711.21/517
The Minister in Colombia (Philip) to the Secretary of
State
Bogotá, October 31,
1919.
[Received November
24]
No. 185
Sir: I have the honor to refer to your
cable instruction of October 14, 8 p.m. which embodied the substance
of a note which I was authorized to address to the Colombian
Minister for Foreign Affairs outlining the attitude of the
Government of the United States in the matter of the Treaty of 1914
and the discussions concerning the subsoil problem now pending
between the United States and Colombia.
On receipt of this instruction I prepared a memorandum which followed
closely the text forwarded by the Department. This I enclosed with a
short note to Doctor Guzman, the Acting Foreign Minister, dated the
21st instant, in which I stated that it embodied certain views
entertained by the Government of the United States on the subject,
the expression of which was given by the Department in the hope that
they might be of some assistance to the Colombian Government at this
juncture. I added that I saw no objection, from the point of view of
my Government, to the publication of these views should the
Colombian Government deem such a course expedient,
[Page 756]
etc. A copy of this note with its
enclosure is enclosed herewith. On the 25th instant I had a
conversation with the acting Foreign Minister and in the course of
it enquired if the memorandum had met with the approval of his
Government. He replied that it had and that he was desirous of
submitting it to the Chamber of Deputies but that, owing to the very
delicate situation now existing here his Government begged that I
consent if possible to eliminate the words “treaty” and “agreement”
where they occurred in my note and memorandum as these terms would
be likely to precipitate a heated argument which might modify the
good effect desired by the communication. I agreed to substitute
terms such as “international understanding”, “compact”, etc. for
those mentioned, otherwise leaving the text practically as furnished
by the Department. These changes I judge were unimportant and did
not alter the sense of the Department’s communication.
Subsequently, I received a note in reply from the Acting Foreign
Minister, dated the 28th instant, copy and translation of which I
have the honor to transmit herewith. This note had evidently been
carefully prepared with a view to immediate publication and, under
the circumstances which call for great caution on the part of the
Colombian Government in connection with public statements as to this
discussion and in forestalling attacks by its opponents, I think the
contents and general tone may not be found unsatisfactory by the
Department.
The note states that the Foreign Minister understands from the
context of the memorandum, and from previous conversations that the
chief question now at issue is as follows: “to determine by means of
a diplomatic document the principle to be observed in Colombia and
in the United States with respect to the ownership of the subsoil,
in relation to petroleum deposits, when the lands belong to citizens
of either of the two countries through legitimate title acquired
before the present date”. It goes on to state that as the National
Congress is now engaged in the discussion of a proposed law, and as
the qualification of titles belongs to the judicial power, the
Government, animated by an intense interest in reaching an early
understanding, has transmitted the Legation’s memorandum to the
legislative bodies, and will publish it. The note further states
that the Colombian Government does not cease to lament the fact that
the matter of the ownership of the subsoil should be allowed to
affect the conclusion of the Treaty of 1914, but that the Government
also is convinced that a study of the subject in a spirit of equity
and justice must bring about a solution satisfactory for the
interests of the peoples of Colombia and the United States and for
those of the civilized world.
[Page 757]
Both the Legation’s memorandum and the Foreign Office note were
published yesterday.
For some time the press has been on the qui
vive and has predicted the Government’s intention of making
some such announcement which all papers have hailed with relief as a
means of throwing light upon a situation with the details of which
the public has been uninformed.
The papers of Bogota have displayed a high degree of interest in the
Legation’s memorandum and all have published editorials regarding
it. I have the honor to transmit herewith a number of press
clippings38 on
this subject which I regret lack of clerical assistance has not
permitted me to have translated. As was to be expected the press,
which with two exceptions (El Nuevo Tiempo
and La Cronica) is opposed to the Government,
has brought every criticism which it could invent to bear upon the
statement. Practically all papers represent the situation as
exceedingly grave and the general theme is that the attitude of the
United States has greatly endangered the safety of Colombia as a
sovereign State and displays the imperialistic policy of the great
Power of the North etc. The entire situation, including probable
motives for hostile press criticism is so obscure for the moment
that it is impossible to sum it up with any degree of certainty.
. . . . . . .
I am of the opinion that not too much importance should be attached
to the generally critical attitude of the press. From excellent
sources I understand that an excellent impression has been made on
the public by the publication of the Legation’s memorandum and that
the majority of hostile criticism is the outcome of professional and
interested politics. …
An interesting feature of the situation has been added by the
publication yesterday of a statement signed by some of the most
prominent business men and land owners in Bogota, members of the
Agricultural Society, and which protests against certain features of
the petroleum law which it is understood has now been approved by
the Chamber of Deputies. The chief object of this protest is the
decision to vest in the Nation those non-metalliferous deposits in
private lands which have not been developed within the period of
twenty years. This subject was mentioned in my cable message No. 160
of October 29, 12 noon. El Espectador has
published an article denouncing the authors as enemies of the
country etc.
I have [etc.]
[Page 758]
[Enclosure 1]
The American Minister (Philip) to the Colombian Acting Minister for Foreign
Affairs (Guzmán)
Bogotá, October 21,
1919.
No. 56
Excellency: Adverting to our previous
conversations relative to the questions now pending between our
Governments, I have the honor to enclose herewith a memorandum
which embodies certain views entertained by the Government of
the United States in connection with the advisability of
consum[m]ating a mutual compact as to the vested property rights
of our respective nationals in Colombia and in the United
States.
These views have been expressed by my Government in the hope that
they may be of some assistance to the Government of the Republic
and in order to make its position clear in the matter.
I beg to state that I see no objection, from the standpoint of my
own Government, to the publication of this memorandum should
Your Excellency’s Government deem such a course likely to
promote a better understanding of the situation by the people of
this country.
Accept [etc.]
[Subenclosure]
Memorandum
It has recently been brought to the attention of the Government
of the United States that an obvious lack of information
concerning matter under discussion between it and the Government
of Colombia threatens to hinder the consum[m]ation of certain
agreements which it seemed expedient to conclude with the
precise object of removing all misunderstandings that have
existed between the two Governments in recent years and of
preventing, in so far as is possible, future
misunderstandings.
As a matter of fact, the fundamental and underlying motives of
the two Governments in concluding the Treaty of April 6, 1914,
and of their previous efforts along similar lines was to perfect
an agreement which would be satisfactory to the United States
and to Colombia, and which would insure the good will of the
Colombian Republic.
The accomplishment of anything less than this noble aspiration
would not have been satisfying to the people of the United
States and, presumably, this is also true with regard to the
people of Colombia. It appeared during the summer of 1919 that
favorable action by the Congress of the United States and that
of Colombia
[Page 759]
upon the
Treaty of 1914, could be brought about if certain modifications
were made therein. With this thought and on the theory that such
action would promote cultural and commercial relations between
the two countries it was determined to make an effort to have
the Treaty brought into force. Before this could be accomplished
the Colombian Executive Decree of June 20, 1919,39 brought to the
fore a question involving future relations of both countries in
respect of vested rights of American citizens, since the
provisions of this Decree seemed to threaten such American
citizens with the loss of subsoil rights acquired by them in
accordance with the laws of the Republic of Colombia, It is,
perhaps fortunate that this question was raised, though
apparently through inadvertence, for had the Treaty of April 6,
1914, been ratified on the theory that it was to remove any
unfriendly feeling that might exist, and had such ratification
been followed soon thereafter by an enforced diplomatic
consideration of the subsoil problem, bad faith on the part of
Colombia might have been alleged by the enemies of the Treaty.
Moreover, it is believed that with the solution of this question
all differences will be cleared away and the basis be laid for
the development of one of Colombia’s greatest sources of wealth,
in which it should be distinctly understood that the United
States is seeking no exclusive or preferential treatment. It
would seem that the solution of the subsoil problem might easily
be reached. It can be said—to state the case plainly, that
petroleum is to be found under both privately owned and national
lands. An international understanding framed to set forth how
subsoil rights are owned would be one way of solving the
question. Such a document might properly state, among other
things, that the ownership of private lands acquired up to the
time of the ratification of the compact under contemplation, the
titles to which did not expressly reserve subsoil rights, should
be held to embrace the subsoil minerals, except metalliferous
minerals which from time immemorial have been reserved to the
State. Thus a private owner of lands under a legitimate title
could extract his petroleum at will and market it under the
usual governmental regulations.
A very different situation exists with respect to national lands.
An arrangement of the kind here alluded to, while recognizing
the unquestionable right of the Nation to legislate to suit its
Sovereign will, with respect to such lands, might define, for
the sake of expediency originated to induce foreign capital to
assist in the development of Colombia, the conditions under
which all persons
[Page 760]
might exploit the subsoil products lying under the National
lands. These conditions might well be couched in terms
calculated to serve as an incouragement to foreign capital which
is always timid.
Bogotá, October 20,
1919.
[Enclosure
2—Translation]
The Colombian Acting Minister for Foreign
Affairs (Guzmán) to the
American Minister (Philip)
Bogotá, October 28,
1919.
Sir: I have the honor to refer to Your
Excellency’s note of the 21st instant, in which Your Excellency
enclosed a memorandum containing certain opinions of the
Government of the United States of America with reference to the
convenience of arriving at a mutual international understanding
regarding property rights acquired by our respective citizens
(nationals) in Colombia and in the American Union; opinions
which Your Excellency expresses in the name of Your Government
in the hope that they may be useful to the Government of
Colombia and to indicate clearly its point of view in the
matter.
From the conversations which I have had with Your Excellency in
the Palace of San Carlos relative to the questions today pending
between our Governments, I understand from the context of the
memorandum which Your Excellency has sent me that the question,
which is the primordial object of it, reduces itself to the
following: viz., to determine by means of a diplomatic document
the principle which is to be observed in Colombia and in the
United States of America with respect to the ownership of the
subsoil, in relation to petroleum deposits, when the land should
belong to citizens of either of the two countries through
legitimate title acquired before the present date.
As the National Congress is actually occupied with this important
matter in the discussion of a proposed law which is intended to
regulate entirely the subject of hydrocarbons, and as the
qualification of titles of ownership belongs to the Judicial
Power, my Government, animated by an intense interest to soon
reach a cordial understanding between the people of Colombia and
those of the United States of America, has transmitted Your
Excellency’s memorandum to the honorable legislative Bodies,
and, accepting Your Excellency’s insinuation, will give
publicity to said document. The Government, with the aid of
public opinion as demanded by the temper of our political
organization, hopes to soon arrive at a satisfactory solution of
the matter.
[Page 761]
The Colombian Government, however, does not cease to lament the
fact that this affair of the ownership of the subsoil, which is
a question that belongs as much in Colombia as in the American
Union to the domain of the Courts of Justice and to the
Legislative Power, should affect the definite conclusion of the
Treaty of April 6, 1914,40 but also
cherishes the conviction that, studying the subject with an
exalted spirit of equity and justice which should guide the
Governments of Colombia and of the United States of America,
there must be reached a solution satisfactory for the interests
of the two peoples and for those of the civilization of the
world.
Permit [etc.]
