people-and proposed the negotiation of new treaties on a basi that the United States, in view of all that Colombia had suffered and lost, must admit was fair and equitable.

Therefore he hoped that you and the President would most care fully consider his intimations and thus open the way to the com plete restoration of cordial relations between the United States and Colombia. to the recognition of Panama by Colombia, and to th establishment of permanent accord between the latter nations by means of a treaty of friendship and commerce.

In order to have a perfectly clear understanding in general term of what he proposed, I then asked the President to summarize them apart from the memorandum, which he did, as follows:

1. Colombia desires to negotiate a new treaty of friendship and commerc with the United States (to supersede the treaty of 1846), in which, in view of Colombia's former sovereignty and vital interests at stake, the Unite States shall grant to Colombia the same general privileges in the canal and Canal Zone as provided by the Hay-Herran treaty as they affect trade, com mercial intercourse, shipping, or practically the same as now granted to Pan ama in these respects.

2. Colombia will recognize Panama as an independent Republic within the limits of the old department of Panama (which is now conceded to be the pres ent extent of Panama), and negotiate with Panama a treaty of friendship and commerce, provided Panama will assume a part of Colombia's foreign debt contracted before the separation of Panama, in proportion not only to popula tion, but to resources and wealth.

3. The United States will use its good offices and its peculiar relation of responsibility to Panama to intervene with that Government and make sur that Panama will treat with Colombia in good faith and do its share and part in arranging a basis of settlement of the foreign-debt question.

4. Prior to the negotiation of the Colombia-Panama treaty, Colombia will arrange privately with the United States, and the latter with Panama, that Panama shall send a confidential representative to Bogota to consider and sign a protocol, before being officially received as minister plenipotentiary, covering the questions to be settled in a formal treaty that will be negotiated immediately after the protocol is signed.

5. The United States Government will give, if possible, an assurance before the Pan American conference of its willingness to undertake negotiations along these lines in order to prevent any expression of feeling there against the United States, and to thwart any plans for the formation of an interoceanic republic, which would include Panama and the Colombian territory of Cauca, Antioquia, and the Atlantic provinces, thus doing Colombia a great service and strengthening the position of the United States not only in Colombia, but in all South America.

6. The actual negotiations will await the return to Washington of Secretary Root from his trip to South America, and be conducted in the late fall or early part of next year, when the Congresses of both the United States and Colombia will be in session and can consider and ratify the treaties. Although conditions favor Bogota, it is not material whether the actual negotiations take place in Bogota or Washington, but, if in Washington, Colombia will send Enrique Cortes, former minister of foreign affairs, and who went to Washington in June, 1905, as a special representative of President Reyes, to act as its plenipotentiary, Mr. Mendoza being in the meantime granted leave of absence or transferred.

7. The whole question is to be treated as confidential (not even made known to Mr. Mendoza), except as Colombia may telegraph her delegates at Rio Janeiro about the time the Pan American conference assembles, to the effect that preliminary negotiations are begun which will lead to a satisfactory adjustment of all questions at issue over Panama between Colombia and the United States.

In regard to receiving some word from you before the Pan American conference, the President emphasized, in response to my intimation that this suggestion might be misunderstood, that it was in no

sense whatever a threat to the effect that Colombia's delegates might in some way bring up the Panama or new republic questions at the conference or quietly approve of its being done by others in the event no favorable answer came from Washington; on the other hand, the delegates of Colombia desired the assurance so as to be able to definitely frustrate any attempt of the kind among other delegates and to remove all cause of suspicion and intrigue based on false reports or jealousy of the United States. The President added that he showed his frankness and fair dealing with me and the United States by informing me that efforts had been made and were being made to have him sanction or assist a movement against the United States in the conference.

In conclusion I would state that my conference with President Reyes and Dr. Calderon extended over several hours. It was characterized with the greatest frankness and friendliness of discussion. Both the President and minister of foreign affairs seemed deeply interested in the subject and most anxious that you and President Roosevelt should appreciate and reciprocate their sincerity of purpose. They were good enough to say that my attitude and policy as minister here had paved the way to their determination to seek a settlement on a new basis of the Panama question and to lay their complete plans in confidence before me for submission to you and President Roosevelt.

In view of its confidential and highly important character, I am marking the dispatch "Confidential" and giving it no number. There is not time to prepare and confirm the telegram I shall send on this subject before the mail closes.

I have the honor to be, sir,

Your obedient servant,

26-673 0-77-37

JOHN BARRETT.

No. 173.]

Chargé Heimké to the Secretary of State.*

AMERICAN LEGATION,

Bogota, April 9, 1907. SIR: I have the honor to transmit herewith, in duplicate, a pamp let containing the message of the President of the Republic of Color bia addressed to the National Constituent and Legislative Assemb (which met in this city on the 1st instant), besides the reports ma to that body by the ministers of the cabinet.

I have translated and transmit herewith, in duplicate, the afor mentioned message, and (also in duplicate) that portion of the port made to the assembly by the minister for foreign affairs (p. of the pamphlet) wherein he refers to the existing relations betwe Colombia and the United States.

[Inclosure 2.-Translation.]

Translation of that portion of the report of the minister for foreign affairs a dressed to the National Constituent and Legislative Assembly, which met extraordinary session on April 1, 1907, wherein he refers to the relatio between Colombia and the United States.

Honorable Deputies of the National Constituent and Legislative Assembly: It is highly gratifying to me to be able to inform the honorable nation assembly that our relations with all nations friendly with Colombia grow mo cordial every day, which is largely due as well to the intelligent and merit rious labors of the accredited honorable diplomatic corps at Bogota as to o representatives abroad.

.

UNITED STATES.

In order to confer with our minister in Washington, Dr. Diego Mendo Pérez, concerning the important questions which this chancellery has pendin with that of the United States, and to repeat verbally the instructions whic had been given to him at the time of his nomination, I confirmed by cable, whe I took charge of the department, the orders which had already been tran mitted to him to repair to this capital. Then, in a manner unusual in th history of our diplomacy and in disobedience of the orders received, Dr. Mendo Pérez revolted and provoked the disagreeable incidents that are known to th whole country and which were a reflection upon the Government and publ ' opinion, so justly outraged.

Afterwards, our plenipotentiary at Rio de Janeiro having advised us the Secretary of State Root desired to touch at the port of Cartagena and mai Colombia a visit as a termination of his journey to South America, the Go ernment prepared to receive that distinguished man of state in a manner befi ting to him and to the traditions of hospitality and courtesy which have ho ored the Republic. The undersigned received from his excellency the Presiden the honored charge of proceeding to Cartagena, as he did, to await the arriva of the illustrious guest. Mr. Root arrived at that city on the 24th of Septembe of last year and was the object of proper attentions. In greeting Mr. Root the name of the Republic and that of his excellency the President, I said t him, among other things: We receive you as a herald of peace, of justice, an

*Foreign Relations of the United States, 1907, pp. 282, 286.

of concord." Mr. Root, in reply to my discourse, declared "the sincere desire that all questions pending between the Republic of Colombia and the United States may be settled peacefully, in conformity with the spirit of friendship, of mutual esteem, and in accordance with honor for both countries."

This frank and friendly declaration, besides other manifestations of the distinguished Secretary of State in honor of Colombla and her illustrious chief, inclined the Government all the more toward the continuation of the negotiations initiated in Washington by Minister Mendoza Pérez. In order to bring them to a happy goal, Dr. Enrique Cortés was designated to replace Dr. Mendoza Pérez, a citizen who by reason of his eminence, his skill, and his long residence in European centers appeared to be the most proper person to continue this mission.

Mr. Cortés proceeded to Washington and began his labors in accordance with the instructions given him by this chancellery. In order to arrive at the best results in so delicate a question, the Government decided to name as counselors of legation the distinguished Messrs. José María Pasos, Gabriel O'Byrne, and Antonio R. Blanco.

The negotiations have been prosecuted in a satisfactory manner, and the Government entertains the hope of soon being able to announce to the Republic the celebration of an agreement in conformity with her honor and to her Interests. It would be a matter of especial gratification to me if that agreement could be terminated before the end of your labors, so that you might consider it. I should mention that the distinguished diplomat, Hon. John Barrett, a loyal friend of Colombia, and who took upon himself journey through our department with fruitful results to the country, has contributed in a large measure, with intelligence and tact, toward the good feeling existing between Colombia and the United States.

Honorable Messrs. Deputies.
BOGOTA, April 1, 1907,

A. VASQUEZ ÇOBO,

States and the Republics of Panama and Colombia relating t the Panama Canal*

TREATIES BETWEEN THE UNITED STATES AND THE REPUBLICS OF PANAMA AND COLOMBIA RELATING TO THE PANAMA CANAL, BOTH SIGNED JANUARY 9, 1909.'

TREATY WITH PANAMA.®

The United States of America and the Republic of Panama, mutually desiring to facilitate the construction, maintenance, and operation of the interoceanic canal across the Isthmus of Panama and to promote a good understanding between the nations most closely and directly concerned in this highway of the world's commerce, and thereby to further its construction and protection, deem it well to amend and in certain respects supplement the treaty concluded between the United States of America and the Republic of Panama on the 18th of November, 1903, and to that end have appointed their respective plenipotentiaries, to wit:

The President of the United States of America, Elihu Root, Secretary of State of the United States;

The President of the Republic of Panama, Carlos Constantino Arosemena, envoy extraordinary and minister plenipotentiary of the Republic of Panama,

Who, after exchange of their full powers, found to be in good and due form, have agreed upon the following articles:

ARTICLE I.

It is mutually agreed between the high contracting parties that Article XIV of the treaty concluded between them on the 18th day of November, 1903, be, and the same is hereby, amended by substituting therein the words "four years" for the words "nine years," and accordingly the United States of America agrees to make the annual payments therein provided for beginning four years from the change of said treaty instead of nine years from that date.

The United States of America consents that the Republic of Pu ama may assign and transfer, in advance, to the Republic of Colombia and to its assigns or nominees, the first ten annual installments of two hundred and fifty thousand dollars each, so falling due under said treaty as thus amended, on the 26th days of February in the years 1908 to 1917, both inclusive, and its right and title thereto, and, upon the direction and acquittance therefor of the Republic of Panama, will pay said ten installments as they respectively fall due directly to the Republic of Colombia, its assigns or nominees, for account of the Republic of Panama. Such installments as may haw matured when the ratifications of this treaty shall be exchanged pur

*Foreign Relations of the United States, 1909, pp. 223-233. Also in Diplomatic History of the Panama Canal, pp. 314-325.

IMPORTANT NOTE-These treaties being of a tripartite nature are nonoperative owing te fellure of Colombia to ratify them. Ratified by United States, Mar, 8, 1909; ratified by Panama, Jan. 27, 1909.