shore in a northerly, easterly, southerly, and westerly direction to the point of beginning, except that at the site of the old Colon lighthouse a detour is made, as shown on the map, to exclude an area of land to be used as the site for a United States battery, which site shall be deemed to be within the Canal Zone. The site for a United States battery above mentioned, which is to be included within the jurisdiction of the Canal Zone, is described as follows: The initial point is a tack in a stake on Colon point, situated with reference to certain prominent points as follows: South 41° 6' east, 25-22 feet from the south-west interior corner of the upper pavement of the swimming pool; south 11° 37' west, 127.68 feet from a cross mark on a bolt set in a concrete base 13.9 feet to the north-east of the centre of the north-eastern edge of the swimming pool; south 35' 18' west, 266.75 feet from the north-western corner of the Hotel Washington; and north 68° 29′ west, 543.95 feet from the cross mark on a rail set in a concrete base at a point where the south building line of Second Street intersects the centre line of Bottle Alley; from this initial point south 43° 00' west, 258.5 feet to a point; thence north 47° 00′ west, 90'64 feet to a point; thence by a curve to the right with a radius of 56.86 feet and a central angle of 45° 00', 44.66 feet to a point; thence by a curve to the right with a radius of 91 feet and a central angle of 45° 00', 71·47 feet to a point; thence north 43° 00' east, 177.5 feet to a point; thence south 47° 00' east, 1575 feet to the point of beginning, containing 0.91 acres, more or less. All bearings are referred to true meridian (Panamá-Colon Datum). VI. The harbour of Colon shall consist of those maritime waters lying to the westward of the city of Colon and bounded as follows: The southerly boundary of the harbour of Colon is in a line running north 78° 30′ 30′′ west, which begins at a cross cut in the concrete sea wall on the easterly side of Limon Bay and on the centre line of Eleventh Street, Colon, produced westerly. This point is marked "D" on the map designated exhibit "C.” Beginning at mean low-water mark on Limon Bay on the abovedescribed line the boundary runs north-westerly along said line to a point in Limon Bay marked "E" on the map, and located 330 metres east of the centre line of the Panamá Canal; thence turning to the right and running in a northerly direction the line runs parallel with the above-mentioned centre line and at a distance of 330 metres easterly therefrom until it meets an imaginary straight line drawn through the lighthouse on Toro Point, having a bearing of south 78° 30′ 30′′ east, this intersection point being marked "F" on the map; thence turning to the right and running along the above-mentioned line south 78° 30′ 30′′ east to a point on the boundary of the abovementioned site for the United States battery; thence turning to the right and running along the said boundary line of said site to the mean low-water line of Limon Bay; thence turning to the right and running along said water line in a generally southerly direction to the point of beginning at the foot of Eleventh Street. All bearings in this description and on the plan mentioned above are referred to true meridian (Panamá-Colon Datum). The foregoing description of the city of Colon and Colon Harbour conform to the accompanying blue print marked exhibit "C."* VII. It is agreed that the Republic of Panamá shall have an easement over and through the waters of the Canal Zone in and about Limon and Manzanillo bays to the end that vessels trading with the city of Colon may have access to and exit from the harbour of Colon, subject to the police laws and quarantine and sanitary rules and regulations of the United States and of the Canal Zone established for said waters. The United States also agrees that small vessels may land at the east wall which extends along the shore to the south of the foot of Ninth Street and recently constructed by the Panamá Railroad Company in the harbour of Colon free of any wharfage or landing charges that might otherwise accrue to the said company under the terms of its concessions from the Government of Colombia; and the United States further agrees that it will construct and maintain a landing pier in a small cove on the southerly side of Manzanillo Island in the north-westerly portion of the arm of the sea known as Boca Chica (sometimes called Folks River), to be used as a shelter harbour for small coasting boats of the Republic of Panamá, without any wharfage or other landing charges. VIII. Inasmuch as the highway known as the "Sabanas Road" will come entirely within the bounds of the city of Panamá under this agreement the authorities of the Canal Zone are hereby relieved of the duty to repair and maintain such road, or any part of it, and the same shall be done henceforth by the authorities of the Republic at their cost and expense. IX. It is agreed that the Republic of Panamá will not construct nor allow the construction of any railway across the Sabanas or other territory hereby transferred to that Republic without a mutually satisfactory agreement having been previously arrived at between the two Governments; and this shall be without prejudice to any right the United States may have to object to such railway projection under any of the provisions of the Canal Treaty of the 18th November, 1903. X. The Contracting Parties hereby agree that this Convention shall not diminish, exhaust, or alter any rights acquired by them heretofore in conformity with the Canal Treaty of the 18th November, 1903; and it is further expressly agreed that the United States, in the exercise of the rights granted to it under Articles II and III of the said Canal Treaty, and subject to Article VI of said Treaty, may enter upon and use, occupy, *Not reproduced. and control the whole or any portion of the Sabanas land, or other territory hereby transferred to the Republic of Panamá, as the same may be necessary or convenient for the construction, maintenance, operation, sanitation, or protection of the Canal or of any auxiliary canals, or other works necessary and convenient for the construction, maintenance, operation, sanitation, or protection of said enterprise. XI. This agreement shall not be construed to modify the rights of the authorities of the Canal Zone to employ citizens of the Republic of Panamá residing in the territory of the Republic as provided in section 5 of the above-mentioned agreement of the 15th June, 1904, and for which purpose the Government of the Republic granted the permission required by paragraph 2 of Article 7 of the Panamánian Constitution.* XII. The civil and criminal cases pending in the Courts of the Canal Zone and the Republic of Panamá at the time of the execution of this Convention shall not be affected hereby, but the same shall be proceeded with to final judgment and disposed of in the Courts where they are now pending as though this agreement had not been entered into. XIII. The exhibits accompanying this agreement are signed by the representatives of the respective Governments for identification. This Convention, when signed by the Plenipotentiaries of the High Contracting Parties, will be ratified by the two Governments in conformity with their respective Constitutional laws, and the ratifications shall be exchanged at Panamá at the earliest date possible. 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 Panamá, the 2nd day of September, in the year of our Lord 1914. WILLIAM JENNINGS PRICE. PROTOCOL between Panamá and the United States of America relative to the Treatment of Belligerent Warships in the Canal Zone. Washington, October 10, 1914.† THE undersigned, the Acting Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panamá, in view of the close association of the interests of their respective Governments on the Isthmus of Panamá, and to the end that these interests may be conserved, and that, when a state of war exists, * Vol. XCVIII, page 951. + "United States Treaty Series," No. 597. Signed also in the Spanish language. the neutral obligations of both Governments, as neutrals may be maintained, after having conferred on the subject and being duly empowered by their respective Governments, have agreed That hospitality extended in the waters of the Republic of Panamá to a belligerent vessel of war or a vessel beiligerent or neutral, whether armed or not, which is employed by a belligerent Power as a transport or fleet auxiliary or in any other way for the direct purpose of prosecuting or aiding hostilities, whether by land or sea, shall serve to deprive such vessel of like hospitality in the Panamá Canal Zone for a period of three months, and rice versâ. In testimony whereof, the undersigned have signed and sealed the present Protocol in the city of Washington this 10th day of October, 1914. (LS.) ROBERT LANSING. TREATY between Paraguay and the United States of America for the Settlement of Disputes by reference to a Permanent International Commission.-Asuncion, August 29, 1914.* [Ratifications exchanged at Asuncion, March 9, 1915.] THE United States of America and the Republic of Paraguay, being desirous to strengthen the bonds of amity that bind them together, and also to advance the cause of general peace, have resolved to enter into a Treaty for that purpose, and to that end have appointed as their Plenipotentiaries : The President of the United States: His Excellency Daniel F. Mooney, Envoy Extraordinary and Minister Plenipotentiary; and The President of Paraguay: His Excellency D. Manuel Gondra, Minister of Foreign Relations; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following Articles : ART. I. The High Contracting Parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an International Commission, to be constituted in the manner prescribed in the next succeeding Article; and they agree not to declare war or begin hostilities during such investigation, and before the report is submitted. "United States Treaty Series," No. 614. Signed also in the Spanish language. [1914. CVIII.] 2 M II. The International Commission shall be composed of five members, to be appointed as follows: One member shall be chosen from each country, by the Government thereof; one member shall be chosen by each Government from some third country; the fifth member shall be chosen by common agree ment between the two Governments. The expenses shall be paid by the two Governments in equal proportion. The International Commission shall be appointed within the four months following the exchange of the ratifications of this Treaty; and vacancies shall be filled according to the manner of the original appointment. III. In case the High Contracting Parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the International Commission for investigation and report. The International Commission may, however, act upon its own initiative, and in such case it shall notify both Governments and request their co-operation in the investigation. The report of the International Commission shall be completed within one year after the date on which it shall declare its investigation to have been initiated, unless the High Contracting Parties shall protract the term by mutual consent. The report shall be prepared in triplicate; one copy will be presented to each Government, and the third retained by the Commission for its archives. The High Contracting Parties reserve the right to act independently on the subject-matter of the dispute after the report of the Commission shall have been submitted. IV. The present Treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Republic of Paraguay, with the approval of the Congress thereof; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years, and it shall thereafter remain in force until one year after one of the High Contracting Parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present Treaty and have affixed thereunto their seals. Done in Asuncion on the 29th August, in the year of our Lord 1914. (L.S.) DANIEL F. MOONEY. (L.S.) M. GONDRA. |