuse them,
and to diminish the qualifications which the government at Washington
has given to thorn, as appears from the note of your honor, the
Executive, for the purpose of fully satisfying the Government of the
United States, has ordered me to say to your honor that the steps taken
by the Government of Panama, by reason of the latitude given to the
above-mentioned orders, have not been approved by him, and that the
necessary measures have been taken in order that in future the relations
between this government and that of the United States will meet with
particular care in the entire republic, and more especially in the State
of Panama, for such is the wish and the convenience of the Government
and people of Colombia.
With this object there has just been stationed there a considerable
veteran force, commanded by distinguished officers, and the federal
offices in the same State have been filled with citizens of high
character, charged particularly to preserve peace, maintain the free
transit across the Isthmus, and protect foreign interests.
I do not entertain the least doubt but what the aforegoing free
explanations and the measures adopted by the Executive, in order to
prevent a recurrence of cases similar to the one which has given rise to
this answer on the part of high officials of the State of Panama, will
satisfy completely the government of your honor. Nor do I hesitate in
assuring your honor that my government desires nothing so much as to
maintain the relations of sincere and profitable friendship which have
always existed between the two countries, relations which are destined
to increase in importance day by day, and which it would be lamentable
to see interrupted even for a short time.
[Page 331]
In closing, I beg to express my appreciation of the fact that, through
the friendly and kind solicitude of the government of your honor, the
cause of these trifling questions has been dissipated, and my desire
that even the last vestige thereof will disappear promptly, in order
that the field will be clear for discussions of much more utility, upon
subjects of common interest, which will attract both the govemment which
your honor represents and that of Colombia.
With sentiments, &c.,
