COMMERCIAL TREATY BETWEEN GREAT BRITAIN AND NICARAGUA. (ABOLISHMENT OF THE FREE PORT OF SAN JUAN DEL NORTE.) No. 1045.] Minister Merry to Acting Secretary of State Loomis. AMERICAN LEGATION, San José, Costa Rica, May 12, 1905. SIR: I have the honor to forward herewith copy and translation of an excerpt from the treaty of commerce and navigation recently signed at Managua by the representatives of Great Britain and Nicaragua. You will note that when it becomes operative San Juan del Norte will cease nominally to be a free port. This is a matter of no possible consequence to our interests and will not unfavorably affect our commerce with Nicaragua. The excerpt of the treaty, translation of which accompanies this, is from El Diario de la Tarde, semiofficial daily journal published at Managua, and is sent in preference to awaiting publication in the Official Gazette, which may be delayed. I have, etc., His Britannic Majesty and the Government of Nicaragua have agreed upon the following: "There shall be reciprocity of commerce and navigation between the dominions and possessions of the contracting parties. The subjects or citizens of both shall have full liberty to enter with their vessels and cargoes to all the ports of the dominions or possessions of the other party, in which shall be permitted the entry of the subjects or citizens of the most favored nation, and shall enjoy the same rights, privileges, favors, immunities, and exemp tions of these. "The privileges of the free port of San Juan del Norte are annulled. The port will continue open to commerce, the facilities of navigation will be maintained and improved, and there shall be established a sufficient number of warehouses for the deposit of merchandise in transit. The port will be under the same conditions as the others of the Republic in respect to the duties and imposts and regulations regarding navigation and foreign commerce and municipal taxes. It is declared that in all cases under the treaty there shall be granted the rights of the most favored nation, being excepted the Republics of Central America. It is declared that the stipulations arranged in regard to the port of San Juan del Norte shall have the character of perpetuity." The remainder of the treaty that follows is more or less the same that is conceded in all the commercial treaties of the world. No. 1115.] IMMIGRATION LAW OF COSTA RICA. Minister Merry to the Secretary of State. AMERICAN LEGATION, San José, Costa Rica, December 5, 1905. SIR: I have the honor to advise that the Government of Costa Rica has enacted a law patterned largely after that of the United States of which a copy had previously been obtained from this legation. The Costa Rica law, however, requires no cash in possession of the immigrant entering the Republic. The recent action of the Nicaraguan Government in contracting with the Nicaragua Contract and Finance Company of California for the introduction of five thousand Chinese coolies, which number it is feared may be increased, has attracted governmental attention to the question of immigration, it being apprehended with reason that it will be difficult to prevent these coolies entering Costa Rica overland. Consequently the Chinese now in this Republic are being required to obtain local government passports, without which they will not be permitted to remain. Costa Rica has none too many laborers, and at crop seasons suffers more or less on this account. The labor coming in from abroad is mostly that of Jamaica negroes, but very few of these are employed in the interior, while the labor on the seacoast including the rapidly increasing banana industry, could not be developed without them, as the natives of the elevated interior are not able to endure the heat and malaria of the low lands on the coast even as well as our people, and avoid going there to any extent. The law above alluded to was passed by the permanent commission of Congress and promulgated by executive decree on the 24th of November last. The constitution requires that it shall be approved by the next Congress, although it becomes effective at once. This permanent commission of the Costa Rica Congress is peculiar to this Republic, being elected by that body from its membership prior to adjournment with full power to legislate in the interval, subject to the qualification noted. The five members of Congress constituting it are always acceptable to the President and under his political control. While there are instances of minor amendments being made by Congress there is no record known to me of any action by the permanent commission being rejected thereby, it being understood that all its acts are approved by the executive. In the other Central American Republics there are no permanent commissions, the executive decree being the law of the country immediately effective but nominally subject to the approval of Congress. * I have, etc., FR 1905-45 * * WILLIAM LAWRENCE MERRY. PANAMA. SANITARY CONDITIONS ON THE ISTHMUS OF PANAMA. No. 91.] Minister Barrett to the Secretary of State. AMERICAN LEGATION, Panama, January 24, 1905. 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. AMERICAN LEGATION, Panama, January 19, 1905. 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 ur favorably 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. .Inclosure 2.-Translation.] The Minister of Government and Foreign Affairs to Minister Barrett. PANAMA, January 21, 1905. 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. SANTIAGO DE LA GUARDIA. No. 92.] Minister Barrett to the Secretary of State. AMERICAN LEGATION, Panama, January 24, 1905. SIR: I have the honor to inclose for the Department's information, and as a matter of record, a copy of a circular letter which I have recently addressed to the foreign representatives in Panama, in response to their official inquiries in regard to yellow fever on the Isthmus of Panama. I have, etc., JOHN BARRETT. [Inclosure.] Minister Barrett to the Foreign Representatives in Panama. AMERICAN LEGATION, Panama, January 20, 1905. SIR: In view of the constant inquiries made at this legation and in order to supplant uncertain and harmful rumors with the truth, I have the honor to give you definite information in regard to yellow fever on the Isthmus of Panama. Since July 1, 1904, when the United States authorities took charge of the sanitary work, up to this date, January 20, 1905, or during six and one-half months, there have been officially reported by Col. W. C. Gorgas, chief of the United States sanitary staff, 18 cases of yellow fever, as per inclosed list.a There are now 4 cases in hospital, included in the above total, but these are all confined to laborers of the sanitary staff, who apparently contracted the disease while preparing houses and grounds for disinfection and fumigation, and they are also recovering. I have personally visited the hospital myself and confirmed these facts. a Not printed. Of the above 18 cases, however, it is gratifying to note that there have been only 3 deaths, while only one case in the last three and one-half months has resulted fatally. This favorable condition is due first to good nursing and treatment in the hospital, and second, to the light form of the disease prevalent. It can be distinctly stated that yellow fever is not epidemic and that every effort is being made by the sanitary corps to limit its spread. It is now to be classed only as endemic. Each case, moreover, is carefully isolated at the hospital and every house where a case is found is immediately fumigated. There is no occasion for general alarm and no reason why ships should not be dispatched with clean bills of health, as far as the presence of yellow fever in epidemic form is concerned. As the disease is not epidemic, the United States shipping officials hold that they have been and are complying with the regulations of the United States as to clean bills of health. As the figures quoted cover the city of Colon on the Atlantic as well as Panama city and the intermediate country of the Canal Zone, with a total population of 50,000, the showing is not discouraging. Only 18 cases and 3 deaths in seven months in a population of 50,000 is not a cause for excited fear. The danger to Americans and other foreigners in Panama from yellow fever is no greater than in New York and Paris from pneumonia and grippe. There might, however, be grave cause for alarm if the sanitary corps were not extending its operations to the fullest degree of practical efficiency. The force of men under Colonel Gorgas and his assistants, Doctors Le Prince and Balch, is being greatly enlarged by order of Governor Davis, and no effort and expense will be spared first to limit and second to stamp out yellow fever. It is, moreover, expected that within a few days, negotiations as stipulated in the treaty, now being carried on by Governor Davis and myself with the Panama Government, will result in a definite plan for the complete, thorough, and systematic cleaning of the streets, alleys, yards, and houses of every part of the city of Panama. I have, etc., JOHN BARRETT. Supplementary note, Wednesday, January 25. At this writing, five days after this formal letter was dispatched, the 4 cases described as in hospital have all been discharged fully recovered, and there are no new cases, leaving a clean slate for the first time in many weeks. The negotiations mentioned in the closing paragraph have also been completed and the work outlined inaugurated. J. B. PROTECTION OF CHINESE INTERESTS IN PANAMA BY AMERICAN DIPLOMATIC AND CONSULAR OFFICERS. The Acting Secretary of State to Minister Barrett. [Telegram.-Paraphrase.] DEPARTMENT OF STATE, (Mr. Loomis instructs Mr. Barrett to ask the Government of Panama whether our diplomatic and consular representatives may exercise their good offices, when occasion requires, in behalf of Chinese subjects as requested by the Chinese Government.) No. 131.] Minister Barrett to the Secretary of State. AMERICAN LEGATION, Panama, April 17, 1905. SIR: Referring to recent correspondence in regard to American diplomatic and consular officers exercising their good offices, when necessary, in behalf of Chinese subjects, I have the honor to inclose a trans |