File No. 419.11D29/90.
This note is the first and only formal response to my note No. 146,
of March 12 last, copy of which was sent to the Department with
despatch No. 440 of the same date. While it contains the first offer
to be made in a formal manner to pay damages herein, it will be
noted that its proposals in our favor do not go beyond those stated
by the President of Panama informally to me, as having been decided
upon by them as far back as September last. The summary of my
conference
[Page 1172]
with
President Porras in this matter was transmitted with despatch No.
286 of September 26, 1914.
Contrary to a statement contained in the note of May 30 last, that
the present administration in furtherance of a desire to retain the
friendship and esteem of the United States had discharged all the
policemen who were on duty on July 4, 1912, Señor Lefevre in the
present note admits that some of them are still in the service. I
very much suspect that this admission is made in the hope of thereby
offsetting to an extent a charge anticipated from us in the same
matter. I obtained, promptly after the mêlée on February 14 last, in
the Cocoa Grove district, the names of all policemen on the rolls in
this city at that time, and, as heretofore reported, have been
promised from a reliable Panaman source for some weeks a list of
those now on the force, who were connected with it at the time of
the 4th of July, 1912, affair, and I doubt not that Señor Lefevre
has heard of the efforts of the Legation along this line.
In looking over the file in this case there are found referred to
here and there in the evidence the names of the following policemen
bearing names of the same as among the present force, who were
connected with the organization at the time of the said riot July
4th, the first named having been wounded on that occasion: Juan
Muñoz, Manuel de J. Castro, Rafael Puga, Celestino Cubilla, Isaias
Pérez. I doubt not that there are quite a number of others. In view
of the foregoing and the vulnerable record already made up by Panama
in its handling of this affair, it would seem that there would exist
very meager reason for the Panaman authorities now to appeal for
favor in the matter of arriving at the amount of indemnities to be
paid. I would call attention to the likelihood of the selection of
an arbiter to name the amount occasioning practically a rehearsal of
the whole extensive case before him entailing undoubted delay, and
that the proposal seems to be purposely prefaced with a recital of
considerations claimed due to Panama, which in all likelihood would
be insisted upon by Panama being considered by the arbiter.
[Inclosure—Translation.]
The Secretary for Foreign
Affairs to Minister Price.
S–6439.]
Foreign Office,
Panama,
April 24, 1915.
Mr. Minister: Entertaining a sincere
and earnest desire that there may be no alteration of the
cordial relations between the Government of Panama and the
Government of the United States of America, existing since our
nation started on its independent life and bound itself to your
excellency’s Government with ties of close friendship and
interests of a permanent nature, the regret has been deep and
the uneasiness genuine for the events of July 4, 1912, in the
Cocoa Grove district of this city, where two American citizens,
one a soldier from the Canal Zone, died, and others of the same
nationality, as well as certain Panamans who formed part of our
national police force, were wounded. I am able to make this
statement with certainty, in so far as it refers to the present
administration, presided over by Doctor Belisario Porras, who
most sincerely wishes to show on every occasion to the
Government of your excellency the highest consideration and the
very friendly feeling our country has for the great American
nation.
Notwithstanding these sentiments, which I am glad to reiterate,
the Government of the United States through your excellency has
made very strong
[Page 1173]
reproaches of my Government, accusing it of neglect of its
international duties toward itself and of not giving due
consideration to the claims arising out of the disturbances of
July 4, 1912, affirming that the Panaman authorities have
displayed neither activity nor zeal for ascertaining the
principals and accessories responsible for the deaths and wounds
caused in that affair and punishing them. These charges were
made by your excellency in his note No. 146 of March 12 last,
which I have not answered before because I wished to be able to
communicate to your excellency some definite statement by my
Government showing the purpose it always has had of ending this
vexatious question in a way satisfactory not only to the
Government of your excellency but also to the demands of
justice.
I also desired to await the decision of the Judicial Power of the
Republic, which has, according to the Penal Law, the right to
follow up and punish the guilty ones.
But, as your excellency will not deny, judicial proceedings in
every country are slow, especially when the case, like the one
to which I refer, is full of complications involving many
persons. The Government of your excellency has not interpreted
this aspect with justice since it considers the delay
intentional. On the contrary they have also made my own
Government impatient and anxious to end this serious matter.
That is why, today, without waiting for the decision of the court
in regard to the affair of the 4th of July, 1912, and in
accordance with instructions from the President of the Republic,
I communicate to your excellency the answer of my Government to
the demands presented by the Government of your excellency in
notes Nos. 249, 251 and 255 of August 23 and 31, and September
25, 1912, for damages received by American citizens in the
regrettable affair. These demands are:
- 1.
- Dismissal of Messrs. Julio Quijano and of Franklin de
la Ossa from their positions as Commandant and Captain
of the National Police.
- 2.
- That the Government of Panama punish as they deserve
the individuals proved criminally responsible in the
matter.
- 3.
- That, the Government of Panama pay an indemnity for
the death of two American citizens and for the wounds
inflicted on others of the same nationality.
- 4.
- That the Government of Panama formally express to the
Government of the United States of America its regret
for this deplorable matter, unless it is ultimately
shown that the character of the incident is different
from that which was attributed to it at the time.
I should say to your excellency that notwithstanding the
conviction that the Government of the United States should now
have that the fight of July 4, 1912, was not premeditated by the
Panaman police, nor started by them, but by American soldiers
and marines, as shown by the evidence presented in the prolonged
investigation made by American and Panaman officials, my
Government sincerely and deeply regrets these unfortunate
occurrences, which cause damage to both countries and have an
unpleasant effect on the excellent relations which unite
them.
The payment of indemnity is an exaction which my Government
thinks excessive and little conforming with the consideration
which we might justly merit from a friendly and immensely
powerful nation that prides itself on being our protector and
counsellor; a nation that knows the limited resources at the
disposal of this little nation, and which is morally affected,
for that reason, by the obstacles and misfortunes which our
Republic finds in the path of progress. Nevertheless, and in
spite of the fact that the only substantial accusation which
could be made against the police of Panama is that they perhaps
were excessively rigorous in the repression which they had to
use upon the American starters of the affray, my Government will
agree to pay the indemnity if the Government of your excellency
will not desist from that severe demand.
In the matter of the punishment of the persons who may be found
guilty of causing the death and the wounding of American
citizens, my Government will continue rigorously to apply the
penal laws and will seek to hasten judicial action.
There is an important fact to which I desire to call the
attention of your excellency as an example of our willingness to
act justly in this matter. In the sentence of the court of first
instance given on April 27, 1914, by the Superior Judge of the
Republic, it was established that policeman Florencio Casiano
had wounded a soldier, and that this policeman paid the penalty
by being imprisoned and dying shortly before the sentence was
pronounced.
[Page 1174]
Much time has passed since the events of July 4, 1912, and
Messrs. Julio Quijano and Franklin de la Ossa are not members of
the Panaman Police; the greater part, indeed, of those who were
officers and plain policemen of that body at that time are no
longer members. My Government considers that the Government of
your excellency has been amply satisfied in the first of its
demands, because anticipating his dismissal, Commandant Quijano
voluntarily resigned from his post and Captain de la Ossa and
the other officers who directly or indirectly were concerned
were dismissed by the Executive Power on different dates during
the previous administration or this one.
To determine the indemnities which are to be paid, supposing that
the Government of your excellency will not change its attitude
in this matter, and taking into account the evidence of the
turbulent conduct of the American soldiers and marines on July
4, 1912, the duty which the Panaman police had of suppressing
riots started by those Americans and protecting the residents of
Cocoa Grove against them, the initiative taken by the American
soldiers and marines against the Panaman police on duty in that
district, the wounding not only of American citizens but also of
Panamans of the National Police Force, and, finally, that for
this reason the rights of both Governments are on the same
footing, I request your excellency to transmit to the Secretary
of State of the United States of America the following
proposal:
That a diplomatic representative of some friendly nation
accredited in Panama, chosen freely by the (government of your
excellency, determine the amount of the indemnity which Panama
should pay for each one of the citizens killed and for each one
of the citizens wounded in the riot of July 4, 1912.
If the Government of your excellency accepts this formula of
settlement, which I consider equitable, the arbitral agreement
could be drafted and signed, binding the parties to respect and
fulfill the decision to be rendered.
I avail [etc.]
