The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-09
Marroquin and Article 1911.

VIII the Colombian Congress, either al
. special session before July or at the
regular session in July, formally confirm
the Canal treaty which President MAR
RooU1E's Government has negotiated
with the United States, and our Senate
has already ratified?
1t il foolish to try to answer this ques-
ton in advance. 1t is absurd to consider
the Situation and prospects at Bogota as
If the heart of that republic were as far
from equatorial heats as New York, Lon
don, Berlin or Paris. The national sys-
tenn passes easily. readily and frequently
to ana fro between really Constitu-
tional basis and substantial dictator.
ship, or Government consisting Of the
strong man of the time being. The
agent of transition 10 this extremely
elastic provision of the Colombian Con-
stitution:
AZ 90. ".R71eLr cxx,.
s,Ih tase OF foreign war or OF civil comm oliou the
PrssIdAAt may, after consultation with the Council
OF state and with the written consent Of all the
Ministers. declare the public order 10 be dstufbed
and she whole OF part OF the Republic In ASsass Of
sisse
"Aftst such declaration the President shall be
Invested with the powers which the laws confer
upon hin, 10 defend the rights Of the nation or to
suDpfeos disturbance and, 10 case the laws ate d.
feclivA be shall use the powers conferred upon him
by TIA laws OF nations.
The extraordinary means or legislative deerces
OF provisional character which. within the said
hnii,s the President may ordaia. shall obligatory.
provided they bear the sisns,urcy OF all the
Ministers.
tf6s scovernment shall declare the public order
reAtAhnshed As soop as tho commot,on or foreign
danger shall have ceased: and the President shall
se6d to Congress statement OF the reasons that
induced his measures. All oficem shall be rsspon.
hbie for the abuses which may have beer committed
In the exercise Of extraordinary powers"
= We. publish in full the translation of
Article l2l. because that extraordinary
provision of tho Colombian organic law
is now mentioned with significant fire.
qnency in the dispatches from Washing
ton, While its exact text is perhaps little
known in this country.
Chaotic and vague, and capable Of
many different constructions or mis-
constructions? Perhaps so, but that is
not Particularly the business of the
United States
The Administration at Bogota is the
sole judge Of the time when Article l2l
goes into effect. All that is needed is a
civil commotion," and of what con-
stitlites a civil commotion the Admins
tration again has the last say. Civil
connections produce themselves in that
quarter with about as little provocation
a. makes water boil and bubble In vacu-
UNI. A great public question involving q
clash between the selfish, mercenary or
fanatical desires Of the remote Andean
districts and the direct, invincible inter-
eats OF the Panama country is likely to
produce more or less Of civil cotnmotion
in the republic as whole.
That, again. is not the affair of the
United States.
A strict Constitutional constructionist
in other ATTITUDES might e1pend serious
thought on the question whether the pro-
visional power conferred by Article l2l
upon the Dictator-P President goes 40 far
IA to cover a transaction like the leois.
lative confirmation OF the Canal treaty,
involving a permanent international
obligation.
The question is Of abstract interest
only. Practice and precedent in Co
lombia have determined that the power
does thus extend. Why, even the con-
cession and contract of April %, 1900.
recognizing the New Panama Canal
Company and constituting an important
part OF the title which we acquire by
purchase from the French owners, was
granted by Executive decree only under I
the mysterious and elastic powers be-
slowed by this same Article 1911.