721.23/2283: Telegram
The Minister in Colombia (Whitehouse) to the Secretary of State
[Received 8:55 p.m.]
27. I asked for an interview with the Minister for Foreign Affairs this morning to find out what was delaying the negotiations at Rio de Janeiro.
The Minister informed me that Mello Franco’s formula was on the whole acceptable except that he wished to clarify the clause regarding possible appeal to the Permanent Court of International Justice and to limit this appeal to procedure established by article 36 of the Court’s statute as it was clear that Perú intended refer the case to the Court.
A much greater complication, however, was an addition to Mello’s formula proposed by Maúrtua which tended to enlarge still further the jurisdiction of the Court and which if accepted by the Colombian Government would amount to giving the Court the powers of an arbitral tribunal. This the Minister considered totally unacceptable and he had [sent?] a memorandum to that effect to the President this morning which was now being considered at a Cabinet meeting. He added that my request to be received had been providential for him as an excuse for not attending the meeting which would have been painful for him. He said that he could not assume responsibility for making concessions along these lines and he expected tender his resignation today or tomorrow although this depended on the result of the Cabinet meeting.
In further explanation his attitude he pointed out that in adhering to the Court Perú had made a reservation excepting from the Court’s jurisdiction acts prior to the ratification. Maúrtua’s proposal would [Page 352] eliminate this reservation. As Colombia’s ratification had been on a reciprocal basis the acceptance of Maúrtua’s proposal would require special approval of the Colombian Congress which he feared would entail bitter debate, stir up bad feeling in both countries and make it more difficult to reach a settlement.
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While the Minister specifically disclaimed being a party man I have the impression that internal politics have influenced his decision.