File No. 711.21/201.
The American Minister to
the Secretary of State.
No. 14.]
American Legation,
Bogotá,
October 23, 1913.
Sir: I have the honor to enclose herewith the
English text of the draft preamble and articles for a treaty embodying
the Colombian Government’s ideas regarding bases for a settlement, which
have been informally communicated to me by Dr. Urrutia in accordance
with the statement made in his note of the 6th instant, a copy of which
was transmitted to the Department with my despatch No. 10 of the 8th
instant.
These ideas comprise the views of the Committee on Foreign Affairs,
composed of representatives of all political parties, and may,
therefore, be considered as interpreting faithfully every national
aspiration.
While the ideas may be deemed to constitute Colombia’s maximum desires, I
feel convinced that she will accept considerably less.
Dr. Urrutia on several occasions during our conversation laid stress upon
the fact that these desires were to be treated as an informal expression
of views only and were to serve as a basis for discussion, in the hope
that the two Governments might reach some mutually acceptable ground
before he presented Colombia’s formal counter-proposition.
I have used every effort to dissuade Dr. Urrutia from presenting, even
informally, in my opinion such exorbitant desires, but he has [Page 324] earnestly requested me to
transmit them and I have thought it best to do so, although, when my
views have been requested, I have not hesitated to state frankly that I
thought no good purpose could be served in requesting greater
preferential privileges in the use of the Canal than those enjoyed by
the United States and United States commerce, nor a boundary other than
that based upon the New Granadan law of June 9, 1855, nor a greater
indemnity than one of 20 million dollars, in consideration of the
foregoing concessions.
I sincerely trust that the Department will see its way clear to approve
the phraseology of the preamble and of Article I, and especially that it
will find it possible to accept the word “regrets,” which I am convinced
would go far towards rendering any terms acceptable to this Government
and the people of Colombia.
I have [etc.]
[Inclosure—Translation.]
Draft Treaty embodying Colombia’s proposals.
The Republic of Colombia and the United States of America, desiring
to put an end to everything which may impair the good understanding
between the two nations; and wishing therefore to adjust the
situation created by the political change which took place in Panamá
in November 1903 and to regulate as well the rights and interests of
both nations relating to the interoceanic canal which the Government
of the United States is now constructing across the Isthmus of
Panamá; and earnestly desiring to restore the reciprocal relations
of their long and close friendship, have resolved for this purpose
to conclude a convention and have accordingly appointed as their
plenipotentiaries, etc.
article i.
The Government of the United States of America, in its own name and
in the name of the people of the United States, sincerely regrets
and invites the Government and the people of Colombia to forget
anything that may have occurred to mar or to interrupt the close and
long established friendship existing between the two nations, and
likewise desires now to set at rest once and for all the differences
which have arisen between it and the Government of the Republic of
Colombia in connection with the question of proper reparation for
the losses both moral and material suffered by the Republic of
Colombia by reason of the circumstances which produced the situation
enjoyed by the United States in the Isthmus of Panamá.
On its own part, the Government of the Republic of Colombia, in its
own name and in the name of the Colombian people, accepts this
declaration, confident that every obstacle to the progress of
friendly relations between the two nations will thus disappear.
article ii.
The United States grants to Colombia the following rights in the
matter of transit via the Interoceanic Canal and the Panamá Railway:
- 1.
- Once the Canal is opened which is now in course of
construction in the Isthmus, Colombia shall have the right
in perpetuity to transport at all times by this route both
its merchant ships and ships of war as well as its troops
and materials for war without paying any duty to the United
States, even in the case of an international war between
Colombia and another nation.
- 2.
- Colombian products, whatever may be their destination, and
merchandise destined to Colombian ports of the Atlantic or
of the Pacific for consumption in Colombia, which pass
through the Canal whether in national or foreign ships, as
well as the Colombian mails or mails for Colombia, shall be
free from all customs duties, tonnage dues, anchorage,
lighthouse, wharf, pilot, quarantine dues, or any other duty
or tax of every nature whatsoever, upon passing through the
Canal; wherefore, after the respective invoices have been
examined by the [Page 325]
Consul of the United States stationed at the port of their
destination, that part of the toll corresponding to the said
mails, products or merchandise, paid by the boat on passing
through the Canal, shall be returned.
- 3.
- Colombian citizens shall be exempt from every toll, tax or
duty whatsoever on crossing the Canal Zone, upon proving
their nationality to the employees of the Canal.
- 4.
- The products of the soil and industry of the Republic of
Colombia such as cattle, provisions, etc., shall be admitted
to entry in the Canal Zone, as well as in the Islands and
mainland auxiliary or accessory thereto, provided that they
are for consumption therein, without paying other duties
than those paid by similar products of the United
States.
- 5.
- During the construction of the Canal and afterwards,
whenever traffic thereby is interrupted or whenever it shall
be necessary for any other reason to use the railway now
existing or any other railway to be substituted therefor,
the troops, materials for war, products, merchandise and
mails mentioned in the preceding clauses shall be
transported by said railway, paying only the same freight or
dues which are paid by the troops, materials for war,
products, merchandise and mails of the United States.
- 6.
- The officers, agents and employees of the Government of
Colombia shall be entitled to free passage at all times upon
said railway across the Isthmus of Panamá, upon proving
their official character to the employees of the
railway.
- 7.
- Colombian sea-salt and coal, destined to any Colombian
port whatsoever and passing by the railway across the
Isthmus of Panamá from one ocean to the other, shall be free
of any charge except the actual cost of transportation and
handling, not in any case to exceed one half of the lowest
ordinary freight charges levied upon products of the United
States passing over the said railway and in transit from one
to another port of the United States.
article iii.
Colombian-Panamá boundary line to be the seventy-ninth longitude west
of Greenwich.
article iv.
Fifty million dollars as indemnity.
