PEARSON, Admiral, Commanding Pacific Squadron to A. A. Burton, September 26, 1865

Mr. Pearson to Mr. Burton

Sir: I am honored by your communication, No. 2, of August 31, 1865, stating that the President of Colombia had advised you that a body of armed men whom he characterized as bandits, had recently sailed from the port of Buenaventura, in the State of Cauca, for the purpose of invading and making war against the State of Panama, and expressed his hope that the United States would fulfil what he considered their duty, by preventing this, or any other hostile party or individuals from landing within that State.

Article 35 of the existing treaty between New Granada, now the United States of Colombia, and the United States, guarantees to the former perfect neutrality of the isthmus, with the view that the free transit from one sea to the other may not be interrupted or embarrassed, &c.

This, in my opinion, contains the whole gist of the requirements of the United States, not to the State of Panama, but to the United States of Colombia. Consequently, should the free transit from one sea to the other be endangered, then, and then only, is the commander of the United States naval forces in the bay of Panama to land an armed force to carry out, in good faith, the terms of the treaty as expressed in article 35 of said treaty.

Should an armed force from without the limits of the United States of Colombia land at either end of said transit, with a view to prevent the running of the railroad, or should any force whatever assail said road, or the transit of passengers thereon, then the United States naval forces here would prevent any such molestation to the utmost extent of its power, and would support and sustain the authorities of Panama in the free transit of passengers from one sea to the other.

The force under my command has nothing to do with the insignificant force to which you refer as being about to invade Panama from another State of the United States of Colombia— a force under the auspices of the late president of Panama, Calancha, and for the sole purpose of restoring him to the place from which he was summarily deposed, unless the said force interrupt the free transit of the railroad from one sea to the other; nor has the force under my command any authority to prevent the passage from one place to another of a Peruvian vessel, with or without passengers, while Peru is at peace with the United States, unless the said passengers land and molest the railroad, when, of course, I shall attack them at once. But, sir, none of these people have any designs upon the railroad.

Whoever may be placed in power at Panama will be but too happy to facilitate the free transit of the railroad, as its passengers and its freight afford a convenient and lucrative commerce to its citizens.

It is only a mob of outcasts who may be expected to assail the Panama railroad, and for this the United States naval force here is always prepared, as a vessel of war is always stationed here for that purpose.

I look upon the word “view “in the 35th article of the treaty as the key to the whole article, “with a view that the free transit from one sea to the other may not be interrupted.”

These comprehensive words are explicit, and in my opinion convey to every officer of the United States government at Panama precisely the course to be pursued by him.

As to the state quarrels as to who shall be president, they are but the local pretensions for office and emoluments, and are not at all likely to interfere with the neutrality of the isthmus.

As to the forced loan, should the government here be overthrown, I shall of course protect any American who refuses to pay it, until the said government has been confirmed by the general government.

We have always one ship of war here, but she is never to send her men beyond the line of the railroad while I am here, and, in my absence, the senior naval commander will comply with my orders, to see that the railroad is protected, and will also give protection to all American citizens and property in Panama.

As we differ materially in our construction of the 35th article of the treaty, I shall forthwith forward a copy of your official letter, with a copy of this response, to the Navy Department, in order to be informed if I am wrong in the matter.

I have the honor to be, sir, most respectfully, &c.,