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COLOMBIA.

RELATIONS BETWEEN COLOMBIA AND PANAMA.

Minister Russell to the Secretary of State.

[Telegram. Paraphrase.]

AMERICAN LEGATION,
Bogotá, January 7, 1905.

Mr. Russell reports that the Colombian Government desires to arrange with the United States a settlement of pending questions on the following terms:

First. The consent of the United States to submit the question of the independence of Panama to a plebiscite. If this is not agreed to, and if Panama should be recognized by the Colombian Government, then, Second. An agreement to celebrate a treaty of friendship, commerce, and navigation with Panama.

Third. Settlement by arbitration of all questions not disposed of in said treaty.

The Acting Secretary of State to Minister Russell.

[Telegram.-Paraphrase.]

DEPARTMENT OF STATE,
Washington, January 9, 1905.

(Mr. Loomis informs Mr. Russell that in view of the fact that the Government of Panama has been thoroughly established and has been recognized by the civilized nations of the world it is not now regarded as competent to submit to a plebiscite the question of its independence. The celebration of a treaty of friendship, commerce, and navigation between Colombia and Panama will be pleasing to the President, as well as the settlement by arbitration of all questions not disposed of in said treaty.)

MESSAGE OF THE PRESIDENT OF COLOMBIA TO THE COLOMBIAN CONGRESS.

No. 29.]

Minister Russell to the Secretary of State.

AMERICAN LEGATION, Bogotá, March 16, 1905. SIR: I have the honor to inform you that the National Assembly was opened here yesterday with much pomp and ceremony. The diplomatic corps in uniform marched with the President from the palace to the senate chamber through lines of the national troops drawn up on each sidewalk and sat in the diplomatic gallery through the reading of the President's message. I inclose herewith a copy of said message with the parts marked that are of interest to the United States, and translations thereof.

I am, etc.,

WILLIAM W. RUSSELL.

[Inclosure. Translation.]

PRESIDENT'S MESSAGE.

[Extracts.]

Colombia's relations with all the countries with which she cultivates friendship are cordial, and from all of them the government has received, through the diplomatic representatives accredited in this capital, not only assurances of their kindly feelings toward us, but also the satisfaction with which they view the unanimous effort of the nation to put an end forever to the fratricidal strifes which for nearly a century have sapped its energies and to enter upon the paths of prosperity and grandeur.

For the purpose of settling pending boundary and commercial questions with Venezuela and Brazil diplomatic ministers have been accredited to these two Republics. The one appointed for Venezuela is already in Caracas, and the one who is to represent us in Brazil will leave shortly for his post.

We trust that our neighbors will recognize and grant the justice we ask of them, and in regard to Peru and Brazil we also trust that our rights will be recognized in that vast and rich region of the Amazon, explored and made known to the world by Colombians more than by any others, and of which exploring party I had the honor to be chief, as is shown in the report which, in the name of Colombia and as its representative, I presented to the Second International American Congress of Mexico. Said congress ordered a bronze tablet to be made in memory of my two brothers with this inscription:

"The delegates to the Second International American Congress assembled in Mexico in 1901 and 1902, to Nestor and Enrique Reyes, killed in the service of American civilization." Pardon me for making reference to facts which concern me personally, but I consider very important this resolution of the International Congress of Mexico as a moral title of great value, which is in addition to the legal titles which Colombia holds to the land washed by the Putumayo and Caquetá, unknown deserts when my brothers and I explored them, and which to-day are known to the world and mapped, due chiefly to said explorations which were extended to the greater part of the immense tract washed by the Amazon and its tributaries. There has been lately appointed a minister plenipotentiary to the Government of the United States, and who will soon leave for his post for the purpose of endeavoring to arrange pending questions with that country growing out of recent events on the Isthmus of Panama. Faithfully interpreting the national sentiment, the government believes that it is contrary to the interests of the Republic to postpone indefinitely the solution of these questions, and consequently the necessary instructions will be given to the minister who has been appointed to discuss said questions with a due regard, in the first place, to the honor and dignity of the country, and in the second place to its economical and material interests. If our minister, in whose patriotism and capacity the government has full confidence, should succeed in celebrating a treaty under such conditions, said treaty will be submitted to your consideration in accordance with the requirements of the constitution.

We should not lose sight of the fact that the opening of the Panama Canal will be an efficacious and powerful aid in every sense to the development and progress of the nation, as we are the most favorably situated to reap the benefits from this gigantic undertaking.

The departments of Cauca and of the Atlantic coast give proof of this assertion, in view of the great increase in their commerce during the works of the old French company from 1880 to 1888.

ARBITRATION OF BOUNDARY DISPUTE BETWEEN COLOMBIA AND EQUADOR.

Minister Russell to the Secretary of State.

No. 30.]

AMERICAN LEGATION,
Bogotá, March 20, 1905.

SIR: I have the honor to inclose herewith text and translation of a treaty concluded between Colombia and Ecuador for the settlement of their pending boundary dispute.

I am, etc.,

WILLIAM W. RUSSELL.

[Inclosure. Translation.]

Treaty of arbitration as to boundaries between Colombia and Ecuador, signed by their respective plenipotentiaries in Bogotá, November 5, 1904.

The Republics of Colombia and Ecuador, desirous of carrying out the provisions of article 26 of the treaty of July 9, 1856, in order to strengthen the bonds of friendship which happily unite them, have seen fit to celebrate a convention for settling their pending boundary questions, and for this purpose have named their respective plenipotentiaries, as follows:

Colombia, its envoy extraordinary and minister plenipotentiary in Spain, Don Julio Betancourt, invested with the functions of special plenipotentiary for everything in regard to boundaries; and Ecuador, its envoy extraordinary and minister plenipotentiary in Colombia, Gen. Julio Andrade.

Who, after having presented their full powers, which were found to be in due form, have agreed as follows:

ARTICLE 1.

The Governments of Columbia and Ecuador submit to the absolute unappealable decision of His Majesty the Emperor of Germany and King of Prussia the pending question of boundaries between the two Republics.

ARTICLE 2.

Both governments, through their plenipotentiaries, shall request His Imperial Majesty to accept immediately after exchange of ratifications of this treaty.

ARTICLE 3.

Within fifteen months from the date on which the august arbiter shall notify the interested parties of his acceptance, the plenipotentiaries of the latter shall present the memorials containing the claims of their respective governments and the documents in support of said claims.

ARTICLE 4.

After the termination of the above-mentioned fifteen months the interested parties can present no further memorials or documents, except those which the august arbiter may deem necessary to throw light upon the points at issue.

ARTICLE 5.

The two governments interested agree that an ocular inspection shall be made of the territory in dispute if the august arbiter shall deem this necessary.

ARTICLE 6.

Ecuador and Colombia acknowledge that the principal bases for a determination of their rights in this arbitration are as follows:

(a) The Colombian law of June 24, 1824, in regard to territorial division.

(b) The treaty of peace of September 22, 1829, between the old Republic of Colombia and Peru; and

(c) The treaty of July 9, 1856, in so far as it is binding between the Republics of New Granada (now Colombia) and Ecuador; without prejudice to any additional historic-juridical antecedents which the parties in interest may see fit to cite and which are not at variance with the three above-mentioned bases.

ARTICLE 7.

For the purpose of this arbitration Ecuador establishes the fact that the territory of the eastern section from the course of the river Napo to that of the Caquetat or Yapura is not included in the arbitration which Ecuador and Peru submitted to His Majesty the King of Spain by treaty of August 1, 1887.

ARTICLE 8.

Before the arbitral award is given both parties can arrange, by direct negotiation, any or all of the points at issue, and if said negotiations become effective in the form of public treaties the august arbiter shall be notified and the arbitration shall be considered as concluded or shall be limited to the points not agreed upon.

FR 1905-16

ARTICLE 9.

In the unexpected event that His Majesty the German Emperor does not accept the appointinent as arbiter, the President of the United States of Mexico shall be chosen, and in no other particular shall the provisions of this convention be changed.

ARTICLE 10.

The expenses of the arbitration shall be borne by Colombia and Ecuador equally.

ARTICLE 11.

This treaty approved in accordance with the constitutional provisions in both Republics shall be exchanged in Bogotá or in Quito within as short a time as possible.

In virtue of which the undersigned plenipotentiaries have signed and sealed with their respective seals in Bogotá this 5th day of November, 1904.

[SEAL.]

[SEAL.]

JULIO BETANCOURT.
JULIO ANDRADE.

SETTLEMENT OF THE CLAIM OF THE COMPAÑIA FLUVIAL DE CARTAGENA ET AL. AGAINST COLOMBIA.

Minister Russell to the Secretary of State.

[Telegram.-Paraphrase.]

AMERICAN LEGATION,
Bogotá, March 21, 1905.

(Mr. Russell reports that the claim of the Compañia Fluvial de Cartagena et al. against the Government of Colombia has been settled by that government by an offer of $475,000 in bonds, which was accepted by the agent of the companies.)

No. 34.]

Minister Russell to the Secretary of State.

AMERICAN LEGATION, Bogotá, March 22, 1905. SIR: Referring to my cable of yesterday in regard to the settlement of the claim of the Cartagena company, I have the honor to state that the terms of the settlement were the very best that could be obtained, and the Government of Colombia has acted in a very fair and equitable manner in regard to this matter. The minister for foreign affairs when he authorized me to summon Mr. Ford, the general manager, to Bogotá, assured me that he intended to examine the question very thoroughly and make a definite offer of settlement. The negotiations have been conducted at the foreign office between the minister for foreign affairs, Don Climaco Calderón, Mr. Ford, the general manager of the companies, and myself. There has been no friction whatever during the discussions, and I must say that the Colombian Government has acted throughout with that spirit of fairness which resulted in an award so just and equitable to this American corporation! The bonds given are called vales de extranjeros, and their issue was authorized by law 27, of 1903, for the purpose of paying claims of foreigners arising from the last revolution, are redeemable at the custom-houses for the payment of duties to the extent of 8 per cent of the amount due, and bear interest at the rate of 6 per cent per annum.

I inclose for your information copy of a letter to me from Mr. J. T. Ford, general manager of the companies interested, which gives a detailed statement of the manner in which this claim was settled. I am especially pleased to place on record the fact that Mr. Ford, by his judicious and temperate attitude in the presentation and management of this matter, has greatly facilitated me in obtaining an amicable and equitable settlement of the claim in question.

I am, etc.,

WILLIAM W. RUSSELL.

[Inclosure.]

Mr. Ford to Minister Russell.

BOGOTÁ, March 24, 1905.

DEAR SIR: In view of the successful termination of my business in the capital with results that I had not dared to hope for, when taking into consideration the delicate diplomatic relations that have lately existed between Colombia and the United States of America, I wish particularly to place on record in the name of the companies that I have the honor to represent my high appreciation of your distinguished ability in dealing with the case and your courteous treatment of myself throughout the negotiations so happily concluded for the settlement of a claim of such magnitude, which, from its peculiar nature, may be described as bristling with difficulties and which, with careless handling, would unquestionably have produced disastrous consequences to myself as the principal actor in the unfortunate incidents of the late revolution which gave rise to our claims and forced me often to protect the interests of my companies with a degree of vigorous warmth that had already earned for me unjustly the reputation of enmity to Colombia; but still more were the interests of our companies themselves threatened with serious injury in view of their connection with the relations between Colombia and the United States, and further delay might easily have been injurious also to Colombia. In these circumstances, therefore, I wish to forward to our companies an official confirmation from you of certain salient facts in connection with our settlement that will satisfy them as to the bona fides of the whole transaction from the point of view of all parties concerned, while it will serve as a matter of record in the remote event, not to be anticipated, of any hesitation on the part of future governments in Colombia to faithfully carry out the redemption of the bonds I have accepted in payment of the claim, when we could with perfect propriety again appeal to the Government of the United States for its good offices in protection of the rights of its citizens which in this instance it has so ably given. Te facts I allude to are as follows:

1. The claims of the companies I represent were placed in the hands of the State Department for collection through the diplomatic channel after some abortive attempts to arrive at a full settlement under a previous administration of the Colombian Government.

2. On your assuming the duties of American minister at Bogotá you were encouraged at the possibilities of the new administration of the President, General Reyes, to suggest, and, with his consent and that of the State Department at Washington, to summon me to Bogotá as representative of the companies with a view to further efforts toward an amicable settlement instead of forcing an arbitration, both costly and long drawn out, which, in view of the late results in Venezuela and the complications arising therefrom, it was in every way most desirable to avoid in the interests of all parties concerned.

3. Our companies in accepting this proposal did not therefore act independently of the State Department or take the matter out of your hands, but made use of your good offices to such an extent that you were personally a witness at every interview between myself and his excellency the minister of foreign affairs, Don Climaco Calderon R. until the final conclusion of the settlement on the 21st of March, and that the Government of the United States, to the extent that these facts may show, has been throughout a party to the transaction.

4. That the terms of the settlement are as follows: $475,000 American gold in bonds of the Colombian Government, issued under law 27 of 1903, bearing interest at the rate of 6 per cent per annum, and redeemable as cash payment of customs duties to the extent of 8 per cent of any or all such duties until finally liquidated.

5. That the settlement was for a sum en bloc, taking into consideration the possible depreciation in the value of the bonds to be received and with no admission whatever either by yourself or myself of the contentions often advanced by his excellency the minister of foreign affairs that the Government of Colombia was not responsible for the damages due to the acts of revolutionary forces after granting amnesty, notwithstanding the fact that on the part of the said minister the sum of the settlement as agreed by him may have been so divided from the items of the original claim papers in full.

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