DAVENPORT, Commander , Acting Consul to A. A. Burton, September 26, 1865

Mr. Davenport to Mr. Burton

Sir: Your letter, No. 74, addressed to the late Colonel McKee, United States consul at this port, has been received. You have doubtless ere this learned of the death of that excellent man, and my appointment as acting consul until the pleasure of the government should be known.

In forwarding a copy, as requested by you, to the State Department, I embraced the opportunity to call the Secretary’s attention to the construction put upon the 35th article of our treaty with New Granada by the President of the United States of Colombia, as well as your coincidence of opinion with that functionary.

As I do not by any means agree with either of you as to the duties of naval officers to use force to prevent one party from a hostile attempt against another, particularly as the normal condition of this State seems to be revolutionary. I have asked Mr. Seward for an expression of the views of our government and its construction of the obligations devolving upon us under the said article.

It will be observed that the United States, under that article, guarantees a perfect neutrality of the isthmus to New Granada, the United States of Colombia, with the view that the free transit from one to the other sea may not be interrupted or embarrassed.

The United States have nothing to do with the civil wars or revolutions which everlastingly affect this State of Panama, so long as the transit from one to the other sea be not interrupted; neither has it anything to do in the way of interfering between parties belonging to any of the States which collectively constitute the republic of New Granada, or what is now called the United States of Colombia, so long as neither party interrupt the Panama railroad, its passengers, &c., &c.

Further, I apprehend that neither party will disturb the transit, though both make that the cry to the opposite party which may be out of power.

I presume it is a matter of perfect indifference to our government whether Mr. Jil Colunje or Calanche represents the sovereign State of Panama, so long as our rights and privileges under the treaty be not disturbed; and I trust the State Department will clearly define those rights, and not leave it to the various functionaries of our government, civil and naval, to predicate action upon that which the government at home might consider an erroneous construction of our treaty, as well as our obligations under it.

I am, sir, very respectfully, your obedient servant,