File No. 711.21/226.
Chargé Harrison to the Secretary of State.
Bogotá , February 5, 1914, 5 p.m.
I have received to-day from the Minister for Foreign Affairs the following counter-proposition, which has been endorsed by the Commission of the Foreign Office:
The Preamble presented by you in the form of a minute to Mr. Taylor is accepted.
- Article I. The draft of your December 19, 6 p.m., is accepted.
- “Article II. The Republic of Colombia shall enjoy the
following rights in respect to the Interoceanic Canal and
the Panama Railway:
- “Paragraph 1. [Draft of your December 19, 6 p.m., accepted, with the following addition.] As regards the use of the Canal, Colombian merchant ships are placed on terms of equality with the merchant ships of the United States.
- “Paragraph 2. The products of the soil and industry of Colombia passing through the Canal, as well as the Colombian mails, shall be exempt from any charge or duty other than those to which the products and mails of the United States may be subject. The products of the soil and industry of Colombia, such as cattle, salt and provisions, shall be admitted to entry in the Canal Zone, and likewise in the islands and mainland auxiliary and accessory thereto, without paying other duties or charges than those payable by similar products of the United States.
- “Paragraph 3. [Draft of your December 19, 6 p.m., accepted.]
- “Paragraph 4. During the construction of the Interoceanic Canal and afterwards, whenever traffic by the Canal is interrupted, or whenever for any other reason [it] will become necessary or convenient, the troops, materials of war, products and mails of the Republic of Colombia, as above mentioned, shall, even in case of war between Colombia and another country, be transported on the Panama Railway or on any other railway substituted therefor or in addition thereto, paying only the same charges and duties to which the troops, materials of war, products and mails of the United States are subject. The officers, agents and employees of the Government of Colombia shall, upon proving their official character, also be entitled to be transported by the said Railway on the same terms as officers, agents and employees of the Government of the United States.
- “Paragraph 5. Coal, petroleum and sea salt, being the products of Colombia, passing from the Atlantic coast of Colombia to the Colombian coast of the Pacific, and vice versa, shall be transported over the aforesaid Railway free [Page 148] of every charge except the actual cost of transportation and loading and unloading in the trains, which shall not in any case exceed one half of the usual or ordinary freight charges which are levied on similar products of the United States in transit from one port to another of the United States.
- “Article III. The United States of America agrees to pay to the Republic of Colombia, within six months after the exchange of ratifications of the present treaty, the sum of $30,000,000 gold, United States money. The United States will also pay to the Republic of Colombia during 100 years to be counted from the aforesaid date an annuity of $250,000 in the same money.
- “Article IV. The Republic of Colombia recognizes Panama as an independent nation and, taking as a basis the Colombian law of June 9, 1855, agrees that the boundary shall be the following: From Cape Tiburón to the headwaters of the Rio de la Miel, and following the mountain chain by the ridge of Gandi to the Sierra of Chugargun and that of Mali, going down by the ridges of Nigue to the heights of Aspave, and from thence to Cocalito on the Pacific.
“It is distinctly understood that in recognizing the independence of Panama, Colombia rejects and declines all responsibility in respect to any Governments, entities or individuals for acts or events which may have taken place at any time in the territory of Panama.
“As soon as the ratifications of the present treaty have been exchanged, the Government of the United States will take the necessary steps to obtain from the Government of Panama the despatch of an agent to initiate with the Government of Colombia the negotiation of a treaty of peace and friendship based upon sentiments of fraternity and justice.”