No. 91.
Mr. Hurlbut to Mr. Fish.
Bogota, December 7, 1871. (Received January 15, 1872.)
Sir: I had a long and full conversation with Mr. Zapata, secretary for foreign relations, yesterday, on the subject of the Montijo. He stated that the national executive possessed under the law no power nor control whatsoever over the officers in the State of Panama, whose duty it is, in the first instance, to inquire into the crimes alleged to have been committed by Herréra and his accomplices; that they had done all they could do, through the attorney-general, in requesting these officials to enter upon the preliminary investigations, and had no means of compelling their action, or of punishing a neglect of duty; that these officials were purely State officers belonging to the State of Panama, and outside the jurisdiction of the national government; that he doubted whether any favorable result would come from the investigation now commenced, and for this reason had directed in any event that an appeal be taken from the decision, be it what it might, to the federal supreme court in Bogota.
In fact, Mr. Zapata acknowledged, in substance, what a study of the constitution and laws has enforced upon my mind, that the government of Colombia is an organized anarchy, most skillfully directed to the perpetuation of revolution and the consecration of secession. They are invested with power to make treaties and deprived of power to vindicate them. They can enter into engagements, but cannot enforce them nor punish infractions.
Having no independent federal judicial system, and compelled to use as tribunals of the first instance the State courts, they are liable to constant denial or delays of justice in national affairs from the local prejudices existing in the States. Having no authority to interfere in case of local revolutions, nor to repress by force any rebellion against State authorities, they are placed at the mercy of any band of conspirators who, as in the case of the Montijo, violate solemn treaty stipulations, [Page 143] and may bring the whole nation into the most imminent danger of reprisal or war by reason of such violations.
The only thing the federal executive can do is to admit the pecuniary reclamation sought for such wrongful acts, and ask the Congress to vote the money to pay the damages.
And it must be remembered that the Congress of 1870–’71 deliberately and after long argument refused to remedy this state of things, and in favor of sectionalism left the law unchanged, which positively requires of the national executive to maintain a strict neutrality in all rebellions within States, and to recognize any government de facto in the States, although established and maintained by arms.
In view of all these facts, I have no hope that any favorable result can be obtained from the investigations now in progress in Panama, nor that Herréra and his crew will be held to any rigorous liability. Mr. Long writes me that depositions are being taken, but it is very easy for the official in charge to procrastinate, as in fact he is now doing.
It would be the greatest boon ever conferred upon this country if these men could be brought to summary justice, and would tend very strongly to break down the habit of armed revolution which is among: the most usual and praiseworthy ways of obtaining power.
I am satisfied that the Sal gar administration would be very glad to procure a conviction, but have no faith in their own power to do so.
The whole question, both of punishment of the evil-doers and of pecuniary compensation, will come before the next Congress, and I expect very animated debate. It is my present belief that the Congress will hold that no crime against the laws of Colombia is involved in the acts designated by the United States as piratical.
I am, &c,