File No. 718.1915/240.
[Inclosure—Translation.]
The Minister for Foreign
Affairs of Panama to Minister Price.
No. S–7456.]
Foreign Office,
Panama
,
July 28, 1915
.
Mr. Minister: I have the honor to
acknowledge the receipt of your note No. 184, of the 31st of May
last, in which you declare that you have been informed by his
excellency the Secretary of State of the United States of America
that both Panama and Costa Rica have presented to that Department
their views in regard to the award made by the Honorable Chief
Justice White in the matter of boundaries between the two countries,
and that, after examination of the respective papers, said
Department is convinced that no exception can be taken to the
procedure followed nor to the findings of the Arbitrator, and that,
therefore, it is hoped that both parties would respect the award;
and that your excellency’s Government could not view with
indifference the rejection of that award by either party, because
this would imply a lack of respect for the principle of arbitration
as a means of solving international disputes, or for the high
tribunal to which this dispute was submitted; and in conclusion
offering the good offices of the Government of the United States to
the effect that both parties come to some agreement in order to
regulate definitely and satisfactorily the question of boundaries,
until after Panama indicates its willingness to accept the
award.
In reply, permit me, in the first place, to dwell upon that which the
Minister of Panama accredited to the Government of your excellency
declared to the Department of State on making known the opinion of
my Government with respect to the award made by the Honorable Chief
Justice White; that is, our conclusions in no way signified any
undervaluation of the institution of arbitration nor of the high
official who presides over the highest tribunal of the United States
of America.
The Republic of Panama has professed since its foundation the
greatest respect for the principles of arbitration. This was
demonstrated, first, by including in its Constitution the decision
of President Loubet in spite of the fact that Colombia and Costa
Rica had not been able to agree upon on this matter; it was also
demonstrated at the signing of the Porras-Anderson Convention with
Costa Rica which gave rise to the last arbitration, by its opposing
the grant to the Arbitrator of powers other than those necessary to
interpret the Loubet Award, because any course would have been
equivalent to annulling it, thus undervaluing the principle of a
binding arbitration. It was with this very purpose—not to impair the
principle of arbitration—that Panama has declared that she does not
feel obliged to accept the award of the Honorable Chief Justice
White, since in place of interpreting the Loubet Award, as had been
agreed upon, it has resulted in annulling and modifying it.
The declaration made by Panama does not, furthermore, imply any lack
of respect for the high official to whom this dispute was submitted,
since it does not imply any lack of respect for a tribunal to appeal
from the decision rendered on account of a belief that the judge has
exceeded his powers.
Having made this clear, it remains for me to say to your excellency
that my Government is very grateful for the kind offer made by the
United States of America, which goes to demonstrate again the
interest always taken by the great Republic in matters referring to
the well-being of the American nations and especially that of
Panama.
As your excellency knows, my Government in order to demonstrate its
good will to settle this matter in a satisfactory and definite way,
and by making a real sacrifice considering the financial situation
of all nations by reason of the conflict in Europe, has recently
accredited a Minister near the Government of Costa Rica; and there
is no doubt that, by means of the good will shown on both sides, the
two Republics will soon be able to arrive at a complete settlement
of their boundary dispute.
Unfortunately, the Minister referred to, Dr. Don Santiago de la
Guardia, has had to leave Costa Rica for a few days, due to the bad
state of his health; and direct negotiations can be renewed only
when he has been reestablished in his post.
The Government of your excellency could in the meantime contribute to
the solution of the matter by means of its good offices, and our
gratitude would be lasting if it would abet us in the sense that in
case Panama accept the award of [Page 1152] Chief Justice White in the region of the
Atlantic, due compensation shall be given it in the Pacific.
In transmitting again to the Government of the United States, through
the worthy medium of your excellency, our sincerest thanks for its
good will toward Panama, allow me [etc.]
