Señor Hurtado to Mr. Foster.
New York, September 14, 1892. (Received September 16.)
Sir: I have had the honor to receive your communication of the 8th instant in acknowledgment of mine of the 5th, and beg leave to confine my reply on this occasion to that part only of your note which refers to my previous communication of the 28th of last July.
It is, Mr. Secretary, with much regret and concern that I have become aware of the impression produced upon you by the contents of my said note of July. Allow me to assure you that you have given to its tenor a sense which it was never intended to convey, and which I shall endeavor in the course of this note to rectify, hoping to remove from your mind the unfavorable idea you have conceived in this respect.
You state that my note contains an unusual and grave charge against the Government of the United States; and you take exception, besides, at the language employed, to an extent that, in your opinion, it calls for a reply in special terms.
I repeat that I am grieved to find that, both in substance and in form, my note should have impressed you in so unfavorable a manner, Nothing could have been further removed from my intention than transgressing the respect and high consideration which the Government of the United States is entitled to expect and receive in the course of their relations with the representatives of other governments in Washington. It is the first duty enjoined upon these to, on every occasion, observe the most courteous, respectful, and considerate demeanor towards the Government to which they are accredited.
I do not perceive, Mr. Secretary, wherein I have failed in this respect, but if unfortunately there occur in the note in question any expressions susceptible of being interpreted in a sense that would manifest want of due respect and proper regard for the Government of the United States, I beg you will at once accept my sincere regret for a circumstance that I would deeply deplore and the positive assurance that it was never intended that such expressions should be so understood.
You are pleased to state the matter and nature of your objections to my note in the following passage which I transcribe from yours of the 8th instant, with a view to submit some remarks thereon:
Within a few days after our last interview, to wit, on the 28th July, you addressed to me a note in which the Government of the United States is arraigned for unwarranted and unjustifiable violation of treaty stipulations, and a demand is made for a remedy to and reparation for the injuries which you charge are being inflicted on your country thereby.
I do not presume that your attention has rested on the words “unwarranted and unjustifiable,” which I used in reference to the treaty [Page 488] infringements complained of, and which appears in the part of your note above quoted. These words are often employed in connection with treaty violations. Instances of such use occur in the published correspondence of the State Department on foreign relations, which I refer to as recognized examples of correct diplomatic style; yet when this phrase is looked into, it is found to be a mere redundant expression.
Every violation of treaty must necessarily be both unwarranted and unjustifiable; for if the act reputed to constitute the breach of treaty were either warranted or justifiable, its exercise would be lawful and could not, at the same time, be a violation of treaty; that is to say, a wrongful act. But since all breaches of treaty must necessarily be both unwarranted and unjustifiable, it follows that no difference can be made between the expressions “violation of treaty” on the one hand and “unwarranted and unjustifiable violation of treaty” on the other. The words “unwarranted and unjustifiable” are mere expletives. They do not alter or aggravate the character of the treaty infringement.
You view the note of the 28th July as arraigning the Government of the United States for violation of treaty stipulations and making a demand for a remedy to and reparation for the injuries which, are thereby inflicted on Colombian interests.
If the note is to be considered under this aspect, we are led to inquire before what tribunal has the arraignment been attempted; and it will appear that it is not before any of the tribunals to which nations agree to submit their disagreements for adjudication. The forum where the arraignment has been intended will be shown by reference to the last paragraph of the note of the 28th July.
The complaint of Colombia is therein set forth. The demand you refer to, asking for a remedy for the future and reparation for the past, also appears; and in connection therewith I had the honor to address you as follows:
To attain this end I have been directed to earnestly invoke the good faith and high sense of justice of your Government; and to express the conviction that the appeal will not he made in vain if careful and impartial attention be given to the points which I have had the honor to submit to your consideration in the course of this communication.
Therefore that which you designate as an arraignment of the Government of the United States is in reality a direct appeal to their justice and good faith, in which the greatest confidence and reliance is manifested, flow this unmistakable tribute, paid to the integrity and rectitude of the Government of the United States, can in any way tend to disturb the cordial relations between the two governments, or become an obstruction to a contemplated settlement of the question at issue, on the basis of mutual; and friendly concessions, is a matter which I candidly assure you, Mr. Secretary, I am at a loss to understand. I can only hope that the continued endeavor of my Government to meet the views you advocate, to the utmost extent consistent with the legitimate interest of Colombia, of which you have lately had so positive a proof, will ultimately prevail and bring about a common and satisfactory understanding.
I trust, Mr. Secretary, that the frank and sincere explanations which precede will attain the object with which they are tendered, disposing i you to reconsider the contents of my note of the 5th instant, and to favor me with a definitive reply to the proposal I had the honor to submit to you under instructions from my Government.
Accept, etc.,