File No. 15778/7–14.
The Secretary of State to Chargé Weitzel.
Washington, October 23, 1908.
Sir: Referring to the legation’s No. 360, of October 1, 1908, and No. 363, of October 6, 1908, reporting upon the encounter between the sailors from the U. S. S. Buffalo and natives of Panama, which took place in the city of Panama on September 28 last, the department is now in receipt, through the Secretary of the Navy, of the official report of the matter forwarded by the commanding officer of the U. S. S. Buffalo.
From a comparison of the statements of facts received from two sources through official channels there does not appear to be any doubt respecting the brutality displayed by the city police of Panama in clubbing, handcuffing, and dragging through the streets the badly wounded American sailor, Charles Rand; in interfering to prevent him from being sent, as desired and arranged by his shipmates, to the hospital for immediate treatment; in taking him to the police station instead of to the hospital; in refusing to allow a shipmate to get water to bathe his wounds, or to telephone or go for medical help; and in permitting him, while in police custody, to lie suffering and bleeding for more than an hour without medical attention of any kind. Similar treatment appears to have been given to another American sailor, Joseph Ceislik, who was likewise suffering from a knife wound, having also been stabbed in the back. The surgeon who finally dressed [Page 475] Rand’s wounds reports that such chances of life that he may have had were sacrificed by the delay in placing him, under medical treatment. Rand died from the effects of his wounds about 24 hours after receiving them.
The attack appears to have been unprovoked and to have been made by natives armed with knives. It does not appear that any of the American sailors were armed, or that they used arms at any time during the riot. When assaulted they seized and wielded chairs in self-defense.
The above occurrence in itself presents such grave features as to justify vigorous representations to the Government of Panama. But the incident does not stand alone. The commanding officer of the Buffalo reports that on September 29 the mail orderly of the ship while on shore duty in uniform was repeatedly jostled and insulted by natives, and while waiting for the ship’s boat was approached by several who drew and showed their knives in a significant manner, and it is hardly necessary to recall the disgraceful occurrence of the evening of June 1, 1906, in the city of Colon, when First Lieut. Charles A. Lutz, United States Marine Corps; Second Lieut. Edward P. Deiter, United States Marine Corps, and Midshipman Roy Francis Smith, United States Navy, then on shore leave from the U. S. S. Columbia, were unwarrantably arrested, roughly handled, and cruelly clubbed by the Panama police, and then incarcerated in a filthy cell, without proper medical attention. A claim for indemnity for the injured officers and a demand for the punishment of the guilty parties have been presented to the Panama Government on account of the barbarous actions of the native police on this occasion.
A mere enumeration of the foregoing incidents involving, as they do, not only threats and attacks by private citizens of Panama upon the naval personnel of the United States, but inexcusable and reprehensible conduct on the part of police authorities of Panama, which shows a tendency to become habitual, is sufficient without further proof to disclose the existence of conditions which render it dangerous to allow the officers and enlisted men of the public ships of a friendly and neighboring nation to go ashore for the purpose of visiting a friendly city. Such a state of affairs very closely approaches, if does not pass, the limits of toleration, and this Government can not countenance its continued existence, nor submit to the recurrence of such incidents as those referred to above.
You will present a copy of this instruction to the minister for foreign affairs of Panama, at the same time courteously but firmly and peremptorily demanding the immediate and adequate punishment of all parties, including police authorities as well as private persons, who were concerned either by criminal acts or negligence in the death of Rand and the maltreatment of Cieslik. You will-also demand prompt and full compensation for the death of Rand and injury to Cieslik, and, finally, an appropriate apology to this Government for the insult offered to the uniform of its naval representatives by the police officials of the Government of Panama.
I am, etc.,