The Secretary of State refers to the Department’s telegram No. 62 dated
August 16, 1939, 5 p.m.,4
and transmits the text of a statement made by the President at the time
of giving his approval to H. R. 5129.
The Ambassador is authorized to transmit a copy of the text of this
statement to the Panamanian Government for its information.
[Enclosure]
Statement by President Roosevelt on Approving H.
R. 5129, August 11, 1939
In view of the special relationship which exists between the United
States and Panama on account of the Panama Canal, the Canal
administration and the Panama Railroad Company have for many years
granted facilities for employment to Panamanian citizens which were
not generally extended to the citizens of other countries.
The Order of the Secretary of War dated December 23, 19085 and the Executive Orders of February 2,
19146 and
February 20, 19207 extended
to Panamanian citizens, with respect to the higher paid categories,
opportunity for employment and treatment in employment equal to that
extended to American citizens.
Accompanying the General Treaty between the United States and Panama
signed March 2, 1936 and ratified July 27, 1939 is an exchange of
notes between the two Governments by which the United States has
agreed to maintain as a principle of public policy the opportunity
for employment and treatment in employment of Panamanian citizens
which is set forth in the Order and Executive Orders noted
above.
A provision of H. R. 5129 authorizing and providing for the
construction of additional facilities on the Canal Zone, etc.,
provides “that all new personnel in such construction work occupying
skilled, technical, clerical, administrative, and supervisory
positions shall be citizens of the United States”. It is my opinion
that this provision is at variance with the policy to which this
Government pledged itself in its note to the Government of Panama of
March 2, 1936, the date of the signing of the General Treaty, since
the Order and Executive Orders specifically provided equal
opportunities for employment for Panamanian citizens in the very
categories in which employment would be denied them under the quoted
provision of H. R. 5129.
The new Treaty was negotiated to provide a firm basis for friendly
and effective collaboration between the two Governments in order
that the Canal might fulfill in the most ample sense its functions.
With the exchange of ratifications of that Treaty, the United States
and Panama entered into a new stage of their relationship. This
relationship will be advantageous and enduring to the extent that
each party cooperates loyally and fully in the observance not only
of the letter but of the spirit of that Treaty.
[Page 751]
I am giving my approval to this important bill which by authorizing
the construction of a third set of locks will enhance not only our
own security but that of this hemisphere. I propose, however, to
request the Congress at its next session to amend the present law so
as to bring it into conformity with the commitments entered into
with Panama which pledge to the citizens of Panama opportunity and
treatment in employment in the Canal administration and the Panama
Railroad Company equal to that offered to citizens of the United
States.
