But I do suggest that whether the arrangements made with Panama in 1903 and subsequently changed and each change was absolutely valid-assuming that we had every right, that we were not overreaching, that it was a bargain between powers of equal strength and therefore the kind that would be enforced in a court of law if it were a justiciable matter-nevertheless, the question still is, should that be changed now? That is what we really have to decide. Is it in our interest, is it in the interest of the Panamanians, is it in the interest of the continued operation of the canal and its availability in peace and in war, that this arrangement be changed now? If so, is this change a good one? Mr. ROBERT C. BYRD. Mr. President, the distinguished Senator from New Jersey (Mr. Case), the ranking member of the Foreign Relations Committee, has put his finger on the gravamen of the question. Mr. CASE. I thank my colleague. Mr. ROBERT C. BYRD. Is it in the interests of the United States to ratify these treaties? That is the question I have made my benchmark from the beginning. Is it in the best interests of the United States for the Senate to lend its advice and consent an approval to the ratification of these treaties? I yield to the distinguished Senator from Alabama. Mr. ALLEN. I thank the distinguished majority leader. The point that I think is important is that the distinguished majority leader has said time and again that no Panamanian ever signed the treaty. I call his attention to a most authoritative work. "Cadiz to Cathay," by Duval, on this subject. On page 393 of that monumental work we see this statement: The signatures were placed on the last page of the treaty in the following order: Junta Members; J. A. Arango, Tomas Arias, Manuel Espinosa B. Minister of Interior: Eusebio A. Morales. Minister of Foreign Relations: F. V, de la Espriella. Minister of Justice: Carlos A. Mendoza. Minister of Treasury: Manuel E. Amador. Minister of War and Marine: Nicanor A. de Obarrio. Subsecretary of Public Instruction: Francisco Antonio Facio. That was on December 4, 1903. The U.S. Senate did not give its advice and consent to the treaty until February 23, 1904. So this signed treaty, signed by the Panamanian Government, signed by nine Panamanians, was before the Senate, I assume, from that time on, from December 4, 1903, up to February 23, 1904. If the Panamanians had wanted to come out from under the treaty, they had ample time to do it. In fact, the treaty was signed by members of the government-nine in all. Mr. ROBERT C. BYRD. Mr. President, the distinguished Senator from Alabama has referred to an authoritative and monumental work, and it is, indeed. But there is nothing as authoritative as the original treaty itself, and that convention was signed at Washington on November 18, 1903. On page 288 of "Background Documents Relating to the Panama Canal," I see two signatures: John Hay, Secretary of the United States, and P. Bunau-Varilla. Two signatures, neither of which is a Panamanian. The distinguished Senator from Alabama has referred to the subsequent signing by Panamanians--not the signing of the treaty. He is referring to the ratification of the Hay-Bunau-Varilla Treaty of 1903, and that was done at Panama on December 2, 1903. There is a difference in signing a treaty and in ratifying it. The treaty we are discussing before the Senate now has already been signed, but it has not been ratified. That is what we are talking about here. It is really a distinction perhaps without a difference, but there is a difference. We are talking now about treaties-a treaty, the Neutrality Treaty, which already has been signed and was signed last September by the President of the United States, Mr. Carter, and by General Torrijos. By the time that treaty gets around to ratification, there may be different signatures. Who knows? An act of God may create a situation in which there will be different signatures. I am saying that the original treaty was signed by John Hay and P. Bunau-Varilla, neither of whom was a Panamanian. If we want to quibble about that, let us continue the quibbling on another day. But there is the record. And what did Bunau-Varilla do? Mr. ALLEN. Mr. President, will the Senator yield at that point? Mr. ROBERT C. BYRD. Three days after the approval of the treaty by the U.S. Senate, he submitted his resignation as envoy extraordinary, and this is what he said: I had fulfilled my mission. I had safeguarded the work of the French genius. And who was the French genius? Ferdinand de Lesseps. I had avenged its honor. I had served France. This was the signatory on the part of Panama-Bunau-Varilla. He had served France, not Panama, not the United States of America. He had served France. Mr. LAXALT. Mr. President, will the leader yield? Mr. ALLEN. Will he yield since he discussed that? Mr. ROBERT C. BYRD. Those were his words. "I had served France." Mr. ALLEN. If the Senator will yield further, the Senator makes a point about the treaty being signed only by Bunau-Varilla. The Senator would realize that the American Government did not bring in a whole host of signatories to this treaty and it would have been difficult for the members of the junta there in Panama and the Cabinet there in Panama to have been present in Washington for the purpose of signing the treaty. They were down in Panama representing the Government and the people of Panama. Obviously they could not be up here in Washington to sign it along with Bunau-Varilla. Mr. ROBERT C. BYRD. No. They were on their way from New York. . Mr. ALLEN. They signed it, though, in Panama, signed the treaty on the last page, and I ask unanimous consent that this statement appearing on page 393 of this Duval work be printed in the Record. There being no objection, the statement was ordered to be printed in the Record, as follows: The signatures were placed on the last page of the treaty in the following order: Junta Members: J. A. Arango, Tomas Arias, Manuel Espinosa B. Minister of Interior: Eusebio A. Morales. Minister of Foreign Relations: F. V. de la Espriella. Minister of Justice: Carlos A. Mendoza. Minister of Treasury: Manuel E. Amador. Minister of War and Marine: Nicanor A. de Obarrio. Subsecretary of Public Instruction: Francisco Antonio Facio. Mr. ALLEN. This was the first opportunity they had to- Immediately following the printing in the Record of the extracts from the Duval work, I ask unanimous consent to print in the Record the 1903 treaty as it appears beginning on page 279 and ending on page 288, of the volume background documents relating to the Panama Canal which will show that the convention was signed at Washington on November 18, 1903, by two persons, John Hay and Bunau-Varilla, and I also ask unanimous consent that the following page 289 which deals with the ratification of that treaty on December 2 and the signatories thereon be printed in the Record at this point. There being no objection, the material was ordered to be printed in the Record, as follows: [No. 38. A CONVENTION BETWEEN THE UNITED STATES AND PANAMA FOR THE CONSTRUCTION OF A SHIP CANAL (HAY-BUNAU-VARILLA TREATY), NOVEMBER 18, 1903*] ISTHMIAN CANAL Convention signed at Washington November 18, 1903. Ratified by Panama December 2, 1903. Senate advice and consent to ratification February 23, 1904. Ratified by the President of the United States February 25, 1904. Ratification exchanged at Washington February 26, 1904. Entered into force February 26, 1904. Proclaimed by the President of the United States February 26, 1904. Amended by treaties of March 2, 1936, and January 25, 1955.-33 Stat. 2234; Treaty Series 431. ISTHMIAN CANAL CONVENTION The United States of America and the Republic of Panama being desirous to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific oceans, and the Congress of the United States of America having passed an act approved June 28, 1902, in furtherance of that object, by which the President of the United States is authorized to acquire within a reasonable time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such territory being actually rested in the Republic of Panama, the high contracting parties have resolved for that purpose to conclude a convention and have accordingly appointed as their plenipotentiaries. The President of the United States of America, John Hay, Secretary of State, and The Government of the Republic of Panama, Philippe Bunau Varilla, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, thereunto specially empowered by said government, who after communicating with each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: Article I' The United States guarantees and will maintain the independence of the Republic of Panama. Bevans, Treaties and Other International Agreements of the United States of America, 1776-1949. v. 10, pp. 668-672. 'Art. I superseded by art. I of treaty of Mar. 2, 1936 (TS 945, post, p. 743). Article II' The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction, maintenance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific ocean to a distance of three marine miles from mean low water mark with the proviso that the cities of Panama and Colon and the harbors adjacent to said cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Republic of Panama further grants to the United States in perpetuity the use, occupation and control of any other lands and waters outside of the zone above described which may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said enterprise. The Republic of Panama further grants in like manner to the United States in perpetuity all islands within the limits of the zone above described and in addition thereto the group of small islands in the Bay of Panama, named Perico, Naos, Culebra and Flamenco. Article III The Republic of Panama grants to the United States all the rights, power and authority within the zone mentioned and described in Article II of this agreement and within the limits of all auxiliary lands and waters mentioned and described in said Article II which the United States would possess and exercise if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority. Article IV As rights subsidiary to the above grants the Republic of Panama grants in perpetuity to the United States the right to use the rivers, streams, lakes and other bodies of water within its limits for navigation, the supply of water or water-power or other purposes, so far as the said rivers, streams, lakes and bodies of water and the waters thereof may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal. Article V The Republic of Panama grants to the United States in perpetuity a monopoly for the construction, maintenance and operation of any system of communication by means of canal or railroad across its territory between the Caribbean Sea and the Pacific Ocean. Article VI The grants herein contained shall in no manner invalidate the titles or rights of private land holders or owners of private property in the said zone or in or to any of the lands or waters granted to the United States by the provisions of any Article of this treaty, nor shall they interfere with the rights of way over the public roads passing through the said zone or over any of the said lands or waters unless said rights of way or private rights shall conflict with rights herein granted to the United States in which case the rights of the United States shall be superior. All damages caused to the owners of private lands or private property of any kind by reason of the grants contained in this treaty or by reason of the operations of the United States, its agents or employees, or by reason of the construction, maintenance, operation, sanitation and protection of the said Canal or of the works of sanitation and protection herein provided for, shall be ap Art. II modified by art. II of treaty of Mar. 2, 1936. Art. V abrogated in part by art. III of treaty of Jan. 25, 1955 (6 UST 2273; TIAS 3297). Art. VI modified by art. X of treaty of Jan. 25, 1955. praised and settled by a joint Commission appointed by the Governments of the United States and the Republic of Panama, whose decisions as to such damage shall be final and whose awards as to such damages shall be paid solely by the United States. No part of the work on said Canal or the Panama railroad or on any auxiliary works relating thereto and authorized by the terms of this treaty shall be prevented, delayed or impeded by or pending such proceedings to ascertain such damages. The appraisal of said private lands and private property and the assessment of damages to them shall be based upon their value before the date of this convention. 7 Article VII The Republic of Panama grants to the United States within the limits of the cities of Panama and Colon and their adjacent harbors and within the territory adjacent thereto the right to acquire by purchase or by the exercise of the right of eminent domain, any lands, buildings, water rights or other properties necessary and convenient for the construction, maintenance, operation and protection of the Canal and of any works of sanitation, such as the collection and disposition of sewage and the distribution of water in the said cities of Panama and Colon, which, in the discretion of the United States may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal and railroad. All such works of sanitation, collection and disposition of sewage and distribution of water in the cities of Panama and Colon shall be made at the expense of the United States, and the Government of the United States, its agents or nominees shall be authorized to impose and collect water rates and sewerage rates which shall be sufficient to provide for the payment of interest and the amortization of the principal of the cost of said works within a period of fifty years and upon the expiration of said term of fifty years the system of sewers and water works shall revert to and become the properties of the cities of Panama and Colon respectively, and the use of the water shall be free to the inhabitants of Panama and Colon, except to the extent that water rates may be necessary for the operation and maintenance of said system of sewers and water. The Republic of Panama agrees that the cities of Panama and Colon shall comply in perpetuity with the sanitary ordinances whether of a preventive or curative character prescribed by the United States and in case the Government of Panama is unable or fails in its duty to enforce this compliance by the cities of Panama and Colon with the sanitary ordinances of the United States the Republic of Panama grants to the United States the right and authority to enforce the same. The same right and authority are granted to the United States for the maintenance of public order in the cities of Panama and Colon and the territories and harbors adjacent thereto in case the Republic of Panama should not be, in the judgment of the United States, able to maintain such order. Article VIII The Republic of Panama grants to the United States all rights which it now has or hereafter may acquire to the property of the New Panama Canal Company and the Panama Railroad Company as a result of the transfer of sovereignty from the Republic of Colombia to the Republic of Panama over the Isthmus of Panama and authorizes the New Panama Canal Company to sell and transfer to the United States its rights, privileges, properties and concessions as well as the Panama Railroad and all the shares or part of the shares of that company; but the public lands situated outside of the zone described in Article II of this treaty now included in the concessions to both said enterprises and not required in the construction or operation of the Canal shall revert to the Republic of Panama except any property now owned by or in the possession of said companies witin Panama or Colon or the ports or terminals thereof. The United States agrees that the ports at either entrance of the Canal and the waters thereof, and the Republic of Panama agrees that the towns of Panama First sentence of art. VII amended and third paragraph abrogated by art. VI of treaty of Mar. 2, 1936; first paragraph modified and second paragraph abrogated by arts. V and IV of treaty of Jan. 25. 1955. See also agreement of May 18, 1942 (EAS 359), post, p. 809. Art. IX superseded by art. V of treaty Mar. 2, 1936. |