ROOSEVELT'S ADMINISTRATION. 1257 LXXIX. headland to headland, crossing some of the bays and CHAP. inlets, giving Canada the ports, and producing isolated pieces of United States territory. The treaty provided that: "The tribunal shall consist of six impartial jurists of repute, who shall consider judicially the questions submitted to them, each of whom shall first subscribe an oath that he will impartially consider the arguments and evidence presented to the tribunal and will decide thereupon according to his true judgment. Three members of the tribunal shall be appointed by the President of the United States and three by His Britannic Majesty. All questions considered by the tribunal, including the final award, shall be decided by a majority of all the members thereof." It also provided that the tribunal should consider the RussoBritish treaty of 1825, and that: "Each party may present to the tribunal all pertinent evidence, documentary, historical, geographical, or topographical, including maps and charts, in its possession or control and applicable to the rightful decision of the questions submitted; and if it appears to the tribunal that there is evidence pertinent to the case in the possession of either party which has not been produced, the tribunal may in its discretion order the production of the same by the party having control thereof." The treaty specifically instructed the tribunal to consider and decide these questions, referring to articles in the treaty of 1825: "1. What is intended as the point of commencement of the line? "2. What channel is the Portland Channel? "3. What course should the line take from the point of commencement to the entrance to Portland Channel? "4. To what point on the 56th parallel is the line to be drawn from the head of the Portland Channel, CHAP. and what course should it follow between these "5. In extending the line of demarcation northward from said point on the parallel of the 56th degree of north latitude, following the crest of the mountains situated parallel to the coast until its intersection with the 141st degree of longitude west of Greenwich, subject to the condition that if such line should anywhere exceed the distance of ten marine leagues from the ocean then the boundary between the British and the Russian territory should be formed by a line parallel to the sinuosities of the coast and distant therefrom not more than ten marine leagues, was it the intention and meaning of said convention of 1825 that there should remain in the exclusive possession of Russia a continuous fringe or strip of coast on the mainland, not exceeding ten marine leagues in width, separating the British possessions from the bays, ports, inlets, havens, and waters of the ocean, and extending from the said point on the 56th degree of latitude north. to a point where such line of demarcation should intersect the 141st degree of longitude west of the meridian. of Greenwich? "6. If the foregoing question should be answered in the negative, and in the event of the summit of such mountains proving to be in places more than ten marine leagues from the coast, should the width of the lisière which was to belong to Russia be measured (1) from the mainland coast of the ocean, strictly so called, along a line perpendicular thereto, or (2) was it the intention and meaning of the said convention that where the mainland coast is indented by deep inlets, forming part of the territorial waters of Russia, the width of the lisière was to be measured (a) from the line of the general direction of the mainland coast, or (b) from the line separating the waters of the ocean ROOSEVELT'S ADMINISTRATION. 1259 from the territorial waters of Russia, or (c) from the CHAP. heads of the aforesaid inlets? "7. What, if any exist, are the mountains referred to as situated parallel to the coast, which mountains, when within ten marine leagues from the coast, are declared to form the eastern boundary?" LXXIX. Oct. 17. The tribunal met in London, and its decision was rendered October 17, 1903. This decision was in favor 1903. of the United States on all points, except that it gave to Canada the Portland Canal, which forms the southern boundary of that portion of Alaska. The Canadians, whose eagerness for the territory had even carried them to the length of producing a false map, were disappointed by the decision and were seriously offended because one of the British commissioners, recognizing a plain case, and mindful of his oath, had voted with the Americans. Supplementary extradition treaties were concluded April 3. with Mexico, April 3, 1903, and with the Netherlands, May 31, 1904. 1904. May 31. A treaty of friendship and general relations was concluded with Spain, April 30, 1903, reëstablishing 1903. the conditions that existed before the war of 1898. Apr. 30. A treaty for the construction of the proposed Panama ship canal by the United States was signed on January 22, 1903, and was ratified by the United Jan. 22. States Senate on March 17, the vote being 73 to 5. But the Colombian Senate rejected it August 17, and Aug. 17. two months later proposed a new treaty that involved the payment to Colombia by the United States of $25,000,000. It was evident that the Colombian Government was simply playing fast and loose in order to get as much money as possible for a concession that would be an actual advantage to that country. This, together with other grievances, incensed the people of the State of Panama to the point of insurrec LXXIX. CHAP. tion, and when it appeared that the uprising was successful, and the Republic of Panama was proclaimed Nov. 3. November 3, the United States Government three Feb. 26. days later recognized it as an independent power. Nov. 18. On the 18th of that month Secretary Hay and Mr. Bunau-Varilla, Panama's minister at Washington, signed a new treaty for the isthmian canal, which was 1904. ratified and proclaimed February 26, 1904. Meanwhile Colombia had offered to make a canal concession to the United States free of cost if the United States would permit the subjugation of Panama. By the new treaty the United States guarantees to maintain. the independence of the Republic of Panama; and the general concession is in these words: "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 centre 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 con ROOSEVELT'S ADMINISTRATION. 1261 LXXIX. venient for the construction, maintenance, operation, CHAP. 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. 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." The treaty also gives to the United States the use of all streams and lakes that may be necessary, in connection with the canal for navigation, power, or sanitation, and also a monopoly for the construction and operation of any system of communication, by canal or railroad, across the isthmus from the Caribbean Sea to the Pacific Ocean. The rights of policing and sanitation are specifically granted. The Republic of Panama transfers to the United States all rights or proprietorship that it may have in the property of the New Panama Canal Company and the Panama Railroad Company, and authorizes those companies to grant or sell their properties and privileges to the United States. The United States agrees to pay to the Republic of Panama $10,000,000 in gold on the ratification of the treaty, and $250,000 a year thereafter, beginning nine years after the ratification. Any disputes that may arise are to be referred to a joint commission. The United |