The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-23
The secret Treaty Between Chill and
Colombia.

The secret compaCts between Chill
and Colombia, which We're first made
known TO the world through THE Sun
on Sunday, have naturally excited a
great deal of attention, not only in WASH
ington, but all over the United States
As to the treaty concluded Sept 20, lGaki
whereby the parties rcciproCally cove
nantcd to admit the natural products
of each other free of duty into their
Pacific ports. il remains to be seen
whether all foreign Powers that have
treaties with the parties containing
the most characterization clause will
not demand similar privileges. II j.
the supplementary treaty, signed AZ
Bogota on Jan. II. 1902. when il was
known that the Panama route was pre-
ferrcd by our canal commission and
that the choice of that route would
probably be authorized by Congress,
which seems, at the present time, TO
require special notice at the hands Of
thoughtful and far-sighted citizens.
BY the supplementary treaty, which.
a. its terms show. was TO be sedulouslv
withheld from the knowledge of our
State Depart ment, the Government of
Colombia agrees to allow the free pas
sage at any time across the Panama
lsthmus Of all war material Whatsoever
belonging to the Government of Chill
the latter Power, on its part, engaging
TO prevent, a. far as possible, any diff
CultleS that might arise for Colombia
from the use by Chill of tho facilities
for transportation granted. That il to
say, if Chilli should become involved in
war with Argentina or Brazil, Colombia
agrees II permit the transported ION
across the Isthmus of war materials
destined for the tirst-named Power,
and if. as certainly would be the case,
Chili's antagonist should attempt to
obstruct such transit, Chill binds her
self to assist Colombia in avcrting such
obstruction. II is manifest that. under
such an agreement, if we permitted it
to stand, Gillian troops might, and
doubtless would, in certain cont ingen-
cies occupy the lsthmuS of Panama.
This treaty is clearly inCompat ible
with the treaty of 1916 concluded be-
tween the United States and New Ora
, NADIA whereby We guaranteed freedom
of transit across the Isthmus. SO long
as the last-named treaty remains opera
tive, AZ it is to-day, the Bogota Govern
mont has no right to delegate to any OF her
nation the powers and duties OF guar
dianship which it has already granted
10 us, and which We have accepted and
exercised. Two guarantors on the Isth-
mus would be like the cats of Kilkenny
one cat too many,
According to our construction Of the
treaty of 1916, we alone possess the power
of deciding whether under given condi-
tiDns, the transportation of war material
is or is not likely To expose the covcnantcd
freedom Of transit to obstruction. Act
INK upon that construction of the treaty.
we have gone so far as tn forbid the
Colombian Government itself to trans
port material of war across tho Isthmus,
lost such transportation should expose
the Panama Railroad TO attacks from
Colombian rcvolutoni~ts. We Ger
tainly should permit no other Power to
decide IN our place and stead whether
or no the transportation Of material
Of war destined fer chill would expose
the Panama Railroad 10 attack from tho
military and naval forces Of Argentina
| or Rrazil,
~ much for tho bearing of the treaty
OF lS46 on the secret treaty concluded
between Chilli and Colombia on Jan. ~.
1872 The two Instruments are plainly
Inconsistent. They cannot cocxist and
IT will, therefore, be the duty Of our