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and, providing themselves with the necessary resources, assume the personal powers required for putting an end to the anarchy reigning. The Vice-President has chosen rather to abide by the provisions laid down by the constitution. He had, therefore, issued the writs for elections for Congress, and declared public order restored.

In calling this extraordinary Congress he had hoped for the loyal cooperation of the legislature in aiding the Executive to restore the state of affairs of the Republic to a normal condition. The legislative body had now terminated its labors and it will be for the country to judge impartially both its work and that of the Executive. No one is ignorant of the causes which have rendered this session of Congress only partially fruitful. The disorder reigning between the two chambers has impeded the carrying out of much necessary work. The Executive, while loyally aided by the majority in the Chamber of Representatives, found its work thwarted by the hostility of the majority of the Senators.

The question of almost unique importance, which decided the calling of a special Congress, was that of the construction of an interoceanic canal, to wit, the Hay-Herran treaty. The Senate, after debates in which too much prominence was given to its feeling of hostility toward the Chief of the Government, rejected that treaty. A committee was then appointed to consider on what bases the aspirations of the Colombian people for the construction of an interoceanic waterway could best be satisfied. As the deliberations of the committee were productive of no result, a project of law was presented to the Senate by its committee, ratifying the rejection of the treaty and granting authorization to the Executive for the opening of this waterway. This project was approved on the first reading, and was then referred to a new committee. The committee reported against this project of law, and suggested the suspension of its consideration and raised the question as to the validity of the extension of time granted to the New Panama Canal Company in 1900. The Senate resolved to adopt part of the suggestions of the committee, and indefinitely suspended consideration of the projected law of authorization. Congress has, therefore, amply discussed and definitely decided upon the question which formed the principal motive of its convocation, that of the treaty respecting the construction of an interoceanic canal.

The opening of a canal is, however, a matter of vital interest to the Republic, and especially to the Department of Panama. The Colombian chargé d'affaires at Washington has, therefore, been instructed to inform the United States Government that new negotiations would be set on foot on bases which it was believed would be acceptable to the next Congress. In that case, if the North American Government persists in its proposal to open the canal, which it is to be presumed it does, as neither by word nor by act has anything to the contrary been done, it is to be hoped that the great work will finally be carried out through Colombian territory.

The Vice-President then refers to the character of the Congress which was convoked. The sessions were extraordinary, not ordinary sessions. He was, therefore, constitutionally in his right in limiting the Congress to the consideration of certain matters of vital imporHe showed, however, a generous latitude in this matter, giving to their consideration even such questions as those concerning the legislative decrees issued by the Government during the war-questions

tance.

which, strictly speaking, belong to the domain of an ordinary Congress. The Senate, however, chose to take an unconstitutional attitude, and assume the character of a body called together in ordinary session, and treated the questions submitted not from the point of view of the national welfare, but to make political capital of its attitude toward the Chief Executive. Fortunately the patriotic spirit shown by the majority of the Chamber of Representatives, in conjunction with the minority of the Senate, helped to some extent to counteract the evil influence which the systematic opposition of one part of the legislative body was trying to exert.

The Vice-President then goes on to deal with the constitutional powers of the Executive in its relations to the legislative body. Since the constitution of 1863, it has been decided that the ordinary Congress has one hundred and twenty days alloted for its sessions; but an extraordinary Congress is called for the consideration of certain special matters, and the duration of its session is at the discretion of the Executive. To support this statement, various precedents are quoted. The honorable Chamber of Representatives, in its session of October 2, resolved that twenty days more would suffice for it to finish the work entrusted to its consideration. The Executive, so as not to feel that it was restricting the time of the legislature, added eleven days to the specified twenty. If the labor of the present legislative body be carefully compared with that of its predecessors it will be clear that the one hundred and thirty-four days which the legislature has had for its deliberations was not merely time strictly necessary, but more than ample to dispose of the matters submitted to its consideration. Its work would have been more beneficial if it had not wasted a large part of this time in fruitless debates.

The Vice-President expresses the hope that the ordinary Congress, which is to unite in a little over eight months, will be able to fitly dispose of the questions which the late Congress has left undone.

The hostile attitude of some members of Congress has raised a certain spirit of unrest and agitation. Nevertheless, peace and the stability of constitutional rule has been maintained. There is, therefore, reason to hope that the forthcoming elections will not be the cause of agitation, and that their result may be the genuine expression of the will of the people, the carrying out of which is assured by the laws, and will be respected by the Government.

The manifesto is signed by the Vice-President and all the members of his cabinet.

I am, sir, your obedient servant,

Mr. Beaupré to Mr. Hay.

[Telegram.]

A. M. BEAUPRÉ.

BOGOTÁ, November 4, 1903. (Received November 6, 1903, 5 p. m.) Fourth, 5 p. m. Confidential. I have been shown telegram from reliable source in Panama to the effect that Isthmus is preparing for secession and that proclamation of independence may be expected The particulars carefully guarded. Reliable information hard

soon.

to obtain. This Government is evidently alarmed and troops are being sent to Isthmus. Repeat telegrams of importance from United States consul-general. His telegrams to me may be interfered with.

BEAUPRÉ.

Mr. Beaupré to Mr. Hay.

[Telegram.]

UNITED STATES LEGATION,
Bogotá, November 6, 1903.

(Received November 8, 11.05 p. m.)

November 6, 6 p. m. Knowing that the revolution has already commenced in Panama, General Reyes says that if the Government of the United States will land troops to preserve Colombian sovereignty and the transit, if requested by the Colombian chargé d'affaires, thisGovernment will declare martial law, and by virtue of vested constitu- i tional authority, when public order is disturbed, will approve by decree the ratification of the canal treaty as signed; or, if the Government of the United States prefers, will call extra session of Congress with new and friendly members next May to approve the treaty. General Reyes has the perfect confidence of Vice-President, he says, and if it becomes necessary will go to the Isthmus or send representatives there to adjust matters along above lines to the satisfaction of the people there. If he goes, he would like to act in harmony with commander of United States forces. This is the personal opinion of Reyes, and he will advise this Government to act accordingly. There is a great reaction of public opinion in favor of the treaty, and it is considered certain that the treaty was not legally rejected by Congress. To-morrow martial law will be declared; 1,000 troops will be sent from the Pacific side; about the same number from the Atlantic side. Please answer by telegraph.

BEAUPRÉ.

Mr. Hay to Mr. Beaupré.

[Telegram.]

DEPARTMENT OF STATE,
Washington, November 6, 1903.

The people of Panama having, by an apparently unanimous movement, dissolved their political connection with the Republic of Colombia and resumed their independence, and having adopted a government of their own, republican in form, with which the Government of the United States of America has entered into relations, the President of the United States, in accordance with the ties of friendship which have so long and so happily existed between the respective nations, most earnestly commends to the Governments of Colombia and of Panama the peaceable and equitable settlement of all questions at issue between them. He holds that he is bound, not merely by treaty

FR 1903-15

obligations, but by the interests of civilization, to see that the peaceable traffic of the world across the Isthmus of Panama shall not longer be disturbed by a constant succession of unnecessary and wasteful civil wars.

HAY.

Mr. Beaupré to Mr. Hay.

[Telegram.]

UNITED STATES LEGATION,

Bogotá, November 7, 1903.

(Received 7.30 p. m. November 10.)

November 7, 2 p. m. General Reyes leaves next Monday for Panama invested with full powers. He has telegraphed chiefs of the insurrection that his mission is to the interests of Isthmus. He wishes answer from you before leaving to the inquiry in my telegram of yesterday and wishes to know if the American commander will be ordered to cooperate with him and with new Panama Government to arrange peace and approval of the canal treaty, which will be accepted on condition that the integrity of Colombia be preserved. He has telegraphed President of Mexico to ask the Government of the United States and all the countries represented at the Pan-American conference to aid Colombia to preserve her integrity. The question of the approval of the treaty mentioned in my telegram of yesterday will be arranged in Panama. He asks that before taking definite action you will await his arrival there, and that the Government of the United States in the meantime preserve the neutrality and transit of the Isthmus and do not recognize the new Government. Great excitement here. Martial law has been declared in the Cauca and Panama. Answer.

BEAUPRÉ.

Mr. Beaupré to Mr. Hay.

[Telegram.]

UNITED STATES LEGATION,

Bogotá, November 7, 1903. (Received November 10, 7.55 p.m.)

As the Government of the United States has war vessels at Panama and Colon, minister for foreign affairs has requested me to ask will you allow Colombian Government to land troops at those ports--to fight there and on the line of railway? Also if the Government of the United States will take action to maintain Colombian right and sovereignty on the Isthmus in accordance with article 35, the treaty of 1846, in case the Colombian Government is entirely unable to suppress the secession movement there?

Mr. Beaupré to Mr. Hay.

[Telegram.]

BOGOTÁ, November 9, 1903. (Received November 11, 12.30 a. m.) November 9, 9 a. m. I am desired to inform you by General Reyes that Gen. Bedronel Ospina and Lucas Cabellero, prominent party leaders, accompany him on his mission.

Very great excitement here. Large crowds paraded streets yesterday, crying "Down with Marroquin. Mass meeting denounced him; called for a change of government. Hundreds gathered at the palace, and their orator, a prominent national general, addressed the President, calling for his resignation. Troops dispersed gathering, wounding several. Martial law is declared here, and the city is being guarded by soldiers. Legation of the United States under strong guard, but apparently no indications of hostile demonstration.

The residence of Lorenzo Marroquin attacked with stones.

Referring to the questions presented by minister for foreign affairs in my telegram of 7th, I have preserved silence, but bear in mind page 578, Foreign Relations, part 3, 1866, and instructions 134 to minister to the United States of Colombia, 1865.

BEAUPRÉ.

[NOTE. For convenience the above-mentioned instruction, No. 134, is reproduced,

No. 131.

TO ALLAN A. BURTON, Esq., etc.,

Bogotá.

as follows:]

DEPARTMENT OF STATE, Washington, November 9, 1865.

SIR: The question which has recently arisen under the thirty-fifth article of the treaty with New Granada, as to the obligation of this Government to comply with a requisition of the President of the United States of Colombia for a force to protect the Isthmus of Panama from invasion by a body of insurgents of that country has been submitted to the consideration of the Attorney-General. His opinion is that neither the text nor the spirit of the stipulation in that article, by which the United States engages to preserve the neutrality of the Isthmus of Panama, imposes an obligation on this Government to comply with a requisition like that referred to. The purpose of the stipulation was to guarantee the Isthmus against seizure or invasion by a foreign power only. It could not have been contemplated that we were to become a party to any civil war in that country by defending the Isthmus against another party. As it may be presumed, however, that our object in entering into such a stipulation was to secure the freedom of transit across the Isthmus, if that freedom should be endangered or obstructed, the employment of force on our part to prevent this would be a question of grave expediency to be determined by circumstances. The Department is not aware that there is yet occasion for a decision upon this point. Your despatches to No. —, inclusive, have been received.

I am, sir, etc.,

WILLIAM H. SEWARD.

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

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