United States of Colombia, National Executive Power., May 15, 1865
United States of Colombia, National Executive Power.
department of the interior and foreign relations.—bureau of foreign affairs.
Section 1, No 77.
To the Secretary of the Government of the Sovereign State of Panama:
The citizen President of the Union, to whom was referred your note of the 13th of January last, No. 43, has ordered me to transmit to you the following instructions, according to which the government will regulate its conduct concerning the transit of foreign troops across the isthmus, leaving inoperative those which may have been given formerly upon the same matter:
- The transit across the isthmus, as a general rule, is prohibited to all nations, unless permission be obtained previously from Congress, in view of section 4 of article 49 of the constitution.
- 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 North American troops, as well 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 that same government is bound towards ours.
- When there may be a necessity of changing the crews of foreign men of war, the executive power of the State shall warn them not to commit any hostile act, and to require an account of the sailors who are being exchanged or replaced, who will not be permitted to take the train of the railroad, except as ordinary passengers, and free from any foreign military authority; that is to say, they must not be in military order.
- The same will be observed when soldiers or sailors, being sick and coming from foreign men of war, wish to cross the isthmus for the purpose of going to other places to be cured.
I say this to you in answer to your note herein referred to, and in order that you may be pleased to communicate the same to the citizen-president of the state with a view of securing the due compliance therewith.