Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 5, 1916
File No. 319.1123L25/44
Minister Price to the Secretary of State
Panama , May 8, 1916 .
Sir: Relating further to the investigation by Panama of the Colon riot of April 2, 1915, I have the honor to enclose copy and translation of a response from the Panaman Foreign Office to my note, which was an enclosure with my despatch No. 922 of May 6, 1916. I shall furnish a copy duly to the Military Commander of the Canal Zone.
I have [etc.]
The Secretary of Foreign Affairs to Minister Price
Mr. Minister: I have the honor to acknowledge the receipt of your excellency’s kind note No. 301 of the 5th instant concerning the inquiry instituted into the deplorable events which took place in the city of Colon on April 2, 1915.
In reply it affords me pleasure to say to your excellency that the identifications to which you refer are now completed and that the report has been returned today to the Superior Court by Governor Fernandez who had charge of the inquiry. The Acting Superior Judge, Dr. Don Damaso Cervera, is to decide now on the merits of the proceedings after hearing the opinion of the attorney of the Superior Court, Don Evaristo Almengor.
As soon as I have knowledge of the hearing of the attorney and of the order that may be issued by the Acting Superior Judge it will afford me pleasure to forward copies thereof to your excellency, being unable to do likewise with the report of Governor Fernandez, which Brigadier General C. R. Edwards wishes to know, because there is no such report; under our laws, however, the examining magistrate confines himself to taking depositions and carrying out the proceedings that have been put in charge without expressing an opinion; so that which Governor Fernandez delivered to the Superior Court is the report in which the depositions taken by him and the journals of the identifications are recorded.
In order that your excellency may form an idea of the interest taken by my Government in having this lamentable matter decided in accordance with the dictates of justice and in visiting condign punishment on the guilty without mitigation of any kind, I take the liberty of enclosing copies of the letters sent by me to the Acting Superior Judge and to the attorney of the Superior Court.
I have [etc.]
The Secretary of Foreign Affairs to the Attorney of the Superior Court
Panama , May 9, 1916.
Mr. Attorney: I forward herewith to you a copy of the note sent by the American Minister with regard to the inquiry instituted into the event that took place at Colon on April 2, 1915.
As the inquiry which Governor Fernandez had been ordered to conduct is now completed and the report of proceedings was delivered today in the Superior Court, as I understand, and you have to hand down an opinion thereon, I venture to remind you that the Government is especially interested in having full justice done in this matter and punishing without any mitigation those who may be found guilty of the offenses committed on that date. [Page 936] The good name of justice is involved in it, and, for that reason, I hope that you as representing the prosecuting department will avail yourself of all the evidence that appears in the report, and of all the other elements that you may use and will ask for the indictment of the person or persons who may be found guilty, and, if there was not enough evidence therefor, which I do not think probable in view of the statements made by the American authorities, you will ask that the proceedings that you may deem proper be carried out for bringing about an early light on the facts and the resulting punishment on those who may be responsible.
I avail [etc.]
Sr. Lefevre to Sr. Cervera
Dear Friend: I take the liberty of forwarding herewith to you a copy of the translation of a note sent me by the American Minister on the subject of the proceedings set on foot on account of the events which took place in Colon on April 2, 1915, on the merits of which you are called upon to decide as the Acting Superior Judge. The inquiry ordered by Governor Fernandez has already been delivered to the Court, as I understand.
The Government is particularly interested in having full light thrown on the event, as a result of which a corporal of the American Army died and several Panaman and American citizens were also wounded and in having the weight of justice fall upon those who may be found guilty. The good name of our country is involved therein since the Government of the United States has charged us with negligence in the performance of our international duties on account of our failure to punish the guilty in other similar instances that previously took place and has even claimed that we are prejudiced against American citizens and so therefore do not punish those who killed or wounded them.
In view thereof, as a Panaman and as your friend, I take the liberty of urging you to bring into play all the evidence that is found in the proceedings carried on in connection with the said disturbances and devote your whole well known intelligence, good will and patriotism in arriving at a clearing up of the events and consequent punishment of the guilty.
The Minister for Foreign Affairs to the Attorney General
Panama , May 9, 1916 .
Mr. Attorney General: I am sending you a copy of a note which the American Minister has sent to me in relation to the investigation commenced regarding the incident which occurred in Colon on April 2, 1915.
As the investigation carried on by Governor Fernandez has now ended and the summary was remitted today to the Superior Justice, as I understand it, and you now have to give your opinion on the matter, permit me to remind you that the Government is especially interested in having full justice done in this matter punishing without moderation of any kind, those who may be guilty of wrongs committed on that day. The good name of justice is compromised in this, and, for that reason, I hope that you, as representative of the Ministry of Justice, making use of all the proofs appearing in the summary and all other elements which can be utilized, will demand the indictment of him or of those who are guilty, and, if there should not be sufficient proof for this, which I do not believe probable, as declared by the American authorities,—you will demand that some agreement be reached which will conveniently consider the quick settlement of these deeds and duly punish those who may be responsible.
I take this opportunity [etc.]
The Minister for Foreign Affairs to the Superior Judge
My Dear Friend: Permit me to enclose a copy of a note sent to me by the American Minister in relation to the investigation of the incidents which occurred in Colon on April 2, 1915, about whose merits you are called to decide, in your character of Superior Judge ad interim. The investigation by Governor Fernandez has already been sent to the Court, as I understand it.
The Government is especially interested in having light on this matter, which resulted in the death of a corporal of the American army, and the wounding of several Panaman and American citizens, and it is hoped that justice will fall on those guilty. The good name of our country is found compromised in it, now that the Government of the United States has accused us of negligence in the fulfilment of our international duties for the reason that no one has been punished for the other similar incidents which have occurred in the past, and that we have discriminated against the citizens of the United States and have not punished them for causing the death and woundings of their citizens.
In view of this, as a Panaman and as a friend of yours, permit me to urge you, to make use of all the proof which may be found in the process of said riot, to dedicate all your intelligent knowledge, good will and patriotism to succeed in clearing up those incidents and consequently punish those guilty.
I take this opportunity [etc.]