Santiago Perez to Allan A. Burton, October 16, 1865

Señor Santiago Perez to Mr. Burton

The undersigned, secretary of the interior and foreign relations, has the honor to accompany with this communication, for the information of his honor the minister resident of the United States of North America, a copy of the correspondence which has passed between the President of the sovereign State of Panama and Rear-Admiral Pearson, and will proceed to make the following observations:

The neutrality of the isthmus, or the sovereignty of New Granada, now the United States of Colombia, over it, was guaranteed by the United States of North America in the 35th article of the treaty of 1846—our rights pertaining to Colombia, rights the effectiveness of which it belongs to her to demand at the time and circumstances which may be convenient to her and equitable. But that guarantee of the neutrality of the isthmus and its sovereignty to Colombia does not oblige her to submit to the measures which the United States of North America, or any agent of theirs, may pretend to impose upon her in derogation of the national dignity, and not only without the requirement of the local authorities, but in spite of them.

The local authorities of the State of Panama, as agents of the national government, respected in virtue of their powers and in the fulfilment of their duties, have to maintain on the isthmus the public securities and the guarantees due its inhabitants and persons who may be transiently there.

In the discharge of their duties said authorities will employ the means at their command, and require such assistance as they may find necessary and to which they may be entitled, provided it can be so given and as stipulated. Otherwise assistance would not be real assistance, and the employment of a foreign force, although under alleged necessity or convenience, would be rather to have it imposed than asked, an act inadmissible by the legitimate authorities of that territory, and inacceptable according to the most primitive notions of public law.

Agreeably to the said 35th article, said guarantee is expressly declared to be an especial compensation for favors acquired by the United States of North America in that State.

The guarantee is, therefore, not a right pertaining to them, but an obligation, a service contracted by them; a service, it is true, which redounds to their interests, but which cannot take the character of a power or jurisdiction; but, by giving to said guarantee the interpretation implied in the pretensions of Rear-Admiral Pearson, it would be converted into an additional favor to the United States of North America, a favor which would require on the part of Colombia the abdication of her sovereignty.

The propriety of opportunely appealing to the necessary measures to preserve in every case security on the isthmus must induce the power intrusted with its preservation—a power which represents the national sovereignty, and at the order of which, within their respective limits, agents are to be maintained, whose duty it is to lend effective assistance. Who has borne the responsibility arising from a want of order or security on the isthmus when disorders have occurred? The use, therefore, of the forces of the United States of North America for the preservation of order and the maintenance of the sovereignty of Colombia on the isthmus has to be determined by the Colombian authorities themselves, and not by the chiefs of those forces, whatever may be the apparent inconvenience, in any given case, to the latter—inconveniences to be foreseen and removed by him who is responsible for the disturbances.

Such is the understanding and grounds taken by the Colombian government, with respect to the part in question of the treaty with the United States of North America, and it is sure that such is the understanding and views maintained by the minister resident of the United States, whom the undersigned has the honor to address and to request of him an express opinion upon the point.

The way or transit across the isthmus shall be open to the citizens and government of the United States of North America, agreeably to said article 35, but neither this nor any other article of the treaty implies the right of disembarking troops on that territory without previous notice, and then subject to the. conditions of the treaty. Much less does it imply the right to disembark North American forces in order that they may go through exercises on Colombian territory, or occupy it in organized bodies or regiments in any operations whatever. The right to disembark and of transit will always be subject to the compact between the two nations, and in cases of assistance to the judgment and demand of the local authorities, who, in this particular, act as the agents of the national government.

In this sense instructions have been given to the government of the State of Panama. And it is hoped that the minister resident of North America, finding all the foregoing in strict accordance with the existing treaty, and with the well understood interests of both countries, he will be pleased to communicate his orders accordingly to the agents of his nation on the isthmus, that they may desist from and put an end to whatever pretensions they may have manifested or that they may manifest to the contrary.

The undersigned improves the opportunity to present to his honor the assurances of his high esteem.