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A CONVENTION BETWEEN THE UNITED STATES AND THE REPUB-
LIC OF PANAMA FOR THE CONSTRUCTION OF A SHIP CANAL TO
CONNECT THE WATERS OF THE ATLANTIC AND PACIFIC OCEANS,
SIGNED ON NOVEMBER 18, 1903.

DECEMBER 8, 1903.-Read; convention read the first time and referred to the Committee on Foreign Relations and, together with the message, ordered to be printed in confidence for the use of the Senate.

-Injunction of secrecy removed.

To the Senate:

I transmit for the advice and consent of the Senate to its ratification a convention between the United States of America and the Republic of Panama for the construction of a ship canal, etc., to connect the waters of the Atlantic and Pacific oceans, signed on November 18, 1903.

I also inclose a report from the Secretary of State submitting the convention for my consideration.

WHITE HOUSE, December 7, 1903.

The PRESIDENT:

THEODORE ROOSEVELT.

The undersigned Secretary of State has the honor to lay before the President for his consideration, and, if his judgment approve thereof, for submission to the Senate, with a view to receiving the advice and consent of that body to its ratification, a convention between the United States of America and the Republic of Panama for the construction of a ship canal, etc., to connect the waters of the Atlantic and Pacific oceans, signed by the respective plenipotentiaries of the two countries on November 18, 1903.

Respectfully submitted.

DEPARTMENT OF STATE,

JOHN HAY.

Washington, November 19, 1903.

1

2

ISTHMIAN CANAL CONVENTION.

The United States of America and the Republic of Panama 3 being desirous to insure the construction of a ship canal across 4 the Isthmus of Panama to connect the Atlantic and Pacific oceans, 5 and the Congress of the United States of America having passed 6 an act approved June 28, 1902, in furtherance of that object, by 7 which the President of the United States is authorized to acquire 8 within a reasonable time the control of the necessary territory of 9 the Republic of Colombia, and the sovereignty of such territory 10 being actually vested in the Republic of Panama, the high con11 tracting parties have resolved for that purpose to conclude a 12 convention and have accordingly appointed as their plenipo13 tentiaries,—

14 The President of the United States of America, John Hay, 15 Secretary of State, and

16 The Government of the Republic of Panama, Philippe Bunau17 Varilla, Envoy Extraordinary and Minister Plenipotentiary of 18 the Republic of Panama, thereunto specially empowered by said 19 government, who after communicating with each other their 20 respective full powers, found to be in good and due form, have 21 agreed upon and concluded the following articles:

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26

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 27 the use, occupation and control of a zone of land and land under 28 water for the construction, maintenance, operation, sanitation 29 and protection of said Canal of the width of ten miles extending 30 to the distance of five miles on each side of the center line of the 31 route of the Canal to be constructed; the said zone beginning in 32 the Caribbean Sea three marine miles from mean low water mark 33 and extending to and across the Isthmus of Panama into the Pacific 34 ocean to a distance of three marine miles from mean low water 35 mark with the proviso that the cities of Panama and Colon and the 36 harbors adjacent to said cities, which are included within the 37 boundaries of the zone above described, shall not be included

JAN 28 1938

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