ient for our interests to accept arbitration in the manner provided for by the treaty, decided the Government to agree on the terms of article 9. This article leaves our territorial rights perfectly assured over the splendid region drained by the Atrato and its tributaries, a region which is undoubtedly one of the most valuable of the territory of Colombia. Further, the constitution of the tribunal of arbitration, immediately after the ratification of the treaty and the brief periods fixed for the reaching of the decision, still further guarantees us, if it is necessary, that no disagreeable questions will remain to be resolved in the future between the two Republics. Article 7 of the treaty, which provides that neither of the two Republics shall admit to form part of its nationality any part of the territory of the other which may be separated by force, embodies a prohibition which it would be very desirable to be adopted as a principle of American international law. You will permit me, in conclusion, and as a supplement to the succinct analysis which I have just made of the two treaties, to say something to you in regard to their negotiation as a whole. There have been those who believe that the question originating in the session of Panama is to be carefully kept alive by us as a heritage hereafter to be converted into an inexhaustive mine of various benefits for Colombia. It was said that we ought to leave to time and its evolutions and its possibilities the arrangement of the break of November 3, 1903. The Government, on the contrary, believed that the protection of the great interests of the Republic which the Constitution had intrusted to it required it to seek a prompt solution of the important problems whose gravity would not diminish by delaying their solution. Isolation is perhaps possible between two widely separated countries, but it is not admissible for two neighboring peoples, between whom exists in fact a daily interchange which in our own interests ought to be normalized. Communion between the peoples of the world is to-day so intimate on account of the bonds which the development of civilization has created that it is not now possible, as it was formerly, to adjourn indefinitely the arrangement of situations arising from facts. International history during the last decades shows this clearly to us, and it would be in vain for us to undertake to be blind to the lessons of history and to refuse to recognize its philosophy by opposing to the universal acquiescence of the nations of the world a stubborn negative which would injure our own interests. The first thing to do is, without any delay, to trace between the fragment of territory which has been segregated from our fatherland and the territory that remains to us the line which will indicate the boundary that can not be crossed without once again attacking our sovereignty. In view of the kind of territorial guaranty that the Republic of the United States has given Panama, no Colombian can disguise from himself the advisability of knowing immediately just how far this guarantee extends. The feeling in favor of our rights which at first seemed to appear among some North American thinkers and which was the origin of a pleasant hope did not increase at all. The dignified though warm appeal made by the Chief Magistrate of Colombia, the enlightened Marroquín, in his telegram of November 3, 1903, to the President of the Senate in Washington, when he said: "In behalf of justice, Colombia appeals to the dignity and honor of the American Senate and people," remains to this day without any echo, and the verdict of the American people has rather confirmed than condemned the international policy of their Government. Why, therefore, adjourn the matter if adjournment up to now has in no way bettered our painful situation? When the Herran-Hay treaty was presented in 1903 in the Colombian Senate, the hall of the legislature resounded with the eloquent voice of Colombian patriotism that saw in this treaty a manifest attack on our Constitution and on the most important attributes of our sovereignty. There have been few times in the course of our national life when parliamentary debates have been inspired by such a sacred fire, and very few times when what was loyally believed to be the defense of national interests honor was defended in our tribune with greater heat. History will tell whether the Senators of 1903 were or were not mistaken, but it will always show that their purposes were high and their patriotism pure. Frangi, non flecti, was their motto. We who as governors or legislators are to-day about to put an end to this. vitally important litigation, perhaps would have also placed our austere negative on the pan of the balance in view of the problem and the circumstances of that time, even though we may have feared that the shock of such a negative with the great interests that were already interested in our Isthmus, might have destroyed our sovereignty there. Let us render this tribute of justice to the Senate of 1903 and hope that posterity will likewise do so. It will be for that same posterity, it will be for time with what we call its surprises and which really are nothing except the logical consequences of historical fact, to say whether the shock that then broke the territory of the nation, and-something far worse that broke the profoundest and most delicate national Colombian feelings, was nothing more than the first of the shocks which perhaps will take place between nations, between continents, between civili- · zations, even there amidst those same seas to whose borders Bolíver once summoned the nations to unite themselves around the fecund standard of law and peace. February 5, 1900, the date of the HayPauncefote treaty, which replaced the Clayton-Bulwer treaty, and the 3d of November, 1903, the date of the secession of Panama, are perhaps nothing more than the initial dates of a new and vitally important chapter in the history of humanity. Following out its marvelous purposes, Providence reaches its serene solution of the most arduous problems of nations as well as individuals; from evil it derives good, as it extracts as from the germs of to-day's dissolution the life of to-morrow. The profound emotion that convulsed the Colombian people, Government, and Congress in 1903, has become less and less before the unscaleable wall of accomplished and accepted facts; the problem has been resolved by the joint action of inevitable causes; the painful alternative which the Senate of 1903 had before it, already does not exist for you, and I do not believe I am mistaken in saying that the very Senators of 1903, were they to-day in your chairs, would give their approval to the treaties I am submitting to you. Such approval has, with complete realization of his responsibility, been given by the author of the memorial of complaints, who is to-day President of the Republic. Feeling upon himself all the weight of duty in these solemn moments, he may recall the words of Thiers when the latter, finding it necessary to temper by the serene calm of the negotiator the indignant speech of the orator protesting against the dismemberment of France, exclaimed: "I would have believed that Providence might have spared me the performance of such a painful duty." Honorable deputies, the Executive trusts the serenity of your high opinion, and through me presents you the accompanying drafts of laws ratifying the treaties. FRANCISCO JOSE URRUTIA. BOGOTA, February 22, 1909. Minister Dawson to Secretary of State. [Telegram.] AMERICAN LEGATION, Colombian minister at Washington has already telegraphed ratification by the Senate of the United States. Opposition developing. The enemies (?) of the President attacking the assembly, demanding elected congress and the amendment Jurado (?) clause. Ratification is certain unless Reyes weakens. Final vote, it is hoped, by Friday. Minister Dawson to Secretary of State. [Telegram.] DAWSON. AMERICAN LEGATION, March 10, 6 p. m. Student demonstrations against the treaties yesterday. The President of Colombia has issued a decree to-day confiding maintenance order to minister of war. Motion to postpone consideration of the treaties has been defeated, 40 to 6. DAWSON. Minister Dawson to Secretary of State. [Telegram.] AMERICAN LEGATION, Bogota, March 14, 1909. March 14, 12 noon. José Holguin assumed presidency 13th. AntiReyes street riots all day and all night. Holguin postponed indefinitely consideration of the treaties. Reyes reassumed presidency morning of 14th; Vasquez Cobo, minister of war. State of siege declared in Bogota. Nicholas Perdomo commanding troops. Artillery in plaza. Rumors disturbances in the Provinces. Civil war possible. At the present moment city quiet. DAWSON. Secretary Knox to American Minister at Bogota. [Telegram.] DEPARTMENT OF STATE. Washington, March 15, 1909. Continue to report by telegraph. It would be deplorable if this outbreak should disturb the ratification of the treaties. No. 52.] Colombian Minister to Secretary Knox. ΚΝΟΧ. LEGATION OF COLOMBIA, SIR: Referring to the ratification by Colombia of the treaties concluded with the United States of America and Panama, I beg to inform your excellency as follows: On the 8th instant I had a cable from Bogota stating that the treaties should be presented immediately to the National Assembly, with a very elaborate report from the committee demanding their immediate ratification without modification. The cable added that the Government expected the treaties should be approved by the unanimous vote of the Assembly. I did not hear anything else until the evening of the 14th instant, when I received a cable stating that the Government had decided, in view of numerous manifestations of public opinion in the country, to suspend the consideration of the treaties by the National Assembly and submit them to a new-elected Congress, that should be called for immediately. The cable adds that the Government expected by this process to obtain a more solemn approval of the whole nation. There was a strong opinion in favor of the treaties, and the Government were exercising their best endeavors, feeling confident that they should be approved. The Government desires to inform you of the contents of this cable. On receiving this cable I felt very uneasy and became sure that something had taken place which had altered the course of the business as I had been previously advised. I immediately cabled, demanding explanation, expressing my regret at the change advised, and urging for an immediate answer. On the following day, yesterday, the secretary of the legation called on Mr. Wilson to inquire if you had-any news. Mr. Wilson was good enough to give us a copy of the cable you had received. It appeared evident that my surmise was correct, and that something serious had happened. So far I have received no further news which I am expecting instantly. I beg, however, to call your attention to the fact, which is apparent by the contents of the cables mentioned, that the Government continues strenuously to bring about the final approval of the treaties, assuming energetic action on the matter in a loyal and straightforward manner. I am expecting further developments; meanwhile my opinion is that although a little later than was anticipated the treaties will be approved without any modification whatever. I have the honor to present to your excellency the assurance of my highest consideration. Hon. PHILANDER C. KNOX, ENRIQUE CORTES. Secretary of State, State Department. Minister Dawson to Secretary of State. [Telegram.] AMERICAN LEGATION, March 16-5 p. m. City continues quiet. No confirmation Saturday's rumors provincial disturbances. The assembly meeting daily. Has not acted upon Holguin's attempted postponement treaties. President of Colombia just announced to the diplomatic corps that he has determined to remain as such and that the assembly would reject his resignation. The agitation against the treaties dying down. I am still hopeful ratification. Secretary Knox to Minister Dawson. [Telegram.] DEPARTMENT OF STATE, DAWSON. Washington, March 17, 1909. Date. Your telegram of March 16, 5 p. m., received. You may informally express to President Reyes our cordial sympathy and our confidence that he will do all possible to bring about the approval of the treaties, and thus consummate the good relationship we so earnestly desire. Minister Dawson to Secretary Knox. [Telegram.] AMERICAN LEGATION, KNOX. Bogota (undated) (Received Mar. 18, 1909). It is important, and perhaps decisive for ratification, that the Panama minister and the Colombian minister exchange notes defining limits of Jurado. Opposition is also laying stress on ambiguity sixth article of the treaty with the United States, caused by placing the comma after "Refucio" instead of "Comercio." Minister for foreign affairs of Colombia requests me to ask authorization to hold myself in readiness to write a note saying that use conceded is understood to be only as that right of refuge recognized by international law, to be subject to the usages established by international law with regard to right of refuge, and not as involving any breach of Colombian sovereignty over her ports. DAWSON. |