Minister Northcott to the Secretary of State.

No. 20.]

Sir: I have the honor to report that in accord with the instructions contained in the department’s cable of October 23, 1909, on Wednesday last, October 27, 1909, accompanied by Secretary Hibben, I delivered to Dr. Carlos Calderon, Colombian minister for foreign affairs, an answer in writing to his notes suggesting the abandonment of the tripartite treaties and the opening of negotiations for a new treaty with the United States. A copy of my note is inclosed herewith.

At the interview which took place on the delivery of the note, immediately after receiving and reading it, Dr. Calderon stated verbally, that the present Colombian Government could not enter into negotiations of any kind with Panama, as it (the Government of Colombia as at present constituted) regarded the United States as being solely responsible for the separation of Panama. To which statement we replied that that view was not conceded by the United States in the slightest degree.

At a dinner given by the President at the palace last night, which we attended, Secretary Hibben had personal and unofficial conversations with Dr. Borda, the newly appointed Colombian minister to the United States, and with Dr. Calderon. These conversations Mr. Hibben will report to you in person.

The feeling here is still very strong against the United States, and if submitted to the present Congress the treaties would, in all probability, be overwhelmingly rejected.

The present session of Congress here is expected to end within two weeks, and it is not now generally believed that the Colombian Government will submit the treaties to the present session.

I have, etc.,

Elliott Northcott.
[Inclosure.]

Minister Northcott to the Minister for Foreign Affairs.

Mr. Minister: In comment upon the memorandum with which your excellency presented me on the 22d of September, in regard to a conversation which I had had the honor of holding with your excellency as to the abandonment of the tripartite treaties signed in Washington on January the 29th, last, by the plenipotentiaries of the Republics of Colombia and Panama and the United States of America, and in reply to your excellency’s courteous note of the 2d instant, and of the subsequent personal note which your excellency was good enough to send me on the 9th instant, I have the honor ta reply to the proposition for the negotiation of a new convention between Colombia and the United States, as a consequence of the abandonment, proposed by your excellency, of the present treaties, under instruction of my Government, as follows:

The treaty of January 9 between Colombia and the United States was negotiated in order to facilitate the negotiations between Colombia and Panama, and to that end the United States conferred favors upon Colombia in regard to the use of the canal and gave Colombia other advantages as equivalents for the agreement between Colombia and Panama, besides aiding Panama to carry out the engagements of the Colombia-Panama treaty.

[Page 406]

Your excellency’s statement in the personal note to which I have refer ted, that the abandonment of the Root-Cortes treaty will virtually eliminate the treaty with Panama means, in effect, that the considerations upon which the favors of that treaty were predicated is to be treated as nonexistent, thus eliminating the initial reason for a new treaty between the United States and Colombia. It would be impossible for the United States to impose, by independent convention with Colombia, any conditions constraining the free hand of Colombia and Panama in settling their questions of mutual agreement.

Whether the United States would be in any position to make any treaty with Colombia would depend upon the ascertainment of the terms on which Colombia and Panama may agree and the United States could only consider such an agreement with Colombia as might facilitate the Colombia-Panama agreement. In short, the whole tripartite agreement would have to be done over again with the probability of no prospect of reaching conclusions as favorable to all three parties as those which your excellency’s Government proposes to set aside. Indeed, in light of subsequent events it is more than doubtful if even similarly favorable concessions by the United States to Colombia could gain the approval of the United States Senate, as I have had the honor to point out to your excellency in conversation on several occasions.

For these reasons, the Government of the United States must decline to acquiesce in wiping out the tripartite treaty and can not enter upon a separate negotiotion with Colombia alone.

I avail, etc.,

Elliott Northcott.