File No. 711.21/226.
The Secretary of State to Chargé Harrison.
Washington, February 28, 1914, 11 p.m.
Your February 5, 5 p.m. The American Minister is authorized on his arrival at Bogotà to answer Colombia’s counter-proposition as follows:
Article II. Department agrees to Colombia’s substitute for the introductory phrase, but regrets this Government’s inability to accept proposed addition to Paragraph 1. The concession embraced in this paragraph, exempting Colombian men-of-war from tolls, was based on an agreement reached by this Government with Great Britain in 1909, under which Great Britain assented to the concession on the express understanding that it was not to be taken as a precedent. For this reason this Government is precluded from approaching Great Britain again and asking what would undoubtedly be treated, and accordingly refused, as a further departure from the principle of tolls embodied in the Hay-Pauncefote Treaty.
Paragraph 2. Department accepts amended version of Paragraph 2, with the insertion after the words “islands and mainland” of the phrase “occupied by the United States.”
Paragraph 4. Department accepts amendment proposed by Colombia in your January 17, 7 p.m., but not the substitute in your February 5, 5 p.m. This Government cannot omit the proviso that the paragraph shall not apply in case of war between Colombia and Panama.
Paragraph 5. Substitute accepted, subject to correct phrasing of English text.
[Page 149]Article III. This Government must adhere to the proposal of December 19, 6 p.m., except that it is willing to increase the amount to $25,000,000. But this offer of twenty-five millions will not be made until we are assured that it will be accepted. We are not willing to make the offer and have it refused. When all other details are settled and agreed to and we are informed that the twenty-five millions will be accepted, the offer will be made and the matter closed.
Article IV. Department accepts the first sentence or paragraph, except the last clause, which makes the line from Aspave terminate at Cocalito. The Colombian law of June 9,1855, on which the boundary is based, expressly provides that the line from Aspave shall terminate on the Pacific between Cocalito and Ardita. The Department therefore feels obliged to adhere to its proposal to adopt a point midway between Cocalito and Ardita. The area involved is small and as the land is unproductive and conceded to be practically worthless, there appears to be no reason for departing from the law of 1855.
The Department is unable to accept the second sentence or paragraph, by which Colombia proposes to renounce liability for any acts or events which may have taken place at any time in the territory of Panama. This proposal introduces a subject which is not conceived to be germane to the present negotiation and which could be properly considered only in connection with negotiations between Colombia and Panama for the treaty of peace and friendship for which the fourth article provides.
The Department accepts the third sentence or paragraph.
The presentation of this answer is deferred till Mr. Thomson’s return because his visit to Washington has enabled him to gain an intimate personal acquaintance with certain conditions upon the pending negotiations.