Mr. Barrett to Mr.
Hay.
American Legation,
Panama, August 2,
1904.
No. 8.]
Sir: I have the honor to inclose copies of the
protest addressed to me by the minister for foreign affairs in the port
matter of the Panama Government, and of my reply thereto. * * *
I have, etc.,
[Inclosure
1.—Translation.]
Mr. Arias to
Mr. Barrett.
Department of Foreign Relations,
Panama, July 28, 1904.
Mr. Minister: On account of the opening of
ports in the Panama Canal Zone and the consequent acts executed by
the authorities of that territory and by the agents of navigation
companies and the captains of ships, there have arisen grave
difficulties and an outlook extremely deplorable in every way for
the future life of the Republic of Panama, which, as an independent
and sovereign State, has the right to be respected even by the most
powerful nations in the world, and by the United States of America,
to which Panama is a natural ally, and the Republic of Panama has
not only the right to expect common respect, but more especial and
deferential treatment than that which she has received.
The treaty of November 18, 1903, can not and should not serve as a
pretext for unusual tendencies; it is really a bond of perpetual
union between the two nations, upon which the eyes of the universe
are fixed with the expectation of the great benefit which the world
has every right to look forward to. Starting, then, with this sane
conception, my Government can not accept the idea that the opening
of the said ports was in obedience to the orders of your
excellency’s Government, but to the erroneous interpretation of the
respective treaty on the part of the authorities of the canal zone;
but be it as it may, the acts accomplished are highly alarming,
because they impair the interest and lessen the dignity of the
Republic, and on this account I take this opportunity to present to
your excellency a most courteous but solemn and energetic protest
against such acts and those acts which can be accomplished while the
illustrious Government of your excellency does not take the steps
which such an exceptional situation demands.
I take, etc.,
[Inclosure 2.]
Mr. Barrett to
Mr. Arias.
American Legation,
Panama, August 1,
1904.
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s esteemed note of July
28, in which you protest against the opening of the ports in the
canal zone and the consequent acts executed by the authorities of
that territory. A copy thereof has been delivered to Governor Davis
and
[Page 594]
another copy will be
forwarded in the first mail to the Department of State at
Washington.
While reserving for another time the discussion of the issue
involved, beyond assuring your excellency that this protest shall
have my careful and thoughtful consideration, I beg to call your
valued attention to two observations in your communication.
In the first portion of your excellency’s note, if my translation is
correct, you say that the Republic of Panama has not only the right
to expect common respect, but more especial and deferential
treatment than that which she has received from the United States.
In view of the intimation implied in these words, I must observe, on
behalf of my Government, that an honest and sincere interpretation
of its rights under a convention and the acts which it regards as
legitimate under the same should not be arbitrarily classed by the
other nation, which is party to the treaty, as showing lack of
respect or deference for the latter.
Again, your excellency sees fit to state that your Government can not
accept the idea that the opening of the said ports was in obedience
to the orders of my Government, but rather due to the erroneous
interpretation of the respective treaty on the part of the
authorities of the canal zone. On this point I have only to say in
justice to such authorities of the canal zone that they acted in
accordance with orders from Washington, copies of which, I believe,
Governor Davis placed in your excellency’s hands soon after they
reached Panama.
Whatever may be the difference of opinion between our respective
governments, I take pleasure in saying to your excellency that you
will always find me ready not only to discuss with you in complete
fairness and frankness all questions at issue, but to report
impartially thereon to my Government at Washington.
I seize, etc.,
