Señor Hurtado to Mr. Foster.

Sir: Under date of the 25th July last I sent to the minister of foreign affairs at Bogotá, a full and detailed report on the nature and result of the interviews which I had the honor to hold with you, consequent upon your invitation of the 11th of said month, to call on you at the State Department. I stated in my report that you had, in friendly terms, expressed the hope that the questions at issue between our respective governments growing out of the action taken by the President of the United States, in execution of the 3d section of the law of October the 1st, 1890, would be adjusted on the basis of mutual concessions; and to that end you suggested we should take the matter into consideration, prescinding, for the time being, all points bearing on treaty rights, by which means a common and satisfactory accord might possibly be arrived at.

I reported that I had cheerfully embraced your proposal as in accordance with the ideas and views of my Government; and that our common endeavors, in the course of several conferences, had enabled us to reach an understanding presumed to be acceptable and satisfactory to our respective governments on all but one point.

A list had been formed enumerating and describing sundry articles produced or manufactured in the United States, the admission of which into Colombia free of duty was to be the basis of the understanding sought to be established. It was understood that in granting freedom from duty to said articles it would be expressed that the concession was made with relation to the nationality of the favored merchandise; but without prejudice to the right of the Government of Colombia to grant the same exemption from import duty on the like articles the produce of other nations. It was further understood that the contemplated concession in favor of articles of American production would be made in reciprocity for the advantages derived from the free admission into the United States of Colombian produce, yet not by way of compensation therefor.

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Upon this condition of things it was understood, on the other hand, that the President of the United States would revoke his proclamation of the 15th of March last, in virtue of which the free entry into the United States of certain products of Colombia has been suspended; but, unfortunately, we were unable to arrive at a common accord regarding the precise time when such action should be exercised by the President. Adhering to my instructions I restated what I had intimated at the inception of the negotiation, viz, that my Government could not definitively undertake to carry out the conditions attached to the understanding as long as the proclamation of the 15th of March remained in force, inasmuch as they would be acting under pressure and coercion, which would divest the measure they might adopt in favor of American interests of the voluntary and friendly spirit which it was essential should characterize the act. But I added that I was authorized by my Government, forthwith upon the duties imposed by the proclamation being removed, to convey to you the most positive assurance that action would be taken by the Government of Colombia towards promptly and faithfully carrying into effect the conditions of the understanding arrived at. Your reply was, in substance, that this mode of proceeding could not be adopted, as the President was clearly of opinion that he had no authority to suspend his proclamation as long as the existing state of things remained unchanged. Hence, our endeavors to dispose of the question through mutual concessions were discontinued.

I have thought it desirable to lay before you the substance of my report for the better intelligence and appreciation of what I shall proceed to add.

I have lately received a cable dispatch from the minister of foreign relations, at Bogotá, acknowledging the receipt of my report of the 25th of July, and in connection therewith I am informed that the President has asked Congress for authority to decree the free entry into Colombia of the articles of merchandise designated in the list drawn up between us, in the course of our interviews on July last, and to which reference has been made above. There is no reason to doubt but that the request of the President will be granted by Congress, and, in anticipation of this result, I am directed to propose that when the authority solicited from Congress shall be vested in the President the duties imposed on Colombian produce by the proclamation of the 15th of March last shall be removed, with’ the express understanding that immediately thereupon the President of Colombia will issue a decree exempting from import duty the articles designated in the list above mentioned, the produce of the United States; without prejudice, however, to the right of the Congress or President of Colombia to extend the same exemption from import duty, to like articles, the produce or manufacture of other friendly nations.

This proposition which I have the honor to submit to your consideration under recent instruction disposes of the only impediment that stood in the way to the attainment of a harmonious and satisfactory settlement of the matter it has reference to, without mooting the subject, and independently of treaty rights and obligations, which has been throughout the earnest desire of both governments to accomplish.

The prompt response of the President of Colombia on becoming acquainted with the difficulty that prevented the contemplated arrangement from being carried into effect—by taking immediate action toward obviating that difficulty and proposing to forthwith assume definite obligations—can not be otherwise viewed than as a mark of deference toward the Government of the United States and an earnest of the [Page 485] desire of the President to meet their views, of which I have on so many occasions conveyed to yon the sincere expression.

I am lastly directed, Mr. Secretary to express the hope, relying on the assurance imparted to me in the name of the President of the United States, contained in the note of your predecessor of the 31st of last May, that the position which recent instructions enable me to assume, furnishes the opportunity to finally and satisfactorily bring to an end and dispose of the subject-matter under consideration.

Accept, etc.,

J. M. Hurtado.