342 APPENDIX TO BRITISH COUNTER CASE. 



[Translation.] 



MINISTRY OF FOREIGN AFFAIRS, 



Bogota, March 15, 1909. 

 Mr. MINISTER, 



When the Government of Colombia empowered its representative 

 at Washington to accept Article VI of the Treaty with the Gov- 

 ernment of the United States signed on the ninth day of 

 207 January last, which article granted to the United States the 

 use of all the ports of the Republic that may be open to trade, 

 as places of refuge for any ships employed at the canal and for all 

 vessels in distress that pass through or steer for the canal and that 

 may seek shelter or anchorage in the said ports, this permission being 

 subject in time of war to the laws of neutrality applicable in such a 

 case, it did so on the supposition that the right of refuge conceded 

 was solely and exclusively that recognized by International Law and 

 subject to the practices which, the same International Law establishes. 



Nevertheless, since some of the honourable Members of Parliament 

 and other citizens of this country see in the slightly obscure wording 

 of this article an obstacle to the approval of the compact in question, 

 I take the liberty of begging your Excellency to be good enough to 

 ask the Department of State by telegraph for the authority necessary 

 to sign a protocol or a note explanatory of this said Article VI, by 

 which it may be clear that the enjoyment granted by Colombia in 

 the said article should be understood solely as a right of refuge and 

 as an innocent favour to ships in difficult circumstances (reldche 

 forcee), such as International Law recognizes and that this enjoy- 

 ment remains subject to the conditions and practices established by 

 the same, without any diminution of the sovereignty of Colombia in 

 her ports. 



In this manner then that innocent enjoyment stipulated for under 

 the name of harbourage in no way signifies right or servitude which 

 could limit the absolute exercise of the sovereignty which Colombia 

 possesses over her ports, roadsteads, bays, gulfs, and territorial seas, 

 nor limits the unrestricted dominion over them of her laws, nor does 

 it give to the United States power to exercise jurisdiction or to carry 

 out any work such as piers, repairing stations or other works of a 

 similar nature. 



It is tacitly understood that the stipulation contained in the same 

 Article VI whereby such ships will be freed from any payment to 

 the republic of Colombia for rights of anchorage or tonnage, remains 

 in force. 



I improve with pleasure the present opportunity to offer anew to 

 your Excellency, with my thanks in anticipation, the expression of 

 my highest and most distinguished consideration. 



FRANCISCO JOSE URRUTIA. 



To his Excellency Mr. THOMAS C. DAWSON, 



Envoy Extraordinary and Minister 



Plenipotentiary of the United States.] 



