[Enclosure—Translation21]
The Government of
Colombia to the Government of the
United States
Memorandum
The Government of Colombia has been informed by its Legation in
Washington that the Department of State gave official information to
the press concerning the conventions signed with the Government of
Panama in July, last. According to this information one of the
conventions contained the following stipulations:22
“The United States and the Republic of Panama have concluded
a General Claims Convention providing for the arbitration
with certain exceptions, hereinafter noted, of all claims
against the respective Governments, which when they arose
were those of citizens of the other Government. The
exceptions referred to are:
“(1) The claims for losses suffered by American citizens as
the result of a fire in the city of Colon in 1885, as to
which Panama agrees in principle to arbitration under a
Convention to which the Republic of Colombia shall be
invited to become a party.”
The Government of Colombia is animated by a desire to avoid the
unnecessary reopening of those incidents in its relations with the
Government of the United States which long since have been closed;
and it will not attempt to discuss the reasons which have previously
been alleged in support of the right to present claims on account of
the Colon fire. The Government of Colombia expressed its opinion
regarding these claims at that time. It deems it necessary most
cordially and frankly to state to the Government of the United
States that these claims have ceased to concern the Government of
Colombia, and consequently, have not been a subject of possible
discussion or dispute from the day when the Republic of Panama was
proclaimed in November, 1903, and recognized in the manner and terms
it was by the United States.23 The territory of the Isthmus of Panama was
placed under the sovereignty of, and became the property of, the new
Republic; and the United States by its categoric and solemn
declarations assigned all the rights and obligations that were
derived, or could be derived, from the treaty of 1846,24 or which, from it, with
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or without basis, could be alleged. All
questions relating to the Isthmus of Panama or to the treaty of 1846
which since 1903 could have been pending between the United States
and Colombia were studied and discussed by the two Governments
during the negotiations which led to the signing of the treaty of
April 6, 1914,25 and all these
were definitely and wholly resolved when the ratifications of this
treaty were exchanged on March 1, 1922.26 In no event, therefore, could the
Government of Colombia accept an invitation to take part in disputes
with the United States which, because of the facts mentioned in this
memorandum, have ceased to concern it.
All causes for a misunderstanding between the two Republics over the
Isthmus of Panama or treaties relating thereto have been eliminated,
and in making the above declaration to the United States the
Government of Colombia wishes to record that not the least of its
reasons for this declaration is its earnest desire that its
friendship should continue to develop on the firm basis which has
served so efficaciously in latter years in their diplomatic,
economic, and commercial relations.
Washington, November 4
1926.
