Mr. Russell to Mr.
Hay.
American Legation,
Panama, May 27,
1904.
No. 88.]
Sir: I have the honor to inclose the
translation of a note from the secretary of government to General Davis,
in which note is set forth the views of the Panama Government in regard
to the jurisdiction of the United States in the canal zone. This note
came from the foreign office the day after the departure of the mail
steamer and was suggested by General Davis in an interview he had with
Mr. Arias, secretary of government.
I am, etc.,
[Inclosure.—Translation.]
Mr. Arias to
General Davis.
General: In compliance with instructions
from his excellency the President of the Republic I hasten to make
to you the following statement: The Government of the Republic of
Panama considers that upon the exchange of ratifications of the
treaty for opening an interoceanic canal across the Isthmus of
Panama its jurisdiction ceased over the zone and other lands
necessary for the work and preservation of the same, more
particularly described in Article II of said treaty; but it also
thinks that the Government of the United States of America can not
exercise real and effective jurisdiction over said lands until they
have actually been delivered to it, for which purpose a previous
delimitation of them is necessary. After the delimitation and
delivery of said lands in any manner which may be agreed upon the
jurisdiction of both countries is clearly bounded, thus preventing
all sorts of difficulties which surely would arise if such a
proceeding were not adopted. But in order not to interfere with the
plans of the United States with regard to its jurisdiction over
said, lands, the Government of Panama is willing to turn them over
provisionally until commissioners are named to carry out the work of
delimitation for a final delivery. Consequently the Government of
Panama proposes to appoint the governors of the provinces of Panama
and Colon, who, on the 1st day of June, for example, shall deliver
to the representative of the Government of the United States the
canal zone and other lands mentioned in Article II of the treaty;
all this to be arranged and to be embodied in a formal public
document to be signed by the representatives of both parties. And on
the date agreed upon all the authorities and public employees in the
service of the Republic in the canal zone shall cease to act, and
they shall deliver up in accordance with a strict inventory to the
governors the public archives and other documents pertaining to each
office in order that these may be safely held until it be decided
what shall be done with them. The delivery to be made in the
following manner: To the governor of Panama, the archives, fixtures,
etc., of the districts of Emperador and Gorgona; and those of the
districts of Buena Vista and Gatun, to the governor of Colon. This
succinct statement, I think, is made with due regard to the
interests of both Governments, and I promise you that the
suggestions contained therein shall be carried out with all the
promptness and care which the case demands.
I offer you the assurance, etc.,
