Minister Squiers to
the Secretary of State.
[Extract.]
American Legation,
Panama, August 2,
1909.
No. 531.]
Sir: Referring to my cipher cable of yesterday
regarding settlement of Columbia and Buffalo cases, I have the honor to advise the
department that this Government yielded to your demands in these cases
only after long discussion, when I was obliged to speak very plainly and
emphatically insisting on the justice of our demands, and that they be
complied with without further delay.
I called on the President immediately after I learned the Government’s
decision, and thanked him for his friendly consideration of the
matter.
I inclose copy of foreign office note No. 206/11 of July 30, formally
replying to my note No. 235, of the 26th instant, and accepting our
demands.
I also inclose copy of my note No. 236, of July 31, and of foreign office
note No. 211/11, of July 31, with translation, in reply regarding final
settlement of the Columbia and Buffalo cases. The foreign office note contains a copy of
presidential decree No. 89, dismissing from the service certain
policemen whose names I had furnished, and who were present at the time
of Rand’s murder. I also inclose the draft for $14,000, 90 days’ sight,
covering the indemnities of $5,000 in the Columbia case, and $9,000 in Buffalo
cases. The note states that judicial proceedings are now in progress
against Jacinto Escudero, who is charged with Rand’s murder. Amabel
Aparicio, who was also charged with having taken part in the murder,
died sometime ago in the hospital as the result of the wounds he
received in the fight with the sailors of the Buffalo.
I have, etc.,
[Inclosure
1—Translation.]
The Minister for Foreign
Affairs to Minister Squiers.
Foreign Office,
Panama, July 30,
1909.
No. 206/11.]
Mr. Minister: I have the honor to
acknowledge the receipt of your excellency’s esteemed note, No. 235,
of the 26th instant, in relation to the incidents of the Columbia and Buffalo,
which occurred during the last administration.
In view of the refusal of your excellency’s Government to submit the
disagreeable incidents mentioned to the decision of the mixed
commission, and of the representations made to your excellency
respecting the matter during the past few months, my Government,
without admitting the interpretation which has been given to Article
VIII, of the Hay-Buneau Varilla treaty, and because of the demands
made by your excellency’s Government, has agreed to comply
[Page 493]
with the conditions
demanded by the Department of State, and for that purpose offers
$8,000 as indemnity for the dead sailor, and $1,000 for the wounded,
both pertaining to the crew of the Buffalo;
and that to the officials of the Columbia is
fixed at $5,000, according to the demand of your excellency.
With sentiments, etc.,
[Inclosure 2.]
Minister Squiers to the Minister of
State for Foreign Affairs.
American Legation,
Panama, July 31,
1909.
Your Excellency: I have the honor to
acknowledge your excellency’s esteemed note No. 206/11, dated July
30, last, in reply, to my note No. 235, of the 26th instant,
regarding Columbia and Buffalo cases, formally advising me that your excellency’s
Government, in view of representations made by me, acting under the
particular instructions of my Government, agrees to pay $5,000 in
the Columbia case, and $8,000 to the heirs of
Rand, and $1,000 to Cieslik in Buffalo case.
Also to comply with other demands made by my Government.
In reply I have the honor to inform your excellency that I have
communicated to my Government the substance of your excellency’s
agreement, and have received the following reply:1
The following are the names of the policemen who were present, as
shown by the testimony taken by your excellency’s Government in
their investigation of the case:
Paulino Macias; Faustino Alvardo, No. 343; Abelardo Bustos, No. 347;
Emelio Linares, officer of the guard; Indalacio Franco, ex-vigilante
No. 8.
Thanking your excellency for your courtesy and consideration in the
negotiation and discussion of these cases, I avail, etc.
[Inclosure
3—Translation.]
The Minister for Foreign
Affairs to Minister Squiers.
Foreign Office,
Panama, July 31,
1909.
No. 211/11.]
Mr. Minister: Referring to your
excellency’s eseemed note, No. 236, of even date, in which your
excellency has a copy of telegram received from the honorable
Secretary of State of the United States, accepting the sums, which
by note No. 206/11, dated yesterday, the Government of Panama
offered as indemnity for the sailors who were maltreated on the
night of September 28, 1908, belonging to the U. S. S. Buffalo, also the dismissal of the members of
the national police, who were in any manner in the incident
mentioned. Your excellency has given me the names of the following
policemen who were present at the time of the affray between private
individuals, Panamans, and the American sailors, who, your
excellency states, should be punished by dismissal:
Paulino Macias, Faustino Alvarado, Abelardo Bustos, Emelio Linares,
Indalecio Franco.
I transmit herewith note No. 697 from the Secretary of government and
justice, which says:
“I inclose to your excellency herewith copy of decree No. 89,
issued to-day by his excellency the President of the
Republic, and by which various members of the police force
are mentioned and orders given for their immediate
dismissal, to the chief of police.
“I ask that your excellency will kindly transmit said
document to his excellency the minister of the United States
of North America to this Republic.
“I also transmit to your excellency decree No. 89 of the 30th
of July, 1909, by which the dismissal of various employees
of the national police force is ordered, which is as
follows:
“‘The President of the Republic by virtue of his legal
authority decrees:
“‘Article 1. The first chief of
police of the national police shall decree and order the
immediate dismissal of Lieutenant Emelio Lenares, Vigilante
Indalecio
[Page 494]
Franco,
and of Policemen Paulino Macias, Faustino Alvarado, and
Abelardo Busto, if they or any of them are members of the
corps which he commands.
“‘Done in Panama, July 30, 1909.
“‘J. D. de
Obaldia.
“‘The Secretary of Government and Justice:
“‘Ramon M. Val
des.’”
The cablegram already referred to says that the other persons not
connected with the police force who were implicated in the incident
of the Buffalo should be punished by the
courts. I will inform your excellency, as I have manifested to your
excellency in my note No. 193/11 of the 17th instant, my Government
has proceeded against the individuals who took part in the affair,
and your excellency knows that one of them, Anibal Apraicio, even
when a prisoner, died in the Hospital Santo Tomas, as the result of
the blows given him by the sailors of the Buffalo. In the meantime that another, Jacinto Escudero,
who appears to be responsible for the wounds inflicted upon the
sailors, remains in jail, and the judicial proceedings against him
are in progress.
This office is unable to give any opinion respecting the result of
this proceeding, which is in the hands of independent authorities,
according to the constitution of this country, and judgment will be
rendered according to the proofs adduced.
During the course of these negotiations, and when your excellency
officially communicated that the Government of the United States
would not agree to submit to the mixed commission the controversy
respecting the Columbia and Buffalo cases, it was proposed to your Government that a
new contradictory investigation should be opened regarding the
incident of the 28th of September, 1908, a tribunal where the
Government of Panama and the United States should have
representation, for the purpose of establishing the guilt or
innocence of the members of the national police, and of the
individuals implicated in the affair, hoping thus to come in
possession of all the testimony, either in favor of or against,
which could be produced by both parties, but your excellency
declined all discussion respecting the matter, so that the judges
who have charge of the case to try the individuals referred to in
this part of the cablegram mentioned will only act upon the
depositions heretofore taken, and will ignore the authentic
depositions taken upon the investigation made by your excellency’s
Government, to which your excellency has made reference upon
repeated occasions; nevertheless, as your excellency is aware, the
Panaman executive has delivered over to the courts those accused of
the crime of the assault and wounds inflicted upon the sailors of
the Buffalo.
Your excellency will find inclosed herewith a 90-day sight draft, No.
60, upon William Nelson Cromwell, for the sum of $14,000, gold coin
of the United States, which represents:
- First, $5,000 (gold) indemnity which is to be paid to the
officers of the Columbia, for the
incident which occurred in Colon, the 1st of June,
1906.
- Second, $8,000 and $1,000 as indemnity to the heirs of
Rand and the sailor Cieslik, members of the crew of the Buffalo, one killed and the other
wounded on the night of the 28th of September, 1908.
I assure your excellency that my Government deeply deplores as much
the occurrence of the Columbia as that with
the sailors of the Buffalo.
I avail, etc.,
