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[Enclosure—Translation]
The Panaman Sub-Secretary of Foreign
Relations (Hazera) to the Executive
Secretary of the Panama Canal (Mcllvaine)
Panama, June 12,
1920.
S.P.No. 1362
My Dear Mr. Secretary: I received in due
time the courteous letters dated the 25th of May and the 9th of
June, from the Executive Department of the Panama Canal, in the
first of which, Acting Governor Col. Morrow transmitted the
cablegram from His Excellency the Secretary of War of the United
States, dated the 22nd of May, relative to Taboga Island and in the
last one it was asked that the President of the Republic approve a
plan inclosed therewith and issue certain orders to facilitate the
purchasing of the property marked in such plan as required by the
Government of the United States of America.
I transmitted such letters to the President, and he has asked me to
answer them as follows:
“The question of the acquisition by the Government of the
United States of a portion of the island of Taboga for the
defense of the Canal, has been and at present is the subject
of diplomatic negotiations between the Governments of our
two countries by the means used in such cases, and up to now
the two Governments have not reached an understanding as to
the absolute necessity of using the said portion of the
island of Taboga, nor have they come to an understanding as
to the interpretation to be given to article II of the Canal
Treaty.”
The Panama Government insists that in order that the government of
the United States may obtain a legal valid title over any portion of
the island of Taboga, a special agreement must be entered into
between the two countries, as the jurisdiction and domain of the
Sovereign cannot be transferred by official communications exchanged
between subordinate employees.
But as the Panama Government does not wish to hamper the work of the
Governor of the Canal Zone, as the same might have an urgent nature,
it agrees in the provisional occupation of the areas [Page 322] marked in the map attached, which
cover in all an extension of 14 hectares, 9500 square meters,
leaving to the pending diplomatic negotiations the question of
arranging the form that this concession should have in order to make
it valid and final, as well as the procedure for the indemnification
to the private owners and the compensation to which the Republic is
entitled. Therefore, the Executive Power has issued Decree No. 15
today, provisionally permitting the Government of the United States
to use, occupy and control the areas mentioned, commencing on the
16th instant.
It must be likewise understood that there shall remain excluded from
such areas, the road that leads from the town to the port or cove of
Ancon, so that the inhabitants may always enjoy the right-of-way
while going from the northern to the southern part of the island, by
the road over which they transit now.
In accordance with your request, I return herewith one of the plans
sent by you. The other one shall be kept confidentially as desired
by you.
I am [etc.]
