File No. 819.77/132.

The American Minister to the Secretary of State.

No. 194.]

Sir: I have the honor to acknowledge the receipt of the Department’s telegram of August 22 in reply [etc.]

I immediately communicated the substance of the Department’s telegram to the Panaman Government in a note, of which I enclose a copy, which I handed personally to Señor Chiarí. Señor Chiarí informed me that he was not aware of this new provision as these negotiations were being conducted by Señor Carlos Constantino Arosemena, Minister of Public Works. To-day I have received a reply from Señor Chiarí of which I also enclose a copy and translation. It will be observed that in this note Señor Chiarí renews the verbal assurances reported in my Despatch No. 187, referred to, that this contract if signed “will be wholly in accord with the indications of the Government of the United States.”

I have [etc.]

H. Percival Dodge.
[Page 1205]
[Inclosure 1.]

The American Minister to the Minister for Foreign Affairs.

No. 248.]

Excellency: Referring to a recent conversation with your excellency in which your excellency informed me that his excellency the Minister of Public Works was considering the advisability of signing the contract with Messrs. J. M. Hyatt and R. Wilcox relative to the construction of a railway from Antón to Santiago via Nata and Aguadulce with a branch line from Antón to Penonomé, mentioned in my note to your excellency of June 3rd last and to the assurances which your excellency then gave me that this contract, if signed, would, of course, conform entirely with the conditions set forth in my note just mentioned, I have the honor to inform your excellency that it has since then come to my knowledge, from an apparently trustworthy source, that in the contract now being considered there has been substituted for the provision relating to the hypothecation of the annuity of $250,000 to be received from the Government of the United States, another provision granting a portion of the interest of the sum of $6,000,000 now invested by the Panaman Government in New York as security for the bonds to be issued for the construction of this railway.

My Government accordingly desires me to inform your excellency, for your excellency’s information, that it has not acquiesced in the substitution mentioned and further that the proposed concessionaries of this contract did not present any such proposition to the Department of State.

I avail [etc.]

H. Percival Dodge.
[Inclosure 2.—Translation.]

The Minister for Foreign Affairs to the American Minister.

No. 2771.]

Mr. Minister: I have the honor to acknowledge the receipt of your excellency’s esteemed communication No. 248 of yesterday’s date, of which I have noted the contents, then referring it to the Minister of Public Works for him to take note of the declaration which your excellency makes relative to the new clause which, according to the information you have, has been introduced into the proposed contract with Messrs. Hyatt and Wilcox, concerning the construction of a railway from Anton to Santiago with a branch from Antón to Penonomé.

I avail of this opportunity to confirm to your excellency the declaration which I have already made to you, that if this contract is signed it will be wholly in accord with the indications of the Government of the United States.

I avail [etc.]

Eduardo Chiarí.