of said Republic of Panama, having agreed that the Government of the Republic of Panama has delivered, and the Government of the United States has received, and had, on the 19th day of May, 1904, received, for its use, occupation, and control the Isthmian Canal Zone described in said Article II of the aforesaid convention for the construction of an interoceanic canal, including lands and waters in the said zone, lands under water, islands in said zone, and the islands of Perico, Naos, Culebra, and Flamenco, do make this further AGREEMENT. SECTION 1. The limits of the Canal Zone, including lands under water and islands ceded, but not including the cities and harbors of Colon and Panama, delivery of which lands, waters, and islands has been made by Panama, and possession of which has been taken by the United States, are indicated and shown on the attached map1 (marked"A"), signed by the said parties to this agreement, as accurately as it is possible to indicate on a map with the existing information respecting the topography of the region traversed by the canal, by a heavy red line crossed with black, and drawn at the uniform distance by scale of 5 statute miles on each side of the middle line of the canal, and said indicated boundary, or line of division, between the territory ceded by the Republic of Panama to the United States for canal purposes and the adjoining or abutting lands of the Republic of Panama is provisionally accepted and will be strictly observed by the two Governments until the limits or boundaries of the said zone, waters, and islands shall be definitely and finally marked, fixed, and determined. SEC. 2. The limits of the city and harbor of Panama, as indicated and shown by a heavy red line crossed with black on the attached map (marked "B"), and as described on the paper attached to the said map, both of which are signed by the parties to this agreement, are provisionally accepted and will be strictly observed by the two Governments until the true and definite line of division between the Canal Zone and its waters, on the one hand, and the city of Panama and its harbor, on the other, shall be finally surveyed, marked off, fixed and determined: Provided, That the outer or marine boundary of the harbor of Panama shall, as soon as practicable, be agreed upon and marked with buoys or other monuments. SEC. 3. The limits of the city and harbor of Colon, as indicated and shown by a heavy red line crossed with black on the attached (marked "C"), and as described in a paper attached to map said map, both of which are signed by the parties to this agreement, are provisionally accepted and will be strictly observed by the two Governments until the true and definite line of division between the Canal Zone and its waters, on the one hand, and the city of Colon and its harbor, on the other, shall be finally surveyed, 66 marked off, and determined. SEC. 4. As necessity may arise, special agreements will be made and entered into from time to time by the parties hereto or by their successors respecting the delimitation of any auxiliary lands or waters outside the Canal Zone which may be found to be ne 1 Not printed. cessary or convenient to the construction, sanitation, or protection of the interoceanic canal or of its auxiliary, works. SEO. 5. The Governor of the Canal Zone, or his successors, may employ the citizens of the Republic of Panama residing in the territory of the Republic, for which purpose the Government of the Republic gives them the permission mentioned in paragraph 2 of article 7 of the national convention. In witness whereof we have signed these presents in the city of Panama this 15th day of June, 1904. PROVISIONAL DELIMITATION of BoundariES BETWEEN THE TERRITORY OF THE UNITED STATES OF AMERICA ON THE ISTHMUS OF PANAMA, KNOWN AS "THE PANAMA CANAL ZONE," AND THE CITY AND HARBOR OF COLON, IN THE REPUBLIC OF PANAMA. Being the delimitation to which reference is made in the agreement entered between the government of the Canal Zone and the Government of the Republic of Panama, signed by Gen. George W. Davis, Governor of the Canal Zone, and on behalf of the government of said zone, and by Señor Don Tomas Arias, Secretary of State, and Señor Don Ramon Valdes Lopez, Attorney General, on behalf of the Government of the Republic of Panama, as follows: The city of Colon: All that portion of the island of Manzanillo which is above low water, except the tract of land reclaimed from the sea and generally known by the name of La Terre Plein de Cristobal Colon, and the boundary between said La Terre Plein and said city is as follows: Beginning at a point on the northern shore line of Boca Chica, sometimes called Folks River, said point being 50 meters to the eastward of the middle of the main line of track of the Panama Railroad, thence northward and northwestward, always parallel with the said railroad track and at a uniform distance of 50 meters from the middle line thereof to the middle line of Bolivar Street (sometimes called C Street); thence along the middle line of said Bolivar Street to the middle line of Eleventh Street; thence along the middle line of Eleventh Street to low-water mark on the shore of the harbor of Colon. The harbor of Colon: All that portion of said Limon Bay lying westward of said city of Colon and northward of a straight line from the center of the existing monument of Cristobal Colon, true west to the westerly line of Limon Bay: Provided, however, That the entrance channel of the Panama Canal through said harbor of Colon to its southern boundary, of the width of 330 meters on either side of the middle line or axis of said entrance channel wherever said channel may now or hereafter cross the same, is hereby declared to be a part of the Canal Zone, under the exclusive jurisdiction and control of the United States, the limits of said channel through said harbor to be suitably marked by buoys or otherwise: And provided further, That the said Terre Plein, between the said monument of Cristobal Colon and the middle line of Eleventh Street, extends to low water. There are excepted from the city and harbor the existing lighthouse on Manzanillo Island, and all land lying within 30 meters thereof, these being within the Canal Zone. PROVISIONAL DELIMITATION OF BOUNDARIES BETWEEN THE TERRITORY OF THE UNITED STATES OF AMERICA ON THE ISTHMUS OF PANAMA, KNOWN AS "THE PANAMA CANAL ZONE," AND THE CITY AND HARBOR OF PANAMA, IN THE REPUBLIC OF PANAMA. Being the delimitation to which reference is made in the agreement entered into between the government of the said Canal Zone and the Government of the Republic of Panama, signed by Gen. George W. Davis, governor of the said zone, on behalf of the said government of the Canal Zone, and by Señor Don Tomas Arias, Secretary of State, and Señor Don Ramon Valdes Lopez, Attorney General, on behalf of the Government of the Republic of Panama, as follows: Beginning on the shore line of the Pacific Ocean at a stake driven above high-water mark on Punta Paitilla, thence on a straight line northwesterly to a similar stake driven upon the summit of Cerro Pelado, which hill is situated on the south side of the Savanna Road. said stake being about 1,800 meters northeast from the Caledonia Bridge; thence on a straight line to a similar post driven on the summit of Cerro Corundu; thence on a straight line to a similar stake at the southeast corner of a tract of land known as Le Section and upon the north side of the Hospital Road; thence on a straight line crossing the road leading from Panama to the hospital across the meadows and fields to a similar stake driven on the north side of the road leading from Panama to La Boca, about 75 meters from the old walled spring Chorillo; thence southwesterly in a straight line across La Boca Road to a similar stake driven at high-water mark upon Punta Mala, near the islet of Cabilan. At each of the stakes above mentioned, and at each of the other calls above given for the purpose of marking the boundary in question, there shall be set a masonry monument about 1 meter square and 1 meter high, and in the center of the masonry and projecting about 60 centimeters above it shall be placed an iron column or post marked on the side of the Canal Zone with the letters "U. S." and on the opposite side with the letter "P."; all of said letters to be about 6 centimeters in height, these monuments to be erected as soon as practicable at the expense of the United States. (Signed) GEORGE W. DAVIS, AGREEMENT SERVING AS MODUS OPERANDI DURING THE PERIOD OF THE CONSTRUCTION OF THE PANAMA CANAL. NOTE.-The special relations of the United States to the Republic of Panama with respect to the Panama Canal Zone resulted in a series of Executive orders on the part of the United States and of decrees on the part of the Republic of Panama establishing conventional agreement between the two Governments. By section 2 of the Panama Canal act, approved August 24, 1912 (37 Stat. L. 560), it is provided: "That all laws, orders, regulations, and ordinances adopted and promulgated in the Canal Zone by order of the President for the government and sanitation of the Canal Zone and the construction of the Panama Canal are hereby ratified and confirmed as valid and binding until Congress shall otherwise provide * * It thus transpired that those Executive orders having the effect of an international agreement were ratified and confirmed by the Congress as a whole and not solely by the Senate. This series of Executive orders, constituting the temporary agreement serving as a modus operandi during the period of the construction of the canal, may be held to have been intended to terminate at the time of the formal opening of the canal; but, having the force of an act of Congress, it could not be changed without an act of Congress or a new treaty with Panama. As between the United States and Panama it would seem that the agreement depends upon good faith rather than legal and conventional binding character. In a letter of the Acting Secretary of State to the President of September 1, 1922, transmitted to Congress (67th Cong., 2d sess., S. Doc. 249) it is stated: "The Taft agreement was intended as a temporary arrangement to cover the period of construction of the canal. As such it has served its purpose, since the canal has for some time been formally open to commerce. It no longer provides an adequate basis for the adjustment of questions arising out of the relations between the Canal Zone authorities and the Government of Panama, and it is the opinion of this department, and, I am informed, of the War Department also, that the agreement should be replaced in the near future by a more permanent arrangement. "I have the honor, therefore, to recommend that Congress be requested to authorize the abrogation of the Executive orders above mentioned, which comprise the so-called Taft agreement. When this authorization is granted it will be possible to terminate the agreement with Panama and to proceed at once with the negotiation of a new treaty." The resolution authorizing the abrogation is Public Resolution No. 88, 67th Congress, approved February 12, 1923. AGREEMENT EFFECTED BY EXCHANGE OF NOTES BETWEEN THE SECRETARY OF WAR OF THE UNITED STATES AND THE PRESIDENT OF PANAMA. Panama December 3, 1904. (Foreign Relations, 1904, p. 643.) PANAMA, December 3, 1904. YOUR EXCELLENCY: After very full conferences with you and your advisers, I have drafted an executive order, which I have the authority of the President of the United States to sign and put in force, and which in its operation and conditions, if complied with, seems to me to offer a solution, honorable and satisfactory to both nations, of the differences between the United States and the Republic of Panama. I inclose a draft of the order. I understand that you and your advisers concur in the wisdom of this solution, but I should be glad to have an expression of your approval of it before formally signing the order and giving it effect. Your Excellency will observe that the order is drawn to take effect on the 12th of December. This delay is for the purpose of giving full publicity to all concerned. I have the honor to be, with the assurances of my most distinguished consideration, Your obedient servant, Dr. MANUEL AMADOR GUERRERO, WM. H. TAFT, President of the Republic of Panama, Panama. REPUBLICA DE PANAMA, PODER EJECUTIVO NACIONAL PRESIDENCIA, Hon. WILLIAM H. TAFT, Panama, December 3, 1904. Secretary of War of the United States, at Panama. SIR: As the embodiment of the conclusions reached by our respective Governments, after the full and satisfactory conferences which have been had between you, myself, and advisers, I have the pleasure to express the concurrence of the Republic in the executive order of the Secretary of War made by direction of the President of the United States under date of this the 3d day of December, 1904. Aside from the wisdom and justice evidenced by this happy solution of the differences between the United States and the Republic of Panama, permit me to express, in behalf of the Republic and of |