66th Congress 1st Session Session SENATE Document Wo 61 SETTLEMENT OF DIFFERENCES WITH COLOMBIA * TREATY Signed at Bogota on April 6, 1914, between the United States and the Republic of Colombia, for the settle- ment of their differences arising out of the events which took place on the Isthmus of Panama in November, 1903, showing the amendments suggested by the Committee on Foreign Relations WASHINGTON GOVERNMENT PRINTING OFFICE 1919 SUBMITTED BY MR. NORRIS. In the Senate of the United States, July 31, 1919. Ordered, That the 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 the events which took place on the Isthmus of Panama in November, 1903, showing the amendments suggested by the Committee on Foreign Relations, be printed as a Senate document. Attest: George A. Sanderson, Secretary. 3Jf/. 3. 73 U Tl 3 ^ 4— 63rd CONGRESS, 2d SESSION. SENATE EXECUTIVE DOCUMENT No. H. SETTLEMENT OF DIFFERENCES WITH COLOMBIA. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A TREATY SIGNED AT BOGOTA ON APRIL 6, 1914, BETWEEN THE UN TED STATES 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. June 16, 1914. — Message read; convention read the first time and referred to the Committee on Foreign Relations, and, together with the message and accompany- ing papers, ordered to be printed in confidence for the use of the Senate. June 18, 1914. — Injunction of secrecy removed. July 29, 1919. — Made public. 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 the events which took place on the Isthmus of Panama in November, 1903. Woodrow Wilson. The White House, Washington , June 16, 191 If.. 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 the events which took place on the Isthmus of Panama in November, 1903. Respectfully submitted. William Jennings Bryan. Department of State, Washington, June 16, 191 If. i 3 4 SETTLEMENT OF DIFFERENCES WITH COLOMBIA. TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF COLOMBIA FOR THE SETTLEMENT OF THEIR DIF- FERENCES 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-eenstruelmg has constructed 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, Fran- cisco Jose Urrutia, Minister for Foreign Affairs; Marco Fidel Suarez, First Designate to exercise the Executive Power; Nicolas Esguerra, Ex-Minister of State; Jose Maria Gonzalez Valencia, Senator; Rafael Uribe Uribe, Senator; and Antonio Jose Uribe, President of the House of Representatives; Who, after communicating to each other their respective full powers, which were found to be in due and proper form, have agreed upon the following: \ D TT P T F T li-JL-Ll llv jLJu IT Article II /. The Republic of Colombia shall enjoy the following rights in respect to the interoceanic Canal and the Panama Railway-:, the title to which is now vested entirely and absolutely in the United States of America , without any encumbrances or indemnities whatever. 1. The Republic of Colombia shall be at liberty at all times to transport through the interoceanic Canal its troops, materials of war oetmlry- 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 SETTLEMENT OF DIFFERENCES WITH COLOMBIA. 5 * i 1 1 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 pro- duction of proper proof of their nationality, be exempt from every toll, tax or duty to which citizens of the United States are not subject. wardsy-wheneve? Whenever traffic by the Canal is interrupted or whenever it shall be necessary for any other reason to use the rail- way, the troops, materials of war, products and mails of the Republic of Colombia, as above mentioned, shally-even-in-ease-ef 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 Govern- ment of Colombia shall, upon production of proper proof of their official character or their employment, also be entitled to passage on the said Railway on the same terms as officers, agents and employees of the Government of the United States. dona - of- th is ^-in-ease-ef-war-feetween-Celembift > rv\ c\ txTTTXT 5. Coal, petroleum and sea salt, being the products of Columbia, for Columbian consumption , passing from the Atlantic coast of Colom- bia to any Colombian port on the Pacific coast, and vice versa, shall, whenever traffic by the Canal is interrupted , be transported over the aforesaid Railway free of any charge except the actual cost of han- dling 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 Hi II. The Government of the United States of America agrees to pay at the ci+y of Washington , to the Republic of Colombia, wi-thin-six the sum of twenty-five million dollars, gold, United States money, as follows: The sum of five million dollars 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 twenty million dollars shall be paid in four annual installments of five million dollars each. Article iA III. 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 Tiburon to the headwaters of the Rio de la Miel and following the mountain chain by the ridge of Gandi to the Sierra de Chugargun and that of Mali i 6 SETTLEMENT OF DIFFERENCES WITH COLOMBIA. going down by the ridges of Nigue to the heights of Aspave and from thence to a point on the Pacific half way between Cocalito and La Arvita. 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 estab- lishment of regular diplomatic relations between Colombia and Pan- ama 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 IV. 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 Jose Urrutia. Marco Fidel Suarez. Nicolas Esguerra. Jose Maria Gonzalez Valencia. Rafael Uribe Uribe. Antonio Jose Uribe. In Executive Session, Senate of the United States. Resolved {two-thirds of the Senators present concurring therein) r That the Senate advise and consent to the ratification of the treaty signed at Bogota April 6, 1914, between the United States 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, with the following amendments: (1) In the preamble strike out the words “is constructing ” and insert in lieu thereof the words “has constructed.’ 7 (2) Strike out all of Article I, which is in the following language: Article I. The Government of the United States of America, wishing to put at rest all contro- versies 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 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. SETTLEMENT OF DIFFERENCES WITH COLOMBIA. (3) Change the number of Article II to Article I. (4) In the first paragraph of Article II in the original text of the treaty, strike out the colon after the word “Railway” and insert in lieu thereof a comma and the following: “the title to which is now vested entirely and absolutely in the United States of America, without any encumbrances or indemnities whatever.” (5) In clause 1 of Article II in the original text of the treaty, strike out the following: “even in case of war between Colombia and another country.” (6) In clause 4 of Article II in the original text of the treaty, strike out the words “During the construction of the Interoceanic Canal and afterwards whenever” and insert “Whenever” in lieu thereof; strike out, after the word “shall”, the following: “, even in case of war between Colombia and another country,” ; and strike out the last sentence, which reads as follows: “The provisions of this paragraph shall not, however, apply in case of war between Colombia and Panama.” (7) In clause 5 of Article II in the original text of the treaty, after the words “products of Colombia”, insert “for Colombian consump- tion,” after the words “vice versa, shall” insert a comma and the following: “whenever traffic by the canal is interrupted.” (8) Change the number of Article III to Article II. (9) In Article II of the original text of the treaty, before the words “United States of America,” insert “Government of the”; after the word “pay” insert “at the city of Washington,”; strike out, after the word “Colombia”, the words “within six months after the exchange of the ratifications of the present Treaty,”; st ike out the period after the word “money” and insert a comma in lieu thereof and add the following: “as follows: The sum of five million dollars 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 twenty million dollars shall be paid in four annual installments of five million dollars each.” (10) Change the number of Article IV to Article III. (11) Change the number of Article V to Article IV. Resolved further, That the Senate advise and consent to the ratifi- cation of the treaty signed by the plenipotentiaries of the United States and the Republic of Colombia on April 6 , 1914, providing for the settlement of differences between the United States and the Republic of Colombia, with the understanding to be made a part of such treaty and ratification, that the provisions of section 1 of Article I of the treaty granting to the Republic of Colombia free passage through the Panama Canal for its troops, materials of war and ships of war, shall not apply in case of war between the Republic of Colom- bia and any other country.