and bia, could not be passed upon in the arbitration which I propose does not have to be decided by us in making a direct settlement, for the sole question is: Did the United States act contrary to the treaty of 1846 or to principles of international law assented to by the United States? I beg of you, therefore, to assure the President and his constitutional advisers that I have not intended to propose that the United States submit its public policy to the decision of any arbitrator, and that you will put out of mind all matters which do not affect the claim which is made by my country or the method proposed for its honorable settlement, either by compensation of Colombia or the arbitration of her claim. Having endeavored to confine myself in this communication to facts about which there is no dispute and which must be considered first by ourselves in arriving at a direct settlement of Colombia's claim, and then by any court of arbitration to which this claim may be referred, if a direct settlement is not made, I trust that you will assist me to clear away all other questions and to bring to the attention of the President and his constitutional advisers only such questions as will promote an honorable settlement of this unhappy contention at the earliest possible moment. In former communications received from the Department of State of the United States, it was stated that the actions of the United States sprang from motives of the friendliest kind toward Colombia, and were taken in order faithfully to perform the duties imposed upon the United States by the treaty of 1846. I note the fact that in your communication it is stated for the first time, on behalf of your Government, that the United States espoused the cause of Panama, the language being: Nor are we willing to permit any arbitrator to determine the political policy of the United States in following its sense of right and justice by espousing the cause of this weak people against the stronger Government of Colombia, which had so long held them in unlawful subjection? As my country must suffer a continuous injury until the United States determines either to compensate Colombia or to arbitrate this claim, and as a considerable time has already elapsed since the events complained of, I take the liberty of expressing the hope that the President and his constitutional advisers will give the earliest possible reconsideration to my country's claim, in the light of the facts and arguments thereon set forth in this communication, and will submit. the same to the Senate and to the House of Representatives of the United States in order that the members of these two honorable bodies may determine the course which it is proper for them to take under existing conditions. After the most painstaking review of the situation I find myself convinced that considerations not only of absolute but of practical justice, as well as of honor and of the general welfare of our two countries, our two continents, and, indeed, of the whole world, call for the compensation of Colombia for her loss or the arbitration of her claim, and I feel confident that the Government of the United States will be glad to accede to one or the other of these honorable proposals, now that all question of casting aspersions upon the honor of the United States has been removed from this correspondence. 59605-FR 1906-28 If the United States does not feel called upon to compensate Colombia without recourse to arbitration, I propose that the questions herein stated be referred to an impartial court of arbitration constituted in accordance with the provisions of the treaty of The Hague, adopted by the United States and by 25 other nations after most careful consideration. But if for any reason the United States would prefer a court of arbitration constituted in any other way, Colombia will consent to any method suggested by the United States which will assure the selection of competent and impartial arbitrators to determine this unhappy contention. With assurances of high personal regard and of liveliest hopes for the success of our mutual efforts for a settlement of this controversy which will be honorable to all parties, I beg to remain, Your Excellency's obedient servant, DIEGO MENDOZA. Minister Barrett to the Secretary of State. [Telegram.-Extract.] AMERICAN LEGATION, Bogota, May 26, 1906. The President of Colombia, inviting me in a private conference, submitted the following, recognizing impracticability any further discussion of arbitration and indemnity over the Panama question, and desiring to take practical steps to settle differences. He pro [Here follow suggestions which are still, December, 1906, the subject of pending negotiations.] The Secretary of State to Minister Barrett. [Telegram.-Extract.] DEPARTMENT OF STATE, Say to President Reyes that I am most favorably impressed by his proposals and shall be glad to undertake negotiation on general lines suggested by him. Minister Barrett to the Secretary of State. ROOT. [Telegram.] AMERICAN LEGATION, The President of Colombia in a private conference says the following: "First, he is much pleased with your answer and says that now begins a new era in friendly relations. ་་ Second, to-day has telegraphed to minister of Colombia at Washington, return at once ostensibly on leave of absence, and will send, on your return, a new minister in sympathy with proposed negotiations,' "Third, Valencia, Pan-American delegate, on arriving at New York will be instructed to call upon and confer with you. "Fourth, desires to know what date do you expect [to] arrive at Panama en route home." Minister Barrett to the Secretary of State. [Telegram.-Paraphrase.] BARRETT. AMERICAN LEGATION, Bogota, June 30, 1906. (Mr. Barrett transmits a request of the President of Colombia that public announcement be made in the United States of the preliminary negotiations initiated in Colombia, and of the contemplated appointment of Señor Enrique Cortes as minister of Colombia on Secretary Root's return from his visit to South American Republics.) No. 119.] Minister Barrett to the Acting Secretary of State. AMERICAN LEGATION, Bogota, July 13, 1906. SIR: I have the honor to report a most important and definite action just taken by a prominent group in the National Commercial Congress, which is now holding its sessions in Bogota, in favor of arranging all pending questions between Colombia on the one hand and the United States and Panama on the other along the lines of negotiations begun by President Reyes and myself. Yesterday, in a full session of this congress, which is representative of the entire Republic, the following delegates, representing the Pacific and Atlantic coast departments of Narino, Cauca, Antioquia, Bolivar, Atlantico, and Magdalena, Messrs. C. Pineres, Oscar A. Noguera, Luciano Herrera, Ricardo Restrepo C., Leonardo Tascon, and J. Gnecco Laborde, submitted the following proposition, which was adopted unanimously by the conference: We, the undersigned, commissioners of commerce, agriculture, and industry from the departments of Narino, Cauca, Antioquia, Bolivar, Atlantico, and Magdalena, which are the departments that have their litorals, some on the Pacific and some on the Atlantic, hereby make known to the Government the necessity of promptly settling in a manner honorable and convenient to Colombia all questions pending with the United States and with Panama, and we ask that this resolution, which has been approved by the minister of foreign affairs, will be therefore considered by the conference. To-day this remarkable action is the subject of general conversation, and is considered as one of the strongest steps that has yet been taken toward framing public sentiment in favor of new treaties. The minister of foreign affairs and myself regard it of such importance that I am cabling you the purport of this action. In the debate over its consideration most kindly references were made to the policies of this legation and to its efforts to promote friendly relations between Colombia and the United States and Panama. I have, etc., JOHN BARRETT. No. 1.] Mr. Koppel to the Secretary of State. AMERICAN LEGATION, Bogota, 20 August, 1906. SIR: I have the honor to inclose herewith printed copy of a circular dated 11 August, 1906, informing the governors of the departments about a resolution passed by the council of ministers with regard to a printed letter signed by the Colombian ex-minister at Washington, Señor Diego Mendoza Perez, published in New York and bearing date of 2 July, 1906. According to this resolution, Señor Mendoza Perez has been declared traitor to his country; and by Resolution 64 of 17 August, 1906, copy of which I also inclose, he has been summoned to appear before the Colombian Government in this city to answer the charges that have caused him to be declared traitor to the country, otherwise his extradition is to be requested. Owing to pressure of time I am unable to send a translation of these articles, and I will not delay them, as they may be of importance to the Department of State. Prefects of Cali, Buga, Cucuta, Ocaña, Palmira, Santander, (Cauca), Velez, Sogamoso, Honda, Magangue, Riohacha, Buenaventura, Tumaco, Pereira, Giradot, Mompos, Corozal, Quibdo Marinilla, Sonson. Alcaldes Peurto Berío, Gamarra, Calamar. I transcribe the following declaration of the cabinet of ministers, unanimously approved in full meeting August 10, 1906: The cabinet of ministers in view of the statement which His Excellency the President of the Republic has just presented to you and the letter printed in New York, dated July 2, 1906, signed by the ex-minister of Colombia in Washington, Señor Diego Mendoza Perez, and considering that by the numerous documents which are in the archives of the presidency of the Republic these things have been confirmed: 1. That about the middle of last year the head of the Government had complete knowledge through repeated warnings that he was to be assassinated, a design which he had reason to believe was conceived by individuals whose interests were being injured by the Government actively following up the falsification of notes, the smuggling of emeralds, licentious acts, and other deeds highly prejudicial to public morality and social order, about all which His Excellency the President opportunely made a private report to the judges of the supreme court of justice and to the attorney general of the nation. 2. That these treasonable designs continued to develop in the succeeding months up to the 19th of December of last year, when the Government, by means of the judicious vigilance which it had exercised, was able to break up with rapidity and without disturbance the conspiracy which was being hatched to overthrow it. 3. That after the frustration of that crime the assassination of the President was again insisted on, and this was carried so far that a band of malefactors was organized to carry it out, as it did on February 10 of the present year, an attempt which put in imminent danger the life of His Excellency the President of the Republic and that of his daughter. 4. That after the conspirators and the authors of the homicidal offense had been delivered to justice and punished for their respective crimes in conformity with the sentences pronounced by competent courts, tranquillity was restored and the Government continued to occupy itself actively with the economic and political reconstruction of the country, destroyed and discredited by the three years' war just over. 5. That things being in this condition the Government had certain information that two or three disloyal sons of Colombia, without considering the opinion of the people, were trying to start a separatist movement, like that of Panama, which if successful would involve the total dissolution of Colombia, for which the traitors were soliciting the support of some foreign power and of Panama. In order to avert such great evils the Government took excessive measures involving energy and prudence both within and without the country, and succeeded in averting the very great danger which was threatening it, without neglecting internal matters of vital importance for the development of the nation. To-day that grave danger has entirely disappeared, owing to the attitude which the Government of the United States has assumed. 6. That the settlement of the questions pending with the United States and Panama being urgent, in order to avoid greater ills, the Government decided to send a special mission to the American Government to negotiate it, and which at the same time that it saved the national honor, omitting pecuniary profits, would put an end to the difficulties of the country, and especially of those districts on the coast of the Atlantic and the Pacific which had arisen from the separation of Panama. That mission was faithfully confided to the citizen who was retiring as minister of foreign affairs, Don Enrique Cortes, who found himself obliged to resign his post, and to Señor Diego Mendoza Perez, in whose loyalty and enlightenment the President of the Republic trusted. 7. That the Government having had certain informatoin that its representative in Washington, Señor Mendoza Perez, through lack of judgment and discretion was not carrying out the instructions received, decided to recall him to this capital and again to entrust Señor Cortes with the diplomatic negotiations, being convinced of his learning and efficiency, who accepted that mission. 8. That this proceeding, adopted by the Government according to the right given by the laws and in the endeavor to avert the great ills which were threatening the country, led Dr. Diego Mendoza Perez, instead of conforming to the instructions which had been given him by the minister of foreign affairs to return to this city, as he was ordered, to abuse his diplomatic character by making public in a foreign country and with injury to the interests of Colombia, acts, by their nature confidential in accordance with the practice of public international law, and slanderous charges. 9. That in accordance with ordinal 4 of article 20 of the Colombian penal code "diplomatic agents of Colombia who commit any crime in a foreign country, and any other employees of the Government in a foreign country who commit any act of disobedience or disloyalty to the same government, or any crime during the exercise of their functions, shall be punished according to this code. 10. That in accordance with article 159 of the said code, acts, counsels, or machinations contributing to cause any injury to the nation shall be qualified as treason to the country. 11. That in the publication previously mentioned, which has circulated widely throughout the country, not only is rebellion instigated, but even the assassination of the President of the Republic. The Cabinet of Ministers declares that in its opinion Señor Diego Mendoza Perez, ex-diplomatic minister of Colombia in the United States, by making the publication as a letter of what has before been mentioned, has been included in the denomination of traitor to the country, described by article 159 of the penal code. That in its opinion both Señor Diego Mendoza and the other persons who appear answerable as accomplices in the grave crime which has been committed, are punishable in accordance with ordinal 4 of article 20 of the penal code. That ex-Minister Señor Mendoza has expressly violated sentence 11 of article 8 of law 23 of 1866, which says literally: "To preserve secrecy in negotiations and to publish nothing without the authorization of the Government; " and article 13 of decree 1039 of 1901, by which the diplomatic service of Colombia is regulated, which binds diplomatic agents, even after they have retired from a post, not to publish, nor to permit the publication, of anything without the previous authorization of the Government, under which Señor Mendoza Perez was found |