Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 8, 1914
File No. 711.21/275.
The Secretary of State to Minister Thomson.
Washington, June 10, 1914.
Your June 8. Congratulations. Hope to submit treaty next week.
63d Congress,
2d session.
II
Executive H
Message of the President transmitting the treaty to the Senate.
[Referred to the Committee on Foreign Relations on June 16, 1914.]
To the Senate:
I transmit herewith, for the constitutional action of the Senate, a treaty signed at Bogota on April 6, 1914, between the United States and the Republic of Colombia, for the settlement of their differences arising out of events which took place on the Isthmus of Panama in November, 1903.
Washington , June 16, 1914.
The Secretary of State to the President.
The President:
The undersigned, the Secretary of State, has the honor to lay before the President, with a view to its transmission to the Senate to receive the advice and consent of that body to its ratification, a treaty signed at Bogota on April 6, 1914, between the United States and the Republic of Colombia, for the settlement of their differences arising out of events which took place on the Isthmus of Panama in November, 1903.
Respectfully submitted.
Washington , June 16, 1914.
TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COLOMBIA FOR THE SETTLEMENT OF THEIR DIFFERENCES ARISING OUT OF THE EVENTS WHICH TOOK PLACE ON THE ISTHMUS OF PANAMA IN NOVEMBER, 1903.
The United States of America and the Republic of Colombia, being desirous to remove all the misunderstandings growing out of the political events in Panama in November, 1903; to restore the cordial friendship that formerly characterized the relations between the two countries, and also to define and regulate their rights and interests in respect of the interoceanic canal which the Government of the United States is constructing across the Isthmus of Panama, have resolved for this purpose to conclude a Treaty and have accordingly appointed as their Plenipotentiaries:
His Excellency the President of the United States of America, Thaddeus Austin Thomson, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Government of the Republic of Colombia; and
His Excellency the President of the Republic of Colombia, Francisco José Urrutia, Minister for Foreign Affairs; Marco Fidel Suárez, First Designate to exercise the Executive Power; Nicolás Esguerra, ex-Minister of State; José María González Valencia, Senator; Rafael Uribe Uribe, Senator; and Antonio Jose Uribe, President of the House of Representatives;
Who, after communication to each other their respective full powers, which were found to be in due and proper form, have agreed upon the following:
Article I.
The Government of the-United States of America, wishing to put at rest all controversies and differences with the Republic of Colombia arising out of the events from which the present situation on the Isthmus of Panama resulted, expresses, in its own name and in the name of the people of the United States, sincere regret that anything should have occurred to interrupt or to mar the relations of cordial friendship that had so long subsisted between the two nations.
The Government of the Republic of Colombia, in its own name and in the name of the Colombian people, accepts this declaration in the full assurance that every obstacle to the restoration of complete harmony between the two countries will thus disappear.
Article II.
The Republic of Colombia shall enjoy the following rights in respect to the interoceanic Canal and the Panama Railway:
- 1.
- The Republic of Colombia shall be at liberty at all times to transport through the interoceanic Canal its troops, materials of war and ships of war, even in case of war between Colombia and another country, without paying any charges to the United States.
- 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 occupied or which may be occupied by the United States as auxiliary and accessory thereto, without paying other duties or charges than those payable by similar products of the United States.
- 3.
- Colombian citizens crossing the Canal Zone shall, upon production of proper-proof of their nationality, be exempt from every toll, tax or duty to which citizens of the United States are not subject.
- 4.
- During the construction of the Interoceanic Canal and afterwards, whenever traffic by the Canal is interrupted or whenever it shall be necessary for any other reason to use the railway, 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 Railway between Ancon and Cristobal or on any other Railway substituted therefor, paying only the same charges and duties as are imposed upon the troops, materials of war, products and mails of the United States. The officers, agents and employees of the Government of Colombia shall, upon production of proper proof of their official character or their employment, also be entitled to passage [Page 164] on the said Railway on the same terms as officers, agents and employees of the Government of the United States. The provisions of this paragraph shall not, however, apply in case of war between Colombia and Panama.
- 5.
- Coal, petroleum and sea salt, being the products of Colombia, passing from the Atlantic coast of Colombia to any Colombian port on the Pacific coast, and vice versa, shall be transported over the aforesaid Railway free of any charge except the actual cost of handling and transportation, which shall not in any case exceed one half of the ordinary freight charges levied upon similar products of the United States passing over the Railway and 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 the ratifications of the present Treaty, the sum of twenty-five million dollars, gold, United States 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 Río de la Miel and following the mountain chain by the ridge of Gandi to the Sierra de Chugargún and that of Mali, going down by the ridges of Nigue to the heights of Aspave and from thence to a point oh the Pacific half way between Cocalito and La Ardita.
In consideration of this recognition, the Government of the United States will, immediately after the exchange of the ratifications of the present Treaty, take the necessary steps in order to obtain from the Government of Panama the despatch of a duly accredited agent to negotiate and conclude with the Government of Colombia a Treaty of Peace and Friendship, with a view to bring about both the establishment of regular diplomatic relations between Colombia and Panama and the adjustment of all questions of pecuniary liability as between the two countries, in accordance with recognized principles of law and precedents.
Article V.
The present Treaty shall be approved and ratified by the High Contracting Parties in conformity with their respective laws, and the ratifications thereof shall be exchanged in the City of Bogota., as soon as may be possible.
In faith whereof, the said Plenipotentiaries have signed the present Treaty in duplicate and have hereunto affixed their respective seals.
Done at the City of Bogota., the sixth day of April in the year of our Lord nineteen hundred and fourteen.
- Thaddeus Austin Thomson.
- Francisco José Urrutia.
- Marco Fidel Suáreb.
- Nicolás Esguerra.
- José María González Valencia.
- Rafael Uribe Uribe.
- Antonio José Uribe.