711.1928/330: Telegram

The Chargé in Panama ( Burdett ) to the Secretary of State

14. President Arias said to me yesterday that he felt he would be rendering a disservice if he refrained from making clear that he could not agree to two points in the proposed new treaty, namely, article II, and what he termed a clause providing for unlimited Panamanian cooperation with the United States in the event of war. He said that these two provisions would enable his opponents in Panama to tear the treaty to pieces.

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The Legation is inclined to share the opinion of Dr. Arias that the local sentiment has become receptive to a treaty. He said that he held no doubt that a treaty which he could instruct his plenipotentiaries to sign would be ratified by the Panamanian Assembly at a special session. He felt, however, that the incorporation of the two points mentioned would enable Rivera Reyes and other refractory radicals to foment enough public sentiment against the treaty to cause its rejection, and that rather than include points so vulnerable to attack it would be preferable frankly to suspend negotiations.

The Legation feels that the objections to the present draft are possibly valid in some respects and are not made entirely with a view to extort further concessions from the United States. The Legation is not assured that President Arias would indeed sacrifice the treaty because of article II, but he appears to be in earnest. If the fate of the treaty should depend on article II, the Legation believes that the Department might well consider such modifications in the draft as would safeguard our needs rather than our rights and at the same time avoid injuring Panamanian pride.

It seems that the first sentence of article XI regarding Panamanian cooperation for the defense of the Canal might, for every practical purpose, be eliminated without appreciable detriment to our future military position on the Isthmus of Panama.

It is suggested that the proposed note relating to article II or article II itself might be modified in the sense that the rights for future acquisitions by the United States be limited specifically to “such waters as may be conveyed by their present flow to the present Canal waters and such material aid as may become needed for military works essential to the defense or protection of the Canal”.

A report of the conference with the President will be forwarded by air mail.9

Burdett
  1. Supra.