Government of New Granada, or by the authority of the same, than is, under like circumstances, levied upon upon and collected from the Granadian citizens; that any lawful produce, manufactures, or merchandise belonging to citizens of the United States, thus passing from one sea to the other, in either direction, for the purpose of exportation to any other foreign country, shall not be liable to any import duties whatever; or, having paid such duties, they shall be entitled to drawback upon their exportation; nor shall the citizens of the United States be liable to any duties, tolls, or charges of any kind, to which native citizens are not subjected for thus passing the said Isthmus. And, in order to secure to themselves the tranquil and constant enjoyment of these advantages, and as an especial compensation for the said advantages, and for the favors they have acquired by the 4th, 5th, and 6th articles of this treaty, the United States guarantee, positively and efficaciously, to New Granada, by the present stipulation, the perfect neutrality of the before-mentioned Isthmus, with the view that the free transit from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists; and in consequence, the United States also guarantee, in the same manner, the rights of sovereignty and property which New Granada has and possesses over the said territory.

"2. The present treaty shall remain in full force and vigor for the term of twenty years from the day of the exchange of the ratifications; and from the same day the treaty that was concluded between the United States and Colombia, on the 13th of October, 1824, shall cease to have effect, notwithstanding what was disposed in the 1st point of its 31st article.

"3. Notwithstanding the foregoing, if neither party notifies to the other its intention of reforming any of, or all, the articles of this treaty twelve months before the expiration of the twenty years stipulated above, the said treaty shall continue binding on both parties beyond the said twenty years, until twelve months from the time that one of the parties notifies its intention of proceeding to a reform.

"4. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same, and the harmony and good correspondence between the nations shall not be interrupted thereby; each party engaging in no way to protect the offender, or sanction such violation.

"5. If unfortunately any of the articles contained in this treaty should be violated or infringed in any way whatever, it is expressly stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other on complaints of injuries or damages, until the said party considering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of international right.

"6. Any special or remarkable advantage that one or the other power may enjoy from the foregoing stipulation, are and ought to be always understood in virtue and as in compensation of the obligations they have just contracted, and which have been specified in the first number of this article."

This treaty, now in force as to New Granada under the recently assumed title of Colombia, is discussed in connection with the ClaytonBulwer treaty, supra, § 150f.

(2) CONTINUANCE OF.
§ 289.

As has been already seen this treaty remains in force, nor has it ever been claimed that it comes within the purview of the Clayton-Bulwer treaty so as to be in any way modified thereby.

Supra, § 150f.

III. EFFECT OF GUARANTEE OF, UNDER TREATY.

(1) SUCH GUARANTEE BINDS COLOMBIA.

§ 290.

"The federative Republic of Colombia, officially styled the United States of Colombia, was formed by the convention of Bogota concluded September 20, 1861, by the representatives of nine States, previously a part of New Granada." (Martin's Statesman's Year Book, tit. Colombia.) As the Isthmus of Panama is in Colombia, the treaty with New Granada binds Colombia. And aside from this view, as New Granada, in the sense in which the term was used at the time of the convention of Bogota, was virtually conterminous with the province of Colombia, as thus reconstituted, there can be no question that the treaty specifically binds Colombia.

Supra, §§ 4, 137.

(2) DOES NOT GUARANTEE AGAINST CHANGES OF GOVERNMENT.

§ 291.

The guarantee of "perfect neutrality" in the treaty is not a guarantee against change of Government in Colombia, since treaty obligations, when binding a country as an entity, are not, as we have seen, affected by intermediate revolutions, and therefore exists irrespective of such revolutions. (Supra, § 137.) The United States, however, is (1) authorized and required by the treaty to protect the transit of the isthmus from foreign invasion, and (2) is authorized to compel Colombia to keep the transit free from domestic disturbance. (Supra, § 145.) For this purpose the United States is entitled to employ in the isthmus such forces as may enable Colombia to keep the transit open. The distinctions in this respect are given supra, §§ 145, 150 ƒ.

In connection with the documents given supra, §§ 145, 150 f, the following may be considered:

"The present condition of the Isthmus of Panama, in so far as regards the security of persons and property passing over it, requires serious consideration. Recent incidents tend to show that the local authorities cannot be relied on to maintain the public peace of Panama, and there is just ground for apprehension that a portion of the inhabitants are meditating further outrages, without adequate measures for the security and protection of persons or property having been taken, either by the State of Panama, or by the General Government of New Granada.

"Under the guarantees of treaty, citizens of the United States have, by the outlay of several million dollars, constructed a railroad across the Isthmus, and it has become the main route between our Atlantic and Pacific possessions, over which multitudes of our citizens and a

vast amount of property are constantly passing-to the security and protection of all which, and the continuance of the public advantages involved, it is impossible for the Government of the United States to be indifferent.

"I have deemed the danger of the recurrence of scenes of lawless violence in this quarter so imminent as to make it my duty to station a part of our naval force in the harbors of Panama and Aspinwall, in order to protect the persons and property of the citizens of the United States in these ports, and to insure to them safe passage across the Isthmus. And it would, in my judgment, be unwise to withdraw the naval force now in those ports, until, by the spontaneous action of the Republic of New Granada, or otherwise, some adequate arrangement shall have been made for the protection and security of a line of interoceanic communication so important at this time, not to the United States only, but to all other maritime states both of Europe and America."

President Pierce, Fourth Annual Message, 1856.

"The Government is of the opinion that the position of the free ports of Panama and Colon as mere stations on one of the world's most important highways should demand a simpler and less rigid enforcement of customs rules against the vehicles of mere transient passage than may be requisite to protect the fiscal interests at ports of entry. It is deemed that the mutual concessions and guarantees under which the transit was established entitle all those who honestly and pacifically use it to exceptional facilities, which may not be needed, or be even proper at other ports. It would be very much to be regretted if a contrary course should prevail in conflict with the true interests of Colombia herself, no less than of those who avail themselves of the privileges incidental to the transit."

Mr. Frelinghuysen, Sec. of State, to Mr. Scruggs, Mar. 6, 1883. MSS. Inst., Colombia.

IV. RELATIONS TO PARTICULAR COUNTRIES.

(1) COLOMBIA.
§ 292.

The position of Colombia as to the treaty of 1846 has been already discussed. (Supra, §§ 145, 150ƒ, 297 ff.)

The following may be considered in the same relation:

"You will remember that soon after the receipt of your note of February 13 I took occasion to have an interview with you, in which I intimated that this Government could scarcely consider the newspaper reports referred to as a sufficient basis for the demand of formal explanations; that I was not then in possession of the information upon which the definite wishes of this Government would finally take shape, but that you might rest assured that no action had been taken or was

contemplated which could in any degree be regarded as inattentive to the complete equality and independence of the Colombian Republic, or in the least disregardful of its interests; and that, in case this Government should find it useful to its commercial and naval interests to establish coaling stations in any ports of the Isthmus, it would present the matter in the usual manner to the friendly allowance of the Colombian Government.

"Upon the receipt of your note of April 1, from New York, I several times made inquiries as to the time of your return in order that I might secure an interview, and upon the receipt of your note of the 15th of April, advising me of your return, you were immediately desired to do me the honor of calling at the Department, when you were informed that my necessary absence in New York would postpone my reply for a day or two, but that I would endeavor to furnish you an answer in season for your mail of the 20th instant.

"I have recalled these facts to your attention simply to confirm the assurance, which you must already feel, that there has been on the part of this Government no disposition to misconstrue or neglect your natural desire to be duly informed of any action which might affect the interests or dignity of the state you represent.

"It is only since the receipt of your letter of April 1 that this Government has been enabled to furnish you that precise information of the movements of its naval vessels on the Atlantic and Pacific coasts of the Isthmus which you have expressed a desire to receive.

"The Government of Colombia has been for a long time aware that the safety and convenience of both their naval and mercantile marine might require the establishment by the United States of coaling stations at some points on the Atlantic and Pacific coasts of Central America; and the Government of the United States has never doubted that the friendly feeling existing between the two countries, and the treaty obligations of this Government to the Government of Colombia would induce that Government to afford it every aid and facility in obtaining and occupying such stations, should they be desired, within the territory of Colombia. This Government was aware that the acquisition of such places, whether by the purchase of private property or by public grant, would need to be brought to the notice of the Colombian Government, and it has never entertained a doubt that its assent would be cheerfully given. Nor has this Government ever supposed that the examination and survey of the harbors and unoccupied shores of these coasts could excite the apprehension of any of the Central American powers.

"This convenience sought by a commercial and naval power has, as you are well informed, been accorded to this Government at various points in the Atlantic and Pacific waters by all friendly powers upon the mere suggestion by this Government that it was desired. I have

therefore to inform you that this Government, having under consideration the propriety of establishing coaling stations at the earliest practicable moment at such points in the State of Panama as might seem best adapted for that purpose, orders were given to the U. S. S. Adams, Commander Howell, to visit the Gulf of Dulce, and to the U. S. S. Kearsarge, Commander Picking, to visit the Boca del Toro and Chiriqui Lagoon, and to report fully the capabilities of those locations. Within the last few days only reports have been received from both of these commanders.

"From Commander Howell the Government learns that the point best adapted for its purpose is Golfito, in the Gulf of Dulce, and that with the permission of the local authorities he has made a small deposit of coal in that neighborhood.

"As the boundary line in the Gulf of Dulce between Costa Rica and Colombia has not been determined, this Government is at present unable to say where within the territorial limits of the two States the point selected is situated.

"From Commander Picking the Government learns that in his opinion Shepherd's Harbor, in the Almerante Bay, is the situation, in the Boca del Toro, best adapted for a coaling station."

Mr. Evarts, Sec. of State, to Mr. Arosemena, Apr. 17, 1880. MSS. Notes, Colombia; For. Rel., 1880.

"I had the honor to receive your note of the 19th ultimo, wherein, while disclaiming desire on your part to interfere with any arrangements which may be made at Bogotá by the United States minister, Mr. Dichman, with regard to coaling stations on the Colombian Isthmus, as contemplated in my note to you of April 17 last, you intimate your trust that orders have been issued by the competent Department for the withdrawal from Chiriqui Bay and Dulce Gulf of the United States warvessels lately engaged there in taking soundings and other operations preparatory to the establishment of such coaling stations. You are pleased to add that such a step on the part of this Government would greatly facilitate any arrangement or agreement that may be entered into by the United States of Colombia in relation to the matter, inasmuch as it would quiet the agitation which has been caused in your country by the operations of the vessels in question, and, which you suggest, must inevitably find an echo in official circles.

"I cannot but share the regret, which I doubt not you must feel, that the operations of the Adams in the Gulf of Dulce and of the Kearsarge in Chiriqui Bay should have given rise to the disquietude you mention. Our conferences hitherto, and the frank and full note I had the honor to address to you on the 17th of April last, will, I doubt not, have removed from your own mind and from that of the Government of Colombia any impression that the movements of the Adams and Kearsarge were in