711.21/454

The Minister in Colombia (Philip) to the Acting Secretary of State

No. 3

Sir: With reference to my cable message of February 27; 8 p.m.,9 which reported the acceptance by the Colombian Government of certain modifications in the text of the Thomson-Urrutia Treaty of 1914,10 I have the honor to transmit, herewith, copies of the notes exchanged that day between the Colombian Minister for Foreign Affairs and myself.

During the conference which preceded the signing of these notes the President of Colombia, who assisted, assured me that the Colombian Government would entertain no objection to the publication of its own note, should the Government of the United States so desire, although he supposed that such publication would not take place until after the ratification of the Treaty.

I have [etc.]

Hoffman Philip
[Enclosure 1]

The American Minister (Philip) to the Colombian Minister for Foreign Affairs (Molina)

No. 326

Excellency: With reference to our conference of this date held in the presence of His Excellency the President of Colombia, I have the honor to submit for the approval of your Government the following [Page 732]modifications of the Treaty of 1914 between the Governments of the Republic of Colombia and of the United States of America:

In the preamble of the Treaty the words “is constructing” in the original text to be stricken out and to be replaced by the words “has constructed.

The entire Article I in the original text of the treaty to be stricken out.

“Article II” in the original text to be changed to read “Article I.”

The opening sentence of “Article II” in the original text, after the words Panama Railway, to be lengthened to read: the title to which is now vested entirely and absolutely in the United States of America, without any incumbrance or indemnities whatever.

The words “even in case of war between Colombia and another country” in Paragraph 1 of Article II of the original text to be stricken out.

The words “during the construction of the inter-oceanic canal and afterwards” at the beginning of Paragraph 4 of Article II of the original text to be stricken out.

The words “even in case of war between Colombia and another country” in Paragraph 4 of Article II of the original text to be stricken out, also the last sentence of this Paragraph 4 of Article II of the original text, which reads “the provisions of this paragraph shall not, however, apply in case of war between Colombia and Panama” shall be stricken out.

The words for Colombian consumption to be inserted between the words “Colombia” and “passing from” in Paragraph 5 of Article II of the original text. The words whenever traffic by the canal is interrupted to be inserted between the words “shall” and “be transported” in Paragraph 5 of Article II of the original text.

The words “Article III” in the original text to be changed to read Article II. The original text of this said “Article III” to be stricken out and to be replaced by the following: The Government of the United States of America agrees to pay at the city of Washington to the Republic of Colombia the sum of $25,000,000, gold, United States money, as follows:

The sum of $5,000,000 shall be paid within six months after the exchange of ratifications of the present treaty, and, reckoning from the date of that payment, the remaining $20,000,000 shall be paid in four annual installments of $5,000,000 each.

The words “Article IV” and “Article V” in the original text to be stricken out and replaced by the words Article III and Article IV, respectively.

I am given by Your Excellency to understand that the Government of Colombia agrees to accept without qualification the above modifications and that it will do everything in its power to insure the ratification by the Colombian Congress of the treaty thus modified, as soon as that body shall resume its next session.

Also, that the moneys to be paid by the Government of the United States to the Government of Colombia shall be principally employed for the carrying out of public works and the improvement of transportation [Page 733]facilities in Colombia, and that the Government of Colombia will, further, undertake that no part of the moneys in question will be paid for legal or other fees incurred in the United States in connection with the negotiations for or the ratification of the treaty.

I have [etc.]

Hoffman Philip
[Enclosure 2—Translation]

The Colombian Minister for Foreign Affairs (Molina) to the American Minister (Philip)

Mr. Minister: With reference to the Treaty of 1914 pending between Colombia and the United States, I have the honor to inform Your Excellency that my Government accepts the modifications proposed by Your Excellency’s Government and communicated in Your Excellency’s note of February 27, 1919, and that it will do everything within the reach and sphere of its power to have them approved in the next Colombian Congress.

I avail myself of this occasion to reiterate what the Colombian Government has already unofficially [officially?] declared, viz: that the indemnity proceeding from the treaty will be employed in public works and improvements of internal benefit and of utility to international commerce, such as port works and transportation facilities. I now add that from the indemnity no sum will be deducted for the payment of commissions or fees for services in connection with the negotiation and ratification of the treaty. Contracts for public improvements will be granted to Colombian citizens and to foreigners, in accordance with Colombian laws and public treaties, there being conceded, naturally, to citizens of the United States the consideration which corresponds to the extraordinary importance of the relations between the two countries.

With assurances [etc.]

P. A. Molina
  1. Not printed.
  2. The treaty under discussion.