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Kellog-Portes Gil treaty

[SIZE=4]Convention Between the United States of America and the United Mexican States [/size]

FOR the Construction of a Ship Canal to Connect the Waters of the Atlantic and Pacific Oceans. Signed at Washington, October 10, 1927. Ratification advised by the Senate, November 23, 1927. Ratified by the President, February 25, 1928. Ratified by Mexico, December 2, 1927. Ratifications exchanged at Washington, February 26, 1928. Proclaimed, February 26, 1928.

By the President of the United States of America.
A Proclamation

Whereas, a Convention between the United States of America and the United Mexican States to insure the construction of a ship canal across the Isthmus of Tehuantepec to connect the Atlantic and Pacific Oceans, was concluded and signed by their respective Plenipotentiaries at Washington, on the tenth day of October, one thousand nine hundred and twenty eight, the original of which Convention, being in the English language, is word for word as follows:

[SIZE=3]Isthmian Canal Convention[/size]

The United States of America and the United Mexican States being desirous to insure the construction of a ship canal across the Isthmus of Tehuantepec to connect the Atlantic and Pacific Oceans, and the Congress of the United States of America having passed an act approved June 28, 1927, in furtherance of that object, by which the President of the United States is authorized to acquire within a reasonable time the control of the necessary territory of the United Mexican States, the high contracting parties have resolved for that purpose to conclude a convention and have accordingly appointed as their plenipotentiaries,—
The President of the United States of America, Frank B. Kellogg, Secretary of State, and 4
The Government of the United Mexican States, Emilio Portes Gil, Envoy Extraordinary and Minister Plenipotentiary of the United Mexican States, thereunto specially empowered by said government, who after communicating with each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles:

Article I

The United States guarantees and will maintain the independence of the United Mexican States.

Article II

The United Mexican States 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 center 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 Tehuantepec into the Pacific Ocean to a distance of three marine miles from mean low water mark with the proviso that the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz 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 United Mexican States 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 convenient for the construction, maintenance, operation, sanitation and protection of the said enterprise.
The United Mexican States further grants in like manner to the United States in perpetuity, all islands within the limits of the zone above described

Article III

The United Mexican States 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 United Mexican States of any such sovereign rights, power or authority.

Article IV

As rights subsidiary to the above grants the United Mexican States grants in perpetuity, to the United States the right to use the rivers, streams, lakes and other bodies of water within its limits for navigation, the supply of water or waterpower or other purposes, so far as the use of said rivers, streams, lakes and bodies of water and the waters thereof may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal.

Article V

The United Mexican States grants to the United States in perpetuity, a monopoly for the construction, maintenance and operation of any system of communication by means of canal or railroad across its territory between the Caribbean Sea and the Pacific Ocean.

Article VI

The grants herein contained shall in no manner invalidate the titles or rights of private land holders or owners of private property in the said zone or in or to any of the lands or waters granted to the United States by the provisions of any Article of this treaty, nor shall they interfere with the rights of way over the public roads passing through the said zone or over any of the said lands or waters unless said rights of way or private rights shall conflict with rights herein granted to the United States in which case the rights of the United States shall be superior. All damages caused to the owners of private lands or private property of any kind by reason of the grants contained in this treaty or by reason of the operations of the United States, its agents or employees, or by reason of the construction, maintenance, operation, sanitation and protection of the said Canal or of the works of sanitation and protection herein provided for, shall be appraised and settled by a joint Commission appointed by the Governments of the United States and the United Mexican States, whose decisions as to such damages shall be final and whose awards as to such damages shall be paid solely by the United States. No part of the work on said Canal or the Mexico railroad or on any auxiliary works relating thereto and authorized by the terms of this treaty shall be prevented, delayed or impeded by or pending such proceedings to ascertain such damages. The appraisal of said private lands and private property and the assessment of damages to them shall be based upon their value before the date of this convention.

Article VII

The United Mexican States grants to the United States within the limits of the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz and their adjacent harbors and within the territory adjacent thereto the right to acquire by purchase or by the exercise of the right of eminent domain, any lands, buildings, water rights or other properties necessary and convenient for the construction, maintenance, operation and protection of the Canal and of any works of sanitation, such as the collection and disposition of sewage and the distribution of water in the said cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz, which, in the discretion of the United States may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal and railroad. All such works of sanitation, collection and disposition of sewage and distribution of water in the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz shall be made at the expense of the United States, and the Government of the United States, its agents or nominees shall be authorized to impose and collect water rates and sewage rates which shall be sufficient to provide for the payment of interest and the amortization of the principal of the cost of said works within a period of fifty years and upon the expiration of said term of fifty years the system of sewers and water works shall revert to and become the properties of the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz respectively, and the use of the water shall be free to the inhabitants of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz, except to the extent that water rates may be necessary for the operation and maintenance of said system of sewers and water.
The United Mexican States agrees that the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz shall comply in perpetuity, with the sanitary ordinances whether of a preventive or curative character prescribed by the United States and in case the Government of Mexico is unable or fails in its duty to enforce this compliance by the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz with the sanitary ordinances of the United States the United Mexican States grants to the United States the right and authority to enforce the same.
The same right and authority are granted to the United States for the maintenance of public order in the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz and the territories and harbors adjacent thereto in case the United Mexican States should not be, in the judgment of the United States, able to maintain such order.

Article VIII

The United Mexican States grants to the United States all rights which it now has or hereafter may acquire to the property of the New Mexican Canal Company and the Mexico Railroad Company as a result of the transfer of sovereignty to the United Mexican States over the Isthmus of Tehuantepec and authorizes the New Mexican Canal Company to sell and transfer to the United States its rights, privileges, properties and concessions as well as the Mexico Railroad and all the shares or part of the shares of that company; but the public lands situated outside of the zone described in Article II of this treaty now included in the concessions of both said enterprises and not required in the construction or operation of the Canal shall revert to the United Mexican States except any property now owned by or in the possession of said companies within Coatzacoalcos, Minatitla, Tehuantepec or Salina Cruz or the ports or terminals thereof.

Article IX

The United States agrees that the ports at either entrance of the Canal and the waters thereof, and the United Mexican States agrees that the towns of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz shall be free for all time so that there shall not be imposed or collected custom house tolls, tonnage, anchorage, lighthouse, wharf, pilot, or quarantine dues or any other charges or taxes of any kind upon any vessel using or passing through the Canal or belonging to or employed by the United States, directly or indirectly, in connection with the construction, maintenance, operation, sanitation and protection of the main Canal, or auxiliary works, or upon the cargo, officers, crew, or passengers of any such vessels, except such tolls and charges as may be imposed by the United States for the use of the Canal and other works, and except tolls and charges imposed by the United Mexican States upon merchandise destined to be introduced for the consumption of the rest of the United Mexican States, and upon vessels touching at the ports of Colon and Mexico and which do not cross the Canal.
The Government of the United Mexican States shall have the right to establish in such ports and in the towns of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz such houses and guards as it may deem necessary to collect duties on importations destined to other portions of Mexico and to prevent contraband trade. The United States shall have the right to make use of the towns and harbors of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz as places of anchorage, and for making repairs, for loading, unloading, depositing, or transshipping cargoes either in transit or destined for the service of the Canal and for other works pertaining to the Canal.

Article X

The United Mexican States agrees that there shall not be imposed any taxes, national, municipal, departmental, or of any other class, upon the Canal, the railways and auxiliary works, tugs and other vessels employed in the service of the Canal, store houses, work shops, offices, quarters for laborers, factories of all kinds, warehouses, wharves, machinery and other works, property, and effects appertaining to the Canal or railroad and auxiliary works, or their officers or employees, situated within the cities of Coatzacoalcos, Minatitla, Tehuantepec and Salina Cruz, and that there shall not be imposed contributions or charges of a personal character of any kind upon officers, employees, laborers, and other individuals in the service of the Canal and railroad and auxiliary works.

Article XI

The United States agrees that the official dispatches of the Government of the United Mexican States shall be transmitted over any telegraph and telephone lines established for canal purposes and used for public and private business at rates not higher than those required from officials in the service of the United States.

Article XII

The Government of the United Mexican States shall permit the immigration and free access to the lands and workshops of the Canal and its auxiliary works of all employees and workmen of whatever nationality under contract to work upon or seeking employment upon or in any wise connected with the said Canal and its auxiliary works, with their respective families, and all such persons shall be free and exempt from the military service of the United Mexican States.

Article XIII

The United States may import at any time into the said zone and auxiliary lands, free of custom duties, imposts, taxes, or other charges, and without any restrictions, any and all vessels, dredges, engines, cars, machinery, tools, explosives, materials, supplies, and other articles necessary and convenient in the construction, maintenance, operation, sanitation and protection of the Canal and auxiliary works, and all provisions, medicines, clothing, supplies, and other things necessary and convenient for the officers, employees, workmen and laborers in the service and employ of the United States and for their families. If any such articles are disposed of for use outside of the zone and auxiliary lands granted to the United States and within the territory of the Republic, they shall be subject to the same import or other duties as like articles imported under the laws of the United Mexican States.

Article XIV

As the price or compensation for the rights, powers and privileges granted in this convention by the United Mexican States to the United States, the Government of the United States agrees to pay to the United Mexican States the sum of ten million dollars ($10,000,000) in gold coin of the United States on the exchange of the ratification of this convention and also an annual payment during the life of this convention of two hundred and fifty thousand dollars ($250,000) in like gold coin, beginning nine years after the date aforesaid.
The provisions of this Article shall be in addition to all other benefits assured to the United Mexican States under this convention.
But no delay or difference of opinion under this Article or any other provisions of this treaty shall affect or interrupt the full operation and effect of this convention in all other respects. 25

Article XV

The joint commission referred to in Article VI shall be established as follows:
The President of the United States shall nominate two persons and the President of the United Mexican States shall nominate two persons and they shall proceed to a decision; but in case of disagreement of the Commission (by reason of their being equally divided in conclusion), an umpire shall be appointed by the two Governments who shall render the decision. In the event of the death, absence, or incapacity of a Commissioner or Umpire, or of his omitting, declining or ceasing to act, his place shall be filled by the appointment of another person in the manner above indicated. All decisions by a majority of the Commission or by the umpire shall be final.

Article XVI

The two Governments shall make adequate provision by future agreement for the pursuit, capture, imprisonment, detention and delivery within said zone and auxiliary lands to the authorities of the United Mexican States of persons charged with the commitment of crimes, felonies, or misdemeanors without said zone and for the pursuit, capture, imprisonment, detention and delivery without said zone to the authorities of the United States of persons charged with the commitment of crimes, felonies and misdemeanors within said zone and auxiliary lands.

Article XVII

The United Mexican States grants to the United States the use of all the ports of the United Mexican States open to commerce as places of refuge for any vessels employed in the Canal enterprise, and for all vessels passing or bound to pass through the Canal which may be in distress and be driven to seek refuge in said ports. Such vessels shall be exempt from anchorage and tonnage dues on the part of the United Mexican States.

Article XVIII

The Canal, when constructed, and the entrances thereto shall be neutral in perpetuity, and shall be opened upon the terms provided for by Section I of Article three of, and in conformity with all the stipulations of, the treaty entered into by the Governments of the United States and Great Britain on November 18, 1901.

Article XIX

The Signatory Powers shall have the right to transport over the Canal, its vessels and its troops and munitions of war in such vessels at all times without paying charges of any kind. The exemption is to be extended to the auxiliary railway for the transportation of persons in the service of the United Mexican States, or of the police force charged with the preservation of public order outside of said zone, as well as to their baggage, munitions of war and supplies.

Article XX

If by virtue of any existing treaty in relation to the territory of the Isthmus of Tehuantepec, whereof the obligations shall descend or be assumed by the United Mexican States, there may be any privilege or concession in favor of the Government or the citizens and subjects of a third power relative to an interoceanic means of communication which in any of its terms may be incompatible with the terms of the present convention, the United Mexican States agrees to cancel or modify such treaty in due form, for which purpose it shall give to the said third power the requisite notification within the term of four months from the date of the present convention, and in case the existing treaty contains no clause permitting its modifications or annulment, the United Mexican States agrees to procure its modification or annulment in such form that there shall not exist any conflict with the stipulations of the present convention.

Article XXI

The rights and privileges granted by the United Mexican States to the United States in the preceding Articles are understood to be free of all anterior debts, liens, trusts, or liabilities, or concessions or privileges to other Governments, corporations, syndicates or individuals, and consequently, if there should arise any claims on account of the present concessions and privileges or otherwise, the claimants shall resort to the Government of the United Mexican States, and no to the United States for any indemnity or compromise which may be required.

Article XXII

If it should become necessary at any time to employ armed forces for the safety or protection of the Canal, or of the ships that make use of the same, or the railways and auxiliary works, the United States shall have the right, at all times and in its discretion, to use its police and its land and naval forces or to establish fortifications for these purposes.

Article XXIV

No change either in the Government or in the laws and treaties of the United Mexican States shall, without the consent of the United States, affect any right of the United States under the present convention, or under any treaty stipulation between the two countries that now exists or may hereafter exist touching the subject matter of this convention.
If the United Mexican States shall hereafter enter as a constituent into any other Government or into any union or confederation of states, so as to merge her sovereignty or independence in such Government, union or confederation, the rights of the United States under this convention shall not be in any respect lessened or impaired.

Article XXV

For the better performance of the engagements of this convention and to the end of the efficient protection of the Canal and the preservation of its neutrality, the Government of the United Mexican States will sell or lease to the United States lands adequate and necessary for the army or air force stations at certain points adjoining the Canal Zone described in Article II, to be agreed upon with the President of the United States.

Article XXV

This convention when signed by the Plenipotentiaries of the Contracting Parties shall be ratified by the respective Governments and the ratifications shall be exchanged at Washington at the earliest date possible.
If faith whereof the respective Plenipotentiaries have signed the present convention in duplicate and have hereunto affixed their respective seals.
Done at the City of Washington, the 10th day of October in the year of our Lord, nineteen hundred and twenty eight.

Frank B. Kellogg. [seal.]
E. Portes Gil [seal.]
And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the twenty-sixth day of February, one thousand nine hundred and twenty eight.
Now, therefore, be it known that I, Calvin Coolidge, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the City of Washington, this twenty-sixth day of February, in the year of our Lord one thousand nine hundred and twenty eight, and of the Independence of the United States the one hundred and fifty-two. [seal]

Calvin Coolidge.

By the President:
Frank B. Kellogg,
Secretary of State.