Minister Barrett to the Secretary of State.

No. 91.]

Sir: I have the honor to inclose for the Department’s information, and as a matter of record, copies of correspondence exchanged between this legation and the Panama foreign office in regard to the treaty stipulations on the question of the proper sanitation of Panama. * * *

It is gratifying to note that my letter to the foreign office, which was supported by a personal interview, resulted in immediate action by the Panama Government in compliance with my suggestion.

I have, etc.,

John Barrett.
[Inclosure 1.]

Minister Barrett to the Minister of Government, and Foreign Affairs.

Mr. Minister: Your excellency’s government is doubtless fully aware of the importance of carrying on the sanitation of the city of Panama as rapidly as possible in order to prevent the spread of yellow fever and the increase of malaria. Inasmuch as my government is greatly concerned in seeing no delay for which the American people may censure it and which may react unfavorably upon the health of the large number of employees of the Canal Commission, I have the honor to request that your excellency’s government, with its characteristic courtesy, will see fit to make answer at the very earliest moment to the letter addressed by Governor Davis of the Canal Zone to your excellency on January 11:

In this he lays the situation before you, in part, in the following terms:

“Section 7 of the canal convention, and especially the second paragraph of the said section, contemplates the doing of certain work by the United States Government, and the incurring of certain expenses in Panama in a possible contingency. That contingency, as I understand it, would arrive if the Government of Panama should be unable or fail to carry out the sanitary measures which are deemed by the Isthmian Canal Commission to be essential to safeguard the health of the canal workmen. If your excellency should advise me of the fact by sending me a notification such as it would seem was contemplated by the second paragraph of article 7, or should inform me that it was impracticable for the Republic of Panama to carry out the works of sanitation which have been projected as necessary to safeguard the health, then in that event it is my understanding that the Government of the United States would proceed with this work and that the Government of Panama would enforce the rules set down in the sanitary regulations before referred to.”

Trusting that the Panama Government will appreciate the urgency of my recommendation, especially in view of the considerable time that has elapsed since the discussion of this subject first began many months ago between the Panama and Zone governments, I beg to express the hope that you will favor Governor Davis with a definite answer within the next few days. I then shall be able to advise my government that every precaution is being taken, both by Panama and the United States, to prevent the further spread of yellow fever.

I beg, etc.,

John Barrett.
[Page 707]
Inclosure 2.—Translation.]

The Minister of Government and Foreign Affairs to Minister Barrett.

Mr. Minister: I have the honor to answer your excellency’s esteemed note of the 19th instant and to embody herewith a copy of the communication which I addressed to the governor of the Canal Zone in respect to the question of sanitation:

The Governor of the Canal Zone.

Sir: Sanitary matters are by decree referred by the secretary of state to the secretary of improvements.

However, His Excellency the President of the Republic can authorize any action for the public services through one or other of the secretaries, even should the action not come directly under the jurisdiction of the secretary in question.

I make this explanation because I am treating of the matter of sanitation, which does not come completely under my jurisdiction. I have conferred with the secretary of improvements and he has declared himself willing that I should decide the matter, as I am better informed about the situation.

Therefore, in accordance with the desire of my colleague, and duly authorized by His Excellency the President of the Republic, I have the honor to inform you that in conformity with article 7 of the canal treaty, I consider that the time has arrived to declare that the Government of Panama does not find itself in the proper condition to carry out the sanitary regulations of the Isthmian Canal Commission which you have submitted for the consideration of my government, but they are approved in every way, subject to modifications made, following suggestions from this office, and it is hoped that these regulations will be put into force immediately.

I shall issue an order to this effect and publish it in the Official Gazette.

I thus had the honor to answer the governor’s favor of the 11th instant.

With the assurance, etc.,

Santiago de la Guardia.