Evarts to the minister for foreign affairs of Coiombia, April 22, 1878
Mr. Evarts to the minister for foreign affairs of Coiombia.
Sir: It is with pain my duty requires me to announce to you that this Department has been officially informed of the discharge by the governor of the State of Panama of a prisoner named C. G. Scrafford, who, being charged with the crime of forgery in the State of Kansas, one of the States of this Union, fled to Peru, whence his extradition was demanded and granted pursuant to the treaty between the United States and Peru on that subject. Scrafford was on his way to this country in the custody of the vice-consul of the United States at Callao, when he was discharged iu the manner referred to. I am consequently directed by the President of the United States to inform you that he deeply regrets that the governor of Panama should have taken the step he did in this matter, a step which, udder the circumstances, must be regarded as at variance not only with international courtesy, but also with the spirit of the treaty of 1846 between the United States and Colombia. That instrument, as you are aware, imposes a weighty obligation on this government, in return for which we must expect a liberal construction by the Colombian authorities of the advantages which it promises to the United States. Foremost among these is the right of passage across the Isthmus for all persons either in the service or subject to the orders of this government. The 35th article guarantees to us the right of way and declares that it shall be open and free to the Government of the United States.
I avail, &c.,