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SUPPLEMENT No. 1.-TREATIES AND ACTS OF CONGRESS
RELATING TO THE PANAMA CANAL.

TABLE OF CONTENTS.

An act making appropriations for the Department of Agriculture for the fiscal

year ending June 30, 1923, and for other purposes, approved May 11, 1922....

An act making appropriations for the Department of the Interior for the fiscal

year ending June 30, 1923, and for other purposes, approved May 24, 1922....

An act to amend the act entitled "An act to prohibit the importation and use

of opium for other than medicinal purposes," approved February 9, 1909,

as amended, approved May 26, 1922.

An act making appropriations for the Departments of State and Justice and

for the Judiciary for the fiscal year ending June 30, 1923, and for other pur-

poses, approved June 1, 1922..

An act to amend an act entitled "An act to provide compensation for em-

ployees of the United States suffering injuries while in the performance of

their duties, and for other purposes," approved September 7, 1916, approved

June 13, 1922..

Joint resolution authorizing the Secretary of the Treasury to designate deposi-

taries of public moneys in foreign countries and in the Territories and in-

sular possessions of the United States, approved June 19, 1922

An act to provide additional compensation for certain civilian employees of

the Governments of the United States and the District of Columbia during

the fiscal year ending June 30, 1923, approved June 29, 1922

An act making appropriations for the military and nonmilitary activities of the

War Department for the fiscal year ending June 30, 1923, and for other

purposes, approved June 30, 1922.

An act making appropriations to supply deficiencies in appropriations for the

fiscal year ending June 30, 1922, and prior fiscal years, supplemental

appropriations for the fiscal year ending June 30, 1923, and for other pur-

poses, approved July 1, 1922.

An act making appropriations for the Navy Department and the Naval

Service for the fiscal year ending June 30, 1923, and for other purposes, ap-

proved July 1, 1922.

An act to give effect to certain provisions of conventions with foreign govern-

ments for facilitating the work of traveling salesmen, approved September

22, 1922..

Treaty Between the United States of America and the Republic of Colombia, March 30, 1922. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Treaty between the United States of America and the Republic of Colombia, for the settlement of their differences arising out of the events which took place on the Isthmus of Panama in November, 1903, was concluded by their respective Plenipotentiaries at Bogotá on the sixth day of April in the year one thousand nine hundred and fourteen, which Treaty, in the English and Spanish languages,* and as amended by the Senate of the United States, is word for word as follows:

TREATY

between the United States of America and the Republic of Colombia for the settlement of their differences arising out of the events which took place on the Isthmus of Panama in November, 1903.

The United States of America and the Republic of Colombia, being desirous to remove all the misunderstandings growing out of the political events in Panama in November, 1903; to restore the cordial friendship that formerly characterized the relations between the two countries, and also to define and regulate their rights and interests in respect of the interoceanic canal which the Government of the United States has constructed across the Isthmus of Panama, have resolved for this purpose to conclude a Treaty and have accordingly appointed as their Plenipotentiaries:

His Excellency the President of the United States of America, Thaddeus Austin Thompson, Envoy Extraordinary and Minister Plenipotentiary of the United States of America to the Government of the Republic of Colombia; and

His Excellency the President of the Republic of Colombia, Francisco José Urrutia, Minister for Foreign Affairs; Marco Fidel Suárez, First Designate to exercise the Executive Power; Nicolás Esguerra, Ex-Minister of State; José María González Valencia, Senator; Rafael Uribe Uribe, Senator; and Antonio José Uribe, President of the House of Representatives;

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:

ARTICLE I.

The Republic of Colombia shall enjoy the following rights in respect to the interoceanic Canal and the Panama Railway, 228 the title to which is now vested entirely and absolutely in the United States of America, without any incumbrances or indemnities whatever.

1.—The Republic of Colombia shall be at liberty at all times to transport through the interoceanic Canal its troops, materials of war and ships of war, without paying any charges to the United States.

2. The products of the soil and industry of Colombia passing through the Canal, as well as the Colombian mails, shall be exempt from any charge or duty other than those to which the products and mails of the United States may be subject. The products of the soil and industry of Colombia, such as cattle, salt and provisions, shall be admitted to entry in the Canal Zone, and likewise in the islands and mainland occupied or which may be occupied by the United States as auxiliary and accessory thereto, without paying other duties or charges than those payable by similar products of the United States.

*The original proclamation also contains the Spanish version which has been ommited from this reprint. 227 See "Treaties, Conventions, International Acts, Protocols, and Agreements between the United States of America and Other Powers, 1776-1909," bv W. M. Malloy, Washington Government Printing Office, for other treaties with Colombia, viz: "Amity, commerce, navigation, 1824 and 1846": "Consular Convention, 1850"; "Claims, 1857 and 1864"; "Extradition, 1888." For treaty of 1903 with Panama, see T. & A. 18.

228 Rights of the railroad company and of the Colombian Government with relation to one another, prior to November, 1903, are stated in the contract of April 15, 1850, as reform d July 5, 1867, and modified in 1876, 1880, and 1891. See report of J. L. Bristow, Special Panama Kailroad Commissioner, June 24, 1905, page 296, et seq.

3.-Colombian citizens crossing the Canal Zone shall, upon production of proper proof of their nationality, be exempt from every toll, tax or duty to which citizens of the United States are not subject.

4. Whenever traffic by the Canal is interrupted or whenever it shall be necessary for any other reason to use the railway, the troops, materials of war, products and mails of the Republic of Colombia, as above mentioned, shall be transported on the Railway between Ancon and Cristobal or on any other Railway substituted therefor, paying only the same charges and duties as are imposed upon the troops, materials of war, products and mails of the United States. The officers, agents and employees of the Government of Colombia shall, upon production of proper proof of their official character or their employment, also be entitled to passage on the said Railway on the same terms as officers, agents and employees of the Government of the United States.

5.-Coal, petroleum and sea salt, being the products of Colombia, for Colombian consumption passing from the Atlantic coast of Colombia to any Colombian port on the Pacific coast, and vice versa, shall, whenever traffic by the Canal is interrupted, be transported over the aforesaid Railway free of any charge except the actual cost of handling and transportation, which shall not in any case exceed one half of the ordinary freight charges levied upon similar products of the United States passing over the Railway and in transit from one port to another of the United States.

ARTICLE II.

The Government of the United States of America agrees to pay at the City of Washington to the Republic of Colombia the sum of twenty-five million dollars, gold, United States money, as follows: The sum of five million dollars shall be paid within six months after the exchange of ratifications of the present treaty, and reckoning from the date of that payment, the remaining twenty million dollars shall be paid in four annual installments of five million dollars each.

ARTICLE III.

The Republic of Colombia recognizes Panama as an independent nation and taking as a basis the Colombian Law of June 9, 1855, agrees that the boundary shall be the following: From Cape Tiburón to the headwaters of the Rio de la Miel and following the mountain chain by the ridge of Gandi to the Sierra de Chugargun and that of Mali going down by the ridges of Nigue to the heights of Aspave and from thence to a point on the Pacific half way between Cocalito and La Ardita.

In consideration of this recognition, the Government of the United States will, immediately after the exchange of the ratifications of the present Treaty, take the necessary steps in order to obtain from the Government of Panama the despatch of a duly accredited agent to negotiate and conclude with the Government of Colombia a Treaty of Peace and Friendship, with a view to bring about both the establishment of regular diplomatic relations between Colombia and Panama and the adjustment of all questions of pecuniary liability as between the two countries, in accordance with recognized principles of law and precedents.

ARTICLE IV.

The present Treaty shall be approved and ratified by the High Contracting Parties in conformity with their respective laws, and the ratifications thereof shall be exchanged in the city of Bogotá, as soon as may be possible.

In faith whereof, the said Plenipotentiaries have signed the present Treaty in duplicate and have hereunto affixed their respective seals.

Done at the city of Bogotá, the sixth day of April in the year of our Lord nineteen hundred and fourteen.

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And whereas the advice and consent of the Senate of the United States to the ratification of the said Treaty was given also with the "understanding, to be made a part of such treaty and ratification, that the provisions of section 1 of Article I of the treaty granting to the Republic of Colombia free passage through the Panama Canal for its troops, materials of war and ships of war, shall not apply in case of war between the Republic of Colombia and any other country;"

And whereas the said Treaty as amended by the Senate and the above recited understanding of the Senate made a part of such Treaty have been duly ratified on both parts, and the ratifications of the two Governments were exchanged at Bogotá, on the first day of March, one thousand nine hundred and twenty-two;

Now, therefore, be it known that I, Warren G. Harding, President of the United States of America, have caused the said Treaty, as amended, and the said understanding, made a part thereof, 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 to be affixed.

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Done at the city of Washington, this thirtieth day of March, in the year of our Lord one thousand nine hundred and twenty-two, and of the independence [SEAL.] of the United States of America the one hundred and forty-sixth. WARREN G HARDING

By the President:

CHARLES E. HUGHES
Secretary of State.

PROTOCOL OF EXCHANGE.

The undersigned Plenipotentiaries having met for the purpose of exchanging the ratifications of the Treaty signed at Bogotá, on April 6, 1914, between the United States of America and Colombia, providing for the settlement of differences arising out of the events which took place on the Isthmus of Panama in November, 1903, and the ratifications of the Treaty aforesaid having been carefully compared and found exactly comformable to each other, the exchange took place this day in the usual form.

With reference to this exchange the following statement is incorporated in the present Protocol in accordance with instructions received:

1. In conformity with the final Resolution of the Senate of the United States in giving its consent to the ratification of the Treaty in question, the stipulation contained in the first clause of Article one by which there is ceded to the Republic of Colombia free passage of its troops, materials of war and ships of war through the Panama Canal, shall not be applicable in case of a state of war between the Republic of Colombia and any other country.

2. The said final Resolution of the Senate of the United States signifies, as the Secretary of State in effect stated in the note which he addressed to the Colombian Legation in Washington on the 3rd day of October, 1921, that the Republic of Colombia will not have the right of passage, free of tolls, for its troops, materials of war and ships of war, in case of war between Colombia and some other country, and consequently, the Republic of Colombia will be placed, when at war with another country, on the same footing as any other nation under similar conditions, as provided in the Hay-Pauncefote Treaty concluded in 1901; and that, therefore, the Republic of Colombia will not by operation of the declaration of the Senate of the United States above mentioned, be placed under any disadvantage as compared with the other belligerent or belligerents, in the Panama Canal, in case of war between Colombia and some other nation or nations. With this understanding the said Resolution has been accepted by the Colombian Congress in accordance with the dispositions contained in Article two of Law fifty-six of 1921, "by which is modified Law number fourteen of 1914" approving the Treaty.

IN WITNESS WHEREOF, they have signed the present Protocol of Exchange and have affixed their seals thereto.

DONE at Bogotá, this first day of March, one thousand nine hundred and twentytwo.

[SEAL.] [SEAL.]

HOFFMAN PHILIP
ANTONIO JOSÉ URIBE

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