Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-21
CANAL TREATY TEXT
Agreement Of Secretary Hay
and Minister Vanilla.
TEN-MILE LAND STRIP
TEN MILLION DOLLARS TO BE
PAID TO PANAMA.
After Nine Years an Annual Payment
of $3.50, 600 to Be Made-Free
Ports at Entrance.

From the New York Sun.
Following is the treaty between the
United States and the republic of Panama
for the construction, maintenance, opera
ton, sanitation and protection of a ship
canal across the Isthmus Of Panama. and
the use. occupation and control in perpe-
tufty of zone of land through which the
canal will be dug, signed at Washington on
November 10 by Secretary of State Hay
for the United States and Minister Bunau-
Varilla for the republic of Panama:
Preamble.
THE United States of America and the
republic of Panama being DESTROYS to insure
the construction of ship canal across the
Isthmus Of Panama to connect the Atlantic
end Pacific oceans and the Congress of the
United States Of America having passed an
act approved June 10, 1902, in furtherance
OF that object, copy of which is hereto an
nexed, by which the President of the United
States Is directed to acquire within rea-
sOnable time the control of the necessary
territory of the republic of Columbia, and
the sovereignty of such territory being &C
tually vested in the republic of Panama, the
high contracting parties have resolved for
that purpose to conclude a convention ana
have accordingly appointed as their plen1-
States of America. John Hay. Secretary OF
State, and the government of the republic OF
Panama. Philippe Bunau-Varilla. envoy ex-
traordinary and minister plenipotentiary Of
the republic of Panama, thereunto en-
powered by said government, who, after
communicating with each other their re-
spective full powers found to be in good
and due form, have agreed upon the follow
Ing articles:
Guarantees Independence.
ARTICLE 1.-The United States guarantees
and will maintain the independence of the
republic of Panama.
Cession Of Ten-Mile Strip.
ARTICLE 1.-THE republic of Panama
grants to the United States in perpetuity
the use. occupation and control Of the zone
Of land and land under water for the con-
struction. maintenance, operation, SANTA
ton 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
or 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 distance Of three marine miles
from mean low water mark. with the pro-
vfso 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
or 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, sani-
tation and protection Of the said canal or
of any auxiliary canals or other works
necessary and convenient for the construc-
ton maintenance, operation, sanitation
m of fha toll
republic of Panama further grants to the
United States in perpetuity the use occupa-
ton and control of 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.
United States Given Sovereignty.
article III-Thc republic of Panama
grants to the United States all the rights.
power and authority within the zone men
toned and described in Article II of this
agreement. and within the limits of all
auxiliary lands and waters mentioned and
described in said Article H. which the
United States would possess and exercise
If 1t were the sovereign of the territory
within which said lands and waters are
located to the entire exclusion of the exer-
else by the republic of Panama of any such
sovereign rights, power and authority.
Use Of Waterways.
article WAS 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 it's limits for navi-
CATION, the supply of water or waterpower
or other purposes, so far as the use of the
said rivers, streams, lakes and bodies of
water and the waters thereof may be neces-
sary and convenient for the construction
4lr,ta itNf iTT,
lection of the said canal.
Monopoly Of Isthmian Transit.
Article V-The republic of Panama
grants to the United States in perpetuity
a monopoly for the construction, main
tenance and operation of any system of
communication by means of canal or rail-
road across it's territory between the Ca
ribbean and the Pacific ocean.
Rights of Land Owners.
ARTICLE VI-The grants herein contained
shall in no manner invalidate the titles or
rights of private landholders or owners
of private property in the said zone, or in
or to any of the land or waters leased or
granted TO the United States by provisions
of any article of this treaty. nor shall they
interfere with the right 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 private rights
shall conflict with the rights herein granted
to the United States, In which case the
rights of the United states shall be superior.
All damages caused 10 the owners of pri-
yate 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 1t agents or employees or by
reason of the construction, maintenance op-
GRAFTON. sanitation and protection of the
SAID canal or OF the works of sanitation and
protection herein provided for, shall be APP
praised and settled by joint commission
appointed by the governments of the United
states and of the republic of Panama
whose decisions rs to such damage shall be
final and whose awards as to such damage
shall be paid solely by the United States.
No part of the work on said canal or on the
Panama railroad or 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 private lands and private property
and the assessment of damages to them
shall be based upon their value before the
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