Mr. Hurlbut to Mr. Fish
Sir: I forward, as an inclosure, translation of dispatch from Señor Zapata on the subject of the steamer Montijo. The president is no doubt sincere in his wishes, and pledges to pursue judicially Herrera and his companions; but I feel sure that no probability exists of any satisfactory punishment being awarded. Unfortunately, the proceedings in the first instance must be brought in the state courts of Panama; tribunals of wretched character and notorious venality. The legitimate government of Panama concluded a formal treaty of peace with these insurgents, granted an amnesty for all offenses, and elected one of their leaders (Franceschi) to congress.
Although this offense was beyond their power to condone, the effect of the amnesty upon the court below will be very great. The questions really involved will probably not be decided until the cause shall reach (by appeal) to the federal supreme court held in this city.
I hope that the Colombian courts may be able to convict and punish in this case, as such conviction, acting directly upon the guilty parties, will be far more valuable than reclamation for damages, to be paid from the general treasury of the nation; but the inherent weakness and venality of their judicial system is so great that my hope is against my judgment. I have not forwarded to the Department my own communication to Señor Zapata, to which the inclosed is a reply; it is rather long, as it contains a statement of the testimony arranged from the affidavits forwarded to me, and inasmuch as Señor Zapata readily conforms to the demand for reparation by judicial proceedings, it is not worth while to copy the demand itself, unless the Department desires to be in possession of the whole correspondence.
I am, &c.,