whose fundamental terms are that the United States will be authorized to occupy, under the head of a perpetual lease, a certain belt of territory for the construction, administration, and operation of the canal, and to exercise therein the jurisdiction which properly belongs to our Sovereignty. In return for these and other minor concessions we are offered the guaranty of the independence and sovereignty of Costa Rica and of the integrity of her territory and the payment to the Government of a million and a half dollars. In view of the great and paramount importance of this matter, I deemed it expedient to call an advisory hoard consisting of persons of well-known ability and patriotism in order to enlighten me in so delicate and grave a question. A committee under the chairmanship of the secretary of state for the department of foreign relations was appointed among the members of that board. This committee has discharged its duties in a satisfactory Inanner touching all the points which in its opinion do not contravene the spirit of our political institutions, in conformity to the provisions of the fundamental code as regards the integrity of the territory and the exercise of sovereignty. In consequence thereof the Government is powerless to enter into positive negotiations with that of the United States of America unless there should be previously passed a constitutional amendment by which such concessions for the construction of the interoceanic canal may be authorized, or the matter referred to public opinion in some other way by calling a constituent assembly for the purpose. #33. The Spooner Act of June 28, 1902* CHAP. 1302.-An Act To provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceana. June 28, 1902. (Public, No. 183] Isthmian canal. Canal Company at Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the Purchase of rights United States is hereby authorized to acquire, for and on behalf of etc., of New Panam the United States, at a cost not exceeding forty millions of dollars, thorized. the rights, privileges, franchises, concessions, grants of land, right of way, untinished work, plants, and other property, real, personal, and mixed, of every name and nature, owned by the New Panama Canal Company, of France, on the Isthmus of Panama, and all its maps, plans, drawings, records on the Isthmus of Panama and in Paris. including all the capital stock, not less, however, than sixty-eight thousand eight hundred and sixty-three shares of the Panama Railroad Company, owned by or held for the use of said canal company, provided a satisfactory title to all of said property can be obtained. Right of way from Colombia. Construction. Jurisdiction ports. Police, etc., regul tions. "Judicial tribunals SEC. 2. That the President is hereby authorized to acquire from the Republic of Colombia, for and on behalf of the United States, upon such terms as he may deem reasonable, perpetual control of a strip of land, the territory of the Republic of Colombia, not less than six miles in width, extending from the Caribbean Sea to the Pacific Ocean, and the right to use and dispose of the waters thereon, and to excavate, construct, and to perpetually maintain, operate, and protect thereon a canal, of such depth and capacity as will afford convenient passage of ships of the greatest tonnage and draft now in use, from the Caribbean Sea to the Pacific Ocean, which control shall include the right to perpetually maintain and operate the Panama Railroad, if the ownership Panama Railroad thereof, or a controlling interest therein, shall have been acquired by the United States, and also jurisdiction over said strip and the ports at the ends thereof to make such police and sanitary rules and regulations as shall be necessary to preserve order and preserve the public health thereon, and to establish such judicial tribunals as may be agreed upon thereon as may be necessary to enforce such rules and regulations. The President may acquire such additional territory and rights from Colombia as in his judgment will facilitate the general purpose hereof. SEC. 3. That when the President shall have arranged to secure a satisfactory title to the property of the New Panama Canal Company, as provided in section one hereof, and shall have obtained by treaty control of the necessary territory from the Republic of Colombia, as provided in section two hereof, he is authorized to pay for the property of the New Panama Canal Company forty millions of dollars and to the Republic of Colombia such sum as shall have been agreed upon, and a sum sufficient for both said purposes is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be paid on warrant or warrants drawn by the President. The President shall then through the Isthmian Canal Commission hereinafter authorized cause to be excavated, constructed, and completed, utilizing to that end as far as practicable the work heretofore done by the New Panama Canal Company, of France, and its predecessor company, a ship canal from the Caribbean Sea to the Pacific Ocean. Such canal shall be of sufficient capacity and depth as shall afford convenient passage for vessels of the largest tonnage and greatest draft now in use, and such as may be reasonably anticipated, and shall be supplied with all necessary locks and other appliances to meet the necessities of vessels passing through the same from ocean to ocean; and he shall also cause to be constructed such safe and commodious harbors at the termini of said canal, and make such provisions for defense as may be necessary for the safety and protection of said ⚫U.S., Statutes At Large, v. XXXII, part 1, chap. 1802, pp. 481-484. Additional terr tory. Payinents Construction. Capacity and dept of canal. Locks, etc. Terminal harbors. Employees. Sinaga route. and be that from Costa canal canal and harbors. That the President is authorized for the purposes aforesaid to employ such persons as he may deem necessary, and to fix their compensation. SEC. 4. That should the President be unable to obtain for the United ned States a satisfactory title to the property of the New Panama Canal Rax and Nicaragua Company and the control of the necessary territory of the Republic of Colombia and the rights mentioned in sections one and two of this Act, within a reasonable time and upon reasonable terms, then the President, having first obtained for the United States perpetual control by treaty of the necessary territory from Costa Rica and Nicaragua, upon terms which he may consider reasonable, for the construction, perpetual maintenance, operation, and protection of a canal connecting the Caribbean Sea with the Pacific Ocean by what is commonly known as the Nicaragua route, shall through the said Isthmian Canal ComConstruction of mission cause to be excavated and constructed a ship canal and waterway from a point on the shore of the Caribbean Sea near Greytown, by way of Lake Nicaragua, to a point near Brito on the Pacific Ocean. Said canal shall be of sufficient capacity and depth to afford convenient passage for vessels of the largest tonnage and greatest draft now in use, and such as may be reasonably anticipated, and shall be supplied with ail necessary locks and other appliances to meet the necessities of vessels passing through the same from ocean to ocean; and he shall also construct such safe and commodious harbors at the termini of said canal as shall be necessary for the safe and convenient use thereof, and shall make such provisions for defense as may be necessary for the safety and protection of said harbors and canal; and such sum or sums of money as may be agreed upon by such treaty as compensation to be paid to Nicaragua and Costa Rica for the concessions and rights hereunder provided to be acquired by the United States, are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be paid on warrant or warrants drawn by the President. Appropriation. Borreya San Juan R.ver and Lake Sicaraguan Rediminary spor The President shall cause the said Isthmian Canal Commission to make such surveys as may be necessary for said canal and harbors to be made, and in making such surveys and in the construction of said canal may employ such persons as he may deem necessary, and may fix their compensation. In the excavation and construction of said canal the San Juan River and Lake Nicaragua, or such parts of each as may be made available, shall be used. SEC. 5. That the sum of ten million dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, toward the project herein contemplated by either route so selected. And the President is hereby authorized to cause to be entered into such contract or contracts as may be deemed necessary for the proper excavation, construction, completion, and defense of said canal, harbors, and defenses, by the route finally determined upon under the provit of expendi- sions of this Act. Appropriations therefor shall from time to time be hereafter made, not to exceed in the aggregate the additional sum of one hundred and thirty-five millions of dollars should the Panama route be adopted, or one hundred and eighty millions of dollars should the Nicaragua route be adopted. The of canal, etc. by Colombi Nica SEC. 6. That in any agreement with the Republic of Colombia, or and Costa Rica. With the States of Nicaragua and Costa Rica, the President is authorized to guarantee to said Republic or to said States the use of said canal and harbors, upon such terms as may be agreed upon, for all vessels owned by said States or by citizens thereof. Isthmian Canal Commission created. SEC. 7. That to enable the President to construct the canal and works appurtenant thereto as provided in this Act, there is hereby created the Isthmian Canal Commission, the same to be composed of seven members, who shall be nominated and appointed by the President, by and with the advice and consent of the Senate, and who shall serve until the completion of said canal unless sooner removed by the Presi dent, and one of whom shall be named as the chairman of said Commission. Of the seven members of said Commission at least four of them shall be persons learned and skilled in the science of engineering, and of the four at least one shall be an officer of the United States Army, and at least one other shall be an officer of the United States retired list of the Army or of the Navy. Said commissioners shall Compensation. each receive such compensation as the President shall prescribe until Deductions. Reports. the same shall have been otherwise fixed by the Congress. In addi- Engineers. tion to the members of said Isthmian Canal Commission, the President is hereby authorized through said Commission to employ in said service any of the engineers of the United States Army at his discretion, and likewise to employ any engineers in civil life, at his discretion, and any other persons necessary for the proper and expeditious prosecution of said work. The compensation of all such engineers and other Compensation. persons employed under this Act shall be fixed by said Commission, subject to the approval of the President. The official salary of any officer appointed or employed under this Act shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of this Act. Said Commission shall in all matters be subject to the direction and control of the President, and shall make to the President annually and at such other periods as may be required, either by law or by the order of the President, full and complete reports of all their actings and doings and of all moneys received and expended in the construction of said work and in the performance of their duties in connection therewith, which said reports shall be by the President transmitted to Congress. And the said Commission shall furthermore give to Congress, or either House of Congress, such information as may at any time be required either by Act of Congress or by the order of either House of Congress. The President shall cause to be provided and assigned for the use of the Commission such offices as may, with the suitable equipment of the same, be necessary and proper, in his discretion, for the proper discharge of the duties thereof. SEC. 8. That the Secretary of the Treasury is hereby authorized to borrow on the credit of the United States from time to time, as the proceeds may be required to defray expenditures authorized by this Act (such proceeds when received to be used only for the purpose of meeting such expenditures), the sum of one hundred and thirty million dollars, or so much thereof as may be necessary, and to prepare and issue therefor coupon or registered bonds of the United States in such form as he may prescribe, and in denominations of twenty dollars or some multiple of that sum, redeemable in gold coin at the pleasure of the United States after ten years from the date of their issue, and payable thirty years from such date, and bearing interest payable quarterly in gold coin at the rate of two per centum per annum; and the bonds herein authorized shall be exempt from all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority: Provided, That said bonds may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, giving to all citizens of the United States an equal opportunity to subscribe therefor, but no commissions shali be allowed or paid thereon; and a sum not exceeding one-tenth of one per centum of the amount of the bonds herein authorized is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertising, and issuing the same. Approved, June 28, 1902. Offices. Bond issue anthom ized to defray ez penses. Denominations. Interest. Exempt from taxes Proviso. Expenses. Late 1902* PART IV-b. PAPERS SUBMITTED RELATING TO THE HAY-CONCHA LIST OF CORRESPONDENCE RELATING TO THE HAY-CONCHA NEGOTIATIONS IN 1902. From Colombian legation, March 31, 1902. (Not included. Printed in H. Doc. 611, 57th Cong., 1st sess.) From same, March 31, 1902. (Not included. 1st sess.) To same, April 5, 1902. From same, April 8, 1902. To same, April 18, 1902. Printed in H. Doc. 611, 57th Cong., Froni same, April 18, 1902. (Not included. Printed in H. Doc. 611, 57th Cong., 1st sess.) To sume, April 21, 1902. (Not included. Printed in H. Doc. 611, 57th Coug., 1st sess.) From same, April 23, 1902. (Not included. Printed in H. Doc. 611, 57th Cong., 1st sess.) To sanie, July 18, 1902. From same, September 22, 1902. No. 4.] Señor José VICENTE CONCHA, etc. DEPARTMENT OF STATE, Washington, April 5, 1902. the 31st ultimo, expressing certain of the conditions under which SIR: I have the honor to acknowledge the receipt of your note of Colombia is willing to grant to the United States the right to con struct the Panama Canal. I have the honor to say in reply that, as I have orally stated to you, this important matter is having earnest consideration. Accept, etc., [Copy-Translation.] JOHN HAY. LEGATION OF COLOMBIA, r. SECRETARY: By express orders of my Government I have the . lantic and Pacific Oceans, over what has been styled the Nicaragua ment and a protest in regard to the projected canal between the AtCongress, 2nd Session, Senate Document No. 474, Part IV-b, pp. 250-270. JX1398.5.A5 of the Panama Canal. Washington, Govt. Print. Off., 1914. 63rd |