File No. 711.21/284.

Minister Thomson to the Secretary of State.

[Extract]
No. 77.]

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.]

Thad. A. Thomson
.
[Inclosure 1—Translation.]
No. 567.]

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.]

Francisco José Urrutia
.
[Inclosure 2.]

[Untitled]

No. 28.]

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.]

Thad. A. Thomson
.