Ernest Dichman to Pablo Arosemena, February 22, 1879

Mr. Dichman to Mr. Arosemena.

Sir: Referring to the protocol of a conference embodying an understanding on the subject of the right of transit across the Isthmus of Panama, guaranteed to the Government of the United States by the thirty-fifth article of the treaty of 1846, which I had the honor to execute with you to-day, I deem it right to observe, for a fuller and better understanding of the same, that I offered in behalf or the Government of the United States to provide for a reimbursement of any expenses to which the Government of the United States of Colombia might be subjected in executing article 3 of the protocol.

To which you replied as follows:

“Speaking for the Government of Colombia, and also for the Colombian people, as an evidence of our traditional friendship for the United States of America, to show a liberal spirit in complying with treaty stipulations and to promote the ends of justice and morality, the Colombian Government reaffirms not only the right of way or transit guaranteed by treaty to the Government of the United States, but also offers the services of its national and the State forces at Panama, in order to enable the Government of the United States to make an efficacious use of this right of way or transit in the exercise of one of its administrative functions, concerning in this particular instance the transit of prisoners under its jurisdiction, and I deem it improbable that in the services to be rendered under article 3 of the protocol, any expenses will be incurred by the Colombian Government.

“The maintenance of any prisoners who may be unavoidably detained on the Isthmus of Panama may be provided for by the Government of the United States of America.”

With this understanding the word “gratuitously” was inserted in article 3 of the protocol. I also took occasion to state, before signing the protocol, that the notification, or account to be given to the Colombian Senate by article 4, which was added at your instance, was not to be construed as an admission on the part of the Government of the United States that the exercise of the rights guaranteed by the treaty of 1846, and the execution of the understanding embodied in the protocol, should depend upon the action of the Senate of Colombia, to which you replied that the purposes of article 4 of the protocol were only to be considered as pertaining to the relations between the executive power of the United States of Colombia and the Colombian Senate, and, being thus purely internal, article 4 was not to be construed as imposing any limitation or restriction upon the rights acquired by the United States by the treaty of 1846, or upon the execution of the understanding embodied in the protocol which was executed for the purpose of defining and regulating the manner in which one of these rights may be exercised.

I will thank you to notify me of the correctness of these statements, in order that a duplicate of this note may accompany the protocol herein referred to. I have addressed this note to you in duplicate in order that you may be able to return one copy with your remarks thereon.

In bringing the correspondence on this subject to a close, permit me to express my appreciation of the courtesy and patience which you have always manifested during the entire course of what has at times been a difficult and delicate negotiation, and to subscribe myself, with sentiments of the highest consideration,

Yours, &c.,