Manifesto to the nation by the executive power of the Republic of Panama on the 24th of August 1921 and note of protest to the Secretary of State of the United States of America by the Secretary of Foreign Relations of Panama on special mission to the Washington government on the 24th of August 1921

5

F

1546
B7?2

BANCROFT
LIBRARY

-o-

THE LIBRARY

OF

THE UNIVERSITY
OF CALIFORNIA

'croft Lit

___

MANIFESTO TO THE NATION

by the Executive Power of the Republic of Panama
on the 24th. of August 1921

AND

NOTE OF PROTEST

to the Secretary of State of the United States of America

by the

SECRETARY OF FOREIGN RELATIONS OF PANAMA
on Special Mission to the Washington Government
on the 24th, of August 1921 I

PANAMA

Jmprenta National

I 921

MANIFESTO TO THE NATION

by the Executive Power of the Republic of Panama
on the 24th. of August 1921

AND

NOTE OF PROTEST

to the Secretary of State of the United States of America

by the

SECRETARY OF FOREIGN RELATIONS OF PANAMA

on Special Mission to the Washington Government

on the 24th. of August 1921

PANAMA >
Imprenta Nacional
1921

Union

Washington, D.

Site Hbro se envia en canje
de dupiicados.

B?Pz

MANIFESTO TO NATION

When in the month of February last, Costa Rica inva-
ded our national ^pritory, treacherously and without any
previous immediate diplomatic antecedent but a mission
of cordiality and f%ternity headed by a Plenipotentiary,
the Republic of Panama, unarmed but full of dignity, res-
ponded to a man to repel the invader, and in three actions
punished Costa Rica's audacity, reduced her to impotency
and after that, magnanimously took care of her wounded,
entertained her prisoners and gave them all their liberty.

The United States of America offered its services as
mediator in the conflict and with this mediation accepted
by Panama, hostilities were suspended and diplomatic ne-
gotiations started. The National Government, represen-
ted in Washington by the Secretary of Government and
Justice, made numerous energetic representations before
the American chancellery to demostrate how unjust was
the attitude of Costa Rica not only from a legal point of
view but also in view of the unjustified military invasion,
which was not preceded by a threat, a notification, a re-
clamation or even a demand, after six years of silence
from the date of the last notes exchanged after Panama
proclaimed that the White Award was null and void.

Panama officially declared in October, 1914, inmedia-
tely after the White Award was announced, that this
award was worthless, inasmuch as the mediator, called u-
pon to interpret the Loubet Award, instead declared it void

and non-existent. And this juridical propositon is not
the fruit of blind patriotism, but clearly the consequence
of principles of international law. This is the reason why
we have seen it supported also with their great scientific
prestige by such eminent jurists as the Cuban professor
Dr. Antonio S. Bustamante, the Chilean professor Ricar-
do Montaner Bello and the reputed American lawyers
William Nelson Cromwell, Edward Bruce Hill and Wi-
lliam J. Dulles.

However, the United States Government acting as me-
diator was not conviced by this and in its note of May 2,
1921, which had the character of an ultimatum, notified
the Government of the Republic that the boundary ques-
tion with Costa Rica should be settled in conformity with
the White Award; that Panama should immediately pro-
ceed to transfer to Costa Rica the jurisdiction over the
region occupied on the Pacific side in accordance with the
statu quo, and that if this was not carried out within a
reasonable time "the Government of the United States
would be obliged to proceed as should be necessary for
the purpose of assuring the appropiate transfer of the
exercise of jurisdiction/'

The question was then assuming another phase, becau-
se the mediator government not-only took unto itself the
right to decide upon the validity of an award to which
that Government had not been a party or judge, but it also
assumed the role of executor of an international sentence
because in its opinion it was correct, and threatened us
with coercive measures for its execution, leaving us to the
torture of uncertainty, as the American Government ne-
ver declared what those measures of coercion which it in-
tended taking against Panama would be.

"In view of these circumstances the National Govern-
ment decided to make a supreme diplomatic effort to
obtain an honorable and satisfactory solution of the dou-
ble conflict which the attitude of the United States Go-
vernment created namely the boundary controversy with

Costa Rica, and the differences with the United States
owing to the rights which that country attributed to itself
for the ^purpose of compelling us to accept against our
wish and award juridically ineffective.

To carry out this effort the Government decided to
send the Secretary of Foreign Affairs on a special mission
to Washington, and also decided to send to South America
four plenipotentiary missions accredited to the Republics
of Argentina, Brazil, Chile and Peru, the four Latin Ame-
rican powers who have embassies in Washington.

The object of these missions was to make known to
the peoples of those sister countries the principles and
reasons which served as a basis for the attitude assumed
by Panama in this emergency, which was not the attitude
of a country revolting against the principle of arbitration
as interested and malevolent propaganda sought to demons-
trate, but on the contrary, was of a nation that proclaimed
precisely the principles of that juridical institution which
safeguards weak peoples. In sending these missions the
Government also sought to obtain that the four Latin A-
merican powers, through their embassies in Washington,
should use their good offices as they thought best to help
in the task entrusted to our illustrious countrymen who
made all possible efforts to carry out their missions and
in general the results obtained were satisfactory and co-
rresponded in a greater or lesser degree to the hopes of
the Government.

In Washington the Secretary of Forcing Affairs be-
gun his task by presenting a concise but complete sum-
mary of the arguments with which Panama justified its
attitude, but failed to convince the American State Depart-
ment. Encouraged by the same Department to enter in-
to direct negotiations with the representative of Costa Ri-
ca, he initiated conferences with the latter with the object
of reaching a direct agreement, but bery soon it was seen
that Costa Rica did not show a sincere desire to reach an
honorable arrangement but wished the imposition of its

extreme pretentions; in the opinion of Costa Rica the set-
tlements did not have any other purpose than to carry out
the necessary measures for the execution of the award
repudiated by us. Consequently it was necessary* to aban-
don all hope of reaching a direct agreement with Costa
Rica and the negotiations were ended.

As the United States by assuming the rights of execu-
tors of the White Award created a diplomatic conflict
with Panama that could only be solved through peaceful
arbitration or by means of force, Panama invited the Uni-
ted States to submit the controversy existing between the
two countries to the Permanent Court of Justice of The
Hague. But the United States refused this arbitration,
declaring that they were not a party in the conflict.

Panama then, in view of the fact that Costa Rica is a
member of the League of Nations and that she has signed
the Arbitration Convention of The Hague, invited her to
submit the present difficulty to the civilized means of
arbitration, but Costa Rica, on one hand fearing to sub-
mit to arbitration a case in which justice would undoub-
tedly have been adverse to her and on the other hand en-
couraged by the firm attitude of the United States uphold-
ing the White Award as the only possible solution of the
question, also refused arbitration.

In a note of August 5 the Government of the United
States transmitted to the Secretary of Government, in
charge of the portfolio of Forcing Affairs, the demand
made by the Government of Costa Rica that the President
of Panama appoint a member of the boundary commission
provided for in the Anderson Porras Convention, for the
purpose of carrying out the demarcation of the interna-
tional frontier from Point Burica to Cerro Pando. The
Secretary in charge of the Chancellery replied that the
White Award being null Costa Rica's demand was unright-
eous, and that consequently Panama proclaimed once
more its right to continue exercising jurisdiction over the
territory occupied in . conformity with the statu quo pen-

ding the settlement of boundary dispute in a manner ju-
ridically effective and resulting from the sovereign will of
the two interested nations.

On the 19th of the present month a new note of the
State Department, transmitted by the American Minister,
declared that in view of the fact that the reasonable time
mentioned in its note of May 2 had elapsed and Panama
had not taken the measures demanded therein, the Govern-
ment of the United States did not feel itself compelled to
suggest to the Government of Costa Rica that it delay
further the taking of jurisdiction over the territory which
was adjudged to that country by the Loubet Award. At
the same time Panama was notified that Costa Rica would
immediately proceed to take possession of said territory.

The Government of Panama considered that it was its
duty to assume the same lofty attitude which it showed
when the armed conflict broke out for the first time, more
so in view of the fact the note was not conclusive regarding
the United States giving Costa Rica military support to
carry out its aspirations. Consequently the Secretary of
Government and Foreign Affairs, during a conference
with the American Minister, expressed to the latter the
desire and decision of Panama to oppose by force the an-
nounced taking possession of the disputed territory by
Cost Rica. The Secretary added that he desired a definite
statement on the question as the United States had decla-
red in the month of April that they would not permit hosti-
lities between Panama and Costa Rica and because Pana-
ma did not wish to put herself in the stupid position of
provoking an armed conflict with the United States. Pen-
ding the receipt of a reply, the Government immediately
gave orders to have everything prepared for an armed
defense of the nation's honor if necessary.

The reply of the American Government arrived on the
23rd and in this reply we were unmistakably and definitely
informed that the United States would not permit the re-
newal of hostilities against Costa Rica for the purpose of

opposing the taking over of jurisdiction by the latter. This
statement was supported by official information from
Washington announcing the dispatch from Philadelphia,
aboard the battleship Pennsylvania, of a strong detach-
ment of marines with complete equipment, who were re-
ported to be coming to the Isthmus ostensibly for the pur-
pose of supporting the attitude of the United States. In
view of these facts which reveal that the conflict has been
settled by force, and not being in a position to resist in any
way the immense military, naval, economic and poltical
powers of the United States of America, Panama finds
itself unable to resist by the force of arms the offense
made by Costa Rica, and as it considers that it is useless
to sacrifice the few representatives of our national sove-
reignty who are in the village of Goto and thinks it is
equally unnecessary to expose to the outrages of the inva-
der the Panama flag that has flown there victoriously over
our enemies when we could fight with them, has resolved
to abandon the village before the entrance of Costarican
troops there supported by the powerful nation whose help
she has had in this conflict.

The Government is conscious that it has made all efforts,
presented all arguments, used all means, put into play all
resources, has suffered the pains and made all sacrifices
possible to obtain a satisfactory solution of this crisis.
But nothing has been able to change the inflexible attitude
of the United States and the only satisfaction of the Go-
vernment has been to witness the magnificent spirit of
nationalism, the bravery and uprightness which the Pa-
nama people has made evident during the entire conflict.

Panama protests before the world against the act of
force which has been perpetrated against her and reserves
the right to occupy in the form and time it considers op-
portune the territories which were adjudged to her by the
Loubet Award, as well as to make effective the rights re-
sulting from the unprecedented act through which Costa

Rica has violated the statu quo existing between the two
countries, has violated the rules and practices used among
civilized peoples, has violated the pact of the League of
Nations, and finally, has violated the spirit of solidarity
and brotherhood which should exist among the Latin-
American countries.

Panama, August 24, 1921.
The President of the Republic,

BELISARIO PORRAS.

The Secretary of Government and Justice in charge
of the Ministry of Foreign Affairs,

RICARDO J. ALFARO.
The Secretary of Treasury,

EUSEBIO A. MORALES.
The Secretary of Public Instruction,

JEPTHA B. DUNCAN.
The Secretary of Public Works,

MANUEL QUINTERO V.

NOTE OF PROTEST

Washington, D. C., August 24th 1921.
Excellency :

I have the honor to acknowledge receipt of Your Exce-
llency's important communications dated the 18th and
23rd instant.

In the first note Your Excellency transcribes the text of
the dispatch that His Excellency the United States Minis-
ter in Panama was instructed to communicate to my Go-
vernment on the 18th instant, a propos of the decision of
the United States Government not to interpose any longer
their friendly mediation between Panama and Costa Rica in
order to suggest that Costa Rica delay longer her assuming
jurisdiction over the territory on the Pacific adjudged to
her by a portion of the Award rendered by the President
of France on September llth, 1900. That communication
has been given publicity in diferent newspapers of this
Capital and its contents are known all the world over.

In the second note Your Excellency transcribes the text
of the reply given by the United States Government to the
explanation requested by my Government in connection
with the precedent communication as to whether it should
understand that the Government of the United States was
to withdraw from the conflict and to let Panama free to
settle by force the issue with Costa Rica, or if, on the con-
trary, that Government was not to permit the renewal of
hostilities between Panama and Costa Rica. That reply
is also already known to the public, and it would be super-
fluous to reproduce it here.

10

Simultaneously with tnose dispatches, it is publicly
known that Your Excellency's Government has sent to
Panama a marine battallion with the avowed purpose of
maintaining itself in readiness to land on the territory in
dispute in case Panama tries to defend herself against the
spoliation to be consumated against her, thus imposing
upon her, by coercive means, the peremptory order the U-
nited States Government has imparted her to accept a-
gainst her will the southern half of the Loubet Award
without previous demarcation and without it being pre-
viously resolved by an impartial and competent tribunal
whether the Republic is or is not bound to comply in a
fragmentary manner with an arbitral award which since
the first moment it was rendered, she was ready, and she
is still ready, to fulfill as a whole.

In view of the communications above referred to, and
of the display of force which backs them, my Government
has decided to withdraw its authorities fron the territory
in dispute and to sever the telephonic communication exis-
ting between the towns of Goto and Progreso. In notif-
ying Your Excellency of this decision, which reasons of
force "majeure impose on my Government, Your Excellen-
cy will kindly allow me to go into a few pertinent considera-
tions.

The Special Mission that His Excellency the President
of the Republic of Panama entrusted me before Your Ex-
cellency's Government, has been mainly a Mission of friend-
ship, peace and Panamericanism. Since the first time
Your Excellency kindly received me, I made it known to
Your Excellency that the difficult situation through which
the relations between our two countries are passing was
the best suited field wherein those sentiments of continen-
tal goodwill and solidarity could be displayed and used
for a fruitful work. I tried my best to convey to Your
Excellency's mind the certitude that a violent solution of
the legal differences pending between Panama and Costa
Rica would perhaps have more untoward consequences

11

for the United States than for Panama, as the sight of
the weak oppressed never fails to arise simpathy in gene-
rous hearts and noble souls, while the harsh gesture of
the strong stirs up aversion and hatefulness. I caused
Your Excellency to see that countries so intimately united
as ours should live in a athmosphere of cordiality and
mutual understanding, and that to submit my country to
an imposition in a boundary litigation to which the United
States was not a party, would be an infringement against
the sovereignity and dignity of Panama which that coun-
try, friendly to the United States, would never forget.
My earnest appeals to moderation, to the use of peaceful
and legal means to solve the conflict: arbitration, direct
negociation, mediation of impartial and desinterested po-
wers of this continent, etc., were inspired in the most
sincere and well meaning purpose to preserve for this
great North American Democracy the simpathy and good-
will of a people whose loyalty to the United States has been
many times put to a test. Almost all of these and other
reasons destined to make it clear that a solution based on
force would be contrary to the aims of Central American
pacification sought by the United States Government,
because it would sow the seed of an inexhaustible hate
between the two bordering countries, were stated in the
Memorandum which I had the honor to submit to Your
Excellency last June. But Your Excellency has remained
inaccessible to these peaceful suggestions and has chosen
to precipitate the crisis by casting the weight of the milita-
ry or naval power of the United States to bent on the side
of Costa Rica against Panama.

Time is the best judge of men and nations. It will say
whether or not the conciliatory and friendly means recom-
mended by this Mission responded to a clear notion of the
true nature of the conflict as well as to the eagerness for
peace, tranquility and labor which makes itself felt in that
region of the Isthmus.

In the face of the unequivocal attitude taken by the De-
partment of State of the United States, Panama is com-

12

pelled to bow to her cruel fate, but in her weakness itself,
she finds sufficient energy to appeal to Heaven against
the injustice and the violence to which she is at present
submitted, and to declare that as long as Panamanian
hearts beat in the world, she will keep open the deep wound
inflicted to her dignity and pride, and that she will look
eagerly to the future, longing for that redeeming justice
which is today denied her, but that shall arrive for her
some day through the inexorable design of God.

The acts which the Government of Costa Rica shall exe-
cute under protection of the Government of the United Sta-
tes, will be unable to destroy or weaken the right of Pana-
ma to continue in possession of the Panamanian territory
of the statu quo boundary until the legal objections formu-
lated against the validity of the White Award are examined
and adjudged wright or wrong by an impartial and desin-
terested tribunal; and the acts which are to take place in
the territory in dispute on the Pacific, show that in the
present condition of the world, force still rules the rela-
tions between States, and rights of countries are only valid
in direct proportion to the number of rifles, machine-guns
and cannons which they can dispose of to back them up.

The United States Government assuming powers which
have not been granted them neither by the Canal Treaty
nor by the Laws or the Constitution of Panama, has acted
in this conflict as a judicial tribunal, and has decided, whit-
out being asked to do so,' that the exceptions claimed by
Panama against the validity of the White Award are
baseless.

The United States Government interpreting the Canal
Treaty at their will and in an extensive manner, and pres-
cinding of the right of the other contracting party to
have a word in the construction of the Treaty to which
she is a signatory, assings boundaries to the Republic of
Panama whitout her consent or intervention.

Finally, the United States Government, taking a step
of the most serious consequences for the future of the

13

cause of arbitration, has constituted itself as Internatio-
nal Executive with power to compell other sovereignties
to the f ullfilment of arbitral awards.

My Government considers these facts as so many excesses
of power that deeply affect the independence and sove-
reignty of the Panamanian Nation* and in the most formal
and solemn manner it protest against them to Your Ex-
cellency's Government.

Notwithstanding the accomplished facts and the natu-
ral disappointment they have created in the mind of this
Mission, its confidence in the spirit of justice animating
the people of the United States, remains unshaken; its
profound faith in this respect would not have weakened
for a moment even if from the midst of this great demo-
cracy voices had not sprung, as they have already sprung,
to express their simpathy with the cause of Panama. Those
voices will grow more and more loudible, forming later
on the currents of public opinion and determining at last
the reparation that my country foresees in a moreless
distant future.

On leaving the United States territory, allow me, Ex-
cellency, to convey to you once more my appreciation of
your courtesies and deferences during the discharge of my
Mission, and to reiterate to Your Excellency the assuran-
ces of my highest and most distinguished consideration,

NARCISO GARAY.
To His Excellency,

CHARLES EVANS HUGHES,
Secretary of State of the United States.

Washington, D. C.