Consequent on this affair, the city of Panamá, which, owing to the misgovernment of previous years, was already on the decline, had to suffer still more. Many business houses closed their doors, because the American transient passengers, who during their stay were wont to scatter gold, thenceforth remained on shore only a few minutes.[XXV-45] Much diplomatic correspondence passed between the American and New Granadan governments on the subject, the former sending a commissioner to Panamá, to investigate the circumstances,[XXV-46] and finally claiming a large indemnity. At last a convention was concluded on the 10th of September, 1857, between Secretary Cass, and General P. A. Herran, minister of New Granada, for the settlement of all claims, the latter having acknowledged the responsibility of his government for the injuries and damages caused by the riot.[XXV-47]
The relations with Americans on the Isthmus continued to be unsatisfactory for some time longer. Notwithstanding that New Granada was apparently inclined to cordiality, cases of injustice or ill treatment to American citizens often occurring, at last the president of the United States asked congress, on the 18th of February, 1859, for power to protect Americans on the Isthmus.[XXV-48] In later years Americans have seldom had any serious cause of complaint.
The question of neutrality of the Isthmus has occasionally been on the tapis. A case in point occurred in 1864, during the sectional war in the United States, when a number of southern confederates went on board the American steamer Salvador at Panamá, with the purpose of seizing her at sea, and turning her—as she had guns on board—into a confederate cruiser, to be used in capturing the first treasure steamer from California. The men engaged in the enterprise were themselves arrested at sea on the Salvador,[XXV-49] by an American war vessel. The admiral, Pearson, asked the government of Panamá for permission to send the prisoners overland to Colon, where they might be embarked for New York. The request was refused;[XXV-50] in consequence of which the prisoners were sent to San Francisco.[XXV-51]
At the commencement of the French intervention in Mexico, the legislature of Panamá asked the general government of Colombia to allow no French troops to pass over the Isthmus. The United States government was not called upon to aid this policy. In the autumn of 1864 a body of French marines arrived at Colon to cross to the Pacific and replace invalids of the fleet on the Mexican coast. The president of Panamá refused them a pass, and asked the railroad company not to transport them. The French officers argued that American and English troops had on several occasions been allowed to cross. It so happened that at this time some American soldiers arrived and crossed over to the Pacific under a permit previously granted by the former president of the state. The French then alleging the so-called 'most-favored-nation' clause also crossed over.[XXV-52]
ISTHMUS ROBBERIES.
With other nations occasional misunderstandings have taken place, but in no instance did they lead to serious complications.[XXV-53] Minor riots, attended with more or less killing and wounding of foreigners, had occurred in 1850 and in 1851, both on the Atlantic and Pacific sides.[XXV-54] The gold-dust train from California was thrice assailed by robbers, while crossing from sea to sea, without success. The last attempt was in September 1851, by Americans, several of whom were captured.[XXV-55]
Whilst the Isthmus was under the direct rule of the national government, peace and quiet reigned. The few political commotions that occurred at long intervals had no effect detrimental to public morals, nor to the obedience paid by the people to the authorities. It is a fact that when, upon the discovery of the gold placers in California, the large influx of foreigners first arrived, they were surprised at the extraordinary prestige the authorities enjoyed, and at the blind obedience paid to their mandates.[XXV-56] Bayonets were not necessary to enforce order. This was owing to the harmony then existing between the government and the clergy.[XXV-57] And throughout the land for sixteen years from 1840, peace prevailed, save certain disturbances in the provinces of Azuero and Veragua in July 1854.[XXV-58]
PANAMÁ A STATE.
Nevertheless, the white population of Panamá had been for some time past discontented with the general government, and a desire had sprung up to get rid of a yoke which was deemed oppressive. The supreme authorities at Bogotá were not unaware of this, and whether prompted by the fear of losing the territory, or by a sentiment of justice, or by both, concluded to allow the Isthmians the privilege of controlling their local affairs, which was hailed with joy by all classes. An additional clause to the national constitution was then enacted by the New Granadan congress, on the 27th of February, 1855, by which Panamá was made a state, and a member of the confederation with the four provinces of Panamá, Azuero, Chiriquí, and Veragua,[XXV-59] its western boundary being such as might come to be fixed upon by treaty with Costa Rica.[XXV-60] A constituent assembly of 31 members was convoked March 13th by the national executive, to meet at Panamá on the 15th of July to constitute the state. The assembly was presided over by Francisco Fábrega, and on the 18th passed an act for the provisional organization of the state. Justo Arosemena, being chosen jefe superior provisorio, took possession of office at once, and appointed Cárlos Icaza Arosemena government secretary.[XXV-61] The city of Panamá was declared to be the capital, and residence of the superior authorities of the state.
The constitution of the now entitled Estado de Panamá was promulgated on the 17th of September, 1855. It was a liberal instrument, including freedom of religion. The executive authority was vested in a governor, who was to assume the office on the 1st of October of the following year, and hold it two years. A vice-governor and two designados were also to be elected by popular vote, to take charge of affairs should the governor die or be otherwise disenabled to discharge his duties. In the absence or inability of all the elect, then the superior civil authority of the capital was to act as governor.[XXV-62] A misunderstanding having occurred between the jefe superior and the assembly, the former resigned his office on the 28th of September, and having insisted on his resignation being accepted, Francisco Fábrega, who had been elected vice-governor on the 22d, was inducted into the executive office on the 4th of October.[XXV-63]