File No. 17450/2.
The Acting Secretary of State to Chargé Hibben.
Washington, May 19, 1909.
Sir: I have to acknowledge the receipt of Mr. Dawson’s No. 246 of March 22 last, discussing the provisions of the recent Colombian immigration law. In reply I have to say that while American citizens may by contract renounce rights and privileges pertaining to them, the United States does not and can not permit its citizens to renounce a right and duty pertaining to the United States, namely, the right and duty of this Government to protect its citizens in foreign parts, whenever, in its opinion, it is necessary or proper to do so.
The United States looks with disfavor upon any local regulation which seeks to subject its citizens residing in Colombia or elsewhere to the performance of actual military service. Freely admitting the doctrine of temporary allegiance, due to the country of domicile, the United States is unwilling to permit a foreign Government to exact that actual military service which is required by exclusive allegiance, but is inconsistent with temporary allegiance, to the country of domicile and the paramount allegiance due the United States.
You will, therefore, make known these views to the Colombian minister of foreign affairs, at the same stating that the United States does not question the right of Colombia to define the condition of alien residents, but can not admit that foreign Governments can deprive the United States of the right to the control and protection of its citizens in foreign countries, unless and until such citizens shall have expatriated themselves in the manner prescribed by law.
I am, etc.,