The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-08


bore on the map. The purpose of the
aw was to authorize the President to
make treaty with the power in actual
| control of the Isthmus of Panama. This
purpose has been fulfilled.
REVIEW OF RELATIONS OF UNITED
STATES GOVERNMENT TO MAT
TER OF TRANSIT ACROSS
ISTHMUS OF PAN
ANA.
In the year 1916 this government
entered into a treaty with New Granada,
| he predecessor upon the Isthmus of the
Republic of Colombia and of the present
Republic of Panama, by which treaty
was provided that the government and
| itizens of the United States should al
| ways have free and open right of way o.
| ransit across the Isthmus of Panama By
| ny modes of communication that might
&c constructed, while in return our gov
rnment guaranteed the perfect neutrality
of the aforementioned Isthmus with the
view that the free transit from the one
| o the other sea might not be interrupted
r embarrassed. The treaty vested in the
United States a substantial property
right carved out Of the rights Of sover-
signty and property which New Granada
| then had and possessed over the SAID ter
iritory. The name of New Granada has
tpassed away and its territory has been
divided. It's successor, the government
Colombia has ceased to own any prop
| erty in the 1sthmus. A.. new republic.
, that of Panama, which was at enc time
} 4 sovereign state, and at another time
mere department Of the successive con-
ederations known as New Granada and
| Cr11- 10
which first one and then the ether form
erly exercised over the Isthmus. But as
! ong as the Isthmus endures, the mere
Geographical fact of its existence, and the
ocular interest therein which binds the
holders of the territory to respect our
right to freedom of transit across it.
binds US in return to safeguard for the
Tsthmus and the world the exercise of that
nestimable privilege. The true interpre-
tation Of the obligations upon which the
United States entered in this treaty Of
| 1916 has been given repeatedly in the
ltterances of Presidents and Secretaries
of State. Secretary Cass in 1858 officially
stated the position of this government a
follows:
"The progress of events has rendered
he nteroceanic route across the narrow
cortion of Central America vastly impor-
ant to the commercial world. and es-
recially to the United States whose pos
essions extend along the Atlantic and
Pacific coasts, and demand the speedies
md easiest modes of communication.
While the rights of sovereignty of the
states occupying this region should always
De respected, we shall expect that these
rights be exercised in a spirit befittng
| the occasion and the wants and circum
stances that have arisen. Sovereignty has
is duties as well as its rights, and none
cf these local governments, even if ad-
miristered with more regard to the just
Demands of other nations than they have
been, would be permitted, in a spirit Of
eastern isolation, to close the gates of
intercourse on the great highways of the
world, and justify the act by the preten-
! ion that these a e ues Of trade and trave!
belong to them and that they choose to
shut them, or. what ia almost equivalent.
to cucumber them with such unjust re-
lations as would prevent their general
use"
Seven years later, in 1855, Mr. Seward
N different communications took the fol
| lowing position:
"The United States have taken and viii
take no interest in any question OF IN
ternal revolution in the State of Panama
or any state of the United States of Co
lombia, but will maintain a perfect neu-
trality in connection with such domestic
alterations. The United States will,
nevertheless, hold themselves ready to
protect the transit trade across the Is
thmus against invasion of either domestic
or foreign disturbers of the peace of the
State of Panama Neither the text
nor the spirit of the stipulation in that
article by which the United States engages
to preserve the neutrality of the Isthmus
| of Panama, imposes an obligation on this
government to comply with the requisi-
tion( of the President of the United
States of Colombia for force to protect
the Isthmus of Panama from body of
insurgents of that country.) The pur-
pose of the stipulation was to guarantee
the Isthmus against seizure or invasion
| by foreign power only
Attorney General Speed, under date Of
November 7, 1865, advised Secretary Sc
ward as follows:
From this treaty it cannot be supposed
| that New Granada invited the United
States to become a party to the intestine
troubles of that government, nor did the
! United States become bound to take sides
| IN the domestic brollS OF New GRANADA.
The United States did guarantee New
Granada in the sovereignty and property
over the territory This was as against
other and foreign governments"
For four hundred years. ever rlnce
shortly after the discovery of this hem
| isphere, the canal across the Isthmus has
been planned. For two score years it has
been worked at. When made it is to last
for the ages. 1t is to alter the geography
of a continent and the trade routes OF
the world. We have shown by every
treaty we have negotiated or attempted
to negotiate with the peoples in control
of the Isthmus and with foreign nations
in reference thereto our consistent good
faith in observing our obligations;
on the one hand to the peoples
of the Isthmus, and on the other hand
to the civilized world whose commercial
rights we are safeguarding and guaran-
teeing by our action. We have done our
duty to others in letter and in spirit, and
we have shown the utmost forbearance In
exacting our own rights.
REPUTATION OF TREATY BY CO.
LOMBIA.