Mr. Hay to Mr. Ehrman. [Telegram.] DEPARTMENT OF STATE, The people of Panama have, by an apparently unanimous movement, dissolved their political connection with the Republic of Colombia and resumed their independence. When you are satisfied that a de facto government, republican in form, and without substantial opposition from its own people, has been established in the State of Panama, you will enter into relations with it as the responsible government of the territory and look to it for all due action to protect the persons and property of citizens of the United States and to keep open the isthmian transit in accordance with the obligations of existing treaties governing the relation of the United States to that territory. Communicate above to Malmros, who will be governed by these instructions in entering into relations with the local authorities. HAY. Mr. Ehrman to Mr. Hay. [Telegram.] PANAMA, November 6, 1903. (Received 7.23 p.m.) Filippe Bunau Varilla has been appointed extraordinary and minister plenipotentiary to the United States of America. Perfect quiet. SECRETARY OF STATE, Washington: We take the liberty of bringing to the knowledge of your Government that on yesterday afternoon, in consequence of a popular and spontaneous movement of the people of this city, the independence of the Isthmus was proclaimed and, the Republic of Panama being instituted, its provisional government organizes an (executive) board consisting of ourselves, who are assured of the military strength necessary to carry out our determination. JOSÉ A. ARANGO. SECRETARY OF STATE, Washington: We notify you that we have appointed Señor Philippe Bunau Varilla confidential agent of the Republic of Panama near your Government and Dr. Francisco V. de la Espriella minister of foreign affairs. ARANGO. [Telegram. Translation.] PANAMA, November 6, 1903. (Received 10.40 a.m.) SECRETARY OF STATE, Washington: Colon and all the towns of the Isthmus have adhered to the declaration of independence proclaimed in this city. The authority of the Republic of Panama is obeyed throughout its territory. ARANGO. ARIAS. Mr. Varilla to Mr. Hay. [Translation.] LEGATION OF THE REPUBLIC OF PANAMA, Washington, November 11, 1903. MR. SECRETARY OF STATE: I have the very great honor to bring to your knowledge the fact that the Republic of Panama has designated me to fill, near the Government of the United States of America, the post of envoy extraordinary and minister plenipotentiary with full powers to negotiate. While begging you, Mr. Secretary of State, to transmit to His Excellency the President of the Republic of the United States the substance of the present communication, I venture to ask you to solicit from his kindness the appointment of a date on which he will authorize me to present to him my letters of credence. I have, etc., P. BUNAU VARILLA. Mr. Loomis to Mr. Varilla. No. 1.] DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 11th instant, . . In reply I have the honor to say that the President will be pleased to receive you for the purpose mentioned to-morrow, Friday, at 9.30 a.m. Accept etc., FRANCIS B. LOOMIS, REMARKS MADE BY THE MINISTER OF PANAMA. MR. PRESIDENT: In according to the minister plenipotentiary of the Republic of Panama the honor of presenting to you his letters of credence you admit into the family of nations the weakest and the last born of the republics of the New World. It owes its existence to the outburst of the indignant grief which stirred the hearts of the citizens of the Isthmus on beholding the despotic action which sought to forbid their country from fulfilling the destinies vouchsafed to it by Providence. In consecrating its right to exist, Mr. President, you put an end to what appeared to be the interminable controversy as to the rival waterways, and you definitely inaugurate the era of the achievement of the Panama Canal. From this time forth the determination of the fate of the canal depends upon two elements alone, now brought face to face, singularly unlike as regards their authority and power, but wholly equal in their common and ardent desire to see at last the accomplishment of the heroic enterprise for piercing the mountain barrier of the Andes. The highway from Europe to Asia, following the pathway of the sun, is now to be realized. The early attempts to find such a way unexpectedly resulted in the greatest of all historic achievements, the discovery of America. Centuries have since rolled by, but the pathway sought has hitherto remained in the realm of dreams. To-day, Mr. President, in response to your summons, it becomes a reality. 232. THE PANAMA CANAL TREATY Concluded November 18, 1903; proclaimed February 26, 1904. Statutes at Large of the United States, Vol. 33, Treaties and Conventions, pp. 148-155. 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,.. the high contracting parties have resolved for that purpose to conclude a convention... 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 perpetuity 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 Caribbean Sea three marine miles from mean low water mark and extending 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 adjacent 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 perpetuity 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... 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 Bay 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... described in Article II of this agreement... which the United States would possess... if it were the sovereign of the territory... to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority. 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,.. All damages caused to the owners of private lands or private property of any kind by reason of the grants contained in this treaty or by reason of the operations of the United States, .. 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 such damages shall be final and whose awards as to such damages shall be paid solely by the United States... |