Art. III 1. The U. S. adopt as the basis of the neutralization of such ship canal, the following rules, substantially as embodied in the Convention of Constantinopel, signed the 28th of October, 1888, for the free navigation of the Suez Canal, that is to say: 1. The canal shall be free and open to the vessels of commerce and of war of all nations observing these rules, on terms of entire equality, so that there shall be no discrimination against any such nation or its citizens or subjects in respect of the conditions or charges of traffic or otherwise. Such conditions and charges of traffic shall be just and equitable. 2. The canal shall never be blockaded, nor shall any right of war be exercised, nor any act of hostility be committed within it. The U. S., however, shall be at the liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder. 3. Vessels of war of a belligerent shall not revictual nor take any stores in the canal except so far as may be strictly necessary; and the transit of such vessels through the canal shall be effected with the least possible delay in accordance with the regulations in force, and with only such intermission as may result from the necessities of the service. Prises shall be in all respects subject to the same rules as vessels of war of the belligerents. 4. No belligerent shall embark or disembark troops, munitions of war, or warlike materials used in the canal except in case of accidental hinderance of the transit, and in such case the transit shall be resumed with all possible dispatch. 5. The provisions of this article shall apply to waters adjacent to the canal, within three marine miles of either end. Vessels of war of a belligerent shall not remain in such water longer than twenty-four hours at any one time, except in case of distress, and in such cases shall depart as soon as possible; but a vessel of war of one belligerent shall not depart within twenty-four hours from the departure of a vessel of the other belligerent 2. 6. The plant, establishments, buildings, and all works necessary to the construction, maintenance and operation of the canal, shall be deemed to be parts thereof for the purpose of this treaty, and in time of war, as in time of peace, shall enjoy complete immunity from attack or injury by belligerents, and from acts calculated to impair their usefulness as part of the canal. In dem Vertrag vom 5. 2. 00 hieß es:,,The high contracting parties, desiring to preserve and maintain the general principle of neutralization, established in art. VIII of the Clayton-Bulwer Convention, which convention is hereby superseded, adopt as the basis of neutralization etc." 2 Der Senat hatte hier die Bestimmung gefordert: It is agreed however, that none of the immediately foregoing conditions and stipulations in sections numbered 1, 2, 3, 4 and 5 of this article shall apply to measures which the U. S. may find it necessary to take for securing by its own forces the defense of the U. S. and the maintenance of public order. Art. IV. It is agreed that no change of territorial sovereignty or of international relations of the country or countries traversed by the before-mentioned canal shall affect the general principle of neutralization or the obligation of the high contracting parties under the present treaty. Art. V. The present treaty shall be ratified by the President of the U. S. by and with the advice and consent of the Senate thereof, and by his Britannic Majesty; and the ratifications shall be exchanged at Washington or at London at the earliest possible time within six months from the date hereof. In faith whereof the respective plenipotentaries have signed this treaty and hereunto affixed their seals. Done in duplicate at Washington the 18th day of November, in the year of our Lord nineteen hundred and one. John Hay, Pauncefote. Anhang IV. Martens, II. Serie. B. 31, S. 599 ff. Isthmian canal convention. Washington 18th November 03. 26th February 04. The U. S. 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, and the Congress of the U.S. of America having passed an act approved june 28, 1907, in furtherance of that object, by which the President of the U. S. is authorized to acquire within a reasonable time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such territory being actually vested in the Republic of Panama, the high contracting parties have resolved for that purpose to conclude a convention and have accordingly appointed as their plenipotentiaries: The President of the U. S. of America, John Hay, Secretary of State, and the Government of the Republic of Panama, Philippe Bunau-Varilla, Envoy Extraordinary and Minister plenipotentiary of the Rep. of Panama, thereunto specially empowered by said government, who after communicating with each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: Art. I. The U. S. guarantee and will maintain the independence of the Rep. of P. Art. II. The Rep. of P. grants to the U. S. 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 Carribean 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 harbours adjacent to said cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Rep. of P. further grants to the U. S. 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 and operation, sanitation and protection of the said Canal or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said entreprise. The Rep. of P. further grants in like manner to the U. S. 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, Naas, Culebra and Flamenco. Art. III. The Rep. of P. grants to the U. S. all the rights, power and authority within the zone mentioned and described in art. II of this agreement and within the limits of all auxiliary lands and waters mentioned and described in said art. II which the U. S. would possess and exercise if it were the sovereign of the territory, within which said lands and waters are located to the entire exclusion of the exercise by the Rep. of P. of any such sovereign rights, power or authority. Art. IV. As rights subsidiary to the above grants the Rep. of P. grants in perpetuity to the U. S. the right to use the rivers, streams, lakes and other bodies of water within its limits for navigation, the supply of water or water-power or other purposes, so far as the use of said rivers, streams, lakes and bodies of water and the waters thereof may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal. Art. V. The Rep. of P. grants to the U. S. 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 Carribean Sea and the Pacific Ocean. Art. 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 U. S. by the provisions of any article of this treaty, nor shall they interfere with the rights 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 or private rights shall conflict with rights herein granted to the U. S. in which case the rights of the U. S. shall be superior. All damages caused to the owners of private lands or private property of any |