The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-07
Secretary If state Hay, i'm Behalf OF
the Administration, Makes n
Long Explanation.
DUTY OF THE UNITED STATES
THIS NATION BOUND BY TREATY TO
PROTECT THE IsTHMUs.
Action of the President in Accord
with the Principles Of Justice
and Equity.

WASHINGTON, Nov. 6.-The secretary Of
state made to-day the following statement
in regard to affairs on the Isthmus of
Panama:
The action of the President in the Pan
anna matter is not only In the s~trictest ac-
cordance with the principles Of justice and
equity and in line with all the best pre-
eedents Of our public policy, but 1t was the
only course he could have taken in COM
pliance with our treaty rights and obliga-
tons. BY our treaty. entered into with
New Granada in the year 1876. New Granada
guarantees that The rights Of way or tran
sit across the Isthmus OF Panama upon any
modes OF communication that now exist or
that may be hereafter constructed shall be
free and open to the government and citi-
zens Of the United States
This is a right which we acquired by
the treaty. not gratuitously conferred. but
In return for an important compensation,
Tor In the same article the government of
the United States guarantees positively
and efacaciously to New Granada by the
present stipulation the perfect neutrality of
the before mentioned isthmus with the view
that the free transit from the one to the
other may not be interrupted or embar-
raised in any future time, while this treaty
exists; and in consequence the United States
guarantees in the manner the rights of
sovereignty and property which New
Granada has and possesses over the said
territory
PRESIDENT POLK'S MESSAGE.
The close connection thus created be-
tween the two governments was well set
forth by President Polk IN his message
transmitting the treaty to the Senate. He
said: The importance OF the concession TO
the commercial and political interests of
the United States cannot be overrated. The
route by the Isthmus OF Panama is the
shortest between the two oceans, and from
the herewith communicated it
would seem to be the most practicable for
a railroad or canal. The vast advantages
TO our m which would result from
sucn q communication not only with the
west coast OF America, but with Asia and
the Islands OF the Pacific, are too obvious
to require another detail. Such a passage
would save us from a long and dangerous
navigation OF more than 1900 miles around
the Horn and render our communication
with our own possessions on the Northwest
coast or American comparatively easy and
SPEEDY. The treaty does not propose TO
guarantee a treaty to a foreign nation In
which the United States will have no com
mon interest with that nation. On the con-
trary. We are more deeply and directly in
terested in the subject Of the guarantee
than New Granada herself or any other
country
lures OF which were at once recognized so
long ago. have become more and more i'm
portant In every year that has elapsed since
the treaty was written. Our acquisition of
hawaii and the PHILIPPINES has given them a
greatly enhanced validity. The control in
the interest of the and traffic of
the whole civilized world of the means of
undlsturped transit across the Isthmus of
Panama has become of transcendent impor-
lance TO the United States.
TREAT w ENFORCED.
THE right to this control we have never
forfeited by any laxity OF our own either
in the assertion OF our rights or in the per-
formance OF our DUTY under the treaty. In
1875 Mr.. Everett assured the Peruvian min
lister that We should not hesitate to main
tain the neutrality of the isthmus i'm the
case or war between Peru and Colombia.
In 1864 Colombia, which has always been
vigilant to avail itself OF its privilege con-
ferred by the treaty, expressed it's expec-
tation that in the event OF war between
Peru and Spain. the United States would
carry into effect the guarantee OF neutral
fty. There have been few administrations
OF the State Department In which this
treaty has not, either by the one side or the
other. been used as a basis OF more or less
important demands. 1t was said by Mr..
Fish In 1Sn that the Department of State
mad reason to believe that an attack upon
sovereignty on the isthmus had
on several occasions been averted by warn
ms from this government. In 1886. when
Colombia was under the menace OF HOSTILE
Ties from Italy In the Cerruti case, Mr..
Bayard expressed the serious concern that
the United States could not but feel that
a european power should resort to force
against a sister republic OF this hemisphere
as TO the sovereign and uninterrupted use
or a part OF whose territory We are guar
antors under the solemn faith OF a treaty.
Inc United States has not only con-
stantly protected Colombia from foreign
invasion on the strength of the rights and
the duties created by the treaty OF 1876. but
mas time and again interviewed to preserve
the freedom OF traffic from disturbance in
the course OF domestic dissensions. In these
cases We have interviewed sometimes at the
suggestion or Colombia, sometimes on our
own impression Of the necessities of the
case. but always TO the profit of Colombia
as well as OF universal commerce.. The
position or the United States was clearly
set forth by Mr.. Seward In these words:
The United States have taken and will
take no interest in any question OF internal
revolution IN the State Of Panama or any
state or the United States OF Colombia. but
WIN maintain a perfect neutrality in regard
70 such domestic controversies. The United
states Will. nevertheless, hold themselves
Isany 10 protect the transit trade across
the tsthmus against invasion of either do
nestle or foreign. disturbers of the neace
OF the State OF Panama.
TREATY VALID.
There has never been any doubt of the
validity Of the treaty Of 1916 to guarantee
free and open transit either for American
citizens or for the government OF the United
States. We have used the isthmus for the
transit of troops and OF fugitives from JUS
tice and a protocol was signed at Bogota
on the I'D Of February. 1879.
Ing this right of transit for troops and ex-
tradited fugitives belonging TO the United
States. a right. as is declared In the pro-
toccl,- which Is established In compensa-
ton for the guarantee of the Sovereignty
and property OF the isthmus, to which the
same government is bound.
1T must not be lost sight OF that this
treaty Is not dependent for its efficiency on
the personnel OF the signers or the name
or the territory IL affects. IL Is a covenant.
as lawyers say. that runs with the land.
The name OF New Granada has passed
away; its territory has been divided. But
as long as the isthmus endures the great
biographies facts keep alive the solemn
compact which binds the holders OF the
territory TO grant US freedom OF transit and
binds US In return TO safeguard for the 18th
mus and the world the exercise OF that in
estimable privilege.
1T Is therefore too clear for discussion
that when. at the repeated solicitation of
the government OF Colombia. a treaty was
entered into between that eoyQrnmapf apd