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Mr. Beaupré to Mr. Hay.

[Telegram.]

LEGATION OF THE UNITED STATES,

Bogotá, November 11, 1903. (Received November 14.)

The situation here under control, but how long this will continue is uncertain, as there is intense feeling against the Government. There is also a bitter feeling against the United States because of the belief that the Government of the United States has encouraged the secession movement, and of the statement of telegram received by the Government to the effect that the United States forces interfered with Colombian troops under General Tobar at Colon, necessitating their surrender.

An army ten thousand strong being raised here, and one of five thousand in the Cauca to operate against Panama, commanded by General Reyes, provided the United States will allow Colombia to land troops.

A meeting was held under the leadership of Senator Caro, and a resolution was passed requesting the Government to call a convention for the purpose of amending the constitution in order to render possible immediate ratification of the treaty. This is opposed by the Government and General Reyes as being inopportune.

Mr. Hay to Mr. Beaupré.

[Telegram.]

BEAUPRÉ.

DEPARTMENT OF STATE,
(Sent 12.12 p. m.)

Washington, November 11, 1903.

Earnestly desiring an amicable solution of matters at issue between Colombia and Panama, we have instructed our consul general at Panama to use good offices to secure for General Reyes a courteous reception and considerate hearing. It is not thought desirable to permit landing of Colombina troops on Isthmus, as such a course would precipitate civil war and disturb for an indefinite period the free transit which we are pledged to protect. I telegraphed you on November 6 that we had entered into relations with the provisional government.

HAY.

Mr. Beaupré to Mr. Hay.

[Telegram.]

LEGATION OF THE UNITED STATES,

Bogotá, November 12, 1903. (Received November 14.)

I was invited to the palace last night to confer with the President and his cabinet, and communicated the substance of your telegram of the 6th in the form of a note to the minister of foreign affairs. I was asked if I would officially construe the last clause to mean the United States would not permit the landing of Colombian troops. I replied my opinion is that the language used needs no interpretation;

that I had fulfilled my official duty in delivering the note and had no explanation to make. The President then enjoined secrecy upon those present until direct answer has been received to the two questions of the minister for foreign affairs contained in my telegram of the 7th. There is consternation in Government circles, and I fear serious trouble when the public is informed of the real situation. I believe there is much danger, not only to the Government, but also to Americans in the interior, especially in Bogota.

Mr. Beaupré to Mr. Hay.

[Telegram.]

BEAUPRÉ.

UNITED STATES LEGATION,

Bogotá, November 14, 1903. (Received November 17.) In an official note, dated 14th, minister for foreign affairs writes me as follows:

The immediate recognition of the so-called Government of Panama by the Government of the United States entering into relations with it is a circumstance aggravated by the fact that such recognition is a violation of the treaty of 1846, which compels the Government of Colombia to protest, as it does in most solemn and emphatic manner, and to consider that the friendship of this Government with the Government of the United States has reached such a grave point that it is not possible to continue diplomatic relations unless the Government of the United Statee that it is not its intention to interfere with Colombia in obtaining submission of the Isthmus nor to recognize the rebels as belligerents. I hope you will submit these points to your Government immediately, for the army is already marching to the Isthmus of Panama.

The note is very long, to the effect that this recognition is contrary to all precedents and in violation of the treaty of 1846, offering to submit the latter point to The Hague, with the understanding that in the meantime there shall be no interference with the military operations necessary to reestablish integrity of Colombia.

National council especially elected to advise the Executive in the present emergency-has decided, by 10 votes to 1, to hand me my passport. The Government understands that such action would be tantamount to a declaration of war, and has advised me such a step will not be taken. Send instructions as a guide in case of severance of diplomatic relations.

Mr. Beaupré to Mr. Hay.

[Telegram.]

BEAUPRÉ.

UNITED STATES LEGATION,

Bogotá, November 17, 1903. (Received November 19.) Minister for foreign affairs sends another note, requesting that I transmit by cable an abstract, as follows:

As the Government of the United States does not definitely state that it will oppose landing of Colombian troops, but will secure hearing for General Reyes, it may be supposed its purpose is to bring about peace in Colombia and Panama, to the end that the latter shall

renounce independence and thus avoid armed action otherwise inevitable. If this is the intention of the United States, Colombia will accept, provided territorial rights of Colombia on the Isthmus are not prejudiced. Maintenance of order falls to the power holding sovereignty, which the United States has heretofore recognized. Accordingly, it is an inadmissible theory that the United States should now permit or aid dismemberment of Colombia merely to prevent temporary disturbance of the transit. Colombia has for fifty years. maintained free transit, but she can not be asked to carry this to the extent of agreeing to the loss of precious territory simply from fear some interruption of transit may occur. Sovereignty of nations may not be destroyed for the purpose of avoiding transitory prejudice to commerce-an argument as to the effect of the existing treaty, and that civilization will suffer more by the violation of a public treaty than a temporary interruption of traffic. The most efficient means the United States could employ to prevent interruption of transit would be to notify rebels to abstain from obstructing Colombian Government in reestablishing order and constitutional rule. This is demanded of the United States by treaty. If the United States troops have been used to disarm Colombian army it is in subversion of national sovereignty and contrary to the treaty. BEAUPRÉ.

Mr. Hay to Mr. Beaupré,

[Telegram.]

DEPARTMENT OF STATE, Washington, November 18, 1903. You will once more inform Colombian Government that we have recognized the Republic of Panama; that our action has been taken in the interest of peace and order on the Isthmus; that we earnestly desire an amicable settlement of questions at issue between Colombia and Panama, and would gladly render what services are in our power to that end.

I repeat that you and the secretary of legation are authorized to take your leave of absence whenever you think best, requesting one of your colleagues to take charge of your legation. if both of you come away.

HAY.

No. 14.

PRESIDENT'S MESSAGE GIVING CORRESPONDENCE SHOWING RELATIONS BETWEEN THE UNITED STATES, COLOMBIA, AND PANAMA.

[Senate Document No. 95, Fifty-eighth Congress, second session.]

RELATIONS OF THE UNITED STATES WITH COLOMBIA AND THE REPUBLIC OF PANAMA.

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A REPORT FROM THE SECRETARY OF STATE COVERING COPIES OF ADDITIONAL PAPERS BEARING UPON THE RELATIONS OF THE UNITED STATES WITH COLOMBIA AND THE REPUBLIC OF PANAMA,

[January 18, 1904: Read; ordered to lie on the table and to be printed.]

To the Senate and House of Representatives:

I transmit herewith for the information of the Congress a report from the Secretary of State covering copies of additional papers bearing upon the relations of the United States with Colombia and the Republic of Panama.

WHITE HOUSE, January 18, 1904.

THEODORE ROOSEVELT.

The PRESIDENT:

In continuation of the papers previously submitted, the undersigned Secretary of State has the honor to lay before the President additional correspondence touching the relations of the United States. with Colombia and Panama.

Respectfully submitted.

DEPARTMENT OF STATE,

Washington, January 16, 1904.

JOHN HAY.

List of papers.

General Reyes to Mr. Hay, December 23, 1903.
Mr. Hay to General Reyes. January 5, 1904.
General Reyes to Mr. Hay, January 6, 1904.
Mr. Hay to General Reyes, January 9, 1904.
General Reyes to Mr. Hay, January 11, 1904.
Mr. Hay to General Reyes, January 13, 1904.
Mr. Buchanan to Mr. Hay, No. 4, December 25, 1903.
Mr. Buchanan to Mr. Hay, No. 6, December 27, 1903.
Mr. Buchanan to Mr. Hay, No. 7, December 28, 1903.
Mr. Buchanan to Mr. Hay. No. 9, December 28, 1903.
Gaceta Official of Panama, December 12, 14, and 16, 1903.)
Mr. Bunau-Varilla to Mr. Hay, January 6, 1904.

(Translations from

[Translation.]

General Reyes to Mr. Hay.

LEGATION OF COLOMBIA, ON SPECIAL MISSION,
Washington, December 23, 1903.

MOST EXCELLENT SIR: I have the honor to append to this note a statement of grievances that Colombia wishes to submit to the consideration of your excellency. Its presentation was deferred by reason of the condition of your excellency's health, and I beg that you will put off the consideration of this note until your excellency may be able to give your personal attention to its examination.

If, after so doing, your excellency should wish to have an interview with me, I shall have the honor of calling on you at such place and time as your excellency may be pleased to designate.

With sentiments of the highest consideration and regard, I have the honor to subscribe myself your excellency's very obedient and faithful servant,

Hon. JOHN HAY,

Secretary of State.

RAFAEL REYES.

General Reyes to Mr. Hay.

LEGATION OF COLOMBIA, ON SPECIAL MISSION,

Washington, December 23, 1903.

MOST EXCELLENT SIR: The Government and people of Colombia consider themselves aggrieved by that of the United States in that they are convinced that the course followed by its administration, in relation to the events that have developed and recently been accomplished at Panama, have worked deep injury to their interests.

If the matter were one of little importance, even though right were wholly on its side, my Government would not hesitate in yielding some of its advantages out of regard for the friendly relations which have happily existed without interruption between the two countries. But as the facts that have taken place affect not only valuable and valued interests, but also the independence and sovereignty of Colombia, my Government deems it its duty to remind that of the United States of the stipulation contained in section 5 of article 35 of the treaty of 1846, in force between the two countries, which reads word for word as follows:

If, unfortunately, any of the articles contained in this treaty should be violated or infringed in any way whatever, it is expressly stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other in complaints of injuries or damages, until the said party considering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of international right.

On formulating the statement of "injuries and damages," referred to in the quoted abstract, there is nothing as natural or just as to recall to mind that in the treaty concluded on the 22d of January of

42112-S. Doc. 474, 63-2-31

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