Minister Northcott
to the Secretary of State.
American Legation,
Bogota, October 1,
1909.
No. 12.]Sir: I have the honor to refer to my cipher
telegram of the 29th ultimo and, in that connection, to report that
about two weeks ago while attending the weekly reception of Dr. Carlos
Calderón, the minister for foreign affairs, in company with Mr. Paxton
Hibben, the secretary of the legation, Dr. Calderon informed us that the
Colombian Government had concluded that it would be useless to present
the United States-Panama-Colombia treaties to the present session of
Congress, as they would undoubtedly be rejected. Dr. Calderón then
presented a written memorandum in Spanish, copy and translation of which
is inclosed herewith, and asked me to agree to sign it as showing the
existing condition of affairs between the
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two countries. I told Dr. Calderón that I would
take the memorandum and consider it after a translation was made. On the
following Wednesday, having been informed unofficially of the
appointment of Dr. Francisco de Paul Borda as minister to the United
States, Dr. Borda being the father-in-law of Dr. Calderón, in company
with Secretary Hibben I called on Dr. Calderón and suggested to him that
in view of Dr. Borda’s appointment and near departure to Washington, it
might be well to postpone consideration of the memorandum he had
presented until Dr. Borda could talk matters over with you, to which Dr.
Calderón replied that he would rather have the matter settled here
before Dr. Borda’s departure.
On Wednesday, September 29, again in company with Secretary Hibben, I
called on Dr. Calderón and informed him that I did not feel justified in
signing the memorandum in question, for the following reasons:
- First, that no matter how strongly he and I might be
convinced, from indications and observations, that the treaties
would not be ratified by the Congress of Colombia, we could not,
as representatives of our respective countries—and I,
especially, as diplomatic representative of the United States,
had not the right to—prejudge the action of the Congress and
assume that it would reject treaties entered into and signed by
duly authorized representatives of the respective countries,
treaties already ratified by the Senate of the United States,
and to the securing of the ratification of which the executive
branch of the Government of Colombia is morally bound.
- Second, that in the event that the Colombian Congress reject
the treaties, I had not been instructed, nor was I informed, as
to the wishes of my Government on the subject of entering into
any further negotiations; that the present treaties were
regarded by us as being of more benefit to Colombia than to us,
and that under the circumstances I did not feel authorized to
state that we were ready to enter into new negotiations, in the
absence of express instructions from my Government.
I then told Dr. Calderón that I would gladly communicate the situation to
the department by cable and request instructions.
After considering the matter for some time, Dr. Calderón stated formally
that as representative of the Colombian Government he now gave me notice
that his Government desired to cease all further consideration of the
treaties because of the impossibility of securing their ratification by
the Congress, and desired to enter into negotiations, here in Bogota,
for the making of a new treaty with the United States, and requested
that I notify my Government of his statement. I then asked Dr. Calderón
if he would kindly write me a formal note containing his statements.
This he said he would do at once. Up to the time of the sending of this
dispatch the note promised by Dr. Calderón has not been received by the
legation.
On returning from the ministry for foreign affairs I sent my cable of the
29th ultimo.
I am of the opinion that the present Colombian Government does not
desire, for political reasons, to urge the ratification of the treaties,
and that if it did so desire it is not strong enough to secure such
ratification.
The general feeling in the country is very bitter against the treaties
and against us as a nation, and at the present time the majority of
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the Senate now in session is
undoubtedly against the treaties. This is, however, a country of
startling and unexpected political changes, and it is impossible to
foretell what may happen.
It is hard to see how the present financial condition of Colombia could
be worse than it is, and the financial considerations involved in the
treaties may have a telling effect in their favor in the near future,
though there is no indication of it at the present time.
I have, etc.,
[Inclosure.—Translation.]
In Bogota, the —— day of ———, 1909, meeting at the ministry of
foreign affairs (of the Republic of Colombia), the minister for
foreign affairs, Dr. Carlos Calderón, and the Hon. Elliott
Northcott, envoy extraordinary and minister plenipotentiary of the
United States of America, the minister for foreign affairs said:
The tone of frank friendliness which has characterized all
the acts of the minister of the United States brings to the
Colombian mind the conviction that that Nation still
maintains the ample spirit of equality which in times past
has served as a base of relations between them.
In view of these sentiments, the honorable minister of the
United States has manifested that, having celebrated in
Washington, on the 9th day of January, 1909, a treaty to
facilitate the direct settlement of the questions pending on
the declaration of independence of the Colombian Department
of Panama November 3, 1903, and to define the relative
position of Colombia with respect to the canal which the
United States is constructing across the Isthmus in virtue
of a convention celebrated with the so-called Republic of
Panama, and this treaty, having been postponed to
consideration by the Congress of Colombia, the Government of
the United States wishes to know what are the intentions of
the Government of Colombia in reference to the consideration
of this pact by the legislative body in actual session.
The minister for foreign affairs acceded to the desires of the
minister of the United States, stating that the Government of
Colombia, wishing to be agreeable to the United States, is ready to
satisfy the desires of said Government in this respect.
But, as the minister of the United States may have observed, there is
a popular opinion, of which the opinion of the legislative body is
but an echo, that the treaty of Washington of January 9, 1909, be
not accepted, and for the same, if this treaty were at present
placed before the legislative body, it would certainly be
disapproved.
The minister of the United States stated that his Government in this
particular matter has no other interest than that of Colombia, and
that it has noted, as far as has been possible, the dominant opinion
in the Republic in reference to this compact so many times
mentioned, the which is motive enough that the Government of the
United States should not insist that this treaty be considered by
the Congress if, as has been affirmed, the desire of its Government
consists in, above all, satisfying the desires and the rights of the
Republic of Colombia, and not of insisting that it enter into
negotiations which do not have the spontaneous approval of the
nation.
The minister for foreign affairs observed that finding the two
Governments at one in just purpose and animated by the firm
intention of satisfying their reciprocal rights, the laying aside of
the consideration of the treaty of January the 9th, 1909, brings as
a consequence that the relations of all kinds which exist between
this Republic and the United States and the regulation of all rights
between them shall be governed by the treaty of Washington, December
12, 1846, whose validity neither of the contracting parties has
placed in doubt, which, in his opinion, in the face of the necessity
of defining the reciprocal situation of the two nations and their
respective rights and obligations for acts which have been matter
for complaint on the part of Colombia, there arises the necessity
for an agreement as to the manner in which this is to be done by
virtue of special negotiations which shall carry both the legal
relations of the two countries to the status existing before the
project of the treaty of 1909 and the protocols of Cartagena and
Washington, which served as its base; and from this there arises the
necessity of knowing, as a preliminary, whether the two parties who
have such a treaty to celebrate are ready to open negotiations with
the end to a settlement of the obligations which each should
fulfill.
The honorable minister of the United States agreed heartily in the
sentiments expressed by the minister for foreign affairs—that is,
that the Government of the United States is found willing to open
the negotiations which may be necessary to the satisfaction of the
rights of Colombia and will receive and take into consideration the
bases which may be submitted for such negotiations, to which the
minister for foreign affairs replied, offering to present the
honorable legation the bases of the convention, which, in his
opinion, conform to the honor and highest rights and interests of
Colombia and of the United States.
