But no exemption whatever was granted to vessels going to the canal for the services that they should receive in other ports or from coast lighthouses not belonging to the Panama Canal Co. 6. That as the point now under discussion was left obscure when the final contract was concluded between the Government of Colombia and that of the United States, erroneous interpretations might afterwards occur which might disturb the exercise of the rights that I have acquired in connection with the concession of the lighthouse on Isla Grande, said lighthouse being situated 32 miles from the port of Colon, or from the entrance via the Atlantic to the projected Panama Canal, in which enterprise more than $50,000 have been invested, I have thought proper, without further delay, to address your excellency to the end that if that treaty should finally be collected [meaning concluded], you may be pleased to consider the rights which I represent as the holder of the concession to exploit the coast lighthouse on Isla Grande, and to protect them by giving it to be understood, with all clearness, that vessels about to pass through the canal are to be exempt from the light dues of the port of Colon, but that, in accordance with the established schedule, they must pay for the service which they receive from the lighthouse on Isla Grande, which is the point of orientation of all vessels passing along the coasts of the Isthmus of Panama. 7. That this explanation interests the Government more than it does the undersigned, who is simply the usufructuary for a limited time of one-half of the income yielded by that lighthouse, whereas the Government is not only the usufructuary of the other half, but when the privilege expires it will be the exclusive owner of the enterprise, and consequently of the entire income yielded by it. 8. That if, owing to any unforeseen circumstance, or to any circumstance over which your excellency has no control, the rights of the enterprise which I represent shall be annulled, I now enter a formal protest on account of the damage that may be caused, reserving the right to claim compensation therefor by due process of law if the case shall arise. I earnestly beg your excellency to be pleased to order the receipt of this memorial to be acknowledged. Mr. Minister. DIONISIO JIMÉNEZ. [Republic of Colombia. (L. S.) Ministry of Foreign Relations.] MINISTRY OF FOREIGN RELATIONS, The foregoing is a copy, which is transmitted with a communication of this day's date, No. 7078, to the honorable legation of Colombia at Washington. A true copy. FRANCISCO RUIZ, Assistant Secretary. J. V. CONCHA, Minister of Colombia. APPENDIX. LIST OF PUBLIC DOCUMENTS. 1. Clayton-Bulwer treaty. Signed at Washington April 19, 1850. Proclaimed July 5, 1850. 2. Hay-Herran (Panama Canal) treaty. Signed at Washington on January 22, 1903. Approved by the United States Senate March 17, 1903. Never acted upon by the Colombian Congress. (57th Cong., 2d sess., S. Ex. K.) 3. First Hay-Pauncefote treaty. Signed February 5, 1900. Amended by the United States Senate and never ratified. (56th Cong., 1st sess., S. Doc. No. 160.) Pro 4. Hay-Pauncefote treaty. Signed at Washington November 18, 1901. claimed February 22, 1902. 5. Hay-Bunau Varilla Convention (Panama Canal treaty). Signed at Washington November 18, 1903. Proclaimed February 26, 1904. 6. Treaties with Panama and Colombia relating to the Panama Canal. Signed with Panama (Root-Arosemena) January 9, 1909. Signed with Colombia (Root-Cortes) January 9, 1909. Treaty between Panama and Colombia (Cortes-Arosemena). Signed January 9, 1909. Consented to by United States Senate and by Panaman Congress. Never acted upon by Colombian Congress. (60th Cong., 2d sess., confidential, Ex. N.) 7. President Taft's message. August 19, 1912. The Panama Canal. (62d Cong., 2d sess., H. Doc. 914.) 8. Panama Canal act. Approved August 24, 1912. (Public, No. 337, H. R. 21969.) 9. Memorandum to accompany canal act. Signed by President Taft August 24, 1912. 10. President's proclamation Panama Canal toll rates. November 13, 1912. 11. President's message giving correspondence relating to the revolution on the Isthmus of Panama, November 16, 1903. 12. Second message giving further correspondence on the same subject, November 27, 1903. 13. President's message giving correspondence between the United States and Colombia. 14. President's message giving correspondence showing relations between the United States, Colombia, and Panama, January 18, 1904. 15. Hay-Concha protocol and correspondence between the United States and Colombia. 16. President's message giving correspondence showing relations of the United States with Colombia and Panama, December 8, 1908. 271 APPENDIX. No. 1. CLAYTON-BULWER TREATY. CONVENTION BETWEEN THE UNITED STATES AND GREAT BRITAIN FOR FACILITATING AND PROTECTING THE CONSTRUCTION OF A SHIP CANAL BETWEEN THE ATLANTIC AND PACIFIC OCEANS, AND FOR OTHER PURPOSES. [Signed at Washington April 19, 1850; ratification advised by the Senate May 22, 1850; ratified by the President May 23, 1850; ratified by Great Britain June 11, 1850; ratifications exchanged at Washington July 4, 1850; proclaimed July 5, 1850.] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention between the United States of America and Her Britannic Majesty, for facilitating and protecting the construction of a ship canal between the Atlantic and Pacific Oceans, and for other purposes, was concluded and signed at Washington, on the nineteenth day of April last, which Convention is, word for word, as follows: CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HER BRITANNIC MAJESTY. The United States of America and Her Britannic Majesty, being desirous of consolidating the relations of amity which so happily subsist between them, by setting forth and fixing in a Convention their views and intentions with reference to any means of communication by Ship Canal, which may be constructed between the Atlantic and Pacific Oceans, by the way of the River San Juan de Nicaragua and either or both of the Lakes of Nicaragua or Managua, to any port or place on the Pacific Ocean,-The President of the United States, has conferred full powers on John M. Clayton, Secretary of State of the United States; and Her Britannic Majesty on the Right Honourable Sir Henry Lytton Bulwer, a Member of Her Majesty's Most Honourable Privy Council, Knight Commander of the Most Honourable Order of the Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Majesty to the United States, for the aforesaid purpose; and the said Plenipotentiaries having exchanged their full powers, which were found to be in proper form, have agreed to the following articles. ARTICLE I. The Governments of the United States and Great Britain hereby declare, that neither the one nor the other will ever obtain or maintain for itself any exclusive control over the said Ship Canal; agreeing, that neither will ever erect or maintain any fortifications commanding the same, or in the vicinity thereof, or occupy, or fortify, or colonize, or assume, or exercise any dominion over Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central America; nor will either make use of any protection which either affords or may afford, or any alliance which either has or may have, to or with any State or People for the purpose of erecting or maintaining any such fortifications, or of occupying, fortifying, or colonizing Nicaragua, Costa Rica, the Mosquito Coast or any part of Central America, or of assuming or exercising dominion over the same; nor will the United States or Great Britain take advantage of any intimacy, or use any alliance, connection or influence that either may possess with any State or Government through whose territory the said Canal may pass, for the purpose of acquiring or holding, directly or indirectly, for the citizens or subjects of the one, any rights or advantages in regard to commerce or navigation through the said Canal, which shall not be offered on the same terms to the citizens or subjects of the other. ARTICLE II. Vessels of the United States or Great Britain, traversing the said Canal, shall, in case of war between the contracting parties, be exempted from blockade, detention or capture, by either of the belligerents; and this provision shall extend to such a distance from the two ends of the said Canal, as may hereafter be found expedient to establish. ARTICLE III. In order to secure the construction of the said Canal, the contracting parties engage that, if any such Canal shall be undertaken upon fair and equitable terms by any parties having the authority of the local Government or Governments, through whose territory the same may pass, then the persons employed in making the said Canal and their property used, or to be used, for that object, shall be protected, from the commencement of the said Canal to its completion, by the Governments of the United States and Great Britain, from unjust detention, confiscation, seizure or any violence what soever. ARTICLE IV. The contracting parties will use whatever influence they respectively exercise, with any State, States or Governments possessing, or claiming to possess, any jurisdiction or right over the territory which the said Canal shall traverse, or which shall be near the waters applicable thereto; in order to induce such States, or Governments, to facilitate the construction of the said Canal by every means in their power: and furthermore, the United States and Great Britain agree to use their good offices, wherever or however it may be most expedient, in order to procure the establishment of two free Ports, one at each end of the said Canal. ARTICLE V. The contracting parties further engage that, when the said Canal shall have been completed, they will protect it from interruption, 42112-S. Doc. 474, 63-2-18 seizure or unjust confiscation, and that they will guarantee the neutrality thereof, so that the said Canal may forever be open and free, and the capital invested therein, secure. Nevertheless, the Governments of the United States and Great Britain, in according their protection to the construction of the said Canal, and guaranteeing its neutrality and security when completed, always understand that, this protection and guarantee are granted conditionally, and may be withdrawn by both Governments, or either Government, if both Governments, or either Government, should deem that the persons, or company, undertaking or managing the same, adopt or establish such regulations concerning the traffic thereupon, as are contrary to the spirit and intention of this Convention, either by making unfair discriminations in favor of the commerce of one of the contracting parties over the commerce of the other, or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise or other articles. Neither party, however, shall withdraw the aforesaid protection and guarantee, without first giving six months notice to the other. ARTICLE VI. The contracting parties in this Convention engage to invite every State with which both or either have friendly intercourse, to enter into stipulations with them similar to those which they have entered into with each other; to the end, that all other States may share in the honor and advantage of having contributed to a work of such general interest and importance as the Canal herein contemplated. And the contracting parties likewise agree that, each shall enter into Treaty stipulations with such of the Central American States, as they may deem advisable, for the purpose of more effectually carrying out the great design of this Convention, namely, that of constructing and maintaining the said Canal as a ship-communication between the two Oceans for the benefit of mankind, on equal terms to all, and of protecting the same; and they, also, agree that, the good offices of either shall be employed, when requested by the other, in aiding and assisting the negotiation of such Treaty stipulations; and, should any differences arise as to right or property over the territory through which the said Canal shall pass-between the States or Governments of Central America,--and such differences should, in any way, impede or obstruct the execution of the said Canal, the Governments of the United States and Great Britain will use their good offices to settle such differences in the manner best suited to promote the interests of the said Canal, and to strengthen the bonds of friendship and alliance which exist between the contracting parties. ARTICLE VII. It being desirable that no time should be unnecessarily lost in commencing and constructing the said Canal, the Governments of the United States and Great Britain determine to give their support and encouragement to such persons, or company, as may first offer to commence the same with the necessary capital, the consent of the local authorities, and on such principles as accord with the spirit and intention of this Convention; and if any persons, or company, |