Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 2, 1872, Part I

No. 107.
Mr. Wing to Mr. Fish.

[Extract.]

United States Legation,
Quito, Ecuador, October 3, 1871. (Received Nov. 16.)

No. 146.]

Sir: I forward as accompaniment 1, herewith, a copy of a law lately passed by the local Congress of the State of Cauca, in Colombia, of which General To in as C. de Mosquera is President. No. 2 is a translation thereof. No. 3 is the editorial comment of El bien Publico, of Bogota, upon this scheme, which, it will be observed, is distinctly charged to have been devised in order that the State of Cauca, (intensely devoted to the fortunes of General Mosquera,) may manage eventually to wage war upon Ecuador, because of the letter addressed last year to General Mosquera by President Moreno, and concerning the results of which I have hitherto fully advised the Department. If this charge should be borne out by future occurrences, it will realize the soundness of my apprehensions that, no matter with what apparent adjustment the question as between the two countries might be salved over, there still existed great danger of ultimate complications, unless the personal issue between the two distinguished principals could be in some wise satisfactorily ‘ accommodated.* * * * *

In my dispatch, No. 130, I stated in general terms the result of the correspondence on this subject between this Government and the Colombian minister, and the apparent status of affairs as pertaining thereto.

Since then I have learned that the cabinet at Bogota had approved the action and utterances of General Trafillo without adding further instructions. Likewise the government here has never replied to the final note of General Trafillo, forwarded with my dispatch 130, though there are those who think that such reply will be made after the adjournment of Congress.

If so, of course the subject will be reopened, with possibly evil consequences. If not, however, then I believe that the question as between the two governments will remain in statu quo without peril of future outbreak as between them.

The Colombian minister, (General Trafillo,) who has conducted the correspondence upon the part of Colombia, has, however, at last, after a second or third tender, had his resignation accepted, and will soon be replaced by a successor.

I cannot but regret the change at this time, for to his discretion, the personal esteem in which he is held, his self-command and conciliatory deportment is due in part the fact that this correspondence did not lead to a collision.

* * * * * * *

General Trafillo has undoubtedly lost the election for the presidency of Colombia, and Dr. Murillo will as certainly be the incumbent of the executive office.

From what I can learn of Colombian politics, Dr. Murillo’s election is a triumph for the party now represented by General Salgar, President of the republic.

This, then, perpetuates the power of a party inimical to General Mosquera, and wanting confidence in his future designs upon the central government.

Hence, from this fact, I adduce some hope that even if disposed to make war upon Ecuador, the federal authorities, out of fears for their own ultimate security, would interpose their objection and action against the organization and equipment of any army in Cauca subject to the command of General Mosquera.

* * * * * *

Should the Department deem it incumbent upon me to make tender of my good offices in arranging this personal issue, I shall of course have pleasure in obeying. But, at the same time, I shall not do so otherwise, without a direct appeal from the interested parties.

Candidly speaking, I may say that I believe this personal issue could be honorably and satisfactorily arranged, with the exercise of great delicacy and discretion.

I do not feel at liberty, however, in this matter, to press my interposition upon the distinguished gentlemen involved, despite the fact that both have evinced great personal respect for and confidence in me, unless hereafter directly requested to do so.

* * * * * * *

I have, &c,

RUMSEY WING.

[Inclosure 2 in No. 146.—Translation.]

state of cuaca.

The Official Gazette of Popayan publishes the following law on the sovereignty and jurisdiction of the State:

The sovereign people of Cuaca, and in their name, the State legislature, decrees:

• Article 1. The sovereignty and jurisdiction of the State is extended to all places, as comprehended within the limits determined by Article 1 of the constitution of the Colombian Union, and within those it possessed at the time of the sanction of the same constitution, according to the laws of the 11th of May and the 9th of June, 1855, the 14th of May and the 15th of June, 1857, issued by the national congress.
• Article 2. In all those affairs that were not delegated to the federal government, as especially and clearly expressed by Article 16 of the national constitution, the State will continue in the use of its competency and jurisdiction. And in it no authority of the federal government will be recognized as regards the modification or alteration of the laws, that are solely for the cognizance of the State.
• Article 3. It is the duty of the State government to see that the State is not divided, and also to protect its citizens in the exercise of the rights they may have acquired in any part of the territory.
• Article 4. When the government may have to enter an action or sustain any claim, before other authorities than those of the State, for attacks upon its sovereignty, jurisdiction, or property, the executive power will name counsel, who will be charged with the defense of the rights attacked, giving him the necessary instructions.
• Article 5. The rights of the State do not lapse for less than one hundred years, and when it is discovered that a person unlawfully possesses property or articles of value of the State, it will be the duty of those public agents that know it to inform the executive power, in order that they may be claimed.
• Those who, introducing themselves into the territory of the State or its districts, usurp the roads and public ways, will be obliged, by the political or municipal authority of the place where the usurpation is denounced, to make a restitution to the usurped, they remaining after this restitution discharged, in order to take the necessary steps toward commencing an action for the corresponding claim before the competent authority.
• Article 6. It is the duty of all the inhabitants of,Cuaca to defend and sustain the sovereignty of the State, and those who should fail to do so will incur the penalties fixed by the existing laws.
• Article 7. The public functionaries of the State will not be allowed to receive any employment from the federal government. Those who should do so will be compelled to vacate the offices which they are exercising.
• Article 8. It is the duty of the President of the State to maintain the militia in a high state of organization, to be able to fulfill, should the case arrive, the obligation of which Article 26 of the federal constitution treats.
• Article 9. Laws 24 and 68, and articles 4 and 5 of law 226, are abolished.

Given in Popayan the 28th of July, 1871.

• MATIAS GALVEZ, President
• J. M. CONEA, Deputy Secretary.