Dr. Urrutia and myself were present, Gen. Reyes expressed great anxiety that an amicable conclusion to the negotiations between Colombia and Panama be reached as soon as possible. To-day Dr. Urrutia reiterated this desire, adding that it was hoped that the negotiations could be ended by the end of November. I have the honor to be, sir, Secretary Root to Minister Cortes. DECEMBER 29, 1908. MY DEAR MR. CORTES: Mr. Cromwell and myself passed the greater part of yesterday in examining carefully, section by section, the protocol of the Colombia-Panama treaty, the draft for a treaty based upon that protocol submitted by the legation at Panama and transmitted by me to you with my letter of December 17, 1907, and your counterdraft for the same treaty which you were good enough to send to me with your letter of December 28, 1907. Upon very careful consideration of all the points, we worked out a draft which you will find in the main to agree with yours and which conforms to the protocol, and which we both agree in recommending to Colombia and Panama. You will observe that this draft, besides reproducing the provisions of the protocol, also lays down the boundary line between Colombia and Panama, using the same words used by your draft down to the Heights of Espave, and thence provides that the location of the line shall depend upon the determination of an arbitral tribunal, which shall pass upon the nationality of the district of Jurado. This I understand to be in accordance with the informal arrangement to which both the Government of Panama and the Government of Colombia have expressed to me their intention to agree. You will note that the arbitral procedure provided for follows The Hague Convention of 1907, which the representatives of both countries signed. You will observe, also, that we have included in the draft the provision regarding which you have several times spoken to me, under which individual claims against either country are to be determined in accordance with the legislation of the Republic against which they are presented. Of course, any approval of this instrument by any one of us is dependent upon the satisfactory formulation of the other cognate instruments to which Mr. Cromwell and myself propose to immediately address ourselves. May I ask for an early expression of your views as to whether the inclosed draft is satisfactory to the Republic of Colombia? With kind regards, I am, Very sincerely, yours, Inclosure: Draft as above. ELIHU ROOT. Between Republic of Colombia and Republic of Panama.--The Republic of Colombia and the Republic of Panama, equally animated by the desire to remove all obstacles to their good understanding, to adjust their pecuniary and other relations to each other, and to mutually secure the benefits of amity and accord, have determined to conclude a convention for these purposes, and therefore have appointed as their respective plenipotentiaries; that is to say: The President of the Republic of Colombia, Enrique Cortes, envoy extraordinary and minister plenipoteniary of the Republic of Colombia, and The President of the Republic of Panama, Carlos Constantino Arosemena, envoy extraordinary and minister plenipotentiary of the Republic of Panama; who, after having communicated to each other their respective full powers found in good and due form, have agreed upon and concluded the following articles: ARTICLE I. Recognition of independence.-The Republic of Colombia recognizes the independence of the Republic of Panama and acknowledges it to be a free, sovereign, and independent nation as of the 3d day of November, 1903. ARTICLE II. Declarations of amity.-There shall be a mutual and inviolable peace and friendship between the Government of Colombia and its citizens on the one part and the Government of the Republic of Panama and its citizens on the other part, without exception of persons or places under their respective dominion. ARTICLE III. Pecuniary relations; transfer of certain installments; indemnification of Panama against external and internal indebtedness.-The Republic of Panama assigns and transfers to the Republic of Colombia and its assigns and nominees, in lawful and due form, the 10 first annual installments of $250,000 gold coin each becoming due to it, the Republic of Panama, from the United States of America on the 26th day of February in the years 1908 to 1917. both inclusive, under and pursuant to the provisions of Article XIV of the treaty between the United States of America and the Republic of Panama exchanged February 26, 1904, and under and pursuant to the amendment thereof, embodied in a treaty of even date between said nations, whereby said Article XIV is amended by substituting the words "four years "for the words "nine years,' so that the first annual payment of which that article treats shall begin four years from the exchange of said treaty of February 26, 1904, instead of nine years from said date, in such manner that the said installments shall be paid by the United States of America directly to the Republic of Colombia or its assigns and nominees for account of the Republic of Panama, in lawful and due form, beginning the 26th day of February, 1908. Such installments as may have matured when the ratifications of this treaty shall be exchanged pursuant to its terms shall be payable on the thirtieth day after the date of such exchange. In consideration of the payments and releases which the Republic of Panama makes to the Republic of Colombia, the latter recognizes and agrees that the Republic of Panama has no liability upon and no obligations to the holders of the external and internal debt of Colombia nor to the Republic of Colombia by reason of any such indebtedness of claims. Colombia recognizes and agrees that it is itself solely obligated for such external and internal debt; assumes the obligation to pay and discharge the same by itself alone; and agrees to indemnify and hold harmless the Republic of Panama, should occasion arise, from any liability and expense in respect of such external and internal indebtedness. ARTICLE IV. Mutual exoneration.-Each of the contracting Republics releases and discharges the other from all pecuniary claims and obligations of any nature whatever, including the external and internal debt of Colombia, which either had against the other on the 3d day of November, 1903, it being understood that this reciprocal exoneration relates only to the national debts and claims of one against the other, and that it does not relate to individual rights and claims of the citizens of either Republic. It is understood that such individual rights and claims which originated in incidents occurring previous to the 3d day of November, 1903, shall be decided in accordance with the legislation of the Republic against which they are presented and by the tribunals or authorities of the same, so that in no case shall the claimant enjoy greater privileges or advantages than the citizens of the Republic against which the demand is made. ARTICLE V. Confirmation by Panama of its abandonment of any claim to.-The Republic of Panama recognizes that it has no title or ownership of any sort to the 50,000 shares of the capital stock of the New Panama. Canal Co., standing in the name of the Republic of Colombia on the books of said company at Paris, and the Republic of Panama confirms the abandonment of all right and title, which, with respect to said shares, it made in the courts of justice of France. ARTICLE VI. Rights of citizens.-The citizens of each Republic residing in the territory of the other shall enjoy the same civil rights which from time to time are accorded by the laws of the country of residence to the citizens of the most favored nation. It being understood, however, that the citizens of either of the two Republics residing in the other shall be exempt from military services imposed upon the citizens of such Republic. Citizens of Panama who shall prefer to remain in the territory of the Republic of Colombia may either retain the title and rights of citizens of Panama or acquire those of citizens of Colombia, and, reciprocally, citizens of Colombia who shall prefer to remain in the territory of the Republic of Panama may either retain the title and rights of citizens of Colombia or acquire those of citizens of Panama. But they shall be under the obligation to make their election before 42112-S. Doc. 474, 63-2-12 the proper authorities within one year from the date of the exchange of ratifications of this treaty; and those who remain in the said territory after the expiration of that year without having declared their election shall be considered as having elected to become citizens of the country where they reside. The natives of the country of either of the two contracting Republics who have heretofore or shall hereafter become citizens by naturalization in the other Republic shall not be punished, molested, or discriminated against by the Government of the country of which they were natives, or by the citizens thereof, by reason of their acts of adhesion to the country whose citizenship they have adopted. ARTICLE VII. Neither nation shall annex territory of the other.-Both Republics agree, each for itself, that neither of them shall admit to form any part of its nationality any part of the territory of the other which separates from it by force. ARTICLE VIII. Negotiations to be conducted for treaty of commerce, etc.-As soon as this treaty and the contemporaneous treaty 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 the Republics of Panama and Colombia for the conclusion of additional treaty or treaties, covering questions of commerce, postal, telegraph, copyright, consular relations, extradition of criminals, and the like. ARTICLE IX. It is agreed between the high contracting parties, and is declared, that the dividing line between the Republic of Colombia and the Republic of Panama shall be as follows, to-wit: From Cape Tiburon, on the Atlantic, to the headwaters of the Rio de la Miel, and following the range by the Cerro de Gandi to the Sierra de Chugargun and that of Mali, going down by the Cerros of Nique to the heights of Espave, and from there to the Pacific at such point and by such line as shall be determined by the tribunal of arbitration hereinafter provided, and the determination of said line shall conform to the decision of the tribunal of arbitration in respect of the title and limits of the district or corregimiento of Jurado, as next provided. As to the district or corregimiento of Jurado, the boundaries and attribution of which to either the Republic of Colombia or the Republic of Panama will be fixed by the determination of the line aforesaid by said tribunal of arbitration, the title thereto and the precise limits thereof and the right to the sovereignty thereof as between the high contracting parties shall be conclusively determined by arbitration in the following manner: SECTION 1. A tribunal of arbitration shall be created to investigate and determine all questions of fact and law concerning the rights of the high contracting parties to all the territory in the above-mentioned region of Jurado. The tribunal shall consist of three mem bers; the Republic of Colombia shall nominate one member, the Republic of Panama shall nominate one member, both of whom shall be nominated within three months after the exchange of ratifications of this treaty, and the two members of the tribunal thus nominated shall jointly nominate a third member, or, in the event of their failure to agree within three months next after the appointment of the last of them and on request of the President of either of the high contracting parties, the third member of the tribunal shall be appointed by the President of the Republic of Peru. The tribunal shall hold its sessions at such place as the tribunal shall determine. The case on behalf of each party, with the papers and documents, shall be communicated to the other party within three months after the appointment of the third member of the tribunal. The counter cases shall be similarly communicated, with the papers and documents, within three months after communication of the cases, respectively. And within two months after communication of the counter case the other party may communicate its reply. The proceedings of the tribunal shall be governed by the provisions, so far as applicable, of the convention for the pacific settlement of international disputes signed at The Hague by the representatives of both the parties hereto on the 18th day of October, 1907. The tribunal shall take into consideration all relevant laws and treaties and all facts proved of occupancy, possession, and political or administrative control in respect of the territory in dispute. ARTICLE X. This treaty conditional upon exchange of treaties of even date between United States and Colombia and United States and Panama.— This treaty shall not be binding upon either of the high contracting parties nor have any force until and unless the treaty signed on this same date between the Republic of Panama and the United States of America and between the Republic of Colombia and the United States of America are both duly ratified and ratification thereof exchanged simultaneously with the exchange of the ratification of this treaty. ARTICLE XI. Ratification and exchange. The present treaty shall be submitted for ratification to the respective Governments, and ratifications hereof exchanged at Washington as soon as possible. In faith whereof we, the respective plenipotentiaries, have signed the present treaty in triplicate, in the English and Spanish languages, and have hereunto affixed our respective seals. Done at the city of Washington the the year of our Lord 1908. day of Secretary Root to Colombian Minister. in DEPARTMENT OF STATE, December 30, 1908. MY DEAR MR. CORTES: I send you herewith, for your consideration, a draft for the treaty between the United States and Colombia, which |