The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-26
NOT A CASE FOR ARBITRATION.

NOT A CASE FOR ARBITRATION.
1t is said that General Reyes. the Colon
bian minister. in his forthcoming note to the
State Department. will suggest The Hague
tribunal as the proper place for the settle
ment OF the isthmian problem At first
glance this seems like reasonable sugges-
ton. but in reality il is nothing but law
yer's trick to put the United States appar-
emily in the wrong by declining to accept the
Intervention of international tribunal
created for the purpose of peaceably set
Ting disputes that may lead to war One
of the first things General Reyes did after
reaching Washington was to employ law
yer to assist him in preparing and formu-
lating his case, and doubt the idea of
suggesting that it be referred to The Hague
tribunal originated with the lawyer.
The case is not proper one for reference
TO The Hague tribunal, and, as far as the
United States is concerned, the suggestion
is impertinent 1t is worth remarking. by
the way, that Colombia was one of the
South American states that did not take
enough interest In The Hague conference to
send delegates, ana though she afterwards
subscribed to tie treaty creating the trib-
unal, she has not shown any disposition to
recognize 1t until now. There has been
sporadic war between Colombia and Ven
ezuela for some time without any attempt
to invoke the services of The Hague trib-
unal for the settlement of the disputes be-
tween them. 1t was not until the Colombian
government thought it saw an opportunity Of
convicting the United States of inconsist-
ency, or, in vulgar phrase, of putting 1t
in a hole" By refusing to accept arbitration
by a dsinterested tribunal, that Colombia,
or her lawyer, proposed the reference
In the present case there is no dispute be-
tween the United States and Colombia that
could properly be submitted to The Hague
tribunal. If Colombia wants to submit to
the tribunal the question Of her sovereignty
over Panama, that is a question. between
her and Panama, and they are the powers
to submit it. Under the agreement creating
the tribunal the parties to dispute are the
| only ones that can submit 1t for arbitration.
| If Colombia should request Panama to join
with her ia submitting the dispute between
| them she would thereby recognize the ex-
| istence of Panama as an independent power.
Besides, what could they submit for arbi-
tration except the questions whether the
whether a revolution once accomplished and
| the independence Of the new state once
| recognized by several powers they can be
| undone and the status quo restored by The
Hague tribunal? The tribunal was not
created for any such purpose, and would
| doubtless refuse to take jurisdiction of a
case involving only abstract questions.
Again, suppose the United States should
! consent to submit the case to arbitration
what could it submit? This government is
not making any claim to sovereignty over
| Panama. and has no authority to submit
| Panama's rights to arbitration. 1t has nc
controversy with Colombia at present, and
will not have unless Colombia shall invade
! Panama and thereby compel the United
States to intervene for the protection of the
new republic. If the United States should
consent to submit the case to The Hague
4 tTlDunel the idtter might say that the cast
is closed as far as the United States is
concerned by the recognition of Panamaiar
| independence, and cannot be reopened
Further. the other powers that have recog
nized the independence of Panama, as Rus
STA, Germany. France and Cuba, might ash
! the United States what she meant by sub
hitting the question of Panamaian indie
pendence to arbitration after she had no
only recognized 1T herself, but led them t.
do so.
The truth is there is nothing to be arbi
trated between Colombia and Panama ex
cept. perhaps. the question of Panama as
Stunning part Of the Colombian debt TIL,
United States has nothing to do with tha
question, but would probably use its gooC
offices to have the matter arbitrated 4
Colombia and Panama should join in asking
| her to do so. For the rest, and especial!
as far as the independence of Panama 4
concerned and its recognition by the Unite,
States, the incident is closed, and there Il
| nothing to arbitrate