Page images
PDF
EPUB

The New Department of Commerce and Labor.

THE Department of Commerce and Labor was established by Chapter 552 of the Acts of the Fifty-seventh Congress, approved February 14, 1903. The act provides that there shall be at the seat of government an executive department to be known as the Department of Commerce and Labor, headed by a Secretary of Commerce and Labor, appointed by the President at a salary of $8,000 per annum. An assistant secretary at $5,000 a year, a chief clerk, a disbursing clerk, and other clerical assistants as authorized shall be appointed.

The duty of this department shall be to foster, promote, and develop the foreign and domestic commerce, the mining, manufacturing, and shipping and fishing industries, the labor interests, and the transportation facilities of the United States. To this end there shall be transferred to the Department of Commerce and Labor from the jurisdiction of the Treasury Department, the Light-House Board and Establishment, the Steamboat-Inspection Service, the Bureau of Navigation, the United States Shipping Commissioners, the National Bureau of Standards, the Coast and Geodetic Survey, the Commissioner-General and Commissioners of Immigration and the Immigration Bureau and service at large and the Bureau of Statistics. From the Department of Interior the Census Office is transferred to the new department. The Department of Labor, the Fish Commission. The Bureau of Foreign Commerce of the Department of State shall also be transferred and made a part of the Bureau of Statistics before mentioned.

There shall also be created a Bureau of Manufactures to foster and promote that industry by compiling and publishing information concerning it at home and abroad, consular offices and agents to assist in gathering the material.

A Bureau of Corporations is also created to investigate the organization, conduct, and management of the business of any corporation, joint stock company, or corporate combination engaged in commerce among the several States and with foreign nations, except certain common carriers. The Commissioner shall have for this purpose the powers conferred upon the Interstate Commerce Commission. It is also the duty of this bureau to gather, compile, publish, and supply useful information con cerning corporations doing business in the United States, including insurance companies.

The heads of the new bureaus shall be appointed by the President at salaries of $4,000 a year for the Bureau of Manufacture, and $5,000 for the Bureau of Corporations, the latter to have a deputy at a salary of $3.500. The control of the salmon, seal, and other fisheries in Alaska and of the immigration of aliens into the United States is also to be transferred from the Treasury Department to the Department of Commerce and Labor.

The Secretary of the Department shall report in writing to Congress at the close of each fiscal year, enumerating receipts and disbursements, describing the work accomplished, and making recommendations. The President is authorized to transfer to the Department of Commerce and Labor at any time the whole or any part of any office or bureau engaged in scientific or statistical work in any of the other departments of the Government. The Secretary of the new department shall also make special investigations and reports when requested by Congress or the President or which he himself may deem necessary and urgent.

The Pilgrims.

A SOCIETY of British and American gentlemen organized in London July 24, 1902, to promote good fellowship between Britain and America. The qualifications for membership are public service, literary or artistic achievement, journalistic work with frequent travel across the Atlantic Ocean. An annual dinner is held in the last week in June and other meetings are held throughout the year as Occasion requires. The officers are Earl Roberts, President; Lieut. -Gen. Lord Grenfell, Chauncey M. Depew, and Capt. Hedworth Lambton, R. N., Vice-Presidents; H. E. V. Brittain, Secretary. An American branch of the society was organized in New York February 9, 1903, with the following officers: Bishop Henry C. Potter, President; Major-Gen. Henry C. Corbin, U. S. A., Morris K. Jesup, Lord Charles Beresford, R. N., Vice-Presidents; Benjamin D. Woodworth, Secretary; R. A.C. Smith, Treasurer; Executive Committee, Lindsay Russell, Chairman; William Butler Duncan, Sr., John W. Griggs, Herbert Noble, Vice-President George T. Wilson, of the Equitable Life Assurance Society, Brig. Gen. Joseph Wheeler, U.S. A., Hamilton W. Mabie, G. W. Wicker, Major-Gen. Adna R. Chaffee, U.S.A., Dr. Russell Bellamy, Richard Mansfield, Richard Watson Gilder, W. E. Carson, and Charles B. Warren.

Among the charter members are ex-President Cleveland and ex-Vice-President Levi P. Morton. The English branch in 1902-03 entertained at dinner the Alaska Boundary Commission and Ambassador Choate and the American branch entertained Ambassador Herbert and Lord Charles Beresford, and on each occasion there was a notable assemblage of distinguished men of both countries.

Compact of the Pilgrims of 1620.

[Signed on board the Mayflower in Cape Cod (Provincetown) Harbor before landing.] "IN ye name of God, Amen. We whose names are underwriten, the loyall subjects of our dread soveraigne Lord, King James, by ye Grace of God, of Great Britaine, France & Ireland King, Defender of ye Faith, etc. Having undertaken, for ye glorie of God, and advancemente of ye Christian Faith and Honour of our King and countrie, a Voyage to plant ye first Colonie in ye Northerne part of Virginia, doe by these presents solemnly and mutually in ye Presence of God, and of one another, Covenant & Combine ourselves togeather into a Civill body Politick, for our better Ordering & Preservation & Furtherance of ye ends aforesaid; and by Vertue hearof to enact, constitute, and frame such Just & equall lawes, ordinances, Acts, Constitutions & Offices, from Time to Time, as shall be thought most meete & convenient for ye generall good of ye Colonie, unto which we promise all due submission and obedience.

In witnes wherof we have hereunder subscribed our Names at Cap. Codd ye 11 of November, in ye year of ye Raigne of our Soveraigne Lord King James, of England, France & Ireland ye Eighteenth, and of Scotland ye fiftie fourth Ano: Dom, 1620. '' John Carver, William Bradford, Edward Wins low, William Brewster, Isaac Allerton, Miles Standish, John Alden, Samuel Fuller, Christopher Martin, William Mullins, William White, Richard Warren, John Howland, Stephen Hopkins, Edward Tilley, John Tilley, Francis Cook, Thomas Rogers, Thomas Tinker, John Ringedale, Edward Fuller, John Turner, Francis Eaton, James Chilton, John Crackstone, John Billington, Moses Fletcher, John Goodman, Degory Priest, Thomas Williams, Gilbert Winslow, Edward Margeson, Peter Brown, Richard Britteridge, George Soule, Richard Clarke, Richard Gardiner, John Allerton, Thomas English, Edward Doty, Edward Leister.

Forty-one subscribers, each one noting the number of his family, a total of 101 persons. }

Treaty with the Republic of Panama.

THE following is the full text of the treaty between the United States and the Republic of Panama, signed by the Secretary of State and the Minister from Panama, November 18, 1903:

PREAMBLE.

The United States 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 United States of America having passed an act, approved June 28, 1902, in furtherance of that object, a copy of which is hereto annexed, by which the President of the United States is directed to acquire within a reasonable time the control of 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 United States, John Hay, Secretary of State, and the Government of the Republic of Panama, Philippe Bunau-Varilla, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, thereunto empowered by said governments, who after communicating with each other their respective full powers, found to be in good and due form, have agreed upon the following articles:

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 the use, occupation, and control of the 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 centre line of 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 a distance of three marine miles from mean low-water mark, with the proviso 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 of 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, sanitation, and protection of the said canal or of any auxiliary canals or other work necessary and convenient for the construction, maintenance, operation, sanitation, and protection of the said enterprise. The Republic of Panama further grants to the United States in perpetuity the use, occupation, 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, Nacs, Culebra, and Flamingo.

ARTICLE III.

The Republic of Panama grants to the United States all the rights, power, and authority within the zone mentioned and described in Article II. of this agreement, and within the limits of all auxil. iaries, lands, and water mentioned and described in said Article II. which the United States would possess and exercise if it were the sovereign of the territory within which said lands and water are located in the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power, and authority.

ARTICLE IV..

As 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 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.

ARTICLE V.

The Republic of Panama grants to the United States 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 Caribbean and the Pacific Ocean.

The appraisal of said private lands and present property and the assessment of damage to them shall be based upon their value before the date of this convention.

ARTICLE VII.

The representative of Panama grants to the United States within the limits of the cities of Panama and Colon and their adjacent harbors within the territory adjacent thereto the right to acquire by purchase or by the exercise of the right of eminent domain any lands, buildings, water rights, or other properties necessary and convenient for the construction, maintenance, and protection of the canal and of any act of sanitation, such as the collection and disposition of sewage and the distribution of water in the said cities of Panama and Colon, which in the discretion of the United States may be necessary and convenient for the construction and maintenance of the said canal and railroad. All such works of collection and disposition of sewage and distribution of water in the cities of Panama and Colon shall be made at the expense of the United States, and the Government of the United States, its agents or nominees, shall be authorized to import and collect water rents and sewage rates, which shall be sufficient to provide for the payment of interest and the authoriza tion of the principal of the cost of said works within a period of fifty years, and upon the expiration of said term of fifty years the system of sewers and water works shall revert to and become the properties of the cities of Panama and Colon, respectively, and the use of the water shall be free to the inhabitants of Panama and Colon, except to the extent that water rates may be necessary for the operation and maintenance of said system of sewers and water.

The representative of Panama agrees that the cities of Panama and Colon shall comply in perpetuity with the sanitary regulations, whether of a preventive or curative character, prescribed by the United States, and in case the Government of Panama is unable or fails in its duty to enforce this compliance by the cities of Panama and Colon with the sanitary regulations of the United States the Republic of Panama grants to the United States the right and authority to enforce the same. The same right and authority is given the United States for the maintenance of public order in case the Republic of Panama should be unable to keep it in the towns of Panama and Colon.

ARTICLE VIII.

The Republic of Panama grants to the United States all rights which it hereafter may acquire to the Panama Canal Company and the Panama Railroad Company as a result of the transfer of sovereignty from the Republic of Colombia to the Republic of Panama over the Isthmus of Panama, and authorizes the new Panama Canal Company to sell its rights to the United States as well as to the Panama Railroad.

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 lands or waters leased or granted to the United States by the 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 or 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 to the owners of private 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, its agents, or employés, or by reason of the construction, maintenance, operation, sanitation, and protection of the said canal, or of the works of sanitation and protection herein provided for, shall be appraised and settled by a joint commission appointed by the Government of the United States and of the Republic of Panama, whose decisions as 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 the Panama Railroad or on 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.

ARTICLE IX.

The Republic of Panama declares free for all time the ports at either entrance of the canal, including Panama and Colon and the waters thereof, in such manner that there shall not be collected by the Government of Panama custom-house tolls, tonnage, anchorage, light-house, wharf, pilot, or quarantine duties, nor any other charges or taxes of any kind shall be levied or imposed by the Government of Panama upon any vessel using or passing through the canal or belonging to or employed by the United States, directly or indirectly, in connection with the construction, maintenance, and operation of the main work or its auxiliaries, or upon the cargo, officers, crew, or passengers of any such vessels; it being the intent of this convention that all vessels and their cargoes, crews, and passengers shall be permitted to use and pass through the canal and the ports leading thereto subject to no other demands or impositions than such tolls and charges as may be imposed by the United States for the use of the canal.

ARTICLE X.

There shall not be any taxes, national, municipal, departmental, or of any other class, upon the canal, the vessels that may use it, tugs and other vessels employed in the service of the canal, the railways and auxiliary works, storehouses, workshops, offices, quarters for laborers, factories of all kinds, warehouses, wharves, machinery and other works, property and effects appertaining to the canal or railroad or that may be necessary for the service of the canal or railroad and their dependencles, whether situated within the cities of Panama and Colon or any other place authorized by the provisions of this condition.

Nor shall there be imposed contributions or charges of a personal character of whatever species upon officers, employés, laborers, and other individuals in the service of the canal and its dependencies.

ARTICLE XI.

It is agreed that telegraph and telephone lines, when established for ship canal purposes, may also. under suitable regulations, be used for public and private business in connection with the systems of the Republic of Panama and the other American republics, and with the lines of cable companies authorized to enter the ports and territories of these republics, but the official despatches of the Government of Panama shall not pay for such service higher tolls than those required from those officials in the service of the United States.

ARTICLE XII.

The Government of Panama shall permit the immigration and free access to the lands and workshops of the canal and its dependencies of all employés and workmen of whatever nationality under contract to work upon or seeking employment or in any wise connected with the said canal and its dependencies with their respective families. ARTICLE XIII.

The United States may import, at any time, into the said zone, free of customs duties, imports, taxes, or other charges, and without any restrictions, any and all vessels, dredges, engines, cars, machinery, tools, explosives, material, supplies, and other articles necessary and covenient in the construction, maintenance, and operation of the canal and auxiliary work; also the provisions, medicines, clothing, supplies, and other things necessary and convenient for the officers, employés,workmen, and laborers in the service and employ of the United States and for their families. If any such articles are disposed of for use without the zone, excepting Panama and Colon and within the territory of the Republic of Panama, they shall be subject to the same import or other duties as like articles under the laws or the ordinances of the Republic of Panama.

ARTICLE XIV.

The two governments hereafter shall make adequate provision by like agreement for the pursuit, capture, imprisonment, detention, and delivery within said zone of persons charged with the commitment of crimes, felonies, or misdemeanors without said zone; and for the pursuit, capture, imprisonment, detention, and delivery without said zone of persons charged with the commitment of crimes, felonies, and misdemeanors within said zone.

ARTICLE XV.

The Republic of Panama grants to the United States the use of all the ports of the Republic open to commerce as places of refuge for any vessels employed in the canal enterprise, and for all vessels in distress having the right to pass through the canal and wishing to anchor in said ports. Such vessels shall be exempt from anchorage and tonnage dues on the part of the Republic of Panama.

ARTICLE XVI.

The canal, when constructed, and the entrance thereto shall be neutral in perpetuity.

ARTICLE XVII.

The Government of the Republic of Panama shall have the right to transport over the canal its vessels, troops, and munitions of war at all times without paying charges of any kind. This exemption

1

is to be extended to the auxiliary railway for the transportation of persons in the service of the Re public of Panama, or of the police force charged with the preservation of public order outside of said zone, as well as to their baggage, munitions of war, and supplies.

ARTICLE XVIII.

If by virtue of any existing treaty between the Republic of Panama and any third power there may be any privilege or concession relative to an interoceanic means of communication which especially favors such third power, and which in any of its terms may be incompatible with the terms of the present convention, the Republic of Panama agrees to cancel or modify such treaty in due form, for which purpose it shall give to the third power the requisite notification within the term of four months from the date of the present convention; and in case the existing treaty contains no clause permitting its modification or annulment, the Republic of Panama agrees to procure its modification or annulment in such form that there shall not exist any conflict with the stipulations of the present convention.

ARTICLE XIX.

The rights and privileges granted by the Republic of Panama to the United States in the preceding articles are understood to be free of all anterior debts, liens. trusts or liabilities, or concessions or privileges to other governments, corporations, syndicates, or individuals, and consequently, if there should arise any claims on account of the present concessions and privileges, or otherwise, the claimants shall resort to the Government of Panama, and not to the United States, for any indemnity or compromise which may be required.

ARTICLE XX.

The Republic of Panama renounces and grants to the United States the participation to which it might be entitled in the future earnings of the canal of the commissary contract with Lucien N. B. Wyse, now owned by the new Panama Canal Company, and any and ali other rights or claims of a pecuniary nature arising under or relating to said concession, or arising under or relating to the concessions to the Panama Railroad Company or any extension or modification thereof; and it likewise renounces, confirms, and grants to the United States, now and hereafter, all the rights and property reserved in the said concessions which otherwise would belong to the Republic of Panama at or before the expiration of the terms of ninety-nine years of the concessions granted to or held by the abovementioned party and companies, and all right, title, and interest which it now has or may hereafter have in and to the lands, canal, works, property, and rights held by the said companies under said concessions or otherwise and acquired or to be acquired by the United States from or through the new Panama Canal Company, including any property and rights which might or may in the future, either by lapse of time, forfeiture, or otherwise, revert to the Republic of Panama under any contracts of concessions with said Wyse, the Universal Panama Canal Company, the Panama Railroad Company, and the new Panama Canal Company.

ARTICLE XXI.

If it should become necessary at any time to employ armed forces for the safety or protection of the canal, or of the ships that make use of same, or the railways and other works, the United States shall have the right at all times in its discretion to use its police and its land and naval forces, or to establish fortifications for these purposes.

ARTICLE XXII.

As the price or compensation for the right to use the zone granted in this convention by the Republic of Panama to the United States, the United States agrees to pay to the Republic of Panama the sum of $10,000,000 in gold and an annual payment of $250,000 during the life of this convention, beginning nine years after the date aforesaid.

The provisions of this article shall be in addition to all other benefits assured to the Republic of Panama. ARTICLE XXIII.

No change either in the government or in the laws and treaties of the Republic of Panama shall, without the consent of the United States, affect any right of the United States under the present convention, or under any treaty stipulation between the two countries (that now exist or may hereafter exist) touching the subject matter of this convention.

If the Republic of Panama shall hereafter enter as a constituent into any other government or into any union or confederation of States so as to merge her sovereignty or independence in such government, union, or confederation, the rights of the United States under this convention shall not be in any respect lessened or impaired.

ARTICLE XXIV.

The joint commission referred to in Article VI. shall be established as follows:

The President of the United States shall nominate two persons and the President of the Republic of Panama shall nominate two persons, and they shall proceed to a decision; but in case of disagreement of the commission (by reason of their being equally divided in conclusion) an umpire shall be appointed by the two governments, who shall render the decision.

In the event of death, absence, or incapacity of any commissioner or umpire, or of his omitting, declining, or ceasing to act, his place shall be filled by the appointment of another person in the manner above indicated. All decisions by a majority of the commission or by the umpire shall be final.

ARTICLE XXV.

This convention, when signed by the contracting parties, shall be ratified according to the laws of the respective countries and shall be exchanged at Washington within a term of eight months from this date, or earlier if possible.

[ocr errors]

In faith whereof the respective plenipotentiaries have signed the present convention in duplicate, and have hereunto affixed their respective seals. Done at the City of Washington, the 18th day of November, in the year of our Lord nineteen hundred and three.

JOHN HAY.

P. BUNAU-VARILLA.

The treaty was ratified without amendment, December 2, by the Provisional Junta of the Republic of Panama, the decree of the Government being as follows:

Whereas, a guarantee of the independence of the Isthmus has been obtained; and "Whereas, celerity is indispensable to secure an efficacious and immediate fulfilment of this obligation on the part of the United States, the Junta of the Provisional Government, formed by the unanimous will of the people of the Isthmus and possessing full sovereign powers over the Isthmus territory,

**Resolves and decrees that the treaty be approved in all its parts,"

[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small]

Jan. 22, 1903. The treaty between the United States and Colombia for the construction of the Panama Canal by the United States was signed at Washington.

March 17. The treaty with Colombia was ratified by the United States Senate by a vote of 73 o' 12 (5 Senators not voting).

Sept. 14. The Colombian Senate rejected the treaty and approved on first reading a bill authorizing the Government to negotiate a new treaty.

[blocks in formation]

Colombian troops evacuated Colon and sailed for Cartagena.
The United States recognized the independence of Panama.

Nov. 6.

Nov. 8.
Nov. 9.

Colombia lodged a protest with the State Department against its recognition of Panama. The Provisional Government appointed a commission composed of Dr. Manuel Amador, Don Frederico Boyd, and Don Carlos Constantio Arosemena to negotiate a canal treaty with the United States.

Nov. 10. France recognized the new Republic of Panama.

Nov. 13. M. Bunau-Varilla was formally received by the President as Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama.

Nov. 15. The Panama Commissioners arrived at New York.

Nov. 18. A canal treaty between the United States and Panama was signed at Washington by Secretary Hay and Ministér Bunau-Varilla.

Nov. 19. Colombian envoys arrived at Colon to negotiate the return of Panama to Colombia and were refused.

Nov. 27. The United States Minister at Bogota formally notified the Colombian Foreign Minister of the recognition by the United States of the Republic of Panama and the reception of its Minister. Dec. 2. The Canal Treaty with the United States was ratified by the Government of Panama without amendment.

Dec. 5. Gen. Rafael Reyes, special envoy from Colombia, was received by the President. Dec. 8. Marines from the cruiser Dixie were landed at Colon and occupied a position at Empire, on the Panama Railroad.

Dec. 9. Senator Morgan attacked the treaty in the Senate and Senator Hoar introduced resolutions seeking for information of the action of the Government.

Dec. 13. Elections were ordered to take place January 15, 1904, for delegates to a convention to form a constitution for the Republic of Panama,

« PreviousContinue »