one or the other of the contracting parties," add the following: "Except in the cases provided for in the clauses following, that is to say: It being the intent and purpose of both the high contracting parties that so far as practicable the said canal shall be and remain a safe and privileged channel for the lawful commerce of all maritime nations, it is therefore stipulated and agreed that neither the United States of America nor the United States of Colombia, in case of war with any other nation, will exercise the belligerent right of capture, detention, or blockade of merchant vessels of said other hostile nation within the limits of said canal, its ports, harbors, and dependencies, and such distance of open sea as may hereafter be determined: Provided always, That the benefits of the provision in this clause above expressed shall extend to the merchant marine of those nations only which shall by treaty with both the present contracting parties join with the United States in the guarantee of the sovereignty of Colombia and the territory of said canal, and of the immunity and neutrality of the said canal, its ports, harbors, and dependencies, and the open sea adjacent, and shall give the same reciprocal rights of exemption from capture, blockade, and detention within the limits aforesaid to the merchant vessels of the United States of America and the United States of Colombia.

SIR: The present prospect of affairs in relation to the treaty is by no means flattering. There is no probability that final action will be had in the Senate for thirty days to come. There is a clear majority in the Senate in favor of some treaty on the canal question with the United States. But it is as yet impossible to get that majoaity to unite upon details. They take each article up in succession, and to each many amendments are offered, some of which are adopted without any consideration of their effect upon the symmetry of the whole. Debate is practically unlimited, and amendment is thrust in upon amendment. Besides, they have all the vanity of the Spanish race, and their very weakness renders them exceedingly irritable and unnecessarily selfasserting. By appeals to these passions, and in the hurry and confusion of debate, many absurd, some dangerous, and even insulting propositions have been inserted.

The 11th article was under consideration on the 29th April, or rather the amendment proposed by the government. Dr. Carlos Martin proposed to amend still further by striking out the words "both the contracting parties" and inserting "Colombia," and thus excluding our country from being a party to the treaties to be made with foreign powers on the point of immunity of merchant vessels within the canal limits. Dr. Martin argued in favor of his amendment that it was not safe to trust the United States with participation in such treaties. Tapata, secretary for foreign affairs, replied that the amendment implied want of confidence in the United States, and that they had a clear right to be parties in any treaty referring to the canal, especially in those by which they yielded belligerent rights. Notwithstanding, the Senate approved Dr. Martin's amendment, and the 11th article as amended and adopted reads as in the copy hereto annexed.

I immediately wrote to Señor Tapata that if that amendment stood as the voice of Colombia, the treaty, in my judgment, would be immediately rejected at home; that I considered it in the light of a denial of just and necessary right, and of a deliberate vote of want of confidence in the United States, and declined any further consultation or conference on the subject of the canal while that obnoxious measure stood as the vote of the Senate. I also took some pains to let this determination come to the ears of the senators, and on the 3d of this month I was assured by several senators who voted for it that it was a mistake and would be corrected. I wait, however, to see it done, as I have little faith in the word of any of these gentlemen.

On the 30th of April the Senate adopted a supplemental article, a copy of which I attach, on the subject of the passage of men-of-war of the guaranteeing nations through the canal.

On the 3d of May the government opened its views to the Senate on the financial articles 12 and 13 of the original treaty. Their mouth-piece on the occasion was Señor Camacho Roldan, secretary of finance. His proposition was to release all forms of participation of profits, &c., as provided in these articles, and in lieu of them to reserve to Colombia a single specific charge on tonnage, at the rate of 30 cents per ton for the first twenty years, and 40 cents per ton afterward, leaving all other sources of revenue free to the enterprise of the canal. After a very able speech from Roldan, lasting two days, and some other debate, the proposition was adopted. Whether it will finally stand, I do not know.

Nothing appears fixed simply because it has been adopted, and it is very likely that, in final review of their entire action, the Senate may recede from some of their amendments. I do not like the supplemental article, of which a copy is attached. There will be perpetual danger of collision, notwithstanding the treaties, and it will be a grave question whether European nations will adopt such treaties, and complicate themselves to the extent required. But until they do it leaves the United States in possession of the exclusive privilege, and if they do enter into treaties, the additional security of their guarantee of immunity and neutrality will diminish the risk already assumed by the United States, and to that extent there is some compensation.

The treaty, as you are aware, is now on second reading in the Senate. The third reading will be final, and when their action is complete it passes to the House, which will not agree to any very absurd amendment. As things stand, it will probably be advisable for the Senate of the United States to wait the action of these people, as the whole scheme and plan of the existing treaty may be modified.

S. A. HURLBUT, Minister Resident United States America.

Article 11 as modified and adopted by the Senate 29th April, 1870.

On their part the United States of America guarantee, first, the sovereignty of Colombia over the Isthmus of Panama and the territory in which the canal may be constructed; and, secondly, that the canal, with its dependencies and appurtenances, shall remain safe and neutral in the terms and to the extent hereafter expressed, and shall be exempt from all hostility on the part of any foreign nation or power; and to this end the United States of America constitute themselves allies of the United States of Colombia to aid then in repelling any attack or invasion upon the work and property above guaranteed; it being well understood that the expense caused by such defense shall be at the sole cost of the United States of America; and that the United States of Colombia will, to the extent of their ability, defend the said canal and its appurtenances as part of its territory.

The United States of Colombia reserve to themselves the right of passing through the canal their ships of war, troops, and munitions of war at all times, and concede the same rights to the United States of America; but said canal shall be closed to the flag of all nations which may be at war with either one or the other of the parties contracting, except in the case provided for in the following clause. It being the interest and purpose of the contracting parties that, so far as is possible, the said canal shall be a safe and privileged channel for the lawful commerce of all nations, it is hereby declared that neither the United States of Colombia nor the United States of America, in case of war with any other nation, will exercise the belligerent rights of excluding from the canal, of capture, blockade, or detention of merchant vessels of such hostile nation or nations within the limits of the canal, or in its harbors, ports, or dependencies, or in the open sea adjacent, within a distance hereafter to be determined. But it is to be distinctly understood that the benefits of the stipulations in this clause expressed shall extend to the mercantile marine of those nations only which by means of treaties entered into *with Colombia, shall guarantee the sovereignty of Colombia over the Isthmus of Panama and the territory in which the canal shall be constructed; and the immunity and neutrality of the canal, its ports, harbors, and dependencies and the adjacent open sea; and shall also concede reciprocally the same rights of exemption from blockade, capture, and detention within the limits aforesaid, on the same conditions and to the same extent to the merchant vessels of the United States of America and the United States of Colombia.

Supplemental article to follow article 11.

In case of war between any of the powers which shall have guaranteed the sovereignty of Colombia over the Isthmus and the territory mentioned in the preceding article, and also the immunity and neutrality of the canal, or in case of war between such guaranteeing powers and either of the present contracting parties, the transit through the canal of ships of war, troops and munitions of war, of the belligerents shall remain open, notwithstanding such hostilities; but no hostile act shall be done or committed in the said canal, its ports, harbors, and dependencies, nor in the open sea adjacent, within the distance hereinafter to be determined, which shall in no case be less than three marine leagues. The canal shall be closed against the ships of war of all nations which shall not have given the guarantees referred to in this article, at

*

Original after" with "-" both the contracting parties"-amended by Dr. Martin by striking out this last phrase and inserting "Colombia."

all times when they may be at war with either of the contracting parties. Any infraction of this clause shall be considered as an attack upon the immunity and neutrality of the canal.

Adopted by the Senate April 30, 1870.

No. 23.]

Mr. S. A. Hurlbut to Mr. Fish.

LEGATION OF THE UNITED STATES,
Bogota, May 16, 1870.

SIR: The Senate of Colombia has modified article 12 by reserving as the share of Colombia 40 cents per ton for the first twenty years, and 50 cents per ton for the remaining term. When they come to the final debate, I shall ask for reduction to 25 cents for the whole term. This modification is in the place of all other participation of profits. The second reading will close in the Senate in ten days.

S. A. HURLBUT, Minister Resident United States of America.

Mr. Hurlbut to Mr. Fish.

No. 26.]

BOGOTA, June 3, 1870.

SIR: I inclose with this a printed copy of the Spanish original text, and the amendments made by the Senate. The treaty is now before the House, and it is impossible to say what their action will be. I am endeavoring to organize the friends of the measure so as to bring it more nearly to the original, and have some hope that it will be done. The changes made are very great; most of them I hope will be defeated; but the radical changes in articles 11 and 12 in some form and amount will be insisted

on.

INTEROCEANIC CANAL.

Treaty for the construction and regulation of an interoceanic canal across the Isthmus of Panama, or Darien, and modifications adopted by the Senate in the discusion of the same treaty before closing the second debate on the ratification.

Whereas the construction of a canal between the Atlantic and Pacific Oceans across the isthmus uniting the two Americas, situated within the jurisdiction of the United States of Colombia, is essential to the prosperity and well-being both of the United States of America and of the United States of Colombia, as well as to the commercial interests and civilization of the world: Therefore the United States of America and the United States of Colombia have agreed to enter into a treaty for the purpose of facilitating and securing the great objects above expressed, and for that purpose have appointed their respective plenipotentiaries; that is to say, the President of the United States of America has appointed Stephen A. Hurlbut, minister resident of the United States of America, within the United States of Colombia; and the President of the United States of Colombia has appointed Justo Arosemena and Jacob Sanchez; who, having first exchanged their respective powers in due form, have agreed upon the following articles:

Adopted.