Minister Magoon to the Minister of Foreign Affairs.

Excellency: I have the honor to transmit herewith, for the information of your excellency’s Government, a copy of a communication addressed to me under date of April 26, by the honorable the Secretary of War of the United States respecting the exercise of the United States of authority to maintain public peace and order in the territory of the Republic of Panama, together with a copy of the communication addressed to the Secretary of War by the honorable the Secretary of State of the United States, under date of February 21, 1906, on the same subject.

I have, etc.,

Charles E. Magoon.
[Inclosure.]

The Secretary of War to Minister Magoon.

Sir: I am in receipt of the letter dated February 21, 1906, from the Secretary of State, respecting the exercise by the United States of authority to maintain public peace and order in the territory of the Republic of Panama, provided for in the constitution of that Republic and stipulated in the treaty of November 18, 1903. I concur in the views expressed by the Secretary of State, and a copy of his letter is transmitted herewith for your information and guidance.

It is evident from the letter of the Secretary of State that in his previous instructions to you, to which he refers, he had not intended to restrict in any way the power of the United States to maintain peace and good order, not only in Panama and Colon, but in any adjacent territory of the Republic in which domestic insurrection or violence would obstruct the great purpose of the United States to build the canal. His instructions to you were intended to emphasize the dignity and sovereignty of the Republic of Panama as a nation and a government, and to point out that it would be improper for the United States to interfere with the elections or other internal affairs of the Republic of Panama, and to take steps to maintain peace and order in its territory in the first instance; that it was the duty of the Republic of Panama to maintain its own peace and good order, and that he could not assume that it would not do so. He did not mean at all to circumscribe the powers of action of the United States in case an insurrection in the Republic of Panama anywhere threatened danger to the interests of the United States in building the canal, or to its property in the Canal Zone. The question whether such interference ought to take place he characterizes as a military question, and one to be determined by the knowledge of conditions on the Isthmus and the practical effect that the insurrection would have on the building of the canal. I have no [Page 1207] hesitation whatever in saying that in my judgment an insurrection in any part of the Republic would disturb the order in Panama and Colon and adjacent territory, and would greatly increase the difficulties that the United States would have in constructing the canal; and while, of course, the forces of our Government ought not to intervene until it is established that the Republic of Panama can not maintain order in its own territory, I think the United States may properly, under the clauses of the treaty construed in the light of the provision of the constitution of Panama, quoted by the Secretary of State, and to prevent its inevitable interference with the work of canal construction, suppress any insurrection in any part of the Republic. Of course, such action taken with respect to an independent government, even with its consent given in its fundamental law, ought to be lightly taken, or until all the circumstances are known, until it is fully established that the Government of Panama is not able to maintain itself. Of this, a request by the President of Panama for our intervention to suppress an insurrection would be the best evidence. If this fact does appear, then the duty of our Government will be plain. I sincerely hope and confidently believe that no disturbance of the peace or insurrection will take place; if it does, the authorities of Panama can suppress it without assistance of the United States; but persons discontented with the Government of the Republic of Panama should not be encouraged to attempt to overthrow it on the supposition that the United States would not take steps, if the occasion arose under circumstances already described, to lend its aid by armed force to suppress an insurrection in any part of the Republic of Panama.

Very respectfully,

(Signed)
Wm. H. Taft.