I am given to understand that this note has been drawn up after
mature deliberation by the Colombian President, his Cabinet and
representatives of the Congress of the Republic, and that it is to
be considered as a definite reply of the Colombian Government to the
proposal of Senator Lodge to amend the pending treaty as set forth
in the Department’s cabled instruction of August 9:5 p.m.
The details of the statement made to the United States Senate in its
session of the 7th instant have not yet become public here and I
apprehend that when such is the case they will have the effect of
increasing the Colombian feeling of resentment toward the action and
suspicion of the motives of the United States in connection with the
present stand taken in the treaty matter.
. . . . . . .
[Enclosure—Translation]
The Colombian Minister of Foreign
Affairs (Holguin y Caro) to
the American Minister (Philip)
Mr. Minister: I have the honor to refer
to the various conversations with Your Excellency during the
last few days relative to the suspension by the Senate at
Washington of the consideration of the Treaty of April 6,
1914.
According to information furnished by Your Excellency and by our
Legation in Washington, the cause of that suspension was the
fear that a decree in regard to petroleum which was issued on
June 20th last might affect legitimate rights of American
citizens. As to this point, Your Excellency already knows that
the decree in question was suspended a short time after its
issuance because it was considered to be a matter which the
Congress should consider during its present sessions. And as the
Congress has already commenced to consider legislation in regard
to this, the Government does not intend to revive that decree in
any form but will leave to the Congress the ample and complete
regulation of this affair. The Congress, then, in its enactment
of a law in accordance with peremptory terms of the
Constitution, will have to protect the rights which foreigners
as well as nationals have previously and legitimately
acquired.
Now that this point has been cleared up, I should state to Your
Excellency that my Government is convinced that it is impossible
to-day to introduce into the body of the treaty referred to any
clause which is foreign to the subject matter of that treaty,
that is, the secession of Panama, and that if such a course is
pursued it would result in the rejection of that important pact
by our Chambers and by the public opinion of Colombia. It is
because my Government lends [attaches]
great importance to the approval of the Treaty and sees in it a
means of wiping out all causes for disagreement between Colombia
and the United States that it abstains from proposing any new
modification which would frustrate the persistent
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labor of years, thanks
to which bases for an understanding between the two Governments
have been arrived at.
Now that the idea of introducing new modifications into that pact
has been discarded, my Government is disposed to give to the
Government of Washington full guarantees relative to the rights
of American citizens in Colombia, rights which, like those of
all foreigners, are guaranteed by us in the same way as are the
rights of our own nationals. My Government desires that the
Government of Washington shall not have the least doubt about
this point.
And for this purpose I state to Your Excellency that our Legation
has communicated to us that, according to information lately
received, complaints have been made to Your Excellency’s
Government by entities which have interests in Colombia; the
American Bank, the Santa Marta Railway, the Fruit Company and
the Platinum Company.
I anticipate by saying that, as Your Excellency already knows,
relative to the American Bank my Government has not done
otherwise than to make some just complaints to your Excellency’s
Government, and that on doing so it has only desired to
dissipate opportunely all causes for misunderstanding with an
important American institution, to conserve the common rights of
the Government and to avoid the formation among us of an
atmosphere unfavorable to that institution, which might later
prejudice others of an analogous character or origin.
The Santa Marta Railway Company has not made any complaint
against the Government; so that I do not understand what rights
have supposedly been denied it.
Relative to the Fruit Company, I had the pleasure of requesting
through Your Excellency that an intimation be made to it as to
the desirability and justice of raising the price of fruits, as
has happened in other countries, and it seems that that request
will be attended to.
Doctor Urueta also spoke to us about platinum operations. The tax
levied on this industry, which is in no way prejudicial, has
been well received in the Choco region and it is not seen how
this can be the cause of any disagreement.
In short, my Government is ready to make the necessary
explanations about this or any other points which the Government
at Washington may consider doubtful; for its constitutional duty
and the sentiments by which it is animated harmonize in the
enforcement of every legitimate right, without exception of
persons.
My Government is, as I so stated to Your Excellency at the
beginning of this note, unable to involve in a pact which treats
of a particular and single subject questions which are
absolutely foreign to that negotiation; and it therefore expects
that Your Excellency will
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give a new proof of the high spirit of
rectitude which animates you by transmitting these observations
to your illustrious Government which, without doubt, will
consider them as being an unequivocal demonstration of the
sincerity of purpose which guides the Government of Colombia in
its desire for the development and maintenance of their mutual
relations.
I take [etc.]
