File No. 718.1915/193.
The Chief Justice to the
Secretary of State.
Port
Hope, Ontario, Canada, July
26, 1911.
My Dear Mr. Secretary: I have your recent
letter2 inquiring
concerning my action in the request referred to me by the
representatives of Costa Rica and Panama as to the arbitration provided
for in the agreement between these two countries. I must apologize for
my delay in replying to the request, which has been occasioned by
circumstances over which I had no control. I beg leave under this cover
to send you a copy of a letter by me to-day addressed to the ministers
of the two countries, and at the same time to send you the letters which
I have addressed to the respective ministers so that you may see that
they are delivered.
The conditions which I have imposed to the acceptance of the duty of
arbitration are in exact compliance with the result of a conversation
[Page 676]
which took place between
myself and the ministers of the respective countries in Washington in
June last, of which conversation and understanding I took the liberty of
informing you in a letter1 addressed to you some time since.
With the greatest respect, believe me, etc.,
[Inclosure.]
The Chief Justice to
the Ministers on Special
Mission.2
Port Hope, Ontario, Canada, July 25, 1911.
Gentlemen: I have the honor to acknowledge
the receipt of your esteemed favor of June 10 last, dated at
Washington, D. C., inclosing me “an authentic copy of the convention
entered into between the two aforesaid Republics under date of the
17th of March, 1910, whereby your honor (myself) was nominated
arbitrator to decide in conformity with the terms of the said
convention upon their boundary questions.” I beg leave to further
observe the fact that in your letter referred to you have done me
the honor to request me “to kindly accept the office referred to,
and advise us of your acceptance.”
Thus taking notice of the statements made, and of the request therein
made, I beg leave to say that I accept the duty of considering and
passing upon the dispute as to the boundary between the respective
countries referred to in and provided for by the agreement; and this
acceptance, however, on my part is made subject to the following
express and special understanding, that is: “That all the documents
and papers submitted to me for my action in my official capacity
which are originally in the Spanish language shall be translated
into English by a translator selected by the respective parties,
they being therefore wholly responsible for the sufficiency and
accuracy of the translations, and that all the arguments or
proceedings submitted to me to be acted upon shall be in the English
language.” This condition is affixed by me to my acceptance, because
it seems to me to be essential to enable me to discharge the duties
which the arbitration implies with fairness to both of the countries
involved. I am led further to exact the condition because that
condition literally conforms to what I understand was the agreement
between the representatives of the respective countries when their
representatives did me the honor to call upon me personally in
Washington in June last and inform me of their intention to more
formally notify me thereafter.
With the assurance of the greatest respect, etc.,
