treaty with panama.3
The United States of America and the Republic of Panama, mutually
desiring to facilitate the construction, maintenance, and operation of
the interoceanic canal across the Isthmus of Panama and to promote a
good understanding between the nations most closely and directly
concerned in this highway of the world’s commerce, and thereby to
further its construction and protection, deem it well to amend and in
certain respects supplement the treaty concluded between the United
States of America and the Republic of Panama on the 18th of November,
1903, and to that end have appointed their respective plenipotentiaries,
to wit:
- The President of the United States of America, Elihu Root,
Secretary of State of the United States;
- The President of the Republic of Panama, Carlos Constantino
Arosemena, envoy extraordinary and minister plenipotentiary of
the Republic of Panama,
Who, after exchange of their full powers, found to be in good and due
form, have agreed upon the following articles:
Article I.
It is mutually agreed between the high contracting parties that Article
XIV of the treaty concluded between them on the 18th day of November,
1903, be, and the same is hereby, amended by substituting
[Page 224]
therein the words “four years”
for the words “nine years,” and accordingly the United States of America
agrees to make the annual payments therein provided for beginning four
years from the exchange of said treaty instead of nine years from that
date.
The United States of America consents that the Republic of Panama may
assign and transfer, in advance, to the Republic of Colombia, and to its
assigns or nominees, the first ten annual installments of two hundred
and fifty thousand dollars each, so falling due under said treaty as
thus amended, on the 26th days of February in the years 1908 to 1917,
both inclusive, and its right and title thereto, and, upon the direction
and acquittance therefor of the Republic of Panama, will pay said ten
installments as they respectively fall due directly to the Republic of
Colombia, its assigns or nominees, for account of the Republic of
Panama. Such installments as may have matured when the ratifications of
this treaty shall be exchanged pursuant to its terms shall be payable on
the ninetieth day after the date of such exchange.
Article II.
Final delimitation of the cities of Panama and Colon and of the harbors
adjacent thereto, under and to effectuate the provisions of Article II
of said treaty of November 18th, 1903, shall be made by agreement
between the executive departments of the two Governments immediately
upon the exchange of ratifications of this treaty.
It is further agreed that the Republic of Panama shall have the right,
upon one year’s previous notice, at any time within the period of fifty
years mentioned in Article VII of said treaty of November 18th, 1903, to
purchase and take over from the United States of America so much of the
water mains and distributing system of the waterworks mentioned in said
articles, for the supply of the city of Panama, and of the appliances
and appurtenances thereof, as may lie outside the Canal Zone, and
terminate the provisions of said treaty for the ultimate acquisition by
the Republic of Panama of said waterworks, upon payment of such sum in
cash as may be agreed upon as just by the Presidents of the two high
contracting parties, who are hereby fully empowered so to agree; if
there shall arise any dispute or difference between the high contracting
parties with respect to such delimitation, or if their Presidents shall
not be able to agree as to the sum so to be paid, then upon the request
of either party, any such difference shall be submitted to the tribunal
of arbitration hereinafter provided for.
Article III.
It is further agreed that all differences which may arise relating to the
interpretation or application of the treaty between the United States of
America and the Republic of Panama concluded on the 18th day of
November, 1903, which it may not have been possible to settle by
diplomacy, shall be referred, on the request of either party, to a
tribunal of arbitration to consist of three members, of whom the United
States shall nominate one member, the Republic of Panama shall nominate
one member, and the two members thus nominated shall jointly nominate a
third member, or, in the event of their failure
[Page 225]
to agree within three months after appointment,
upon the nomination of the third member, such member shall be appointed
by the President of Peru. Said tribunal shall decide by a majority vote
all questions respecting its procedure and action, as well as all
questions concerning the matters submitted to it. The tribunal shall
deliver duplicate copies of its decisions upon any of the matters
submitted to it, as hereinafter specified, to the United States and to
the Republic of Panama, and any such decision signed by a majority of
the members of the tribunal shall be conclusively deemed the decision of
the tribunal. Any vacancy in the membership of the tribunal caused by
the death, incapacity, or withdrawal of any member shall be filled in
the manner provided for the original appointment of the member whose
office shall thus become vacant. The determinations of said tribunal
shall be final, conclusive, and binding upon the high contracting
parties hereto, who bind themselves to abide by and conform to the
same.
The temporary working arrangement or modus vivendi contained in the
Executive orders of December 3rd, 6th, 16th, and 28th, 1904, and January
5, 1905, made at Panama by the Secretary of War of the United States,
and by the President of Panama, on December 6, 1904, which was entered
into for the purpose of the practical operation of the aforesaid treaty
of November 18, 1903, shall be submitted to revision by the Executive
Departments of the two Governments with the view to making the same and
the practice thereunder conform (if in any respect they shall be found
not to conform) to the true intent and meaning of the said treaty and to
the preservation and protection of the rights of the two Governments and
of the citizens of both parties thereunder; and any question as to such
conformity arising upon such revision which shall remain in dispute
shall be submitted to said tribunal of arbitration.
It is now agreed, however, that the rate of duty to be levied by the
Republic of Panama and fixed at ten per cent ad
valorem by the first proviso to said Executive order of
December 3rd, 1904, may be increased to any rate not exceeding twenty
per cent ad valorem, at the pleasure of said
Republic.
Article IV.
There shall be a full, entire, and reciprocal liberty of commerce and
navigation between the citizens of the two high contracting parties, who
shall have reciprocally the right, on conforming to the laws of the
country, to enter, travel, and reside in all parts of the respective
territories, saving always the right of expulsion of undesirable
persons, which right each Government reserves to itself, and they shall
enjoy in this respect, for the protection of their persons and their
property, the same treatment and the same rights as the citizens or
subjects of the most favored nation; it being understood and agreed that
citizens of either of the two Republics thus residing in the territory
of the other shall be exempt from military service imposed upon the
citizens of such Republic.
And the United States of America further agrees that the Republic of
Panama and the citizens thereof shall have and shall be accorded on
equal terms all such privileges, rights, and advantages in respect
[Page 226]
to the construction,
operation, and use of the canal, railroad, telegraph, and other
facilities of the United States within the Canal Zone, and in respect of
all other matters relating thereto, operating within or affecting the
Canal Zone or property and persons therein, as may at any time be
granted by the United States of America in accord with said treaty of
November 18th, 1903, directly or indirectly, to any other nation or the
citizens or subjects thereof, it being the intention of the parties that
the Republic of Panama and the citizens thereof shall be with respect
thereto placed at least on an equal footing with the most favored nation
and the citizens or subjects thereof.
Article V.
It is expressly understood and agreed that this treaty shall not become
operative nor its provisions obligatory upon either of the high
contracting parties until and unless the treaties of even date between
the Republic of Colombia and the Republic of Panama and between the
Republic of Colombia and the United States of America are both duly
ratified and the ratifications thereof are exchanged simultaneously with
the exchange of ratifications of the present treaty.
Article VI.
This treaty shall be ratified and the ratifications thereof shall be
exchanged at Washington as soon as possible.
In witness whereof, we the respective plenipotentiaries have signed the
present treaty, in duplicate, in the English and Spanish languages and
have hereunto affixed our respective seals.
Done at
Washington the 9th day of January, in the year of our Lord
one thousand nine hundred and nine.
(Signed)
Elihu Root
.
[
seal.]
(Signed)
C. C. Arosemena
. [
seal.]
treaty with colombia.1
The United States of America and the Republic of Colombia, being
equally animated by the desire to remove all obstacles to a good
understanding between them and to facilitate the settlement of the
questions heretofore pending between Colombia and Panama by
adjusting at the same time the relations of Colombia to the canal
which the United States is now constructing across the Isthmus of
Panama, have resolved to conclude a treaty and to that end have
appointed as their plenipotentiaries:
- The President of the United States of America, Elihu Root,
Secretary of State of the United States;
- The President of the Republic of Colombia, Señor Don
Enrique Cortes, envoy extraordinary and minister
plenipotentiary of the Republic of Colombia at
Washington;
Who, after communicating to each other their respective full powers,
which were found to be in due and proper form, have agreed upon the
following articles:
[Page 227]
Article I.
There shall be mutual and inviolable peace and sincere friendship
between the Governments and peoples of the two high contracting
parties without exception of persons or places under their
respective dominion.
Article II.
In consideration of the provisions and stipulations hereinafter
contained it is agreed as follows:
The Republic of Colombia shall have liberty at all times to convey
through the ship canal now in course of construction by the United
States across the Isthmus of Panama the troops, materials for war,
and ships of war of the Republic of Colombia, without paying any
duty to the United States; even in the case of an international war
between Colombia and another country.
While the said interoceanic canal is in course of construction, the
troops and materials for war of the Republic of Colombia, even in
the case of an international war between Colombia and any other
country, shall be transported on the railway between Ancon and
Cristobal, or on any other railway substituted therefor, upon the
same conditions on which similar service is rendered to the United
States.
The officers, agents, and employees of the Government of Colombia
shall, during the same period, be entitled to free passage upon the
said railway across the Isthmus of Panama upon due notification to
the railway officials and the production of evidence of their
official character.
The foregoing provisions of this article shall not, however, apply in
case of war between Colombia and Panama.
Article III.
The products of the soil and industry of the Republic of Colombia,
such as provisions, cattle, etc., shall be admitted to entry in the
Canal Zone subject only to such duty as would be payable on similar
products of the United States of America under similar conditions,
so far as the United States of America has any right or authority to
fix the conditions of such importations.
Colombian laborers employed in the Canal Zone during the construction
of the canal, who may desire that their own families supply them
with provisions for their personal use, shall be entitled to have
such provisions admitted to the Canal Zone for delivery to them free
of any duty, provided that declaration thereof shall first have been
made before the commissary officers of the Isthmian Canal
Commission, in order to obtain the previous permit for such entry,
and subject to such reasonable regulations as shall be prescribed by
the commission for insuring the bona fides of
the transaction.
Article IV.
Colombian mails shall have free passage through the Canal Zone and
through the post offices of Ancon and Cristobal in the Canal Zone,
paying only such duties or charges as are paid by the mails of the
United States.
[Page 228]
During the construction of the canal Colombian products passing over
the Isthmian Railway from and to Colombian ports shall be
transported at the lowest rates which are charged for similar
products of the United States passing over said railway to and from
the ports of the United States; and sea salt, exclusively produced
in Colombia, passing from the Atlantic coast of Colombia to any
Colombian port on the Pacific coast, shall be transported over said
railway free of any charge except the actual cost of handling and
transportation, not exceeding one-half of the ordinary freight
charges.
Article V.
The United States recognizes and accepts notice of the assignment by
the Republic of Panama to the Republic of Colombia of the right to
receive from the United States payment of $250,000 in American gold
in each year from the year 1908 to the year 1917, both inclusive,
such assignment having been made in manner and form as contained in
the treaty between the Republic of Colombia and the Republic of
Panama bearing even date herewith, whereby the independence of the
Republic of Panama is recognized by the Republic of Colombia and the
Republic of Panama is released from obligation for the payment of
any part of the external and internal debt of the Republic of
Colombia.
Article VI.
The Republic of Colombia 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 in
distress passing or bound to pass through the canal and seeking
shelter or anchorage in said ports, subject in time of war to the
rules of neutrality properly applicable thereto. Such vessels shall
be exempt from anchorage or tonnage dues on the part of the Republic
of Colombia.
The Republic of Colombia renounces all rights and interests in
connection with any contract or concession made between it and any
corporation or person relating to the construction or operation of a
canal or railway across the Isthmus of Panama.
Article VII.
As soon as practicable after the exchange of ratifications of this
treaty and the contemporaneous treaties of even date herewith
between the United States of America and the Republic of Panama, and
between the Republic of Colombia and the Republic of Panama, the
United States of America and the Republic of Colombia will enter
into negotiations for the revision of the treaty of peace, amity,
navigation, and commerce between the United States of America and
the Republic of New Granada, concluded on the 12th day of December,
1846, with a view to making the provisions therein contained conform
to existing conditions, and to including therein provision for a
general treaty of arbitration.
[Page 229]
Article VIII.
This treaty, duly signed by the high contracting parties, shall be
ratified by each according to its respective laws, and the
ratifications thereof shall be exchanged at Washington as soon as
possible.
But it is understood that such ratifications are not to be exchanged
nor the provisions of this treaty made obligatory upon either party,
until and unless the aforesaid treaties between the Republic of
Colombia and the Republic of Panama, and between the United States
of America and the Republic of Panama, bearing even date herewith,
are both duly ratified, and the ratifications thereof are exchanged
simultaneously with the exchange of ratifications of this
treaty.
In witness whereof, we, the respective plenipotentiaries, have signed
the present treaty in duplicate, in the English and Spanish
languages, and have hereunto affixed our respective seals.
Done at the City of
Washington, the 9th day of
January, in the year of our Lord nineteen hundred and
nine.
(Signed)
Elihu Root
[
seal]
(Signed)
Enrique Cortes
[
seal]
treaty between the republics of panama and
colombia.1
The Republic of Colombia and the Republic of Panama, equally animated
by the desire to remove all obstacles to their good understanding,
to adjust their pecuniary and other relations to each other, and to
secure mutually the benefits of amity and accord, have determined to
conclude a convention for these purposes, and therefore have
appointed as their respective plenipotentiaries, that is to say:
- The President of the Republic of Colombia, Enrique Cortes,
envoy extraordinary and minister plenipotentiary of the
Republic of Colombia, in Washington, and
- The President of the Republic of Panama, Carlos
Constantino Arosemena, envoy extraordinary and minister
plenipotentiary of the Republic of Panama, in
Washington,
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded
the following articles:
Article I.
The Republic of Colombia recognizes the independence of the Republic
of Panama and acknowledges it to be a free, sovereign, and
independent nation.
Article II.
There shall be a mutual and inviolable peace and friendship between
the Government of the Republic of Colombia and its citizens on the
one part and the Government of the Republic of Panama and its
citizens on the other part, without exception of persons or places
under their respective dominion.
[Page 230]
Article III.
The Republic of Panama assigns and transfers to the Republic of
Colombia, and its assigns and nominees, in lawful and due form, the
first ten annual installments of two hundred and fifty thousand
dollars gold coin each becoming due to it, the Republic of Panama,
from the United States of America, on the 26th days of February in
the years 1908 to 1917, both inclusive, under and pursuant to the
provisions of Article XIV of the treaty between the United States of
America and the Republic of Panama concluded November 18, 1903, and
under and pursuant to the amendment thereof, embodied in a treaty of
even date between said nations, whereby said Article XIV is amended
by substituting the words “four years” for the words “nine years,”
so that the first annual payment of which that article treats shall
begin four years from the exchange of ratifications of said treaty
on February 26th, 1904, instead of nine years from said date, in
such manner that the said installments shall be paid by the United
States of America directly to the Republic of Colombia or its
assigns and nominees for account of the Republic of Panama, in
lawful and due form, beginning the 26th day of February, 1908. Such
installments as may have matured when the ratifications of this
treaty shall be exchanged pursuant to its terms, shall be payable on
the ninetieth day after the date of such exchange.
In consideration of the payments and releases which the Republic of
Panama makes to the Republic of Colombia, the latter recognizes and
agrees that the Republic of Panama has no liability upon and no
obligations to the holders of the external and internal debt of the
Republic of Colombia, nor to the Republic of Colombia, by reason of
any such indebtedness or claims relating thereto. The Republic of
Colombia recognizes and agrees that it is itself solely obligated
for such external and internal debt; assumes the obligation to pay
and discharge the same by itself alone; and agrees to indemnify and
hold harmless the Republic of Panama, should occasion arise, from
any liability in respect of such external and internal indebtedness,
and from any expense which may result from failure or delay in
respect of such payment and discharge.
Article IV.
Each of the contracting Republics releases and discharges the other
from all pecuniary claims and obligations of any nature whatever,
including the external and internal debt of the Republic of
Colombia, which either had against the other on the 3rd day of
November, 1903, it being understood that this reciprocal exoneration
relates only to the national debts and claims of one against the
other, and that it does not relate to individual rights and claims
of the citizens of either Republic. Neither party shall be bound to
allow or satisfy any of such individual claims arising from
transactions or occurrences prior to November 3, 1903, unless the
same would be valid according to the laws of the country against
which the claim is made, as such laws existed on November 3rd,
1903.
[Page 231]
Article V.
The Republic of Panama recognizes that it has no title or ownership
of any sort to the fifty thousand shares of the capital stock of the
New Panama Canal Company, standing in the name of the Republic of
Colombia on the books of said company at Paris, and the Republic of
Panama confirms the abandonment of all right and title which, with
respect to said shares, it made in the courts of justice of
France.
Article VI.
The citizens of each Republic, residing in the territory of the
other, shall enjoy the same civil rights which are or shall
hereafter be accorded by the laws of the country of residence to the
citizens of the most favored nation. It being understood, however,
that the citizens of either of the two Republics residing in the
other shall be exempt from military service imposed upon the
citizens of such Republic.
All persons born within the territory now of the Republic of Panama,
prior to the 3rd day of November, 1903, who were, on that day,
residents of the territory now of the Republic of Colombia, may
elect to be citizens of the Republic of Colombia or of the Republic
of Panama; and all persons born within the territory now of the
Republic of Colombia who were, on said 3rd day of November, 1903,
residents of the territory now of the Republic of Panama, may elect
to be citizens of the Republic of Panama or of the Republic of
Colombia, by making declaration of their election in the manner
hereinafter provided, within one year from the date of the
proclamation of the exchange of the ratifications of this treaty,
or, in case of any persons who shall not on that day be of full age,
within one year from their attainment of their majority according to
the laws of the country of their residence.
Such election may be made by filing in the office of the minister or
secretary of foreign affairs of the country of residence a
declaration of such election. Such declaration may be made before
any officer authorized to administer oaths and may be transmitted by
mail to such minister or secretary of foreign affairs, whose duty it
shall be to file and register the same, and no other formality
except the transmission thereof shall be required and no fees shall
be imposed for making of filing thereof. It shall be the duty of the
respective departments of foreign affairs of the high contracting
parties to communicate promptly to each other the names,
occupations, and addresses of the persons so exercising such
election.
All persons entitled to make such declarations who shall not have
made the same within the period hereinbefore limited shall be deemed
to have elected to become citizens of the country within whose
present territory they were born. But no further declaration shall
be required from any such person who has already by formal
declaration before a public official of either country, and in
accordance with its laws, made election of the nationality of that
country.
The natives of the countries of either of the two contracting
Republics who have heretofore or shall hereafter become citizens by
naturalization, or otherwise as herein provided for, in the other
Republic,
[Page 232]
shall not be
punished, molested, or discriminated against by reason of their acts
of adhesion to the country whose citizenship they have adopted.
Article VII.
Both Republics agree, each for itself, that neither of them shall
admit to form any part of its nationality any part of the territory
of the other which separates from it by force.
Article VIII.
As soon as this treaty and the contemporaneous treaties of even date
between the United States of America and the Republic of Colombia
and between the United States of America and the Republic of Panama
shall be ratified and exchanged, negotiations shall be entered upon
between the Republics of Colombia and Panama for the conclusion of
additional treaty or treaties, covering questions of commerce,
postal, telegraph, copyright, consular relations, extradition of
criminals, arbitration, and the like.
Article IX.
It is agreed between the high contracting parties and is declared,
that the dividing line between the Republic of Colombia and the
Republic of Panama shall be as follows, to wit:
From Cape Tiburon on the Atlantic to the headwaters of the Rio de la
Miel, and following the range by the Cerro de Gandi to the Sierra de
Chugargun and that of Mali, going down by the Cerros of Nique to the
heights of Aspave, and from there to the Pacific at such point and
by such line as shall be determined by the tribunal of arbitration
hereinafter provided for, and the determination of said line shall
conform to the decision of such tribunal of arbitration as next
provided.
As to the territory submitted to arbitration (the region of Jurado)
the boundaries and attribution of which to either the Republic of
Colombia or the Republic of Panama will be fixed by the
determination of the line aforesaid by said tribunal of arbitration,
the title thereto and the precise limits thereof, and the right to
the sovereignty thereof as between the high contracting parties,
shall be conclusively determined by arbitration in the following
manner:
A tribunal of arbitration shall be created to investigate and
determine all questions of fact and law concerning the rights of the
high contracting parties to or in all the territory in the
above-mentioned region of Jurado. The tribunal shall consist of
three members; the Republic of Colombia shall nominate one member,
the Republic of Panama shall nominate one member, both of whom shall
be nominated within three months after the exchange of ratifications
of this treaty, and the two members of the tribunal thus nominated
shall jointly nominate a third member, or, in the event of their
failure to agree within three months next after the appointment of
the last of them, and on request of the President of either of the
high contracting parties, the third member of the tribunal shall be
appointed by the President of the Republic of Cuba.
[Page 233]
The tribunal shall hold its sessions at such place as the tribunal
shall determine.
The case on behalf of each party, with the papers and documents,
shall be communicated to the other party within three months after
the appointment of the third member of the tribunal.
The countercases shall be similarly communicated with the papers and
documents within three months after communication of the cases
respectively.
And within two months after communication of the countercase the
other party may communicate its reply.
The proceedings of the tribunal shall be governed by the provisions,
so far as applicable, of the Convention for the Pacific Settlement
of International Disputes signed at The Hague by the representatives
of both the parties hereto on the 18th day of October, 1907.
The tribunal shall take into consideration all relevant laws and
treaties and all facts proved of occupancy, possession, and
political or administrative control in respect of the territory in
dispute.
Article X.
This treaty shall not be binding upon either of the high contracting
parties, nor have any force until and unless the treaties signed on
this same date between the Republic of Colombia and the United
States of America and between the Republic of Panama and the United
States of America are both duly ratified and ratifications thereof
are exchanged simultaneously with the exchange of the ratifications
of this treaty.
Article XI.
The present treaty shall be submitted for ratification to the
respective Governments, and ratifications hereof exchanged at
Washington as soon as possible.
In witness whereof, we, the respective plenipotentiaries, have signed
the present treaty in duplicate in the Spanish and English
languages, and have hereunto affixed our respective seals.
Done at the city of
Washington, the 9th day of
January, in the year of our Lord one thousand nine hundred
and nine.
(Signed)
Enrique Cortes
. [
seal.]
(Signed)
C. C. Arosemena
. [
seal.]
