The Montgomery advertiser., 1903-12-08

 now acquire by treaty the right to con struct the canal over this route. The question now: therefore. is not by which for that question has been definitely and irrevocably decided The question is sim- ply whether or not we shall have an lsth-
 When the Congress directed that we should take the Panama route under treaty with Colombia, the essence of the condition, offcourse, referred not to the government which controlled that route. across which the route lay, not to the name which for the moment the territory pore on the map. The purpose of the law was to authorize the President to control of the Isthmus of Panama. This purpose has been fulfilled.
 Review of Relations of United States
 Government to Matter of Transit
 Across 1sthmus = Panama
 Tn the year 1S46 this government entered Into treaty with New Granada. the pre- of Colombia and of the present repubiic oi Panama, by which treaty it was pro- vloed that the government and citizens or the United States should always have across the Isthmus of Panama by any modes of communication that might be constructed. while in return our govern ment guaranteed the perfect neutrality of
 
 view that the Eree 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 property which New Granada then had and possessed over the said territory. The name . New Granada has passed sway 9t and iis territory has been divided. bia. has ceased to own any property in the fsthmus. A new republic that of panama; which was at one time a SOW ereign State. and at another time a mere department of the successive confedera- tions known as New Granada and Colom- pia mas now succeeded to the rights which first one and then the other formerly ex- ercised over the isthmus. But as long as the isthmus endures, the mere geo. graphical fact of it's existenoe. and the peculiar interest therein which is required oy our position; perpetuate the solemn territory to respect our right to. freedom Of transit across 1t, and binds us in re- turn to safeguard for the isthmus and tne tI, world the exercise of that inestima- ble privilege. The true interpretation of tne obligations upon which the United States entered fin this treaty of 1s46 has been given repeatedly in the utterances Secretary Cass in 1858 officially stated inc position of this government as follows:
 Ine progress of events has rendered Ine interoceanic route across the narrow ~ Ok SCiitt di AmcT1Ca VaSIlY lYnDOrt- ant to the commercial world. and esne- cially to the United States. whose pos-es- sions extend along the Atlantic and Pa- ems coasts. and demand the spee1iest While the rights of sovereignty of the states occupying this region should al- ways be respected we shall expect that these rights be exercised in spirit be- circumstances that have arisen. Sover- eighty has its duties as well as it's rights. and none of these local governments even II administered with more regard to the Just demands Of other nations than they nave been, would be permitted in a spirit or Eastern isolation, to close the gates of intercourse on the great highways of the world and Justify the act by the preten- sion that these avenues of trade and travel belong to them and that they choose to shut them. or, what Is almost euuiva- lent to cucumber them with such unjust use.'
 Seven years later. in 1885, Mir. Seward in different communications took the fol- lowing position:
 The United States have taken and will take no interest in any question of inter- nal revolution in the State of Panama or any State of the United States of Colom- Dla, but Will maintain perfect neutral ity in connection with such domestic alter cations. The United States will, never theless, hold themselves ready to protect the transit trade across the isthmus dSdlnSL lnVaSlOn or either domestic or for eign 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 reuuisi- ton (of the President of the United States or Colombia for a force to protect the Isthmus of Panama from a body of in- surgents of that country) The purpose of the stipulation was to guarantee the isth- mus against seizure or invasion by for etgn power only'
 Attorney General Speed under date of November [ 1865, advised Secretary Se- ward as follows:
 From this treaty it can not be supposed mat New GraQada invited the United troubles of that government nor did the United States beconfe bound to take sides in the domestic broils of New Grana da The united States did guarantee New oyer the territory. Tn s was as against other and foreign governments"
 For four hundred years, ever since shortly after the discovery of this hemis- phere. the canal across the isthmus has been planned. For two score years 1t has been worked at. When made it Is to last Tor the ages. It 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 ne gotiate with the peoples in control of the lstnmus and with foreign nations in ref erence 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 safe guarding and guaranteeing by our action We have done our duty to others in letter and in spirit, and we have shown the ut most forbearance in exacting our own Repudiation of Treaty by Colombia.
 Last spring. under lse act above refer red to, treaty concluded between the representatives of the republic of Colom- bla and of our government was ratified by the Senate. This treaty was entered into at the urgent solicitation of the people of colombia and after a body of experts ap- pointed by our government especially to go into the matter of the routes across u. the Istnmus had pronounced unanimously Tn favor of the Panama route. Tn draw ing up this treaty every concession was mace Inaoe TO the people and to the govern- ment Of Colombia. We were more than Just in dealing with them. Our generosity was such as to make 1t a serious ouestion