File No. 419.11H23/34.
The Legation will devote all due attention and energy to the prosecution
of this claim.
[Inclosure.]
Minister Price to
the Secretary for Foreign Affairs.
No. 103.]
American Legation,
Panama,
September 8, 1914.
Excellency: Under instructions from my
Government I have the honor to bring to your excellency’s attention
certain conclusions reached by the Department of State with respect
to the case of William T. Harrington, based upon an earnest
consideration of your excellency’s note No. S–2105 of September 20,
1913, and a thorough examination of the testimony in full in this
case.
In view of the reference made by your excellency in said note to the
conflict of testimony taken by our respective Governments and the
expression of opinion that the testimony of the witnesses taken on
behalf of Panama outweighed that developed in the investigation made
by my Government in this case, my Government has taken much care in
its review and examination made herein.
After this careful consideration the Department of State finds itself
unable to agree with your excellency respecting this testimony and
makes the following observations, which I respectfully submit to
your excellency, namely:
[Here follows a complete quotation of the Department’s instruction
No. 58 of July 8, from the paragraph beginning “The Minister for
Foreign Affairs of Panama seems to base his conclusion, etc.,” to
the end of the extract from the findings of the board of
investigation.]
I am, therefore, directed most earnestly to represent to your
excellency that my Government from its further investigation and
consideration of this case is more than ever convinced that, in the
first place, the penalty imposed upon Mr. Harrington was excessive
and out of all proportion to the character of his offense, the theft
of one bottle of ginger ale; and that, second, the cruel treatment
to which he was admittedly subjected and which, would seem to be
sufficient in itself to lead your excellency’s Government to proffer
suitable reparation, was a factor which contributed very materially
to the death of the prisoner and the consequent loss to his widow of
the benefit of his support.
I am also instructed to say that my Government cannot view
complacently such cruel and inhuman treatment of its citizens by the
authorities of any Government, neither can it admit that the mere
discharge from his position of an official who is guilty of such
shocking misconduct can atone for the suffering endured by an
American citizen who was unfortunately for the time being under the
authority of an official of this character.
My Government, therefore, desires me to express the feeling of hope
and confidence which it entertains that your excellency’s Government
will recognize in this case an opportunity to demonstrate its
abiding sense of justice and equity and its refusal to condone such
acts as those complained of, by making all reparation as far as
possible adequate for the suffering and losses consequent upon this
unfortunate occurrence.
I feel sure that your excellency will, moreover, concur with my
Government in its opinion, which I am directed to convey to your
excellency, that in view of the protracted discussion to which this
case has given rise it is highly desirable to the interest of
justice that as early a completion of this matter as possible should
be consummated.
I avail [etc.]
