File No. 711.21/235.

Minister Thomson to the Secretary of State.

[Telegram.]

Your March 10, 8 p.m. In the Colombian counter-proposition of February 5, 5 p.m., to that of your December 19, 6 p.m., there was inserted a new clause in Article IV whereby it was understood that, in recognizing the independence of Panama, Colombia renounced liability for all claims of whatsoever nature whether of governments or individuals for acts or events which may have taken place at any time in the territory of Panama.

By your telegraphic instruction of February 28, 11 p.m., I was directed to say, and so informed the Colombian Government, that you did not consider this provision to be germane to the present treaty and that it was a proper subject for discussion between Colombia and Panama at the time of negotiating the treaty of peace and friendship for which Article IV provides.

As I have already had the honor of informing the Department in my telegram of March 7, 9 p.m., Colombia has insisted upon retaining this provision in the face of your opinion that it was not germane to the present treaty. Although my understanding had been, when leaving Washington, that the instructions [to] be sent me on my arrival at Bogota would be final, I wished to leave nothing undone in my power if possible to satisfy legitimate Colombian aspirations, and therefore ventured to inquire whether you would be willing to retain this provision proposed by Colombia if a [Page 151] further provision were added releasing Panama from all obligation to pay her share of the external and internal debt of Colombia existing on November 3, 1903.

Although the suggestion to insert such a provision releasing Panama from all Colombian claims has not been proposed by the Minister for Foreign Affairs, I learn on reliable authority that if presented by me it would be accepted by the Minister and the Commission of the Foreign Office.

If, therefore, the Department should see fit to instruct me to accept Paragraph 2 of Article IV of the Colombian counterproposition of March 5, 5 p.m., with a proper proviso similarly releasing Panama from all claims Colombia might have against her, I have no doubt but that with this modification, and with the acceptance of the two modifications in Article II submitted to your consideration in my telegram of March 7, 9 p.m., a speedy settlement will be reached.

If, however, you maintain your former opinion that this proposal is not germane to the present treaty, or if the mutual release of obligations is unacceptable to Panama, I feel confident that I shall nevertheless be able to settle on the terms of your telegram of February 28, 11 p.m.

Thomson
.