821.6363 Barco/156: Telegram The Acting Secretary of State to the Minister in Colombia (Piles) WASHINGTON, August 28, 1928–6 p. m. 46. On account of Folsom's telegram to his company latter prefers not to instruct him to make written statement. Accordingly take no further action on instructions contained in Department's 45, August 25, noon. CASTLE 821.6363 Barco/160: Telegram The Minister in Colombia (Piles) to the Secretary of State 15 BOGOTÁ, August 29, 1928—2 p. m. 83. Department's 45, August 25, noon, and 46, August 28, 6 p. m. In order to have record complete would not following solve the difficulty and avoid possible embarrassment to company? Have company representative officially inquire in writing of Minister of Industry whether a new memorial would be acceptable. If Minister of Industry should not reply or should reply negatively, company would probably have no objection to furnishing Legation with written statement reporting such reply or failure to reply. Legation has suggested to Folsom that he inquire by cable of his principals with respect to foregoing. PILES 821.6363 Barco/169: Telegram The Secretary of State to the Minister in Colombia (Piles) WASHINGTON, September 11, 1928—2 p. m. 53. Deliver the following note textually to the Minister for Foreign Affairs: "I did not fail to communicate Your Excellency's note of August 14 to my Government and I am now instructed by the Secretary of State to say in reply that the United States Government is much surprised that the Colombian Government, contrary to the procedure customary between friendly nations, declines to answer a straightforward question of fact and attempts to deny to a friendly Government the right to make inquiries on behalf of the interests of its nationals. 15 Two notations on this document in the handwriting of Assistant Secretary of State White read as follows: "Shown to Mr. Stabler. F. W." "Mr. Stabler said the company thought it best to take no action and would instruct Folsom accordingly. F. W." My note of August 13, to which your note under acknowledgment is in reply, requested perfectly proper information on behalf of American citizens interested in the Barco concession as to whether the concessionaire would be allowed a period of 30 days within which to present a new memorial addressed to and answering the alleged new grounds advanced in the recent resolution of the Colombian Government. My Government considers that it is perfectly within its rights under international law in extending reasonable and necessary assistance and protection to American citizens interested in a Colombian corporation of which they own over 95 per cent of the stock. Furthermore, my Government feels that a very considerable loss has been suffered by the American interests involved through the long delay by the Colombian Government in answering the petition of the Compania Colombiana del Petroleo dated March 16, 1926, and that more serious losses are threatened through the refusal of the Colombian Government to state definitely whether this Company is entitled to file a new petition answering the new grounds set forth in the recent resolution of the Colombian Government confirming its decree of February 2, 1926. My Government has requested nothing of the Colombian Government that it would be unwilling in a similar case to grant to Colombian or other foreign interests in the United States, and cannot permit the refusal of the Colombian Government to deal with this matter in the manner usual in intercourse between friendly nations to cause my Government to desist from according such assistance and protection to American citizens as may seem proper and necessary. Accordingly my Government will continue to follow with interest the further progress of this case." KELLOGG 821.6363 Barco/225 The Minister in Colombia (Caffery) to the Secretary of State Air Mail No. 1 BOGOTÁ, November 22, 1928. SIR: In accordance with the Department's telegraphic instruction No. 79 of November 16, 5 P. M., and with reference to the Legation's telegram No. 174 of November 21, 4 P. M., 16 I have the honor to transmit herewith by air mail a copy and translation of the reply of the Colombian Foreign Minister to the Legation's note No. 829 of September 15, with respect to the Barco case. I have [etc.] JEFFERSON CAFFERY 18 Neither printed. 17 In accordance with telegraphic instruction No. 53, Sept. 11, 2 p. m., supra. [Enclosure Translation] The Colombian Minister for Foreign Affairs (Uribe) to the BOGOTÁ, November 16, 1928. MR. CHARGÉ D'AFFAIRES: I have the honor to refer to the esteemed note of the Honorable Legation, dated September 15th last, in which this Ministry was informed that the Government of the United States of America learned with much surprise that the Government of Colombia, contrary to the procedure customary between friendly nations, refuses to answer a concrete question and attempts to deny to a friendly government the right which it has to obtain information with respect to matters of interest to its nationals. As this Ministry is convinced that on this as on all occasions it has been guided by the precepts of international law and courtesy and mutual consideration due between friendly nations, you will permit me to recall some of the antecedents which motivated my note of August 14th last. In its communication of January 13th of the present year the Legation reminded this Ministry that a memorial presented to His Excellency, the President of the Republic, and the Ministry of Industries by the Compañía Colombiana del Petróleo, in which the Government of Colombia was petitioned to reconsider a resolution of forfeiture relative to the Barco Concession, had remained without answer. The Honorable Legation added that without expressing any opinion for the moment on the merits of the case, it desired to inquire whether the Colombian Government would not reply without further delay to the memorial referred to. The following day upon having received the aforesaid note, namely the 14th of January last, this Ministry replied to the Honorable Legation that if the Compañía Colombiana del Petróleo to which the note referred, was the same company constituted by public document No. 37, authorized before the 4th Notary of the Circuit of Bogotá, the Department of State had erred in giving instructions to His Excellency, the Minister of the United States of America to inquire of the Chancellery the result of private negotiations which a Colombian Company might have undertaken before the National Government. That note established from that time on the idea of the Government of Colombia with respect to the interference of the Honorable Legation of the United States in matters which, having to do with private rights, should be treated solely before the Courts of the Republic, for which all means except diplomacy are open. That decision which faithfully interprets National opinion and which far from separating the two nations will promote a more frank and cordial friendship between them, was expressed to your distinguished predecessor in my note of August 14th last, which I now have the honor to reaffirm to you with the request that you kindly make it known to the Government of the United States of America. I avail myself [etc.] CARLOS URIBE GOOD OFFICES OF THE DEPARTMENT OF STATE TO PROTECT THE INTERESTS OF THE UNITED FRUIT COMPANY IN COLOMBIA 321.1154 United Fruit Company/1 : Telegram The Secretary of State to the Minister in Colombia (Piles) 12. The Department is today informed by the representative of the United Fruit Company that this firm is experiencing certain difficulties with the Government of Colombia with regard to the Company's irrigation projects in that country, due to a resolution recently issued by the Minister of Industry which prohibits the Company from taking water from certain rivers. Acting in accordance with this resolution the Land Commissioner is said to have entered upon the land of the Company and to have destroyed certain property. The Company states that it has been pressing for a judicial termination of the matters in controversy and feels that this action on the part of the Government of Colombia is unwarranted. The Department understands that you are thoroughly familiar with the case and that you have unofficially endeavored to bring about a satisfactory settlement thereof. The Department desires you to discuss this matter again informally with the appropriate authorities and if you find the facts in the case to be substantially as set forth above you are instructed officially to request the Colombian Government to postpone further action in the matter until the controversy can be judicially determined upon its merits. KELLOGG 321.1154 United Fruit Company/7: Telegram The Minister in Colombia (Piles) to the Secretary of State BOGOTÁ, June 20, 1928-2 p. m. 48. Department's telegram 12, March 12, 7 p. m. Minister of Industry presented in secret session of House of Representatives a "most importart" bill declaring all irrigation canals which, in the opinion of the Government are necessary to provide water for differ ent sections of country, of public utility and authorizing Government to contract loans or open extraordinary credits in budget for acquisition of such canals without requiring consent of Council of State. Payment of loan and construction of other necessary works to be made through tax on properties irrigated. Bill aimed at irrigation system of United Fruit Company and was approved in first reading. Its passage uncertain. PILES 821.1154 United Fruit Company/9: Telegram The Secretary of State to the Minister in Colombia (Piles) [Paraphrase] WASHINGTON, June 25, 1928-7 p. m. 31. Your telegram No. 48, June 20, 2 p. m. The proposed legislation reported in your telegram has also been brought to the attention of the Department by the United Fruit Company, which called attention to the difficulty of growing bananas under a system of irrigation that is nationalized and under the control of, and operated by, the Government of Colombia. You are instructed to watch developments closely and to report thoroughly and promptly to the Department by telegraph. In the opinion of the Department it might have a beneficial effect if you would informally advise the Minister for Foreign Affairs that you have been instructed to follow the progress of this measure and report on the probable effect on American interests in Colombia of such proposed legislation. Although the Department does not feel that any protest would be justified at present, it hopes that no legislation will be passed which would result in injustice or discrimination against the large American investments in irrigation works in Colombia. KELLOGG 321.1154 United Fruit Company/11: Telegram The Minister in Colombia (Piles) to the Secretary of State [Paraphrase] BOGOTÁ, June 28, 1928-11 a. m. 51. Department's telegram No. 31, June 25, 7 p. m. In conversation with the Minister for Foreign Affairs I strongly presented matter along lines suggested. He is going to explain to the President our interest in the present situation and do all that he can |