protocol., the twenty-second of February, one thousand eight hundred and seventy-nine

protocol.

At a conference which took place in the department of the interior and foreign relations at Bogota to-day, the 22d of February, 1879, between the secretary thereof, Pablo Arosemena, and the Hon. Ernest Dichman, minister resident of the United States of America at Bogota, being both duly empowered by their respective governments, with a view of examining the differences which have arisen between them relating to the right of transit which the Government of the United States of America has across the Isthmus of Panama, and for the purpose of arriving at a common ac cord which will remove said differences definitively, agree upon the following:

• As was recognized explicitly by the Government of the United States of Colombia in a note directed by the secretary of the interior and foreign relations to the Government of the State of Panama, on May 15, 1885, under No. 77. According to article 35 of the treaty with the United States of America of the 12th of December, 1846, the Government of Colombia guarantees the right of way or transit across the Isthmus, not only to the citizens of the United States, but also to their government, and consequently, the troops of the American Union, as well as the prisoners under the Federal jurisdiction, can pass as the usual service of its administration, a right which is established in compensation for the guarantee of the sovereignty and property of the isthmus, to which the same government is bound.
• In the ease of transportation across the Isthmus of Panama of criminals, the extradition of which may have been obtained by the United States of America from other governments, there will be presented by the, consular agent of that country to those (the agents) of the Government of the Union in the State of Panama, the documents which may have served as a basis for the extradition. In the case of the transportation of criminals, proceeding from the territory of the United States, this formality will not be necessary.
• The armed forces of the nation or of the State (troops) will take charge gratuitously of the custody of the criminals, the transportation of which is requested by the Government of the United States of America, from that of the United States of Colombia (across the Isthmus of Panama).
• The honorable senate of plenipotentiaries will be notified of this settlement.