File No. 2491/87.
The Secretary of State to the Minister of Panama.
Washington, November 2, 1909.
Sir: I have the honor to acknowledge the receipt of your note of the 20th ultimo,1 relative to the suggested submission to Chief Justice Fuller, as arbitrator, of the boundary controversy between your Government and that of Costa Rica.
The purpose of this Government has been to bring the Governments of Costa Rica and Panama together in the path of arbitration, and as this appears to be hopefully in the way to be accomplished, through direct negotiations of the empowered representatives of the two Governments, it does not appear necessary for this Government to take any part in the formulation of the terms of submission of the question to the arbitrator.
This Government has assumed that the two parties were in discord as to a part of the Loubet award, and that all that is wanted is for each to submit its interpretation as to that part of the line in disagreement and invite the arbitrator to determine which of those two interpretations is the correct one under the Loubet award. In this assumption, we limit ourselves to taking note of that portion of your communication which appears to define the contention of Panama in this regard.
As to the finality and binding character of the award, whichever it may be, this Government can not doubt the good faith of the parties to the arbitration, and while not asking for a formal engagement on the part of either or both, would have pleasure in receiving assurance from Panama as well as Costa Rica that the award shall be accepted as final.
Accept, etc.,
- Not printed.↩