Mr. Burton to Mr.
Seward
No. 212.]
Legation of the United States,
Bogota, January 11, 1866.
Sir: I have the honor to enclose for your
directions the annexed papers relating to the alleged misconduct of
United States troops in crossing the isthmus of Panama in August and
November, 1865, some account of which will be found in the letter of
Vice-Consul Robinson, of Aspinwall, dated on August 31st, 1865, attached
to my No. 199, marked F.
On receiving the note A of the foreign secretary, I obtained an interview
with him and assured him of the sincere regret with which the government
of the
[Page 475]
United States would
hear that just cause had been given by its officers or citizens for a
modification of the understanding of May 15th, 1865, and that I felt
sure the occurrences complained of in his note would be speedily
investigated, and the demands of justice satisfied; that no pains would
be spared to avoid any irregularity in future, and that I could assert
with confidence that my government would be as much pained as his could
be to know that its officers had been in the least wanting in the
respect due to Colombia, and which it would always be its highest
pleasure to see observed.
That on further inquiry it might turn out, as he had intimated as
possible, in his note, that the circumstances were not such as they had
been represented, and that I regretted the prompt action his government
had felt called upon to take, all the more as the government of the
United States might in due time adopt measures which would render that
action unnecessary. He replied that the conduct of the United States
officers on the isthmus of late had somewhat irritated the authorities
of Panama, and that the proposed modification was by no means inspired
by jealousy, or a captious spirit.
That the only object was to prevent possible collisions, as he hoped I
well knew that Colombia desired to comply fully with the spirit of the
treaty of 1846; indeed, that his government was disposed to grant us all
the favors reasonably to be desired. That the orders to the President of
Panama, of May 15,1865, would, for the present, remain unchanged, while
a more thorough inquiry into the facts could be made, and that the
government of the United States could, in the mean time, have an
opportunity to look to these matters. I thanked him for this kindly
expression, and assured him that it would be properly appreciated by my
government, which desired nothing from Colombia that it was not in
strict justice entitled to; reminding him, however, that I did not wish
to be understood as giving any opinion on the charges made against the
United States officers, but reserved that until the whole fact should be
known.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Translation.]
Mr. Perez to Mr. Burton,
United States of Colombia,
Department of the Interior and Foreign Relations,
Bogota, January 4, 1866.
Sir: In accordance with article 35 of the
treaty between New Granada (now United States of Colombia) and the
United States of North America, the government of this republic has
permitted the transit of North American troops through the isthmus
of Panama, in the sense of the instructions dictated in the
department of the interior and foreign relations of Colombia, on the
13th of May last, of which the honorable minister resident of the
United States of North America had acknowledged by an authorized
copy of such document that was opportunely sent to him.
But this transit and the guarantee, by way of compensations which has
been offered to the Colombian government have been a source of
difficulties by which, unfortunately, the dignity of the republic
has been compromised, and consequently the good relations of
friendship which it now happily preserves with the American
Union.
Of this, new testimony is given by the documents that the undersigned
has had the honor to communicate to his honor with his note dated
the 16th of October of last year, that bear relation to the acts of
Rear-Admiral Pearson in the port of Panama.
The mail recently arrived from the Atlantic coast brought important
data on the same subject, which the undersigned considers worthy of
the serious attention of the American government, and of its
minister resident in this capital.
As the facts to which he will make reference are not sufficiently
detailed, perhaps for want of time, the undersigned, in having full
knowledge of the circumstances that accompany them, will take the
liberty to again renew the subject to the honorable minister, making
on
[Page 476]
them such observations
and demands as may be just, and appear well founded. The
accompanying documents will inform his honor of the reclamation
presented by the vice-consul of her Britannic Majesty in favor of
the English subject Jos Heady for $114 60, which were violently
taken from his store by the soldiers of the 14th regiment of the
United States of North America, on the night of the 26th of August
last.
In the month of November last, a regiment or brigade of the same
troops crossed the isthmus en route for
California. Some soldiers having deserted their chiefs, instead of
appealing to the local authorities for the apprehension of the
deserters, a picket of their own forces was designated for that
purpose, which went armed and in a body reconnoitring the streets of
the capital of the State.
The violent death of the British subject George Holmes, by an
American soldier or mariner, is also a notable fact.
From the foregoing relation of facts, which the undersigned must,
with due solemnity, and as soon as possible, call to the enlightened
attention of his honor, in recognition of the respective grave
demands, and from some former notes of the undersigned his honor
will be convinced that the passage of North American troops, made as
it has lately been done by the agents of the government of his
honor, may occasion bloody collisions and lamentable abuses, aside
from compromising the most sacred of all things, namely, the
national sovereignty, which evidently is bound, not only for
transgression already alluded to, but also for acts of jurisdiction
exercised by North American military chiefs in Colombian territory;
that this government is bound to preserve the most strict
neutrality, and whose sovereignty is guaranteed to the national
government.
In order to proceed in this important affair with due accord, once
that the interests are consulted, the legitimacy of which his honor
cannot less than recognize, the undersigned has thought it
convenient, with the good designs of the two governments, one toward
the other, to direct to his honor the present note, which he
terminates in offering to the minister the assurance of his profound
consideration.
Señor Allan A. Burton, Minister Resident of the United States of
North America, &c., &c., &c.
Mr. Taylor to the Prefect of the Department at Aspinwall
British Vice-Consulate, Colon, September 14, 1865.
Sir: Permit me to enclose to you a copy of
the price list which has been sent to me by Jos. Heady, of goods
alleged to have been plundered from his store in this city, by a
party of the 14th United States regiment, on the night of the 26th
of August last.
As you are already fully aware of the circumstances of the case, and,
as I understand, vigorously lent your authority to suppress the
lamentable excesses of those disorderly soldiers on the night in
question, I need not here trouble you with the rehearsal of those
circumstances.
You will observe that the amount of Heady’s claim is $114 60, a large
sum to a poor struggling tradesman; but I rely with confidence on
your assurances that you will, to the utmost, use your influence to
cause him, and the other parties similarly situated, to be paid the
value of the goods of which they were plundered.
I am not aware whether any claim has been made by any of those
parties for compensation for the (in some instances severe) personal
injuries which they sustained from the soldiers, but I venture to
suggest that it is a matter worthy of your consideration.
With renewed assurances of high consideration, I am, sir, your
obedient servant,
THOMAS C. TAYLOR, British
Vice-Consul.
The Prefect
of the Department at Aspinwall.
List of goods belonging to Joseph Heady
plundered by the fourteenth United States regiment, on the night
of the 26th of August.
| 35 bottles of rum, at 50 cents per bottle |
$17 50 |
| 6 bottles of gin, at 50 cents per bottte |
3 00 |
| 4 dozen claret wine, at 6 dollars per dozen |
24 00 |
| 2 dozen port wine, at $12 dollars per dozen |
24 00 |
| 4 dozen pints of ale, at 25 cents per pint |
12 00 |
| 1 bottle of bitters |
1 00 |
| 3 dozen boxes of sardines, at $3 per dozen |
9 00 |
| 2 boxes of cigars, at $5 per box |
10 00 |
| Clothing |
10 00 |
| Cash taken out of the till |
3 50 |
| Bread |
60 |
| Total |
114
60 |
[Page 477]
[Translation.]
UNITED STATES OF COLOMBIA—SOVEREIGN STATE OF PANAMA,
EXECUTIVE POWER OF THE STATE—OFFICE OF THE SECRETARY OF STATE,
GOVERNMENT SECTION, NUMBER 291—SECRETARY OF THE INTERIOR AND FOREIGN
RELATIONS.
For the knowledge of the citizen President and for the proper
purpose, by order of the executive power of the State, I pass to
your hands original copies of a note directed by the vice-consul of
the United States of America, in Colon, to the prefect of that
department, on the claim that Joseph Heady makes for the commercial
effects which the soldiers of the fourteenth regiment of said United
States took on the night of the 26th of August last, A list of those
effects, and a copy of the note of the prefect, with which he passed
them to this office.
These, and other acts of like nature, are demonstrating, Mr.
Secretary, the little respect that is had for these countries by
even the northern soldiers.
Your attentive servant,
MATTEO ITURRALDE.
A copy:
EUSTACIUS DE LA TORRE, The First Official
of the Department of the Interior and Foreign
Relations.
[Translation.]
UNITED STATES OF COLOMBIA—SOVEREIGN STATE OF PANAMA,
OFFICE OF THE PREFECT OF THE DEPARTMENT—OCTOBER 5, 1865, NUMBER
89—SECRETARY OF STATE.
I have the pleasure to enclose the original documents relative to the
claim made through the English vice-consul in this port, by Joseph
Heady, of the goods taken by the soldiers of the fourteenth regiment
of the United States of North America, on the night of the 26th of
August of the present year, in their passage through this city.
You will be pleased to send them to the office of the citizen
President, that he may determine what he believes most
convenient.
I am, sir, your attentive servant,
JOSÉ A. CESPEDES.
A copy:
ITURRALDE, Secretary of
State.
Mr. Burton to Señor Perez
Legation of the United States of
America, Bogota,
January 8,
1866.
The undersigned, minister resident of the United States of America,
has received the communication which his excellency Señor Santiago
Perez, secretary of the interior and foreign relations of the United
States of Colombia, did him the honor to write him under date of the
4th instant, concerning the alleged misconduct of United States
troops on their passage over the isthmus of Panama in August and
November last, in connection with which his excellency has been
pleased to announce certain views of his government touching the
reciprocal rights and duties of the two nations as regulated by
article 35 of the treaty concluded between them in 1846, and also
certain measures deemed necessary to be adopted to insure the
pacific transit of the isthmus by troops of the United States.
Before receiving his excellencys communication some account of the
affair referred to, of August, 1865, had been repeated to the
undersigned by Mr. Robinson, United States vice-consul at Aspinwall,
Colon, which, in November last, he sent to his government for its
consideration and instructions, and he will now lose no time in
adding the communication of his excellency, with its accompanying
documents.
The undersigned would lament as sincerely as his excellency could,
any want of respect or other irregularity on the part of his
countrymen towards Colombia, and, while he trusts it is unnecessary
for him to do so, he feels perfectly safe in assuring the Colombian
government that an investigation of the alleged abuses, if not
already made, will be speedily made, and such action taken by the
government of the United States as may comport with the justice and
the intimate friendship and respect happily existing between the two
countries.
The importance of the matter involved considered, his excellency will
doubtless see the propriety of its reference at once by the
undersigned to his government, which renders at present premature
any expression of opinion as to the construction put by the
government of Colombia upon the article of the treaty in
question.
The undersigned embraces this opportunity to repeat to his excellency
the assurances of his very distinguished consideration.
