ARTICLE XXVI. If after the lapse of five years from the date of this convention the necessary works for the opening of the canal should not have been commenced by the United States, or if after the expiration of the twelve years stipulated for the completion of the work, and the extension of twelve years referred to in Article XXIV, the canal should not be opened to commerce, all the concessions granted by this convention shall be forfeited, and all the works, principal and accessory, machinery, and properties of the canal shall become the property of the Republic of Colombia, and the same Republic shall recover its actual rights over the Panama Railway, without any obligation to return any of the sums that it may have received in conformity with this convention. ARTICLE XXVII. This convention, when signed by the contracting parties, shall be submitted for legislative approval, and shall be exchanged within a term of eight months from this date. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge receipt at your hands of a communication dated the 31st of March, 1902, and another of the 18th of April, inclosing a proposal of the Republic of Colombia for a concessionary convention or treaty between the Republic of Colombia and that of the United States of America respecting the completion, maintenance, operation, control, and protection of an interoceanic canal over the Isthmus of Panama. I am directed by the President to inform you that I shall be ready to sign with you the proposed convention as soon as First. The Congress of the United States shall have authorized the President to enter into such an arrangement; and Second. As soon as the law officers of this Government shall have decided upon the question of the title which the New Panama Canal Company is able to give of all the properties and rights claimed by it and pertaining to a canal across the Isthmus and covered by the pending proposal. Accept, sir, the renewed assurances of my highest consideration. Señor Don JOSÉ VICENTE CONCHA. JOHN HAY. [Translation.] LEGATION OF COLOMBIA, Washington, D. C., April 23, 1902. SIR: I have the honor to acknowledge the reception of your excellency's communication of the 21st instant, by which you are pleased to inform me that you are authorized by the President of the United States to sign with the Republic of Colombia the treaty relative to the opening of the Panama Canal, and the other details connected with the said work, in accordance with the draft I submitted to the Government of the United States on the 18th instant, and that you will proceed to do so as soon as permission shall have been given by the Congress of this Republic, and as the official lawyers shall have given their opinion regarding the title of the new canal company for the transfer of its rights. When the occasion to sign the above-mentioned treaty shall arise I will present, according to usage, the full powers authorizing me to do so. Accept, excellency, the sentiments of my high consideration. JOSÉ VICENTE CONCHA. Hon. JOHN HAY, Secretary of State of the United States, PC-VOL 3-06- -65 Department of State. |