721.23/932: Telegram
The Secretary of State to the Ambassador in Great Britain (Mellon)
25. British Chargé yesterday left aide-mémoire71 at Department regarding Leticia matter which seems to me to be such a wrong approach to this question that I want you to take the matter up with the Secretary of State for Foreign Affairs in an endeavor to have the British Government support in Lima the Brazilian proposal for a settlement and recall to Peru her obligations under the Kellogg Pact as requested by the Colombian Government.
Aide-mémoire first states that British Government has been supporting at Bogotá and Lima the offer of Brazilian Government to take over disputed territory for 2 or 3 months while direct negotiations proceed between the Peruvian and Colombian Governments. That is not the Brazilian proposal. Brazilian proposal is that Peru turn over Leticia to Brazil, that Brazil within a few days will turn territory over to Colombia, and that after it has been restored to Colombia then negotiations will be opened in Rio between Colombia and Peru to settle any outstanding differences.
British Ambassador on January 26 left with me an aide-mémoire71 which showed this same misconception of Brazilian proposal and attention [Page 442] of British Ambassador was called to this error by a personal letter. Aide-mémoire of 31st however persisted in same error.
Yesterday’s aide-mémoire advanced following proposal of British Government:
- 1.
- Peru to agree that Leticia be forthwith taken over by Brazil for period not to exceed 4 months.
- 2.
- Peru and Colombia to institute immediate direct negotiations with a view to arriving at an amicable settlement of dispute.
- 3.
- If after a period of 2 months no direct settlement has been reached between the parties, dispute should be submitted unreservedly to a commission composed of representatives of the Brazilian, the United States and United Kingdom Governments; Peruvian and Colombian Governments agreeing in advance to accept decision of the commission.
- 4.
- Unless any other terms of reference to a neutral commission can be previously agreed upon between Peruvian and Colombian Governments, the mandate of the commission shall be limited to deciding whether Leticia shall be handed over to Colombia or to Peru.
Department immediately sent an aide-mémoire to British Embassy yesterday73 setting forth fully reasons which compel it to conclusion that British proposal does not, in its opinion, meet requirements of the case. First of all, error regarding Brazilian proposal was pointed out. Secondly, as regards British proposal, it was pointed out that it in effect submits to the decision of a foreign commission question of whether Leticia shall be turned over to Colombia or Peru. This territory was recognized by Peru in the Salomon-Lozano Treaty of 1922 as belonging to Colombia and in the course of the last 5 months Peru has repeatedly confirmed her view that this Treaty is in effect and that Leticia belongs to Colombia. There is no question on that point. Therefore, to submit such a question to arbitration would, in the view of this Government, put a premium on the forceful seizure of territory and would be a derogation of the all important principle of the sanctity of treaties. This Government feels that in present chaotic condition of world affairs in general respect for treaties should be maintained unimpaired, and it is not pleasant to envisage the chaos that would ensue should there be a general breakdown of respect for treaties and international obligations. Department’s memorandum stated that any action which encourages use of force to seize territory, as Peru has done, or to hold it as a gage to force the revision of a treaty, should be resisted to the utmost. To carry out British proposal would force Colombia to put in jeopardy territory which Peru definitely recognizes as belonging to Colombia. It is the information of this Government, based on statements of Peruvian Government itself, that real interest of Peruvian Government is to obtain Leticia and that any moves toward a general modification of frontiers are merely with this end in view.
[Page 443]There are therefore two major reasons why United States does not feel it can support British proposal. First and primarily because it would tend to a breakdown in respect for sanctity of treaties and would lead, in the opinion of this Government, to grave international ills. Secondly the proposal seems to overlook the very vital and legitimate interests of one of the parties to the dispute. On account of internal political conditions furthermore the Colombian Government could not remain in office if it should make subject to the hazard of an arbitration territory which everyone, even Peru, recognizes as Colombian. British aide-mémoire specifically recognizes the territory as unquestionably Colombian. This Government did so in its telegram of January 25 to Minister of Foreign Affairs of Peru and the League of Nations did so when it rejected the Peruvian request that the League call on Colombia to desist from sending forces to retake Leticia. The League declined to take the action because it said that Leticia was recognized as Colombian in the Treaty between Peru and Colombia of 1922 registered with the League.
Furthermore this Government could not support the British proposal without knowing that it would not conflict with measures being taken by Brazilian Government to bring about a solution of the matter. The experience of this Government indicates that when two or more proposals are made in a dispute of this sort each party accepts the proposal which appears most favorable to its interests with the result that each party accepts a different proposal and there is no accord between them. For that reason this Government has refrained from making any direct suggestions to either Peru or Colombia in view of the action which the Brazilian Government is taking in trying to find a formula acceptable to both. Any suggestions this Government has had in the matter it has communicated to Brazilian Government as it feels that only in that way is it possible to avoid confusion and complication of the issue.
I should like you to discuss the matter at once with Sir John Simon74 and point out the reasons why I feel this proposal is thoroughly unsound and urge him to make representations in Lima to the Peruvian Government to abide by its commitments under the Kellogg Pact and to support the real Brazilian proposal. Otherwise there will be great confusion.