Panama Canal

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Material Information

Title:
Panama Canal 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
Series Title:
Document / 58th Congress, 2d session, Senate ;
Uniform Title:
Treaties, etc
Added title page title:
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
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
Panama ship canal, 1903-1904
Physical Description:
12 p. : ; 23 cm.
Language:
English
Creator:
United States
United States -- President (1901-1909 : Roosevelt)
United States -- Congress. -- Senate. -- Committee on Foreign Relations
United States -- Congress -- Senate, 1903-1904)
Publisher:
Govt. Print. Off.
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Foreign relations -- United States -- Panama   ( lcsh )
Foreign relations -- Panama -- United States   ( lcsh )
Panama Canal (Panama)   ( lcsh )
Genre:
treaty   ( marcgt )
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Caption title.
General Note:
"December 8, 1903. Read; convention read the first time and referred to the Committee on Foreign Relations and, together with the message, ordered to be printed in confidence for the use of the Senate."
General Note:
"December 16, 1903. Injunction of secrecy removed, and ordered to be printed."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 20923081
lccn - 04007421
ocm20923081
sobekcm - AA00006077_00001
Classification:
lcc - TC774 .U6 1903b
System ID:
AA00006077:00001

Full Text

/






PANAMA-SHIP CANAL.


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 at l'ashington, .'ovember 18, 1903.
Ratification advised by the Senate, February 23, 1904.
Ratified by the President, February 25, 1904.
Ratified by Panama, December 2, 1903.
-Ratifications exchanged at Wash ington, February 26, 1904.
Proclaimed, February 26, 1904.



BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Convention between the United States of America and
the Republic of Panama to insure the construction of a ship canal
across the Isthmus of Panama to connect the Atlantic and Pacific
Oceans, was concluded and signed by their respective Plenipoten-
tiaries at Washington, on the eighteenth day of November, one
thousand nine hundred and three, the original of which Convention,
being in the English language, is word for word as follows:

ISTHMIAN CANAL CONVENTION.

The United States of America and the Republic of Panama being
desirous to insure the construction of a ship canal across the Isthmus
of :Panama to connect the Atlantic and Pacific oceans, and the Con-
grws of the United States of America having passed an act approved
June 28, 1902, in furtherance of that object, by which the President
99084-11







of the United States is authorized to acquire within a reasonable
time the control of the necessary territory of the Republic of Co-
lombia, and the sovereignty of such territory being actually vested
in the Republic of Panama, the high contracting parties have
resolved for that purpose to conclude a convention and have accord-
ingly appointed as their plenipotentiaries,-
The President of the United States of America, John Hay, Sec-
retary of State, and
The Government of the Republic of Panama, Philippe Bunau-
Varilln, Envoy Extraordinary and Minister Plenipotentiary of the
Republic of Panama, thereunto specially empowered by said gov-
ernment, who after communicating with each other their respective
full powers, found to be in good and due form, have agreed upon
and concluded the following articles:

ARTICLE I.

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

ARTICLE II.

The.Republic of Panama grants to the United States in perpe-
tuity the use, occupation and control of a zone of land and land
under water for the construction, maintenance, operation, sanitation
and protection of said Canal of the width of ten miles extending to
the distance of five miles on each side of the center line of the route
of the Canal to be constructed; the said zone beginning in the Carib-
bean Sea three marine miles from mean low water mark and extend-
ing to and across the Isthmus of Panama into the Pacific ocean to a
distance of three marine miles from mean low water mark with the
proviso that the cities of Panama and Colon and the harbors adja-
cent to said cities, which are included within the boundaries of the
zone above described, shall not be included within this grant. The
Republic of Panama further grants to the United States in perpe-
tuity the use, occupation and control of any other lands and waters
outside of the zone above described which may be necessary and
convenient for the construction, maintenance, operation, sanitation
and protection of the said Canal or of any auxiliary canals or other
works necessary and convenient for the construction, maintenance,
operation, sanitation and protection of the said enterprise.
The Republic of Panama further grants in like manner to the
United States in perpetuity all islands within the limits of the zone
above described and in addition thereto the group of small islands
in the B;av of Panama, named Perico, Naos, Culebra and Flamenco.







ARTICLE III.

The Republic of Panama grants to the United States all the
rights, power and authority within the zone mentioned and described
in Article II of this agreement and within the limits of all auxiliary
lands and waters mentioned and described in said Article II which
the United States would possess and exercise if it were the sover-
eign of the territory within which said lands and waters are located
to the entire exclusion of the exercise by the Republic of Panama
of any such sovereign rights, power or authority.

ARTICLE IV.

As rights subsidiary to the above grants the Republic of Panama
grants in perpetuity to the United States the right to use the rivers,
streams, lakes and other bodies of water within its limits for navi-
gation, the supply of water or water-power or other purposes, so far
as the use of said rivers, streams, lakes and bodies of water and the
waters thereof may be necessary and convenient for the construc-
tion, maintenance, operation, sanitation and protection of the said
Canal.
ARTICLE V.

The Republic of Panama grants to the United States in perpetuity
a monopoly for the construction, maintenance and operation of any
system of communication by means of canal or railroad across its
territory between the Caribbean Sea and the Pacific ocean.

ARTICLE VI.

The grants herein contained shall in no manner invalidate the titles
or rights of private land holders or owners of private property in the
said zone or in or to any of the lands or waters granted to the United
States by the provisions of any Article of this treaty, nor shall they
interfere with the rights of way over the public roads passing through
the said zone or over any of the said lands or waters unless said
rights of way or private rights shall conflict with rights herein
granted to the United States in which case the rights of the United
States shall be superior. All damages caused to the owners of private
lands or private property of any kind by reason of the grants con-
tained in this treaty or by reason of the operations of the United
States, its agents or employees, or by reason of the construction.
maintenance, operation, sanitation and protection of the said Canal
or of the works of sanitation and protection herein provided for.
shall be appraised and settled by a joint Commission appointed by
the Governments of the United States and the Republic of Panama,







whose decisions as to shch damages shall be final and whose awards
as to such damages shall be paid solely by the United States. No
part of the work on said Canal or the Panama railroad or on any
auxiliary works relating thereto and authorized by the terms of this
treaty shall be prevented, delayed or impeded by or pending such
proceedings to ascertain such damages. The appraisal of said pri-
vate lands and private property and the assessment of damages to
them shall be based upon their value before the date of this convention.

ARTICLE VII.

'The Republic of Panama grants to the United States within the
limits of the cities of Panama and Colon and their adjacent harbors
and within the territory adjacent thereto the right to acquire by
purchase or by the exercise of the right of eminent domain, any
lands, buildings, water rights or other properties necessary and con-
venient for the construction, maintenance, operation and protection
-of the Canal and of any works of sanitation, such as the collection
and disposition of sewage and the distribution of water in the said
cities of Panama and Colon, which, in the discretion of the United
States may be necessary and convenient for the construction, mainte-
uance, operation, sanitation and protection of the said Canal and
railroad. All such works of sanitation, collection and disposition
.of sewage and distribution of water in the cities of Panama and Colon
-hall be made at the expense of the United States, and the Govern-
inent of the United States, its agents or nominees shall be authorized
to impose and collect water rates and sewerage rates which shall be
sufficient, to provide for the payment of interest and the amortiza-
lion of the principal of the cost of said works within a period of fifty
years and upon the expiration of said term of fifty years the system
of sewers and water works shall revert to and become the properties
of the cities of Panama and Colon respectively, and the use of the
water shall be free to the inhabitants of Panama and Colon, except
to the extent, that water rates may be necessary for the operation
and maintenance of said system of sewers and water.
The Republic of Panama agrees that the cities of Panama and
Colon shall comply in perpetuity with the sanitary ordinances whether
of a preventive or curative character prescribed by the United States
.:nd in case the Government of Panama is unable or fails in its duty
rto enforce this compliance by the cities of Panama and Colon with
the sanitary ordinances of the United States the Republic of Panama
*grants to the United States the right and authority to enforce the
same.
The same right and authority are granted to the United States for
the maintenance of public order in the cities of Panama and Colon







and the territories and harbors adjacent thereto in case the Republic
of Panama should not be, in the judgment of the United States, able
to maintain such order.

ARTICLE VIII.

The Republic of Panama grants to the United States all rights
which it now has or hereafter may acquire to the property of the
New Panama Canal Company and the Panama Railroad Company as
a result of the transfer of sovereignty from the Republic of Colombia
to the Republic of Panama over the Isthmus of Panama and author-
izes the New Panama Canal Company to sell and transfer to the
United States its rights, privileges, properties and concessions as well
as the Panama Railroad and all the shares or part of the shares of that
company; but the public lands situated outside of the zone described
in Article II of this treaty now included in the concessions to both
said enterprises and not required in the construction or operation
of the Canal shall revert to the Republic of Panama except any
property now owned by or in the possession of said companies within
Panama or Colon or the ports or terminals thereof.

ARTiCLE IX.
The United States agrees that the ports at either entrance of the
Canal and the waters thereof, and the Republic of Panama agrees
that the towns of Panama and Colon shall be free for all time so
that there shall not be imposed or collected custom house tolls,
tonnage, anchorage, lighthouse, wharf, pilot., or quarantine dues
or any other charges or taxes of any kind upon any vessel using
or passing through the Canal or belonging to or employed by the
United States, directly or indirectly, in connection with the con-
struction, maintenance, operation, sanitation and protection of the
main Canal, or auxiliary works, or upon the cargo, officers, crew, or
passengers of any such vessels, except such tolls and charges as may
be imposed by the United States for the use of the Canal and other
works, and except tolls and charges imposed by the Republic of
Panama upon merchandise destined to be introduced for the con-
sumption of the rest of the Republic of Panama, and upon vessels
touching at the ports of Colon and Panama and which do not cross
the Canal.
The Government of the Republic of Panama shall have the right
to establish in such ports and in the towns of Panama and Colon
such houses and guards as it may deem necessary to collect duties
on importations destined to other portions of Panama and to prevent
contraband trade. The United States shall have the right to make
use of the towns and harbors of Panama and Colon as places of







anchorage, and for making repairs, for loading, unloading, deposit-
ing, or transshipping cargoes either in transit or destined for the
service of the Canal and for other works pertaining to the Canal.
ARTICLE X.
The Republic of Panama agrees that there shall not be imposed
any taxes, national, municipal, departmental, or of any other class,
upon the Canal, the railways and auxiliary works, tugs and other
vessels employed in the service of the Canal, store houses, work
shops,- offices, quarters for laborers, factories of all kinds, ware-
houses, wharves, machinery and other works, property, and effects
appertaining to the Canal or railroad and auxiliary works, or their
officers or employees, situated within the cities of Panama and Colon,
and that there shall not be imposed contributions or charges of a
personal character of any kind upon officers, employees, laborers,
and other individuals in the service of the Canal and railroad and
auxiliary works.
ARTICLE XI.

The United States agrees that the official dispatches of the Gov-
ernment of the Republic of Panama shall be transmitted over any
telegraph and telephone lines established for canal purposes and
used for public and private business at rates not higher than those
required from officials in the service of the United States.
ARTICLE XII.

The Government of the Republic of Panama shall permit the
immigration and free access to the lands and workshops of the Canal
ahd its auxiliary works of all employees and workmen of whatever
nationality under contract to work upon or seeking employment upon
or in any wise connected with the said Canal and its auxiliary works,
with their respective families, and all such persons shall be free and
exempt from the military service of the Republic of Panama.

ARTICLE XIII.

The United States may import at any time into the said zone
and auxiliary lands, free of custom duties, imposts, taxes, or other
charges, and without any restrictions, any and all vessels, dredges,
engines, cars, machinery, tools, explosives, materials, supplies, and
other articles necessary and convenient in the construction, mainte-
nance, operation, sanitation and protection of the Canal and auxil-
iary works, and all provisions, medicines, clothing, supplies and
other things necessary and convenient for the officers, employees,
workmen and laborers in the service and employ of the United States






I

and for their families. If any such articles are disposed of for use
outside of the zone and auxiliary lands granted to the United States
and within the territory of the Republic, they shall be subject to the
same import or other duties as like articles imported under the laws
of the Republic of Panama.
ARTICLE XIV.
As the price or compensation for the rights, powers and privi-
leges granted in this convention by the Republic of Panama to the
United States, the Government of the United States agrees to pay to
the Republic of Panama the sum of ten million dollars ($10,000.000)
in gold coin of the United States on the exchange of the ratification
of this convention and also an annual payment during the life of
this convention of two hundred and fifty thousand dollars ($250,000)
in like gold coin, beginning nine years after the date aforesaid.
The provisions of this Article shall be in addition to all other bene-
fits assured to the Republic of Panama under this convention.
But no delay or difference of opinion under this Article or any other
provisions of this treaty shall affect or interrupt the full operation
and effect of this convention in all other respects.
ARTICLE XV.

The joint commission referred to in Article VI shall be established
as follows:
The President of the United States shall nominate two persons and
the President of the Republic of Panama shall nominate two persons
and they shall proceed to a decision; but in case of disagreement of
the Commission (by reason of their being equally divided in conclu-
sion) an umpire shall be appointed by the two Governments who shall
render the decision. In the event of the death, absence, or incapacity
of a Commissioner or Umpire, or of his omitting, declining or ceas-
ing to act, his place shall be filled by the appointment of another per-
.son in the manner above indicated. All decisions by a majority of the
Commission or by the umpire shall be final.

ARTICLE XVI.
The two Governments shall make adequate provision by future
agreement for the pursuit, capture, imprisonment, detention and de-
livery within said zone and auxiliary lands to the authorities of the
Republic of Panama of persons charged with the commitment of
crimes, felonies or misdemeanors without said zone and for the pur-
suit, capture, imprisonment, detention and delivery without said zone
to the authorities of the United States of persons charged with the
commitment of crimes, felonies and misdemeanors within said zone
and auxiliary lands.







ARTICLE XVII.

The Republic of Panama grants to the. United States the use of
all the ports, of the Republic open to commerce as places of refuge for
any vessels employed in the Canal enterprise, and for all vessels pass-
ing or bound to pass through the Canal which may be in distress and
be driven to seek refuge in said ports. Such vessels shall be exempt
from anchorage and tonnage dues on the part of the Republic of
Panama.
ARTICLE XVIII.

The Canal, when constructed, and the entrances thereto shall be
neutral in perpetuity, and shall be opened upon the terms provided
for by Section I of Article three of, and in conformity with all the
stipulations of, the treaty entered into by the Governments of the
United States and Great Britain on November 18, 1901.

ARTICLE 'IX.!

The Government of the Republic of Panama shall have the right
to transport over the Canal its vessels and its troops and munitions of
war in such vessels at all times without paying charges of any kind.
The exemption is to be extended to the auxiliary railway for the
transportation of persons in the service of the Republic of Panama,
or of the police force charged with the preservation of public order
outside of said zone, as well as to their baggage, munitions of war
and supplies.

ARTICLE XX.

If by virtue of any existing treaty in relation to the territory of
the Isthmus of Panama, whereof the obligations shall descend or be.
assumed by the Republic of Panama, there may be any privilege or
concession in favor of the Government or the citizens and subjects
of a third power relative to an interoceanic means of communication
which in any of its terms may. be incompatible with the terms of the
present convention, the Republic of Pa n ma agrees to cancel or modify
such treaty in due form, for which purpose it shall give to the said
third power the requisite notification within the term of four months
from the date of the present convention, and in case the existing
treaty contains no clause permitting its modifications or annulment,
the Republic of Panama agrees to procure its modification or annul-
ment in such form that there shall not exist any conflict with the,
stipulations of the present convention.







ARTICLE XXI.

The rights and privileges granted by the Republic of Panama to
the United States in the preceding Articles are understood to be free
of all anterior debts, liens, trusts, or liabilities, or concessions or
privileges to other Governments, corporations, syndicates or indi-
viduals, and consequently, if there should arise any claims on account
of the present concessions and privileges or otherwise, the claimants
shall resort to the Government of the Republic of Panama and not
to the United States for any indemnity or compromise which may be
required.
ARTICLE XXII.
The Republic of Panama renounces and grants to the United States
the participation to which it might be entitled in the future earnings
of the Canal under Article XV of the concessionary contract with
Lucien N. B. Wyse now owned by the New Panama Canal Company
and any and all other rights or claims of a pecuniary nature arising
under cr relating to said concession, or arising under or relating to
the concessions to the Panama Railroad Company or any extension or
modification thereof; and it likewise renounces, confirms and grants
to the United States, now and hereafter, all the rights and property
reserved in the said concessions which otherwise would belong to
Panama at or before the expiration of the terms of ninety-nine years
of the concessions granted to or held by the above mentioned party
and companies, and all right, title and interest which it now has or
may hereafter have, in and to the lands, canal, works. property and
rights held by the said companies under said concessions or otherwise,
and acquired or to be acquired by the United States from or through
the New Panama Canal Company, including any property and rights
which might or may in the future either by lapse of time. forfeiture
or otherwise, revert to the Republic of Panama under any contracts
or concessions, with said Wyse, the Universal Panama Canal Com-
pany, the Panama Railroad Company and the New Panama Canal
Company.
The aforesaid rights and property shall be and are free and released
from any present or reversionary interest in or claims of Panama
and the title of the United States thereto upon consummation of the
contemplated purchase by the United States from the New Panama
Canal Company, shall be absolute, so far as concerns the Republic of
Panama, excepting always the rights of the Republic specifically
secured under this treaty.

ARTICLE XXIII.

If it should become necessary at any time to employ armed forces
for the safety or protection of the Canal, or of the ships that make







use of the same, or the railways and auxiliary works, the United
States shall have the right, at all times and in its discretion, to use
its police and its land and naval forces or to establish fortifications
for these purposes.
ARTICLE XXIV.

No change either in the Government or in the laws and treaties of
the Republic of Panama shall, without the consent of the United
States, affect any right of the United States under the present con-
vention, or under any treaty stipulation between the two countries
that now exists or may hereafter exist. touching the subject matter of
this convention.
If the Republic of Panama shall hereafter enter as a constituent
into any other Government or into any union or confederation of
states, so as to merge her sovereignty or independence in such Gov-:
ernment, union or confederation, the rights of the United States under
this convention shall not be in any respect lessened or impaired.

AP.TIC.E XXV.

For the better performance of the engagements of this convention
and to the end of the efficient protection of the Canal and the preser-
vation of its neutrality, the Government of the Republic of Panama
will sell or lease to the United States lands adequate and necessary
for naval or coaling stations on the Pacific coast and on the western
Caribbean coast of the Republic at. certain points to be agreed upon
with the President of the United States.

ARTICLE XXVI.

This convention when signed by the Plenipotentiaries of the Con-
tracting Parties shall be ratified by the respective Govermnents and
the ratifications shall be exchanged at Washington at the earliest date
possible.
In faith whereof the respective Plenipotentiaries have signed the
present convention in duplicate and have hereunto affixed their
respective seals.
Done at the City of Washington the 18th day of November in the
year of our Lord nineteen hundred and three.
JOHN HAY [SEAL]
P. BUNAU VARILLA [SEAL]

And whereas the said Convention has been duly ratified on both
parts, and the ratifications of the two governments were exchanged
in the City of Washington, on the twenty-sixth day of February, one
thousand nine hundred and four;







Now, therefore, be it known that I, Theodore Roosevelt, President
of the United States of America, have caused the said Convention to
be made public, to the end that the same and every article and clause
thereof, may be observed and fulfilled with good faith by the United
States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the
seal of the United States of America to be affixed.
Done at the City of Washington, this twenty-sixth day of Febru-
ary, in the year of our Lord one thousand nine hundred
[SEAL] and four, and of the Independence of the United States the
one hundred and twenty-eighth.
THEODORE ROOSEVELT
By the President:
JOHN HAT
Secretary of State.

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