411.19/169

The Secretary of State to the Minister in Panama ( Davis )

No. 376

Sir: The receipt is acknowledged of your despatch No. 1095 of June 4, 1932, in regard to an apparent error on the title page of Treaty Series No. 842 (Claims Convention between the United States and Panama, signed July 28, 1926) in that it is there stated that the convention was ratified by Panama on September 25, 1931. You advert to a statement contained in your despatch No. 309 of January 8, 1931, to the effect that this convention was ratified by the Panamanian Congress on December 22, 1930, and that the decree ratifying the convention was signed by the President of Panama on December 23, 1930; as well as to your telegram No. 38 of January 19, 1931, reporting that the decree ratifying the convention was published in the Panamanian Official Gazette on January 13, 1931.

In reply you are informed that the action above mentioned was merely national in character. It required no official recognition by the Government of the United States because it had no international effect and did not constitute on the part of Panama the act of ratification which by the convention Panama was required to exchange for the ratification of the United States in order to give the convention effect. [Page 943] Internationally ratification is an Executive Act; and the instrument of ratification executed by R. J. Alfaro, Primer Designado for the exercise of the Executive Power, which, in accordance with the provisions of the convention, was exchanged for the instrument of ratification executed by the President of the United States, and is now on file in the Department, is dated September 25, 1931, the date stated on the title page of Treaty Series No. 842.

Very truly yours,

For the Secretary of State:
Francis White