Ernest Dichman to Pablo Arosemena, January 21, 1879
Mr. Dichman to Mr. Arosemena.
Sir: Under instructions from my government I beg leave to call the attention of the honorable secretary of foreign relations to the action of the government of the State of Panama in refusing the right of transit across the Isthmus of Panama to a duly commissioned officer of the United States in charge of au extradited criminal from the republic of Peru, and to the further action of said government of the State of Panama in releasing such prisoner and placing him at liberty.
As previous to the receipt of instructions on this matter, the same has been discussed informally by the honorable secretary and myself, I do not deem it necessary to dwell upon the same at length in this note, but only beg leave to add that I am directed to invite his earnest attention to this cause of difference between the two governments, for in the action of the Colombian Government by its agent the government of the State of Panama on the occasion above stated, my government does not find either an exhibition of that spirit of friendship which has always animated the relations between the two nations, or a compliance with the guaranty to the Government of the United States contained in the thirty-fifth article of the treaty of 1846, by which the right of way or transit across the Isthmus of Panama shall be open and free, not only to the citizens, but also to the Government of the United States.
With the history of that article of the treaty, the obligation assumed by the United States, and the manner in which the same has been discharged, the honorable secretary is quite familiar, therefore I shall not trouble him with a statement thereof on this occasion.
As the honorable secretary has expressed to me his anxiety that this cause of difference between the two countries should be removed, I would request the honor of a personal conference with him at as early a day as may suit his convenience for the purpose of reaching a common accord on this question.
With the assurance of the highest consideration,
I have, &c.,