been appropriated for any political purpose, should revert to the religious community to which it formerly belonged. I suggest that Panama should maintain her proportional obligation under the above, and that consequently she would continue to devote to that purpose the quota that was apportioned to the diocese of Panama by the convention of October 2, 1888, to wit, $13,000 annually, and that the stipulation above mentioned, relating to real estate, should be complied with. The justice and statesmanlike policy of this action do not require, in my opinion, further comment, and I have no doubt that it will be readily accepted by Panama. IV. As there may possibly appear in either of the two countries movements tending to the annexation to the other of a part of their respective territories, I propose as a safeguard to both, and as a means to avoid future causes of differences between them, that a stipulation similar to the one concluded between Colombia and Ecuador at the time of their separation in 1832 should be agreed The States of New Granada and Ecuador, animated as they are by the best wishes to maintain forever the most complete harmony of neighborhood and good understanding, solemnly engage themselves to respect their respective boundaries as agreed. In consequence thereof, New Granada shall never admit to form part of her nationality any group or groups of population which, separating themselves forcibly from Ecuador, seek annexation to New Granada; nor shall Ecuador admit any group or groups of population that, separating themselves forcibly from New Granada, seek annexation to the State of Ecuador. V. As a means of stimulating and strengthening the commerce between the two countries it is agreed that all natural products belonging to the three natural kingdoms, vegetable, mineral, and animal, the origin of which proceeds from either of the two contracting parties, shall not be submitted, on their importation into the other, to any duty whatever such as customhouse duties, commercial tax, or any other collected at the time of and on account of their importation into the country. It is understood that such freedom of importation is to be applied to all natural products as above, provided they have not been submitted to any manufacturing process subsequent to their usual preparation for the market. Mention is especially made of the following: Coffee, maize, rice, potatoes, wheat, barley and all cereals, all kinds of fibers, tobacco in leaves, woods for building, furniture, or dying, salt, platinum, gold, copper, iron, coals, live animals or in carcasses, etc. The above exemption from duty on importation does not exonerate the articles mentioned from the payment of duties, national, departmental, or municipal, imposed on similar articles of home production in the respective country. The above exemption from import duties does not apply to fat cattle of the bovine genus (ganado vacuno). By fat cattle is meant a live animal weighing above 400 kilos, the importation of which will be subject to the general regulations as to duty in the respective country. VI. It should be stipulated that goods in transit through the territory of Panama other than the Canal Zone or Panama Railway, shall not be subject to payment of any transit duty. VII. There shall be inserted in the treaty, embodying the stipulations referred to in the present memorandum, a special clause of amity and friendship between the two countries and a recognition by the Republic of Colombia of the independence of the Republic of Panama, mentioning the boundaries between the two countries, as per the Colombian law of June 9, 1855, which fixed the line of boundaries between the State of Cauca and the State of Panama; which is also included in the official edition of the geography of T. C. Mosquera, published in London in 1866, as follows: From the Atlantic, a line from Cape Tiburon 8° 41' north latitude, 3° 8' west longitude from Bogota to the head of the Rio de la Miel, and following the Cordillera by the hill of Gandi to the Sierra de Chugargun and Sierra de Mali, going down by the hill of Nique to the heights of Aspave and thence to the Pacific, between Cocalito and La Ardita, 7° 12′ north latitude, 3° 37′ west longitude from Bogota. VIII. A stipulation should be inserted in this treaty to the effect that as soon as it is ratified by the two nations in the usual form and ratifications exchanged, negotiations should be opened for a treaty or treaties on navigation, commerce, consular conventions, postal and telegraphic conventions, parcel post, artistic, literary, and scientific property, extradition of criminals, etc. Meanwhile it is agreed that the citizens of each country shall enjoy in the other full legal protection in their persons and property, that both countries will solicit from the United States the good offices of their diplomatic and consular representatives in favor of their respective citizens of one country residing in the other, that the forwarding and transportation of mail matter and post parcels, in transit or originated in either country and destined to the other, shall be speedily attended to and cared for as if there existed a postal convention between the two countries. Minister of Colombia to Secretary Root. [Private.] LEGATION OF COLOMBIA, Washington, D. C., April 25, 1907. MY DEAR SIR: I have the honor to acknowledge receipt of your communication dated yesterday, which reached my hands at 6 o'clock p. m., accompanying the draft of a letter you purpose sending immediately to Mr. Obaldia, unless I see some objection. In answer I have great pleasure to express my satisfaction at the course you consider acceptable for the United States to follow in the matter of the relations between my country, the United States, and Panama. Your proposed letter to Mr. Obaldia is a fair and unbiased exposition of the question at issue, doing honor to the Government of the United States. I have nothing to reflect upon it, as a few personal remarks of slight importance might be considered later on. I accept it with a sense of sincere appreciation and with the desire that its forwarding should not be delayed. I return herein the drafts you accompanied to your note, and remain, dear Mr. Root, Sincerely, yours, ENRIQUE CORTES. Telegram of the Colombian Minister to his Government. [Shown to Department of State but original not ona file.] [Substance.] MAY 10, 1907. States his private opinion that the only mode of obtaining rapid conclusion and assuring ratification of treaty by Panama will be to eliminate commercial clauses, putting them over for another treaty; to sign tripartite treaty with guaranty of the United States of payment of money and recognizing the canal shares as Colombian property; boundary limits to be fixed as by the law of 1855. Adds he hopes to obtain $3,000,000, which was the ultimatum according to his instructions. [Confidential.] WAR DEPARTMENT, Washington, August 17, 1907. MY DEAR MR. WILSON: I herewith send you the originals of the protocols signed by the United States and Colombia and by Colombia and Panama. I have sent copies of them to Mr. Root and to the President. The originals were in quadruplicate. Very sincerely, yours, WM. H. TAFT. PROTOCOL FOR A TREATY BETWEEN COLOMBIA AND PANAMA. The undersigned, to-wit, Enrique Cortes, envoy extraordinary and minister plenipotentiary of the Repuplic of Colombia in the United States, and José Agustin Arango, envoy extraordinary and minister plenipotentiary of the Republic of Panama in the United States; the two entities they represent being equally animated by the desire to remove the obstacles to the good understanding of the two entities, to adjust their pecuniary and other relations to each other and to mutually secure the benefits of amity and accord, have determined to sign this present protocol by which it is agreed that a treaty shall be prepared and in due course signed, embodying in substance the following provisions and such others as the parties may then mutually agree upon; and that the preparation of the same shall for the mutual convenience of the parties begin at the latest from the month of December next, and to be carried on so as to finish early in the year 1908: I. In and as a part of said treaty the Republic of Colombia to recognize the independence of Panama and to acknowledge it as a sovereign and independent State. II. There shall be mutual and inviolable peace and friendship between the respective Governments and peoples. III. The Republic of Panama will assign and pay over to the Republic of Colombia and its assigns and nominees the first ten installments of $250,000 each, gold, becoming due to Panama from the United States on the 26th days of February in the years 1908 to 1917, inclusive, under Article XIV of the treaty between the United States and Panama exchanged February 26, 1904, and under and pursuant to the amendment thereof to be embodied in a treaty of even date between said Nations, whereby said Article XVI is to be amended by substituting therein the words "four years" for the words "nine years," so that the first annual payment therein provided for shall begin four years from the exchange of said treaty instead of nine years from that date, in such manner that the said installments shall be paid by the United States of America directly to Colombia, its assigns and nominees for account of Panama, beginning as from the 26th of February, 1908. In consideration of the payments and releases by Panama, Colombia recognizes and agrees that Panama has no liability upon and no obligation to the holders of its extenal and internal debt, nor to Colombia by reason of any such indebtedness. Colombia recognizes and agrees that it is itself solely obligated for such external and internal debt; assumes the obligation solely to pay and discharge the same; and agrees to indemnify and hold harmless the Republic of Panama from any liability and expense in respect of such external and internal indebtedness. IV. Each Republic releases and discharges the other from all pecuniary claims, indebtedness of every character, including the external and internal debt of Colombia, the one upon the other on the 3d day of November, 1903, it being understood that such mutual release relates to the national concerns only and not individual rights or claims of the citizens of either Republic. V. The Republic of Panama recognizes it has no title or property in the 50,000 shares of capital stock of the New Panama Canal Co. standing on the books of that company in the name of Colombia, and Panama confirms the renunciation of all claims and titles thereto heretofore made by it in legal proceedings pending in the courts of France. VI. The Republic of Colombia and the Republic of Panama reciprocally agree that the citizens of either of the two Republics residing in the other shall enjoy the same civil rights from time to time accorded by them, respectively, to citizens of any other nation, it being understood, however, that the citizens of either of the two Republics residing in the other shall be exempt from military service imposed upon the citizens of such Republic. VII. The Republic of Panama shall never admit to form part of her nationality, any group or groups of population which, separating themselves forcibly from the Republic of Colombia, seek annexation to the Republic of Panama; nor shall the Republic of Colombia admit any group or groups of population which, separating themselves forcibly from the Republic of Panama, seek annexation to the Republic of Colombia. VIII. As soon as a treaty between the parties hereto and the contemporaneous treaties of even date between the United States of America and the Republic of Panama and between the United States of America and the Republic of Colombia shall be ratified and exchanged, negotiations shall be entered upon between Panama and Colombia for the conclusion of an additional treaty covering questions of commerce, postal, telegraph, copyright, consular relations, extradition of criminals, and the like. IX. It is expressly understood and agreed that the treaty when made between the parties hereto shall not become operative, nor its provisions obligatory upon either party until and unless treaties between the Republic of Colombia and the United States of America and between the United States of America and the Republic of Panama are both duly concluded and are exchanged, after ratification, simultaneously with the exchange, after ratification of the treaty between the parties hereto. X. This protocol shall be treated as of a confidential character as between the parties and their people, and therefore the particulars thereof shall be withheld from publicity. Done at the city of Washington the 17th day of August, 1907, in quadruplicate. ENRIQUE CORTES. The foregoing protocol has been examined by the United States, which hereby approves the same. Dated at Washington, August 17, 1907. WM. H. TAFT, (In behalf of the United States by direction of the President.) PROTOCOL FOR A TREATY BETWEEN UNITED STATES AND PANAMA, AT WASHINGTON, AUGUST 17, 1907. The United States of America and the Republic of Panama, mutually desirous to facilitate the construction, maintenance, and operation of the interoceanic canal across the Isthmus of Panama, and to promote a good understanding between the nations most closely and directly concerned in this highway of the world's commerce and thereby to further its construction and protection; and it having also been found desirable in the practical working of the treaty exchanged between the United States and the Republic of Panama on the 26th day of February, 1904, to amend and supplement the same in certain respects, and through their representatives, José Augustin Arango, envoy extraordinary and minister plenipotentiary of the Republic of Panama in the United States, and William H. Taft, Secretary of War of the United States, acting for the United States; and both thereunder duly authorized, have determined to sign this protocol, by which it is agreed that a treaty shall be prepared and in due course signed, embodying in substance the following provisions and such others as the parties may then mutually agree upon, subject to the provisions of Article II; and that the preparation of the same shall, for the mutual convenience of the parties, begin in the month of December next. 1. It is mutually agreed between the said parties that Article XIV of the treaty exchanged between them on the 26th day of February, 1904, be, and the same is hereby, amended by substituting therein the words "four years" for the words "nine years," and accordingly the United States agrees to make the annual payments therein pro |
