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2 As the price or compensation for the right to use the zone 3 granted in this convention by Colombia to the United States for 4 the construction of a canal, together with the proprietary right 5 over the Panama Railroad, and for the annuity of two hundred 6 and fifty thousand dollars gold, which Colombia ceases to receive 7 from the said railroad, as well as in compensation for other 8 rights, privileges and exemptions granted to the United States, 9 and in consideration of the increase in the administrative expenses 10 of the Department of Panama consequent upon the construction of 11 the said canal, the Government of the United States binds itself to 12 pay Colombia the sum of ten million dollars in gold coin of the 13 United States on the exchange of the ratification of this conven14 tion after its approval according to the laws of the respective 15 countries, and also an annual payment during the life of this 16 convention of two hundred and fifty thousand dollars in like gold 17 coin, beginning nine years after the date aforesaid. 18 The provisions of this Article shall be in addition to all other 19 benefits assured to Colombia under this convention. 20 But no delay nor difference of opinion under this Article shall 21 affect nor interrupt the full operation and effect of this conven22 tion in all other respects:

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24 No change either in the Government or in the laws and treaties 25 of Colombia, shall, without the consent of the United States, 26 affect any right of the United States under the present conven27 tion, or under any treaty stipulation between the two countries 28 (that now exist or may hereafter exist) touching the subject29 matter of this convention. 30 If Colombia shall hereafter enter as a constituent into any other 31 Government or into any union or confederation of States so as to 32 merge her sovereignty or independence in such Government, 33 union, or confederation, the rights of the United States under 34 this convention shall not be in any respect lessened or impaired.

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2 The joint commission referred to in Articles III, VII and XIV 3 shall be established as follows: 4 The President of the United States shall nominate two persons 5 and the President of Colombia shall nominate two persons and 6 they shall proceed to a decision; but in case of disagreement of 7 the Commission (by reason of their being equally divided in con8 clusion) an umpire shall be appointed by the two Governments, 9 who shall render the decision. In the event of death, absence or 10 incapacity of any Commissioner or umpire, or of his omitting; 11 declining or ceasing to act, his place shall be filled by the appoint12 ment of another person in the manner above indicated. All 13 decisions by a majority of the Commission or by the umpire shall 14 be final. 15

ARTICLE XXVIII.

16 This convention when signed by the contracting parties, shail 17 be ratified according to the laws of the respective countries and 18 shall be exchanged at Washington within a term of eight months 19 from this date, or earlier if possible. 20 In faith whereof, the respective plenipotentiaries have signed 21 the present convention in duplicate and have hereunto affixed 22 their respective seals.

Done at the City of Washington, the 22d day of January in the year of our Lord nineteen hundred and three. (Signed)

JOHN HAY. [SEAL.] (Signed)

Tomás HERRÁN. (SEAL.)

[Senate Document No. 32, Fifty-eighth Congress, Second Session.)

TREATY WITH PANAMA-HAY-BUNA-VARILLA.

MESSAGE

FROM THE

PRESIDENT OF THE UNITED STATES,

TRANSMITTING

A CONVENTION BETWEEN THE UNITED STATES AND THE REPUBLIC OF PANAMA FOR THE CONSTRUCTION OF A SHIP CANAL TO CONNECT THE WATERS OF THE ATLANTIC AND PACIFIC OCEANS, SIGNED NOVEMBER 18, 1903.

DECEMBER 8, 1903.—Read; convention read the first time and referred to the Com

mittee on Foreign Relations and, together with the message, ordered to be printed

in confidence for the use of the Senate. DECEMBER 16, 1903.-Injunction of secrecy removed, and ordered to be printed. FEBRUARY 23, 1904.–Senate advises and consents to ratification.

To the Senate:

I transmit for the advice and consent of the Senate to its ratification a convention between the United States of America and the Republic of Panama for the construction of a ship canal, etc., to connect the waters of the Atlantic and Pacific oceans, signed on November 18, 1903.

I also inclose a report from the Secretary of State submitting the convention for my consideration.

THEODORE ROOSEVELT. WHITE HOUSE, December 7, 1903.

The PRESIDENT:

The undersigned Secretary of State has the honor to lay before the President for his consideration, and, if his judgment approve thereof, for submission to the Senate, with a view to receiving the advice and consent of that body to its ratification, a convention between the United States of America and the Republic of Panama for the construction of a ship canal, etc., to connect the waters of the Atlantic and Pacific oceans, signed by the respective plenipotentiaries of the two countries on November 18, 1903. Respectfully submitted.

John Hay. DEPARTMENT OF STATE,

Washington, November 19, 1903.

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ISTHMIAN CANAL CONVENTION.

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2 The United States of America and the Republic of Panama 3 being desirous to insure the construction of a ship canal across

the Isthmus of Panama to connect the Atlantic and Pacific oceans, 5 and the Congress of the United States of America having passed 6 an act approved June 28, 1902, in furtherance of that object, by 7 which the President of the United States is authorized to acquire 8 within a reasonable time the control of the necessary territory of 9. the Republic of Colombia, and the sovereignty of such territory 10 being actually vested in the Republic of Panama, the high con11 tracting parties have resolved for that purpose to conclude a 12 convention and have accordingly appointed as their plenipo13 tentiaries,14 The President of the United States of America, John Hay, 15 Secretary of State, and 16 The Government of the Republic of Panama, Philippe Bunau17 Varilla, Envoy Extraordinary and Minister Plenipotentiary of 18 the Republic of Panama, thereunto specially empowered by said 19 government, who after communicating with each other their 20 respective full powers, found to be in good and due form, have 21 agreed upon and concluded the following articles:

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The United States guarantees and will maintain the independence of the Republic of Panama.

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The Republic of Panama grants to the United States in perpe27 tuity the use, occupation and control of a zone of land and land 28 under water for the construction, maintenance, operation, sanita29 tion and protection of said Canal of the width of ten miles extend30 ing to the distance of five miles on each side of the center line of the 31 route of the Canal to be constructed; the said zone beginning in 32 the Caribbean Sea three marine miles from mean low water mark 33 and extending to and across the Isthmus of Panama into the Pacific 34 ocean to a distance of three marine miles from mean low water 35 mark with the proviso that the cities of Panama and Colon and the 36 harbors adjacent to said cities, which are included within the 37 boundaries of the zone above described, shall not be included

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1 within this grant. The Republic of Panama further grants to

the United States in perpetuity the use, occupation and control 3 of

any other lands and waters outside of the zone above described 4 which may be necessary and convenient for the construction, 5 maintenance, operation, sanitation and protection of the said

Canal or of any auxiliary canals or other works necessary and 7 convenient for the construction, maintenance, operation, sani8 tation and protection of the said enterprise. 9 The Republic of Panama further grants in like manner to the 10 United States in perpetuity all islands within the limits of the 11 zone above described and in addition thereto the group of small

islands in the Bay of Panama, named Perico, Naos, Culebra and 13 Flamenco. 14

ARTICLE III.

15 The Republic of Panama grants to the United States all the 16 rights, power and authority within the zone mentioned and 17 described in Article II of this agreement and within the limits of 18 all auxiliary lands and waters mentioned and described in said 19 Article II which the United States would possess and exercise if 20 it were the sovereign of the territory within which said lands and 21 waters are located to the entire exclusion of the exercise by 22 the Republic of Panama of any such sovereign rights, power or 23 authority. 24

ARTICLE IV.

25 As rights subsidiary to the above grants the Republic of 26 Panama grants in perpetuity to the United States the right to 27

use the rivers, streams, lakes and other bodies of water within 28 its limits for navigation, the supply of water or water-power or 29 other purposes, so far as the use of said rivers, streams, lakes 30 and bodies of water and the waters thereof may be necessary and 31 convenient for the construction, maintenance, operation, sanita32 tion and protection of the said Canal.

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ARTICLE V.

34 The Republic of Panama grants to the United States in per35 petuity a monopoly for the construction, maintenance and opera

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