The Secretary of State to Chargé Weitzel.
Washington, March 12, 1910.
The Secretary of State directs the legation to deliver the following message at once and in its exact form as coming directly from the Secretary:
His Excellency Samuel Lewis, Minister for Foreign Affairs: From numerous conferences, to which I have given my most careful personal attention, there has resulted a draft convention, which, in the well-considered and final judgment of the Government of the United States, is entirely just and equitable, and amply responsive to every legitimate claim of Panama, and while duly considerate of the views of Costa Rica sacrifices no right of Panama.
I to-day informed both plenipotentiaries that, this being so, unless this convention was accepted any further continuance of the good offices of the United States to bring about arbitration by the Chief Justice, as requested, would be futile and impossible. The plenipotentiary of Costa Rica, who has throughout displayed the greatest patience and a most conciliatory spirit, thereupon announced his preparedness to sign the convention. Dr. Porras promised to lay the matter before you and ask instructions immediately by cable. The next and last meeting of the plenipotentiaries has been fixed for Wednesday the 16th instant at 10 a.m. for the sole purpose of the communication of acceptance or rejection by Panama.
Article I of the draft is as follows:
The Republic of Panama and the Republic of Costa Rica, although they consider that the boundary between their respective territories designated by the arbitral award of his excellency the President of the French Republic the 11th of September, 1900, is clear and indisputable in the region of the Pacific from Punta Burica to a point beyond Cerro Pando on the Central Cordillera near the ninth degree of latitude, have not been able to reach an agreement in respect to the interpretation which ought to be given to the arbitral award as to the rest of the boundary line; and for the purpose of settling their said disagreements agree to submit to the decision of the honorable, the Chief Justice of the United States, who will determine in the capacity of arbitrator the question: What is the boundary between Costa Rica and Panama under and in accordance with the correct interpretation and true intention of the award of the President of the French Republic made the 11th of September, 1900? In order to decide this the arbitrator will take into account all the facts, circumstances and considerations which may have a bearing upon the case, as well as the limitation of the Loubet award expressed in the letter of his excellency, Monsieur Delcasse, Minister for Foreign Relations of France, to his excellency Señor Peralta of November 20, 1900, that this boundary line must be drawn within the confines of the territory in dispute as determined upon by the convention of Paris between the Republic of Colombia and the Republic of Costa Rica of January 20, 1886.
Article VII reads:
The arbitral award, whatever it be, shall be held as a perfect and compulsory treaty between the high contracting parties. Both high contracting parties bind themselves to the faithful execution of the award [Page 815] and waive all claims against it. The boundary line between the two republics as finally fixed by the arbitrator shall be deemed the true line, and his determination of the same shall be final, conclusive, and without appeal, and the Commission of Survey shall thereafter proceed to mark the line permanently in accordance therewith, under the direction of the said arbitrator.
To Article I Dr. Porras suggests adding the following:
And if at any point the boundary line, as specifically described in said award, would otherwise go beyond the confines of said disputed territory, the line of said disputed territory shall constitute the boundary line from such point to the point where next it intersects the line specifically described as the boundary in said award.
The Secretary then went on to say that the survey was thoroughly provided for and that other articles provided for general procedure; that he (the Secretary) believes that Minister Lewis can not fail to agree with him that the addition suggested by Dr. Porras is immaterial and unnecessary, in view of the two vital provisions—that is, Articles I and VII—above quoted. The Secretary adds further that to insist upon it will surely involve the rejection of the convention by Costa Rica and responsibility for the utter failure of these negotiations.
The Secretary adds that he especially desires Minister Lewis personally to appreciate the situation, realizing, as he will, the extreme gravity of a decision, which, if failing to provide for arbitration, would leave this question pregnant with embarrassing possibilities which will inevitably involve the United States and necessarily deepen the recognition of the status quo.