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hesitation whatever in saying that in my judgment an insurrection in any part of the Republic would disturb the order in Panama and Colon and adjacent territory, and would greatly increase the difficulties that the United States would have in constructing the canal; and while, of course, the forces of our Government ought not to intervene until it is established that the Republic of Panama can not maintain order in its own territory, I think the United States may properly, under the clauses of the treaty construed in the light of the provision of the constitution of Panama, quoted by the Secretary of State, and to prevent its inevitable interference with the work of canal construction, suppress any insurrection in any part of the Republic. Of course, such action taken with respect to an independent government, even with its consent given in its fundamental law, ought to be lightly taken, or until all the circumstances are known, until it is fully established that the Government of Panama is not able to maintain itself. Of this, a request by the President of Panama for our intervention to suppress an insurrection would be the best evidence. If this fact does appear, then the duty of our Government will be plain. I sincerely hope and confidently believe that no disturbance of the peace or insurrection will take place; if it does, the authorities of Panama can suppress it without assistance of the United States; but persons discontented with the Government of the Republic of Panama should not be encouraged to attempt to overthrow it on the supposition that the United States would not take steps, if the occasion arose under circumstances already described, to lend its aid by armed force to suppress an insurrection in any part of the Republic of Panama.

Very respectfully,

(Signed)

WM. H. TAFT.

The Minister of Panama to the Secretary of State.

[Translation.]

No. 12.]

LEGATION OF PANAMA, Washington, May 12, 1906. EXCELLENCY: The Government of my country expresses, through me, to the Government of this country its profound gratitude for the notes of your excellency and of the Secretary of War, W. H. Taft, which have created a pleasing impression among the people of Panama, and absolutely assured the maintenance of peace in the Republic

of Panama.

Your excellency will permit me to join in my Government's sentiment and to make most sincere wishes for the happiness of this great nation.

Your obedient and true servant,

J. D. DE OBALDIA.

PERSIA.

MURDER OF REV. BENJAMIN W. LABAREE.

(For previous correspondence, see Foreign Relations for 1904, pp. 657 et seq., and 835, and for 1905, pp. 722 et seq.)

Minister Pearson to the Secretary of State.

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(Mr. Pearson states that the Persian Government has finally ordered an expedition 1,500 strong to recapture the Kurd accomplices by force. The Kurds have clans assembled behind fortifications and await attack. Missionaries at Urumia, who insisted on armed expeditions as the only effective course, recoil at the prospect of bloodshed and earnestly request him to make terms with the tribe, through the British consular-general, independent of Persian authorities. He states that he has declined their request. Both Mr. Pearson and the British minister believe that force is the only effective measure, and that the expedition will have a good effect. Mr. Pearson refers to his dispatch of July 8, 1904.)"

The Secretary of State to Minister Pearson.

[Telegram. Paraphrase.]

DEPARTMENT OF STATE, Washington, January 8, 1906.

(Mr. Root approves Mr. Pearson's refusal to initiate direct negotiations with the Kurd accomplices, as reported in his telegram of the 8th.)

No. 126.]

Minister Pearson to the Secretary of State.

AMERICAN LEGATION, Teheran, January 19, 1906. SIR: The terms of the agreement in the Labaree case accepted by the Persian Government on the 3d day of January, 1905, contained the following provision, to wit:

2. If the leading accomplices notoriously identified as participants in the crime, and living within the jurisdiction of Persia, shall not have been captured and punished, according to the measure of their guilt, before March 9, 1906, then, and in any such event, so much of the indemnity as is hereby

@ Printed in Foreign Relations for 1904, p. 667.

remitted, to wit, the sum of $20,000, shall immediately become due and payable just as if no reduction had been made in the total amount conceded by the Persian Government, it being the purpose and intent of both Governments in concluding this form of settlement to prevent, as far as possible, the recurrence of similar crimes.

By reference to the telegram of the late Secretary Hay, dated December 29, 1904, it will be seen that the other conditions set forth by me and demanded as a basis of settlement were specifically approved, but as to the payment of this $20,000, conditionally abated, he was significantly silent, and I inferred that he did not intend to enforce this penalty. In the dispatch confirming his telegram he was again silent on this subject.

In a note which I addressed to the Persian minister for foreign affairs, on October 4, 1905, I used the following language, to wit:

I have been led to believe that the Kurdish tribes in sympathy with the accused are willing to pay to the widow of Mr. Labaree the $20,000, which was conditionally abated from the amount of the indemnity, and that the prisoners expect release upon such terms, but I now notify your excellency in the most emphatic terms that my Government will never assent to, or even consider, such a disposition of this case. Gold can not atone for American blood. “Punishment according to the measure of their guilt is the only reparation which my Government will accept, and for this it relies upon the strict performance of the pledge above set forth, in which you solemnly bind the honor and faith of Persia.

The period within which the Persian Government undertook to punish the accomplices will expire March 9, 1906.

The department is aware that the chief accomplices were captured last February, brought to Teheran, held here for seven months, and then remanded to Uroomia for trial; they escaped or were liberated on the way, and have since defiantly refused to surrender and appear at the trial. The probability is that they will not be caught or tried before March 9, and anticipating this eventuality, I write now for specific instructions to guide me, (1) in the event that the Persian Government does nothing, (2) in the event that they offer $20,000 more for the widow and children of Mr. Labaree.

I am preparing a full transcript of the voluminous correspondence in relation to the case, but in advance of its completion I send now the essential facts in order that the department may instruct me in the premises before the 9th of March.

I am, etc.,

RICHMOND PEARSON.

The Persian Minister to the Assistant Secretary of State.

[Translation.]

LEGATION OF PERSIA, Washington, February 8, 1906.

Mr. ASSISTANT SECRETARY OF STATE: I have the honor to send you herewith the note concerning the matter about which the minister for foreign affairs has just telegraphed me and over which I had the honor to talk with you at our last interview.

With great reliance on your good offices to bring about a favorable answer, and thanking you in advance, I beg you to accept, etc.,

MORTEZA.

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The details of the murder of Mr. Lebry [Labaree], an American missionary, being well known to the State Department, I shall confine myself to a mere summary for the sake of making the following statement clearer.

After the murder of Mr. Lebry, near Ooroomiah, the murderer, Mir Gafar, took refuge on Turkish territory. Upon the order of the Imperial Government, the authorities of the province established an active surveillance, which was maintained incessantly for several months, and brought about his arrest the moment he returned to Persia. He was taken to Teheran, sentenced to impris onment for life, and at the same time, a pecuniary indemnity was allowed to the heirs of the victim.

The legation of the United States at Teheran, acting upon reports from several missionaries, further alleged that Mir Gafar had been incited by other persons related to influential tribe chiefs to commit this murder, and it was agreed to send special delegates to Ooroomiah and to institute an inquiry in the case.

In spite of the earnest willinguess of the authorities and delegates, the inquiry could not be closed within the stipulated time, which will expire in a few days, because of

(1) The relationship of the said persons to the influential tribe chiefs, which demands caution and very delicate methods to make it possible to bring them to Ooroomiah; (2) the frontier disputes that have arisen between Persia and Turkey through the wrongful acts of those very chiefs; (3) the disturbances in the Caucasus that have to a certain extent stirred the minds of the population of the province.

For the above-stated reasons his excellency the minister for foreign affairs of my Government is satisfied that if the matter be rushed and armed force resorted to against the said persons at so critical a stage, an uprising of the tribes may be foreseen that will not terminate without great bloodshed and loss of life, and deeming, furthermore, that time and necessary precautions will easily and surely bring the inquiry to a satisfactory conclusion he has just telegraphed me to bring the present conditions to the knowledge of His Excellency Mr. Root, minister of foreign affairs, to the end that the term previously agreed upon be extended by one year or at least ten months, so that we may have the time required for a sure and peaceful settlement of the case.

Furthermore, his excellency the minister for foreign affairs, in view of the profound friendship existing between the two Governments, hopes that the Government of the United States will not under the circumstances precipitate a situation, which, besides causing a revolt of a part of the population, will create very regrettable difficulties.

Moreover, the main point in the case having long since been disposed of to the satisfaction of the Government of the United States, the minister for foreign affairs is convinced that, with a little more time, this inquiry, which, in truth, is but of secondary importance, could also be brought to a successful close with ease and without stirring the population.

It is more than likely that the matter will be disposed of within six months, and it is only for the sake of precaution and greater certainty that the minister for foreign affairs has telegraphed me about a slightly longer period.

While bringing the foregoing to the knowledge of His Excellency, Mr. Elihu Root, I hope that realizing with your fine, well-established penetrations the gravity of my Government's present plight you will be pleased to return a favorable answer.

The Secretary of State to Minister Pearson.

[Telegram.

Paraphrase.]

MORTEZA.

DEPARTMENT OF STATE, Washington, February 12, 1906.

(Mr. Root, referring to Mr. Pearson's telegram of January 8th, advises him of the Persian minister's request for ten months' extension of time for investigating Labaree murder and punishing accomplices, based on representations that immediate display of force

might lead to uprising and bloodshed. Mr. Root calls for Mr. Pearson's views and inquires whether a popular rising might not defeat or indefinitely postpone the demanded just settlement, besides endangering Americans and other foreigners in Uroomia district. Suggests consultation with the British minister.)

Minister Pearson to the Secretary of State.

[Telegram. Paraphrase, }

TEHERAN, February 15, 1906.

(Mr. Pearson states, in reply to the telegram of the 12th, that the Shah, through the Persian minister of foreign affairs, has given emphatic assurance that the accomplices shall be punished before next January. After full conference with Mr. Pearson, the British minister withdrew the British consul-general from Urumia. They do not anticipate any disorder, but believe that the Kurds will not be recaptured except by force.)

The Secretary of State to Minister Pearson.

[Telegram. Paraphrase. |

DEPARTMENT OF STATE, Washington, February 17, 1906.

(Mr. Root approves Mr. Pearson's note October 4, refusing money as substitute for punishment, and adds that the lapse of fifteen months without effective action has sorely tried the patience of the Government of the United States, but for the sake of humanity and to avert the apprehended revolt and bloodshed a delay of ten months will be granted if Persia will engage solemnly to fulfill her pledge within that time. He directs Mr. Pearson to make it clear that no money payment will be admitted in lieu of faithful performance of the clear duty of the Persian Government.)

The Acting Secretary of State to the Persian Minister.

No. 6.1

DEPARTMENT OF STATE, Washington, February 19, 1906.

SIR: I have the honor to acknowledge the receipt of your note of the 8th instant, requesting, for reasons therein stated, an extension of ten months for the completion by your Government of the investigation of the murder of Mr. Larrabee.

a Foreign Relations for 1905, p. 733–734.

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