Papers Relating to the Foreign Relations of the United States, 1922, Volume I

711.21/672: Telegram

The Minister in Colombia (Philip) to the Secretary of State

Bogotá, January 6, 1922—10 a.m.
[Received January 7—2 p.m.]

1. My cipher telegram December 24, 6 p.m.;² your cipher telegram December 31, 5 p.m.;³ and your 19 of April 27, 5 p.m., 1921.⁴ Dr. Antonio José Uribe appointed 4th instant Minister for Foreign Affairs conferring with me yesterday afternoon. In substance he said that the Colombian Government is now ready to effect exchange of ratifications, which it is excessively desirous of doing at the earliest possible date. Colombian law 56 of December 24, 1921 comprises only two articles: Article 1 embodies original treaty text. They agree to our Senate amendments and resolution; article 2 provides that mention of the note of Secretary of State, dated October 3, 1921,⁵ to Colombian Legation at Washington, which interprets Senate resolution, should be made in resolution.

Dr. Uribe stated that his Government will employ the identical form of ratification exchange copy as is employed by the Department for all amended treaties, but that in the protocol of exchange to be signed by the Colombian Minister for Foreign Affairs and myself that it will insert the following:

“With reference to this exchange the following statement is incorporated in the present protocol in accordance with instructions received:

1. In conformity with the final resolution of the Senate of the United States in giving its consent to the ratification to the treaty in question, the stipulation contained in the first clause of article 1 by which there is ceded to the Republic of Colombia free passage of its troops, materials of war, and ships through the Panama Canal, shall not be applicable in case of a state of war between the Republic of Colombia and any other country.

2. The said final resolution of the Senate of the United States signifies, as the Secretary of State stated in the note which he addressed to the Colombian Legation in Washington on the 3rd day of October, 1921, ‘that the Republic of Colombia will not enjoy the right of transporting its troops, materials of war, and ships of war, free of tolls, in case of war between Colombia and some other country, and consequently, the Republic of Colombia will be placed, in this case, on the same footing and in the same condition as any other nation, in conformity with the Hay-Pauncefote Treaty concluded in 1901.⁶ Thus, in consequence, the Republic of Colombia will not be placed by operation of the declaration of the Senate of the United States above mentioned, under any disadvantage as compared with the other belligerent or belligerents in the Panama Canal, in case of war between Colombia and some other nation or nations’. With this understanding the said resolution has been accepted by the Colombian Congress in accordance with the dispositions contained in article 2 of law 56 of 1921 ‘by which is modified law number 14 of 1914’ approving the treaty.[”]

Under the circumstances I see no objection to this procedure and therefore urge the usual ratification exchange and power be prepared by the Department and forwarded at once in next pouch together with instructions to sign exchange protocol embodying the above paragraphs as quoted.

Philip

2. Ibid., p. 644.
3. Not printed.
4. Foreign Relations, 1921, vol. i, p. 639.
5. Ibid., p. 640.
6. See Foreign Relations, 1901, pp. 241 ff.