678 



UNITED STATES OF AMERICA. (FOREIGN RELATIONS.) 



eluding Panama and Colon, shall be free to the 

 commerce of the world, and no duties or taxes 

 shall be imposed except upon merchandise destined 

 to be introduced for the consumption of the rest 

 of the Republic of Colombia, or upon vessels touch- 

 ing at the ports of Colon and Panama and which 

 do not cross the canal. There shall not be im- 

 posed any taxes upon the canal, the vessels that 

 may use it, or property and effects appertaining 

 to the canal or railroad nor contributions of a per- 

 sonal character upon individuals in the service of 

 the canal. The United States shall have authority 

 to protect and make secure the canal, as well as 

 railways and other auxiliary works and de- 

 pendencies, and to preserve order and disci- 

 pline among the laborers and other persons who 

 may congregate in that region, and to make 

 and enforce such police and sanitary regulations 

 as it may deem necessary to preserve order 

 and public health and to protect navigation and 

 commerce from interruption or damage. The Re- 

 public of Colombia may establish judicial tribu- 

 nals within said zone, which shall have exclusive 

 jurisdiction of all controversies between citizens 

 of the Republic of Colombia or between citizens 

 of any foreign nation other than the United States. 



Subject to the general sovereignty of Colombia 

 over said zone, the United States may establish 

 judicial tribunals thereon, which shall have juris- 

 diction of all controversies between citizens of the 

 United States and between citizens of the United 

 States and citizens of any foreign nation other 

 than the Republic of Colombia; and of all con- 

 troversies growing out of or relating to the con- 

 struction, maintenance, or operation of the canal, 

 railway, and other properties and works. The 

 United States and Colombia engage jointly to 

 establish judicial tribunals, which shall have 

 jurisdiction of all controversies between citizens 

 of the United States and citizens of Colombia, 

 and between citizens of nations other than Co- 

 lombia or the United States; and also of all 

 crimes, felonies, and misdemeanors committed 

 within said zone, and of all questions of admiral- 

 ty arising therein. 



The two governments shall agree upon the laws 

 and procedure which shall govern this tribunal, 

 and also shall make adequate provision by agree- 

 ment for the capture, detention, and delivery 

 within said zone of persons charged with the com- 

 mitment of crimes, felonies, or misdemeanors 

 within and without said zone. The works of 

 the canal, the railways, and their auxiliaries are 

 declared of public utility, and in consequence all 

 areas of land and water necessary for the con- 

 struction, maintenance, and operation of the 

 canal and the other specified works may be ex- 

 propriated in conformity with the laws of Co- 

 lombia. The indemnities awarded by a joint com- 

 mission for such expropriation shall be borne by 

 the United States, but the appraisal of said land 

 and the assessment of damages shall be based 

 upon their value before the commencement of the 

 work upon the canal. 



The canal, when constructed, and the entrance 

 thereto shall be neutral in perpetuity. The Gov- 

 ernment of Colombia shall have the right to 

 transport over the canal its vessels, troops, and 

 munitions of war at all times, without paying 

 charges of any kind. This exemption is to be ex- 

 tended to the auxiliary railroads for the trans- 

 portation of persons in the service of the Repub- 

 lic of Colombia or of the Department of Panama, 

 or of the police force charged with the preserva- 

 tion of public order outside of said zone. The 

 United States shall have full power and author- 

 ity to establish and enforce regulations for the 



use of the canal, the railways, and the entering 

 ports and auxiliary works, and to fix rates of 

 tolls and charges thereof. 



The Republic of Colombia renounces the par- 

 ticipation to which it might be entitled, in the 

 future earnings of the canal under the conces- 

 sionary contract and all other claims of a pecu- 

 niary nature arising under concessions, and con- 

 firms and grants to the United States all the 

 rights and property which otherwise would be- 

 long to Colombia at or before the expiration of 

 the title and interest which it now has in the 

 lands, and rights which might by lapse of time, 

 forfeiture, or otherwise, revert to the republic. 



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 other works, the 

 Republic of Colombia agrees to provide the forces 

 necessary for such purpose according to the cir- 

 cumstances of the case, but if the Government of 

 Colombia can not effectively comply with this 

 obligation, then, with the consent of or at the 

 request of Colombia, or of the local authorities, 

 civil or military, the United States shall employ 

 such force as may be necessary for that sole 

 purpose; and as soon as the necessity shall have 

 ceased will withdraw the forces so employed. 

 Under exceptional circumstances, however, on ac- 

 count of unforeseen or imminent danger to said 

 canal, railways, and other works, or to the lives 

 and property of the persons employed, the Gov- 

 ernment of the United States is authorized to act 

 in the interest of their protection without the 

 necessity of obtaining the consent beforehand of 

 the Government of Colombia; and it shall give 

 immediate advice of the measures adopted for the 

 purpose stated, and as soon as sufficient Colom- 

 bia forces shall arrive to attend to the indicated 

 purpose those of the United States shall retire. 



The Government of the United States agrees to 

 complete the construction of the preliminary 

 works necessary, together with all auxiliary 

 works, in the shortest time possible; and within 

 two years from the date of the exchange of rati- 

 fications the main works of the canal properly 

 shall be commenced, and it shall be opened to the 

 traffic between the two oceans within twelve 

 years from that date. In case, however, that any 

 difficulties or obstacles should arise in the con- 

 struction of the canal the Government of Colom- 

 bia will prolong for twelve years more the terms 

 stipulated. But in case the United States shouh 

 at any time, determine to make such canal prac 

 tically a sea-level canal, then such period sha 

 be extended for ten years further. As the pric 

 or compensation for the right to use the /on 

 granted in this convention, together with th 

 proprietary right over the Panama Railroad, an 

 for the annuity of $250,000 gold, which Colombia 

 ceases to receive from the railroad, as well as 

 compensation for other rights, privileges, and ex 

 emptions granted to the United States, and ir 

 consideration of the increase in the administra 

 tive expenses of the Department of Panama, tin 

 Government of the United States binds itself t<> 

 pay Colombia the sum of $10,000.000 in gold on 

 the exchange of ratifications, and also an annual 

 payment during the life of this convention o 

 $250,000 in gold, beginning nine years from thar 

 date. If Colombia shall hereafter enter as a con- 

 stituent into any other Government or into any 

 union or confederation of States, so as to mer_'<' 

 her sovereignty or independence in such Govern- 

 ment, union, or confederation, the rights of tin- 

 United States under this convention shall not bo 

 in any effect lessened or impaired. 



