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Mr. Adee to Mr. Beaupré.

[Telegram.]

DEPARTMENT OF STATE,

Washington, August 19, 1903.

A telegram from consul at Colon communicates a telegram in Spanish, dated August 5, saying no cable received since July 13. Department of State telegraphed you on July 13, 24, 29, 31, August 10, 13, and 15, and has received telegrams from you dated July 15, five dated August 5, one August 6, 10, and 12. Have you received Department's messages? If not, protest against interference with your official communications which are entitled to privilege.

ADEE, Acting.

Mr. Hay to Mr. Beaupré.

[Telegram.]

DEPARTMENT OF STATE,
Washington, August 24, 1903.

The President will make no engagement as to his action on the canal matter, but I regard it as improbable that any. definite action will be taken within two weeks.

HAY.

Mr. Beaupré to Mr. Hay.

[Telegram.]

UNITED STATES LEGATION,

Bogotá, August 24, 1903. (Received 28.)

August 24, 11 a. m. Nothing has been done, and very little satisfactory action, this depending upon the attitude of the Government of the United States, which is waited for in great anxiety. The report of the committee prepared. Have received telegram of 13th; none later.

BEAUPRÉ.

No. 115.]

Mr. Beaupré to Secretary of State.

LEGATION OF THE UNITED STATES,
Bogotá, August 24, 1903.

SIR: Referring to the Department's No. 23 of July 21, 1903, I have the honor to inclose herewith two copies of the decree of Vice-President Maroquin calling the session of Congress to consider the canal treaty, and two copies of the sections of the constitution referred to in said decree as requested by the Hon. John T. Morgan.

I might add that the constitution of Colombia is to be found at page 179 of Foreign Relations for 1886.

I am, sir, your obedient servant,

A. M. BEAUPRÉ.

[Inclosure in 115.]

EXTRACTS FROM CONSTITUTION.

ARTICLE 72. Congress shall assemble in extraordinary session when summoned by the Government. It shall, in such sessions, consider only such business as is specially submitted by the Government for its consideration.

Paragraph 2 of article 118. To convene Congress in extraordinary sessions for serious reasons of public convenience and after previous consultation with the council of state.

The preamble of article 118 reads: "The President of the Republic shall exercise the following powers in relation to the legislative department."

August 26, 7 a. m.

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Have received telegram 19th. Have not received Department's messages of July 24, 29, and August 15, which is most unfortunate, for the situation is grave, and much depends upon your

attitude.

Will protest.

BEAUPRÉ.

Mr. Hay to Mr. Beaupré.

[Telegram.]

DEPARTMENT OF STATE,

Washington, August 29, 1903.

The President is bound by the Isthmian Canal statute, commonly called the Spooner law. By its provisions he is given a reasonable time to arrange a satisfactory treaty with Colombia. When, in his judgment, the reasonable time has expired and he has not been able to make a satisfactory arrangement as to the Panama route, he will then proceed to carry into effect the alternative of the statute. Meantime the President will enter into no engagement restraining his freedom of action under the statute.

HAY.

Mr. Beaupré to Mr. Hay.

[Telegram.]

UNITED STATES LEGATION,

Bogotá, August 29, 1903. (Received September 4.)

August 29, 12 m. I have not yet received any messages from the Department concerning the rejection of the treaty nor those mentioned in my telegram of the 26th. The committee has not yet reported, and the prospects of satisfactory report are not good.

BEAUPRÉ.

Mr. Beaupré to Mr. Hay.

BOGOTÁ, August 30, 1903.
(Received September 12.)

August 30, 8 a. m. Confidential. I am informed authoritatively that to assure the election of Reyes, Marroquín has already changed the governors of Bolivar, Magdalena, and Panama, nominating, respectively, Insignares, Barrios, and Senator Obaldía. All pledged to the treaty and to Reyes.

Mr. Beaupré to Mr. Hay.

[Telegram.]

BEAUPRÉ.

UNITED STATES LEGATION,

Bogotá, August 31, 1903. (Received September 5.)

August 31, 1903, 2 p. m. I had an interview with Senator Ospina to-day. He informed me that he is willing to remain so long as there is hope for the treaty, but he is convinced that there is none, and will leave, therefore, on the 6th proximo. Confirms General Reyes statement concerning presidential candidate, and says that the next Senate was made certain for the treaty; that he bears instructions to Governors Signares and Barrios concerning the elections which will be held next December; that in accepting governorship of Panama he told the President that in case that the department found it necessary to revolt to secure canal, he would stand by Panama; but he added if the Government of the United States will wait for the next session of Congress canal can be secured without a revolution. Senator Campo, from the Cauca, is about to leave, thinking the treaty gone.

Confidential. My opinion is that nothing satisfactory can be expected from this Congress. Caro's party has been joined by Velez and Soto and their followers, constituting a decisive majority against the treaty. General Reyes seems to still entertain hopes.

Mr. Beaupré to Mr. Hay.

[Telegram.]

BEAUPRÉ.

UNITED STATES LEGATION,
Bogotá, September 1, 1903.

(Received through German embassy September 5.)

Have not received Department's messages, while others of late date for various legations have arrived. I have sent important telegrams 30 and 31. On receiving, answer by German minister.

Mr. Beaupré to Mr. Hay.

[Telegram.]

BEAUPRÉ.

UNITED STATES LEGATION,

Bogotá, September 2, 1903. (Received September 6.)

Have received your telegram 24.

BEAUPRÉ.

Mr. Beaupré to Mr. Hay.

[Telegram.]

UNITED STATES LEGATION,

Bogotá, September 5. (Received September 11, 10.10 p. m.) September 5. Have received telegram 29. The committee have reported a law which approves rejection of the treaty; authorizes the President to conclude treaties for Panama canal or contract for same with private parties, subject to rights of companies; railroad company permitted to transfer, purchaser assuming all obligations, including annual payments of $250,000 and transfer of property to Colombia in 1967; canal company permitted to transfer on payment to Columbia of $10,000,000; the President authorized to make following concessions: Lease of zone for one hundred years, not including Panama or Colon; annual rent $150,000 until 1967; lease renewing every hundred years on payment of 25 per cent increase; neutrality of canal and the recognition of Colombian sovereignty over the whole territory and inhabitants; mixed tribunals only; police and sanitary commissions Colombian only; excluded from zone; time limit for completion of works; Colombia to receive from contracting Government $20,000,000 on the ratifications of the treaty; fixing regulations concerning purchase of private company.

It is now highly probable even this may not be accepted by the Senate. In any event nothing more satisfactory may be expected from this Congress. The debates will begin next Monday.

BEAUPRÉ.

Mr. Beaupré to Mr. Hay.

No. 129.]

LEGATION OF THE UNITED STATES,
Bogotá, September 5, 1903.

SIR: I have the honor to report that since the appointment of the joint congressional committee to consider the canal matter nothing was done until the committee made its report on the 4th instant. I cabled the substance of that report, and should there seem any prospect of its passing I will send it in full.

As the situation seems at present, it is not likely to pass. The first debate in the Senate will commence on the 7th instant, and the question may be settled during the week.

I think my previous reports have given the Department a very good idea of the situation, but there are some phases of it which I should like to discuss personally when I next visit the United States. This will be in March of next year, I think, if I can get the Department's permission, and circumstances admit of it.

The impressions which I set forth in my No. 6 of April 15, 1903, that there would be an attempt to secure greater concessions from the United States before a canal treaty would be ratified, are now confirmed. It is quite probable that the Government originally intended that a treaty of some sort should be passed, but apparently not the one under consideration in its entirety.

If in the earlier days of Congress, when the Government had a majority in the Senate, the United States or the canal company could

have been induced to add $10,000,000 or $15,000,000 to the recompense to be received by Colombia, I believe the treaty would have been ratified; but lately the tide of opposition has set in so strongly that it has seemed beyond control.

The public discussion which the Government invited has not only overwhelmed the treaty, but has been immensely disastrous to the Government itself. It has not been a discussion in fact, but a rivalry among the newspapers as to which could produce the most violent and bitter attacks upon the whole negotiation. The only articles which have appeared in defense of the treaty were written by Mr. J. T. Ford and Mr. Enrique Cortez. These were answered by personal attacks upon the writers. Mr. Ford was accused of desiring the passage of the treaty in order to secure the payment of the claims of his companies. I must give Mr. Ford the credit of working for the treaty to the utmost of his ability during the three months that he remained at this capital.

Some of the newspapers are now urging that by threats and intimidation a powerful nation has been trying to coerce the acceptance of an unconstitutional and unsatisfactory treaty upon a weak one, but that through the loyalty of its legislators Colombia has emerged from the ordeal with unstained honor.

With respect to the assurances from certain quarters that the next Congress would be made up so that the canal treaty may be ratified, I believe that this must be taken with due allowance. That any one in authority here has any intention of securing the ratification of the treaty in its present form I can not believe. They will insist upon more money and other modifications.

It is now understood that the vice-president will close this Congress on the 20th instant, so that little consideration can be given to the important questions before it. I believe a law concerning foreign claims will be passed. It is said that in this the Government will distinctly refuse to recognize its responsibility for damages occasioned by the revolutionists.

I am, sir, your obedient servant,

A. M. BEAUPRÉ.

Mr. Beaupré to Mr. Hay.

[Telegram.]

UNITED STATES LEGATION,

Bogotá, September 10, 1903. (Received September 12.)

Since the report of the canal committee the question has not been discussed in the Senate. First consideration of the report postponed until 14th instant. Fierce attack to-day in the Senate upon the appointment of Obaldía as governor of Panama. The appointment is regarded as being the forerunner of separation. Of several Senators who spoke only the son of the President defended the action of the Government. A resolution passed by almost unanimous vote, which is equivalent vote of censure against the Government. The situation is not improved. There is no prospect of satisfactory action.

BEAUPRÉ.

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