Arizona republican., 1903-12-08
lsthmian Canal.


gres authorized the president to enter
into treaty with Colombia for the
building OF the canal across the 18TH
mus OF Panama; it being provided that
in the event of failure to secure such
treaty after the lapse of a reasonable
time, recourse should be had to build
ing a canal through Nicaragua. It
has not been necessary to consider this
alternative. l am enabled to lay before
the senate treaty providing for the
building of the canal across the 18TH
mus of Panama. This was the route
which commended itself to the deliber-
ate judgment of the congress, and we
can now acquire by treaty the right 10
construct the canal over this route
The question now. therefore. is not nv
which route tho isthmian canal shall
be built, for that question has been
definitely and irrevocably decided. The
question is simply whether or not we
shall have an isthmian canal.
When the congress directed that we
should take the Panama route under
treaty with Colombia, the essence Of
the condition, OF course. referred not
to the government which controlled
that route. but to the route itself; to
the territory across which the route
| Law. not TO the name which for the
moment the territory bore on the map.
| The purpose OF the law was to author
1 iZe the president to make a treaty with
| the power in actual control OF the
! isthmus of Panama. This purpose has
| been fulfilled.
In the year 1916 this government en-
tered into a treaty with New Granada.
the predecessor upon the isthmus of
the republic OF Colombia and Of tho
present republic of Panama. nv which
| treaty il was provided that the gov
eminent and citizens of the United
States should ALWAYS have free and
open right of away or transit across
the isthmus of Panama bv any modes
of communication that might be con-
| structed. while in return our govern
ment guaranteed the perfect neutral
| itY OF the above mentioned isthmus
with the view that the free transit
from the one to the other sea might
not be interrupted or embarrassed. The
treaty vested in the United States a
substantial property right carved out
of the rights OF sovereignty and prop
erty which New Granda then mad and
possessed over the said territory. The
name OF New Granda has passed away
and it's territory has been divided. Its
successor. the government of Colom-
bia, has ceased to own any property
| in the isthmus. A new republic. that
| of Panama which was at one time a
sovereign state and at another time a
mere department of the successive
considerations known as New Granada
/ and Colombia. has now succeeded To
rights which first one and then the
other formerly exercised over the
isthmus. But as long as the isthmus
endures. the mere geographical fact Of
its existence. and the peculiar interest
therein which is required by our posi-
ton, perpetuate the solemn contract
which binds the holder of the territory
TO respect our right to freedom OF
transit across il and binds us in Sc
turn to safeguard for the isthmus and
the world the exercise of that inestim-
able privilege. The true interpreta-
ton Of the obligations upon which
the United States entered in this
treaty of 1876 has been given repeat
eddy in the utterances of presidents
and secretaries of state. Secretary
Cass in 1858 officially stated the posi-
ton of this government as follows:
The progress of events has render
ed the interoceanic route across the
narrow portion of Central America
vastly important to the commercial
world, and especially to the United
States. whose possessions extend along
the Atlantic and Pacific coasts, ami
demand the speediest and easiest
modes of communication. While the
rights of sovereignty of the states oc-
cupying this region should always be
respected. we shall expect that these
rights be exercised in a spirit oefittilS
no oio N and cir
cumstances that have arisen. Sow
ereignty has it's duties as well as its
rights, and none of these local govern
ments, even if administered with more
regard to the just demands of othp-
nations than they have been, would
be permitted, In a spirit of eastern
isolation, to close the gates of inter-
course on the great highways of the
world, and justify the act by the PR"
tension that these avenues. of trade
and travel belong to them and that
they choose to shut them, or, what Is
almost equivalent, to cucumber them
with such unjust relations AS would
prevent their general USE
Seven years later. in 1865, Mr.. Sc
ward in different communications took
the following position:
will take no interest in any question
of internal revolution in the state OF
Panama. or any state of the United
States of Colombia, but will maintain
a perfect neutrality in connection with
such domestic alterations. The Uni
ted States WILL nevertheless, hold
themselves ready to protect the transit
trade across the isthmus against In
vasion of either domestic or foreign
disturbers of the peace of the state of
Panama. Neither the text nor
the spirit of the stipulation i'll that
article by which the United Staes en-
cages to preserve the neutrality of the
isthmus of Panama, imposes an obliga-
ton on this government to compl!
with the requisition (of the presiden;
of the United States of Colombia for
a force to protect the isthmus of Pana-
ma from a body of insurgents of that
country,) The purpose of the stiDula
ton was to guarantee the isthmus
against seizure or invasion by a for
eign power only
Attorney General Speed, under date