422.11 G 93/1158
The Minister in Ecuador (Hartman) to
the Acting Secretary of State
Quito, January 5,
1921.
[Received February 1.]
No. 634
Sir: Referring to the Department’s telegram No.
41, of December 8,12 relating to the interview with the President
of Ecuador recently published in the London Times, wherein the President is quoted as favoring foreclosure of
the Guayaquil & Quito Railway by the British bondholders; referring
also to my telegrams No. 80, of December 13, 6 p.m., No. 81 of December
16, 4 p.m., and No. 85 of December 23, 9 a.m.,13
and to my despatch No. 627 of December 21, 1920,14 I now have the honor to
inform the Department that I have received a note from the Minister for
Foreign Affairs in answer to my note to him, to which I made reference
in the last paragraph of my said despatch No. 627, and I am enclosing,
for the information of the Department, triplicate copies, with
translation, of the Minister’s note, which is numbered 18, and bears
date December 29, 1920.
I have [etc.]
[Enclosure—Translation15]
The Eucadoran Minister for Foreign Affairs
(Ponce)
to the American Minister (Hartman)
Quito, December 29,
1920.
No. 18
Mr. Minister: Yesterday I received the
esteemed note no. 394, in which Your Excellency, under date of
December 21, by direction of your Government, communicates the
following:
[Page 883]
That in an interview with His Excellency Dr. José Luis Tamayo,
President of Ecuador, published in the London Times some months ago, His Excellency Dr. Tamayo was
quoted as favoring foreclosure action by the British bondholders of
the Guayaquil and Quito Kailway, and that in an interview which Your
Excellency had with His Excellency Dr. Tamayo on December 20, the
President confirmed the statement attributed to him. Further, that
in view of this confirmation, Your Excellency, under instructions
from your Government, advises this Ministry of the regret with which
the Department of State views this attitude of His Excellency the
President of Ecuador with respect to a legitimate American
enterprise, the affairs of which are conducted in accordance with
the provisions of an award made by representatives of the Government
of Ecuador and of the Government of the United States.
I immediately informed the President of the Republic of the contents
of Your Excellency’s said note, and in compliance with instructions
received from the President, I have the honor to advise Your
Excellency of the surprise with which the President learned that the
Department of State regrets that the President should express an
opinion which is simply the recognition of a condition expressly
stated in the said contract, a contract which, for the contracting
parties, has the force of law, and the efficacy and effects of which
must be and are subordinate, solely and exclusively, to the laws to
which it is subject and to the appropriate courts.
I avail myself [etc.]
