General Davis was accompanied by Admiral Sigsbee, commanding the
Caribbean Squadron and staff, and Major Lejeune, commanding the
battalion of United States marines on the Isthmus, myself, and Mr. Lee,
the secretary of this legation. President Amador received
[Page 582]
General Davis at the foreign
office, as the presidencia is undergoing repairs. After the presentation
of the autograph letter from the President of the United States to the
President of the Republic of Panama, General Davis made a short and
appropriate address, which was replied to in kind by President Amador,
who later in the day returned the visit of General Davis. The occasion
was one of much ceremony and pomp; a detachment of the Panaman troops
formed a guard of honor, and the Presidential band played the American
and Panama anthems. I have the honor to inclose a copy of the
announcement issued by General Davis to the inhabitants of the canal
zone and published in the press of Panama on May 19.
[Inclosure.]
Isthmian Canal Zone, Panama,
Office of the
Governor,
Culebra, May 19,
1904
To the inhabitants of the Isthmian
Canal Zone:
In pursuance of the terms of the canal convention between the United
States and the Republic of Panama, the ratifications of which were
exchanged on the 26th day of February, 1904, the Republic of Panama
granted to the United States, on the Isthmus of Panama, the
perpetual use, occupation, and control of a certain zone of land 10
miles in width, and land under water, including the islands within
said zone, and also the islands of Perico, Maos, Culebra, and
Flamenco, situated on the Bay of Panama, and the use, occupation,
and control of certain other lands and waters outside said zone,
which may be found to be necessary and convenient, all to be
utilized for and in connection with the construction, maintenance,
operation, sanitation, and protection of the ship canal which the
United States is to construct, and which will extend from the
Caribbean Sea, near Colon, to the Pacific Ocean, near the city of
Panama.
In addition to the perpetual use, occupation, and control of the
lands and waters referred to, the Republic of Panama has also
granted to the United States all the rights, powers, and authority
within said zone, auxiliary canals, islands, and lands under water
which the United States would possess and exercise if it were the
sovereign of the territory granted, to the entire exclusion of the
exercise by the Republic of Panama of any such sovereign rights,
power, and authority.
The canal zone, and all the real and movable property situated within
it that formerly belonged to the New Panama Canal Company have been
purchased and taken possession of and are now occupied or controlled
by or on behalf of the United States of America.
For the maintenance of order within the territory above described,
the use, occupation, and control of which have been granted to the
United States, and in order that the inhabitants may be protected in
the full enjoyment of their liberty, property, and religion, the
President of the United States has been empowered by the Congress to
establish a temporary government for the canal zone, to which end he
has been authorized to delegate to such person or persons as he may
designate, and to control the manner of their exercise, all the
military, civil, and judicial powers and authority granted to the
United States by the Republic of Panama, as well as the power to
make all needful rules and regulations.
With respect to the government and administration of the canal zone,
the President has delegated to the undersigned, as governor of the
zone, all necessary executive and administrative attributes, with
power to appoint the officials and organize the police force
necessary to preserve order and to carry out the purposes of
government on the Isthmus. The power to make rules and
regulations—in short, all matters of legislation for the zone and
its inhabitants—have been delegated to the members of the Isthmian
Canal Commission, of whom four constitute a quorum for legislative
purposes; but it is provided that the governor of the zone and the
legislative commission shall exercise their powers and
[Page 583]
authority and carry on
their work always under the supervision and direction of the
Secretary of War.
The President has ordered that the laws of the land which were in
force on the 26th of February, 1904, shall continue in force in all
places on the Isthmus of Panama over which the United States has
jurisdiction until said laws are altered or annulled by the canal
commission, and the people are entitled to security in their
persons, property, and religion, and in all their private rights and
relations. They will be disturbed as little as possible in their
customs and avocations that are in harmony with the principles of
well-ordered and decent living, but there are certain great
principles of government that have been made the basis of our
existence as a nation which are deemed essential to the rule of law
and the maintenance of order, and will have force within the canal
zone and within other lands on the Isthmus that are controlled by
the United States. The principles referred to may be generally
stated as follows:
That no person shall be deprived of life, liberty, or property
without due process of law; that private property shall not be taken
for public use without just compensation; that in all criminal
prosecutions the accused shall enjoy the right of a speedy and
public trial, to be informed of the nature and cause of the
accusation, to be confronted with the witnesses against him, to have
compulsory process for obtaining witnesses in His favor, and to have
the assistance of counsel in his defense; that excessive bail shall
not be required nor excessive fines imposed nor cruel or unusual
punishment inflicted; that no person shall be put twice in jeopardy
for the same offense, or be compelled in any criminal case to be a
witness against himself; that the right to be secure against
unreasonable searches and seizures shall not be violated; that
neither slavery nor involuntary servitude shall exist, except as a
punishment for crime; that no bill of attainder or ex post facto law
shall be passed; that no law shall be passed abridging the freedom
of speech or of the press, or of the rights of the people to
peaceably assemble and petition the Government for a redress of
grievances; that no law shall be made respecting the establishment
of religion, or prohibiting the free exercise thereof. Provided,
however, that the commission shall have power to exclude from time
to time from the canal zone and other places on the Isthmus over
which the United States has jurisdiction, persons of the following
classes who were not actually domiciled within the zone on the 26th
of February, 1904, viz: Idiots, the insane, epileptics, paupers,
criminals, professional beggars, persons afflicted with loathsome or
dangerous contagious diseases, those who have been convicted of
felony, anarchists, those whose purpose it is to incite
insurrection, and others whose presence it is believed by the
commission would tend to create public disorder, endanger the public
health, or in any manner impede the prosecution of the work of
opening the canal; and may cause any and all such newly arrived
persons, or those of the same classes alien to the zone, to be
expelled and deported from the territory controlled by the United
States, and the commission may defray from the canal appropriation
the cost of such deportation, as necessary expenses of the
sanitation, the police protection of the canal route, and the
preservation of good order among the inhabitants.
The President has further directed notification to the inhabitants of
the canal zone that the establishment and maintenance of lotteries
and the holding of lottery drawings, or sale of lottery tickets, or
the conduct of gambling methods and devices of a character that is
prohibited by the laws of the United States are to be strictly
forbidden by the canal commission, within the canal zone, and that
any violation of the law respecting lotteries and gambling, to be
enacted, will subject the offender to severe punishment.
The municipal laws of the canal zone are to be administered by the
ordinary tribunals substantially as they were before the change of
government Alcaldes, comisarios de barrios, and other persons in
lawful discharge of official duties in the zone that are in harmony
with the principles of government herein set forth will be continued
in office for the present. A judge of a superior court will soon be
appointed, and as soon as practicable the limits of the zone will be
defined.
The following announcements are made of heads of departments in the
government of the zone:
- Secretary: Mr. Ernest Lagarde, jr.
- Treasurer: Paymaster E. C. Tobey, United States
Navy.
- Captain of police: Mr. G. R. Shanton.
- Sanitary officer: Dr. L. W. Spratling, United States
Navy.
