No. 56.

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.,

S. A. HURLBUT.

[Translation.]

Mr. Minister: The executive power has very attentively considered the reclamation which your excellency has presented in the name of the Government of the United States of America, to the end that the captors of the steamer Montijo may be tried and punished in accordance with the laws of the country, in satisfaction for the wrongs which your excellency claims to have been committed against the personal security and the property of American citizens, and the insult offered to the flag of the United States.

The reclamation of your excellency and the accompanying documents have been transmitted to the attorney general of the nation in order that he may pursue the proper legal course before the proper judges.

On his part the president will see to it that the judicial proceedings shall pursue their course without any delay, and your excellency may be satisfied that the justice of the country will be faithfully administered.

The undersigned improves this occasion to renew the assurances of his most distinguished consideration, and subscribes himself your obedient servant,

FELIPE ZAPATA.

Correct translation. S. A. Hurlbut.