Mr. Beaupré to Mr.
May.
Legation of the United States,
Bogotá, July 22,
1903.
No. 85.]
Sir: Referring to the Department’s telegram of
April 7, 1903, to my No. 10 of April 24, 1903, and No. 44 of Jane 10,
1903, concerning the proposed cancellation of the present concessions of
the Panama Canal and Railroad companies, I have the honor to transmit
herewith a copy and translation of a note received from the minister for
foreign affairs on the subject, together with a copy of my reply
thereto. As soon as cable communication is reestablished I propose to
telegraph the Department the substance of this correspondence.
I am, sir, your obedient servant,
[Inclosure
1.—Translation.]
Ministry of Foreign Relations,
Bogota, July 21, 1903.
Mr. Minister: In your polite note of the
24th of April last, your excellency was pleased to inform me, in
accordance with the instructions of your Government, that all that
referring to the cancellation of the actual shares of the Panama
Canal and Railroad companies, was included in the convention between
Colombia and the United States, signed on the 22d of January last,
for the opening of the canal.
I shall be obliged by your excellency’s telling me, as early as
possible, if modifications, which, according to the final part of
the note referred to, are considered as violating the Spooner law,
are only those which concern the concessions of each of the
companies, or if they are such also as may be adopted with regard to
the (treaty itself) convention spoken of.
With this motive, etc.,
(Signed)
Luis Carlos
Rico.
To his excellency A. M.
Beaupré,
Envoy Extraordinary and
Minister Plenipotentiary of the United States, etc.
[Inclosure 2.]
Mr. Beaupré to
Doctor Rico.
Legation of the United States,
Bogota, July 22, 1903.
His Excellency Dr. Luis Carlos
Rico,
Minister for Foreign Affairs of
the Republic of Colombia.
Sir: I have the honor to acknowledge the
receipt of your excellency’s polite note of the 21st instant,
referring to my note of April 24, 1903, concerning the requests of
[Page 168]
the Colombian
Government to the Panama Canal and Railroad companies for the
appointment of agents to negotiate the cancellation of present
concessions, etc., in which I informed your excellency that my
Government considers that the treaty covers the entire matter, and
any change would be in violation of the Spooner law, and not
permissible.
Your excellency asks me if any modifications in the treaty itself
would be considered in violation of the Spooner law, as those other
suggestions for special cancellation of the concessions of the
companies have been so considered by my Government.
I have the honor to say to your excellency that with the approval by
the United States Senate of the treaty between Colombia and the
United States, signed on the 22d of January, 1903, the Spooner law,
which authorized the making of that treaty, was fully complied with,
in the opinion of the Senate, so far as the Panama route is
concerned. Hence, the said law went out of active existence with
reference to Panama, and can only again become a subject for
discussion, and then in reference to the Nicaragua route, in the
event of the rejection of the treaty by Colombia.
This is, of course, my personal opinion, which, unfortunately, I am
unable at present to confirm by cable reference to my Government.
But I consider it my duty to inform your excellency that I have no
reason to believe that my Government will consider or discuss again
any modifications whatever to the treaty as it stands. This strong
impression I gather from a careful reading and study of the notes
already in your excellency’s possession, for, if in the case of the
concessions of the companies my Government would consider their
modification as violating the Spooner law, then, with much more
reason, it would seem that the treaty itself, as the official
interpretation of the law, can not be modified at all without
violating that law.
I shall, of course, submit your excellency’s note to my Government as
soon as it is possible to do so by the reopening of cable
communication.
I embrace this opportunity, etc.,
