other forms of accidents of twenty-five thousand lives. No citizen of the United States of America, capitalist or otherwise, has moved or can be moved to engage in the vast enterprise except as he is influenced by the political, moral, and social considerations which have inspired the proceedings of the Executive Department of the United States in the present negotiation.

The Executive Department believes, and thinks it has reason to believe, that were adequate inducements offered by the two countries a corporate association could be formed, competent to the enterprise, and called into activity; but the entire proceeding is experimental.

No corporation will come forward and no capital will be subscribed unless such inducements and guarantees as have been suggested shall be furnished by the two Governments.

The assessments, charges, penalties, and forfeitures which the Colombian ministers propose would alarm and effectively deter capitalists from accepting the invitation which the projected treaty, as drawn up by me, is intended to hold out to them.

It is not supposed that the great achievement contemplated can be effected without immediate cost and expense and sacrifice to be incurred by both nations. The amount of accumulated capital in the markets of the world is too small, and the field for its employment is relatively too large, to justify an expectation that one hundred million dollars would be voluntarily and impetuously poured into the treasuries of either of the two Governments, or both of them, or of any corporate body that shall avow itself willing to undertake the work. Entertaining these views, I am of opinion that the stipulations proposed in the amendments of the commissioners to Article XIII are impracticable and must be disallowed.

ARTICLE XIV.

Such citizen or citizens shall likewise hold their property, rights, immunities, and privileges in and about the same ship canal, subject to the authority of the Congress of the United States, and subject in like manner to the reservation herein contained in favor of the United States of Colombia.

EXPLANATION.

This article has been rejected by the Colombian ministers. It is insisted upon by the United States. Reasons for the persistence will easily be inferred from the explanation which has been communicated under the head of Article XIII.

It is proper, however, to further say that the effect of Article XIV would be to secure to such corporate company as should be authorized by the United States to prosecute and operate the Darien Ship Canal just the same powers, and no others, than those which the draft of the treaty saves to the United States of America, and subjects such company to all the obligations and duties which the treaty proposed to devolve upon the Government of the United States, in case that Government should undertake to construct and operate the canal directly.

ARTICLE XV.

This treaty shall cease and determine if the United States of America shall not make or cause to be made the surveys and locations of the canal herein provided for within three years after the ratification and exchange of this convention, or if they shall fail to begin the construction of the canal or cause it to be begun within five years after such ratification, or if they shall fail to cause it to be completed within a period of fifteen years after such ratification.

EXPLANATION.

The Colombian commissioners accept this article.

ARTICLE XVI.

If, unhappily, any difference shall arise between the United States of America and the United States of Colombia growing out of this treaty, or out of the survey, location, construction, use, management, or revenues of the projected ship canal, the parties mutually engage not to resort to war on that account, but to refer all such difficulties and controversies to the arbitrament of some foreign nation which shall be impartial between the contracting parties, and which shall be favorable to the advancement of commerce, peace, and civilization throughout the world.

EXPLANATION.

We would prefer to insist upon Article XVI, here recited. It seems that the present is a suitable and convenient time for the two American nations to negotiate a treaty to manifest their confidence in the stability and wisdom of the republican system of government on the American continent. If, however, the Colombian commissioners shall persist in their proposed amendments the minister of the United States of America is at liberty to concede them.

ARTICLE XVII.

The Colombian ministers propose to amend this article by substituting one which declares that the convention shall not take effect until it shall have been approved by the Congresses of both contracting nations, and exchanged in due form.

I propose to amend the amendment of the Colombian commissioner by substituting in place of the original article a new article as follows:

ARTICLE XVII.

In consideration of the constitutions of the two nations, and of the magnitude and weight of the matters contained in this convention, it is declared that it shall not take effect, except as to the provisional surveys, until laws approving the convention shall have been passed by the respective Congresses of the United States of America and the United States of Colombia, and exchanged in due form, and that the provision for survey may take effect from the time when laws have been passed approving of the convention by the Congress of the United States of Colombia, and when the convention shall have been duly ratified by the President, by and with the consent of the Senate, of the United States of America.

EXPLANATION.

A reliable preliminary survey of the Darien Ship Canal is an object most desirable to be accomplished, even if the provisions contained in this treaty for constructing the canal are unattainable.

The Congress of the United States have already appropriated sufficient funds and conferred on the President the power to make such a survey; so that no further action on that subject by the Congress of the United States is deemed necessary.

All that is required with regard to the survey is, that the consent of the United States of Colombia shall be given to that survey. While I think it would be unfortunate to lose the survey proposed in this amendment, I still leave the execution of that preliminary work to the full and free consent of the Congress of the United States of Colombia.

ARTICLE XVIII.

The present convention shall be approved and 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 United States of Colombia, with the consent and approbation of the Congress of the same; and the ratifications shall be exchanged in the city within twelve months from the date of the signatures of this convention.

of

EXPLANATION.

The Colombian ministers assent to this article.

I am, &c.,

WILLIAM H. SEWARD.

3. [Confidential.-Executive, LL. 40th Congress, 3d session.]

Message of the President of the United States, transmitting a convention of the United States of America and the United States of Colombia, relating to the construction of a ship-canal between the Atlantic and Pacific oceans, concluded at Bogota the 14th January, 1869.

FEBRUARY 16, 1869.-Read; convention read the first time, referred to Committee on Foreign Relations, and, with the message, ordered to be printed in confidence for the use of the Senate.

To the Senate of the United States:

I transmit for the consideration of the Senate, with a view to ratification, a convention between the United States of America and the United States of Colombia, for facilitating and securing the construction of a ship canal between the Atlantic and Pacific Oceans, through the continental isthmus lying within the jurisdiction of the United States of Colombia, which instrument was signed at Bogota on the 14th ultimo. ANDREW JOHNSON.

WASHINGTON, February 15, 1869.

Convention between the United States of America and the United States of Colombia, relating to the constructian of a ship canal between the Atlantic and Pacific Oceans, concluded at Bogota the 14th January, 1869.

Whereas, the construction of a ship-canal between the Atlantic and Pacific Oceans, through the continental isthmus which lies within the jurisdiction of the United States of Colombia is essential to the prosperity and welfare of the United States of America and the United States of Colombia, as well as to the interest of commerce and civilization throughout the world; now, therefore, the United States of America and the United States of Colombia have agreed to enter into a convention for the purpose of facilitating and ultimately securing that great object, and with that view have appointed their plenipotentiaries, namely: the President of the United States of America, Peter J. Sullivan, minister resident of the United States to the United States of Colombia; and the President of the United States of Colombia, Miguel Samper, secretary of finance and internal improvement of the Colombian union, and Tomas Cuenca; and the said plenipotentiaries, having exchanged their full powers in due form, have agreed upon the following articles:

ARTICLE I.

The United States of Colombia agree and consent that the United States of America shall make, and the United States of America agree to make the necessary survey for such ship-canal; and, if they ascertain the same to be feasible, then to locate the same, together with all its necessary appendages and appurtenances of locks, ports, harbors, stations, supply-feeders, and sluices, &c., on land and sea, upon the domain and within the jurisdiction of the United States of Colombia; and to adopt a plan of construction, and to make a thorough and detailed estimate of the expense and cost of construction; and for that purpose the United States of America may employ proper civil and military superintendents, engineers, accountants, and other agents and laborers, ships of war and transports, the military force, however, not to exceed, at any time, 500 rank and file without express consent of the United States of Colombia first obtained; and all persons engaged in such service, whether civil, naval, or military, shall, while so engaged, render lawful submission and obedience to the civil authorities of Colombia.

When the survey and location shall be completed the President of the United States of America shall certify the same, with the necessary maps and descriptions to the President of the United States of Colombia, and the same surveys, locations and descriptions shall be filed in the archives of the two Governments.

The route and plan thus fixed may afterwards be varied, as occasion shall require, under the authority of the United States of America. due notice being given of such modifications to the United States of Colombia. Said canal shall in no case be constructed on or across the route of the Panama Railroad, unless the company's consent has been first obtained.

ARTICLE II.

The United States of Colombia agree to concede, set apart, appropriate, and devote to the purposes of such ship-canal all the territory, including land, ocean, and tributary waters, which shall be designated for the purpose thereof in such plan and may be found necessary, and besides ten miles of waste, unsettled, and unimproved lands on each side of the canal throughout its entire length, and all the materials for such construction found within the territory so to be conceded; private owners of property being entitled to have a just and reasonable indemnity, to the effect whereof the Government of Colombia shall order the expropriations to be made according to its laws; but the valuation thereof, in no case, to be enhanced by reason of the proposed or actual construction of the canal.

The ten miles of land granted on each side of the canal shall be measured and divided into equal lots, the front whereof, bordering on the canal or its appendages, shall not exceed three thousand three hundred yards. Said lots shall be equally distributed between the two Governments, so that neither of them shall have two contiguous or consecutive lots, nor the two first at either extremity of the canal, both Governments being able to dispose freely of their corresponding lots, but with the condition that they shall allow free passage thereby to and from the canal and its appendages. To begin the distribution the Government of the United States of America shall choose its first lot,

and at the expiration of the term of this treaty shall give back to the Colombian Government, without exacting any amount for improvements made thereon, nor for any other reason whatever, all such lots or portions thereof which may not have been disposed of in favor of private individuals.

ARTICLE III.

The United States of Colombia stipulate and agree not to undertake or allow the opening of any other interoceanic canal or of any new railway through or across their territory from the Atlantic to the Pacific Ocean without the express consent of the United States of America being first obtained.

ARTICLE IV.

The outlay, cost, and expense of the survey, location, construction, and equipment of the said canal and its ports, stations, depots, and harbors, including damages paid for private property and the indemnity that may correspond to the Panama Railroad Company, should the case arise, in accordance with the contract celebrated by the Colombian Government and approved by Congress on the 15th of August, 1867, shall be for the account of the United States of America, but exclusively with reference to the purposes of this convention. The objects destined in Article II by the United States of Colombia for the construction of the canal shall remain in charge of the United States of America, but exclusively for the purposes of this convention.

ARTICLE V.

The United States of America shall construct said canal, with its appurtenances, suitable for the passage of all kinds of vessels, and may employ the necessary force of skill, art, and labor for that purpose. They may also maintain the necessary naval and military force, which shall at no time exceed 1,000 men, without the express consent of the United States of Colombia being first obtained; as soon as the canal be brought into operation, said force shall be withdrawn by the Government of the United States of America, if it be so requested by the Government of the United States of Colombia. The United States of America engage that the employés, laborers, artificers, as well as the naval and military force so engaged, shall conform themselves to the laws and Government of the United States of Colombia.

ARTICLE VI.

As fast as the canal and its appendages and appurtenances shall be constructed, the control, possession, direction, and government of the same shall belong to, and be exercised by, the United States of America, the Government of the United States of Colombia at the same time being at liberty, after the exchange of this convention, to maintain a permanent committee of agents, with the full right to inspect the operations concerned, measure the tonnage of vessels, examine the books and accounts, and report thereupon to the Government of the United States of Colombia; but not to interfere with the survey, control, management, direction, and working of the canal.