Santo Domingo Vila to The ageement upon the points embraced in this protocol of the same accords with my views and has received the approval of the President. The question, however, as to whether other points might not need to be entertained as a part of a formal convention on the basis of article 35 of the treaty of 1846 is not understood by me to be precluded by this protocol. WM. M. EVARTS. February 18, 1881, February 17, 1881

protocol.

The United States of Colombia recognizing—

That the construction of an interoceanic canal through the Isthmus of Panama will render more onerous the obligations of the United States of America assumed by the said United States in the thirty-fifth article of the treaty of 1846, between the United States of America and the United States of Colombia, then known as the Republic of New Grenada;

That the United States of Colombia are bound to concur with the United States of America in the maintenance of the neutrality of the Isthmus of Panama and of the sovereignty of the United States of Colombia over the territory of the said isthmus, guaranteed by the thirty-fifth article of the said treaty;

General Santo Domingo Vila, envoy extraordinary and minister plenipotentiary of the United States of Colombia to the United States of America, and William Henry Trescot, of South Carolina, for that purpose authorized and empowered to represent the Secretary of State of the United States of America, have signed this protocol, containing the following declarations:

I.

That, in conformity with the above-recited treaty of 1846, any interoceanic communication through the Isthmus of Panama, by canal or otherwise, shall be as free and open to the government and citizens of the United States of America as to the government and citizens of the United States of Colombia, except in case, which God forbid, of war between the two nations.

II.

The two governments will by common accord select such points in the territory of said isthmus as they may deem proper for fortification, temporary or permanent, and for military and naval depots, coaling-stations, and dock-yards, and will provide by convention for the occupation and establishment of such depots, stations, and fortifications.

And if the case contemplated in article 35 of the treaty of 1846 should occur and the sovereignty of the United States of Colombia over the Isthmus of Panama, or the neutrality of the transit across said isthmus, be threatened, the United States of America are authorized to occupy and maintain such threatened territory during the existence of such exigency in co-operation with the military forces of Colombia and in the defense of said sovereignty and territory.

But it is also understood that in time of peace, and no exigency existing in the judgment of the two governments, no military force (other than such detail as may be arranged by the two governments for the repair and preservation of fortifications and military stores, and the maintenance of docks, naval stations, and coal depots) shall occupy the said fortifications or be stationed within the said territory, except such military forces as shall belong to the United States of Colombia.

III.

That in case the United States of Colombia find cause to intervene for the modification of the tolls or regulations established by the holders of any concession of the said government for the execution of said interoceanic communication, the Government of the United States of Colombia will accept the concurrence of the United States of America in the adjustment of such tariff.

IV.

As the United States of Colombia and the United States of America are the only nations who have by treaty guaranteed the neutrality of transit across the Isthmus of Panama, and as the United States of America have further by treaty guaranteed the sovereignty of the United States of Colombia over the territory of said isthmus, the canal shall not be considered open as matter of right in time of peace to the war vessels or military transports of any nations except the said United States of Colombia and United States of America. But the said two contracting parties agree that they will declare the said canal open to the innocent use of the war vessels of other nations, subject to such regulations and restrictions as the said two contracting governments may jointly adopt.

But it is understood that if at any time the two governments should concur in withdrawing such declaration and closing the canal to the war vessels of other nations, and danger should threaten the sovereignty or territory of the United States of Colombia in consequence of such action, the United States of America will co-operate with the United States of Colombia in the means necessary for the defense of the sovereignty and territory so threatened.