File No. 711.21/284.
Minister Thomson to
the Secretary of State.
[Extract]
No. 77.]
American Legation,
Bogota,
June 19, 1914.
Sir: Referring to my telegram of June 17, 5
p.m., reporting that proceedings had been instituted before the (Supreme
Court to test the constitutionality of the Treaty of April 6, I have the
honor to enclose herewith for your information a copy of the Foreign
Office note on the subject, of yesterday’s date, together with an
English translation, and also a copy of my note in reply. * * *
As I had the honor to state in my telegram under reference, I do not
attach any importance to this petty contretemps, the last weapon that
remained to the opponents of the treaty.
I have [etc.]
[Inclosure 1—Translation.]
No. 567.]
Foreign Office,
Bogota,
June 18, 1914.
Mr. Minister: In view of the fact that
proceedings have been instituted by a private citizen before the
Supreme Court to test the constitutionality of Law No. 14 of the
present year, approving the Treaty of April 6 between Colombia and
the United States, the Government of the Republic deems itself bound
to say to your excellency, as I have the honor now to do, that this
action is absolutely without effect as regards the validity of that
international document.
In Colombia, as in all civilized countries, the direction of foreign
affairs pertains to the executive branch of the government, and the
conclusion of public
[Page 166]
treaties, with the approval of Congress, is the special concern
thereof. The Government believes that the Supreme Court, whose
deliberations and decisions are founded in justice, cannot
dissociate itself from this doctrine in the present case, and must
therefore declare itself not qualified to entertain the matter,
especially because the Judiciary has never undertaken to try the
validity of public treaties.
This Ministry, therefore, has the honor to advise your excellency
that the above-mentioned incident is entirely without import as to
the Treaty of April 6, and to request your excellency to be good
enough so to inform your Government, in order that the course of the
negotiations may not encounter the least impediment by reason
thereof.
I have [etc.]
[Inclosure 2.]
[Untitled]
No. 28.]
American Legation,
Bogotá,
June 19, 1914.
Mr. Minister: I have the honor to
acknowledge the receipt of the courteous note 55. 567 of the 18th
instant in which your excellency, referring to the fact that
proceedings had been instituted in the Supreme Court to test the
constitutionality of the Treaty of April 6 between the United States
and Colombia, was good enough to inform me that the Government of
the Republic believed that the Supreme Odurt would, for the reasons
mentioned in your excellency’s note, declare itself unqualified to
consider the matter.
In assuring me, therefore, that this incident was entirely without
import to the treaty, your excellency requested me so to advise my
Government.
In reply I have the honor to inform your excellency that I have
reported the matter to my Government in that sense and am confident
that the natural course of the negotiation will surfer no
interruption thereby.
Please accept [etc.]
