Papers Relating to the Foreign Relations of the United States, 1921, Volume I

718.1915/539: Telegram

The Minister in Panama ( Price ) to the Secretary of State

Panama , August 6, 1921—3 p.m.
[Received August 7—11 a.m.]

130. Panaman Minister for Foreign Affairs now responds to note of Legation of last Tuesday pursuant to Department’s telegram 61, August 1, 6 p.m.

“In response to said note I have the honor to declare to Your Excellency the following:

1. That the convention celebrated in Washington between the plenipotentiaries of Panama and Costa Rica, Dr. Belisario Porras and Licentiate Don Luis Anderson, is not a boundary treaty but a mere arbitral pact.

2. That the declaration that the frontier traced by President Loubet is clear and indubitable from Punta Burica to Cerro Pando is the simple enunciation of a fact which does not deteriorate [sic] the right of Panama to continue occupying the region as far as the jurisdictional status quo line defined in a precise manner since 1880 and maintained before and after that date.

3. That if the declaration to which I refer in the preamble had had for its purpose to transfer to Costa Rica the territory situated to the west of the Punta Burica line, such transfer should have taken place from 1910, year in which the arbitral pact was celebrated; and there would be no possibility of explanation [justification?] for the tacit agreement of Costa Rica and of the United States, mediator between the two nations, with [for?] the occupation of that territory by Panama from 1910 until 1920, year in which took place the armed attack carried out by Costa Rica in a sudden manner and with no antecedent which could cause it to be anticipated.

4. That the arbitration agreed upon by the Porras–Anderson Convention has been carried to an end already and terminated by an award which unfortunately has resulted ineffectually in deciding the question of boundaries on account of the honorable arbitrator not having decided the question which was submitted to his decision.

5. That the award pronounced in the agreed arbitration being null the arbitration convention fell into disuse ipso facto and ipso jure and is therefore incapable of producing any effect.

6. That the Anderson–Porras Convention having lapsed the formal demands which the Government of Costa Rica makes are contrary to law; therefore Government of Panama declares that it does not accede to them, declares likewise that it will not consider itself affected by any acts whatever which may be exercised by an assumed demarcation commission constituted without its cooperation and its consent, and proclaims once more its right to continue occupying the region situated to the west of Punta Burica until the question of frontiers may be adjusted in some form which has juridical efficacy emanating from the sovereign will of the interested nations.”

Price