File No. 419.11D29/118.
I herewith transmit one of the two originals of the protocol which
was concluded, and a copy of same.
I send also, a copy and translation of a Foreign Office note received
on yesterday from Señor Lefevre, bearing date of November 23.
[Inclosure 1.]
Treaty Series No. 620.]
Protocol between the United States and Panama
concerning the determination of the amount of damages caused
by the riot at Panama City, July 4, 1912.
PROTOCOL.
The Government of the United States of America and the Government
of the Republic of Panama, through their respective
Plenipotentiaries, His Excellency, William Jennings Price, Envoy
Extraordinary and Minister Plenipotentiary to Panama, on the
part of the United States, and His Excellency, Ernesto T.
Lefevre, Secretary of Foreign Affairs, on the part of the
Republic of Panama, being duly authorized thereto, have agreed
upon and concluded the following protocol:
Whereas, the Government of the United States claims indemnities
for the death and injury of American citizens in a riot which
occurred in Cocoa Grove, Panama City, July 4, 1912, and
Whereas, the Government of Panama has agreed, in principle, to
the payment of such indemnities irrespective of the
circumstances affecting the riot; and
[Page 1184]
Whereas, the two Governments have been unable to agree upon the
amounts of such indemnities, and have concluded to submit to
arbitration the determination of the amounts to be paid by the
Republic of Panama, it is, therefore agreed as follows:
article i.
The High contracting parties agree to submit to His Excellency W.
L. F. C. van Rappard, Envoy Extraordinary and Minister
Plenipotentiary accredited by the Government of the Netherlands
to the Governments of the United States and Panama, the
determination of the amount, of damages to be paid for each one
of the American citizens killed and for each one injured as a
result of the riot, and agrees that he shall award the amounts
so determined against the Government of Panama.
article ii.
His Excellency W. L. F. C. van Rappard shall determine the
amounts of such damages upon such papers as may be presented to
him by the Secretary of State of the United States and the Envoy
Extraordinary and Minister Plenipotentiary of the Republic of
Panama at Washington, respectively, within live months from the
date of the signing of this agreement, but it is expressly
understood and agreed that such papers shall relate only to the
amount of damages to be paid.
The case shall then be closed unless His Excellency shall call
for further documents, evidence, correspondence, or arguments
from either Government, in which event, such further documents,
evidence, correspondence or arguments shall be furnished within
sixty days from the date of the call. If such documents,
evidence, correspondence or arguments are not furnished within
the time specified a decision in the case shall be given as if
they did not exist.
The entire case of each Government shall be presented in
writing.
article iii.
A reasonable honorarium to His Excellency W. L. F. C. van Rappard
shall be paid by the Government of Panama.
article iv.
The decision of His Excellency W. L. F. C. van Rappard shall be
accepted as final and shall be binding upon the two
Governments.
In witness whereof, the undersigned have hereunto signed their
names and affixed their seals.
Done at Panama the 27th day of November 1915.
Wm. Jennings Price
, [
seal.]
E T Lefevre
[
seal.]
[Inclosure 2–—Translation.]
The Secretary for Foreign
Affairs to Minister Price.
No. S–8458.]
Foreign Office,
Panama,
November 23,
1915.
Mr. Minister: I have the honor to
acknowledge receipt of the courteous note of your excellency,
No. 258, of the 6th instant, in which it is communicated to me
that the Honorable W. L. F. C. van Rappard, Minister of The
Netherlands to the United States of America and to Panama,
consents to act as arbitrator to determine the amount of the
indemnities that have to be paid by the Government of Panama by
reason of the death and wounding caused to American citizens in
the riot which took place in the city of Panama on the 4th of
July, 1912, and together with which your excellency has the
goodness to include a draft of a protocol of submission to
arbitration, which the Government of the United States has
authorized you to sign in its name.
In response, it is a pleasure to me to manifest to your
excellency that the President of the. Republic has authorized me
to sign the draft referred to in the name of Panama, and as said
document is to be set forth in the English and Spanish
languages, I attach to this writing the translation in order
that your
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excellency
may compare it with the English original and give it your
approval, in order to proceed with the signing.
I avail [etc.]
