The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-07

open right of way or transit across the
isthmus of Panama by any modes OF
communication that might be con-
strueted. while in return our govern
ment guaranteed the perfect neutrality
of the above mentioned iSthmuS with
the view that the free transit from the
one to the ether sea might not be IN
terrupted or embarrassed. The treaty
vested in the United States a substau-
tfal property right carved out of the
rights of sovereignty and property
which New Granada then had andspos-
sessed over the said territory. The
away and it's territory has been d.
vided. Its successor. the government
of Colombia. has ceased to own any
property in the isthmus. A new re-
public that of Panama. which was a
enc time a sovereign state. and at an
other time q mere department of the
successive considerations known as
New Granada and Colombia. has now
succeeded to the rights which first one
and then the other formerly exercised
over the isthInus. But as long as the
lsthmus endures, the mere geographical
1act of its existence, and the peculiar
interest therein which is required by
Our position, perpetuate the solemn
contract which binds the holders of the
territory to respect our right to free
com of transit across it, and binds us
n return to safeguard for the isthmus
and the world the exercise of that in
estImable privilege. The true interpre-
tation of the obligations upon which
the United States entered in this treaty
OF 1886 has been given repeatedly in
me utterances of presidents and secre-
taries of state. Secretary Cass in 1858
ofnc1alIy stated the position of this
government as follows:
The progress of events has rendered
the fnteroceanic route across the mar
row portion of Central America vastly
important to the commercial world and
especially to the United States. whose
possessions extend along the Atlantic
ana Pacific coasts, and demand the
speed1est and easiest modes of comnlu-
ncatlon. While the rights of sovereign
ty OF the states occupying this region
should always be respected, we shall
expect that these rights be exercised in
spirit BETTING the occasion and the
wants and circumstances that have
arisen. Sovereignty has it's duties as
Wen as its rights, and none of these
local governments, even if administered
with more regard to the Just demands
of other nations than they have been,
would be permitted, in a spirit of east
ern Isolation, to close the gates of inter-
course on the great highways of the
world, and justify the act by the pre-
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"
Stewards Position.
Seven years later, in 1865, Mr.. Seward
IN different communications took the
following position:
The United States have taken and
VIII take no interest in any question of
Internal revolution in the state of Pan
anna, or any state of the United States
OF Colombia, but will maintain a per-
rect neutrality in Connection with such
domestic alterations. The United
States will, nevertheless, hold them
selves ready to protect the transit trade
across the Isthmus against invasion 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 States engages to preserve the
neutrality Of the Isthmus of Panama
imposes an obligation on this govern
ment to comply with the requisition IOf
the president of the United States of
Colombia for a force to protect the
IsthrnuS Of Panama from a body of in
surgents of that. countryl. The purpose
OF the stipulation was to guarantee the
Isthmus against seizure or invasion by
a foreign power only
Attorney General Speed, under date of
November z, 1865, advised Secretary
Seward as follows:
From this treaty it can not be sup
posed that New Granada invited the
United States to become a party to the
intestine troubles of that government,
nor did the United States become bound
New Granada The United States did
guarantee New Granada in the SOW
ereignty and property over the terri
tory. This was as against other and
foreign governmental
For 400 years, ever since shortly after
the discovery of this hemisphere, the
canal across the isthmus has been
planned. For two score years it has
been worked at. When made it is to
last for the ages. It is to alter the geo.
r,V,t,r <,E
routes of the world. We have shown
by every treaty we have negotiated or
attempted to negotiate with the peo-
pies in control of the isthmus and with
foreign nations in reference thereto our
consistent good faith in observing our
obligations; on the one hand to the
peoples of the isthmus, and on the 9TH
er hand to the civilized world whose
commercial rights we are safeguarding
and guaranteeing by our action. We
and in spirit, and we have shown the
utmost forbearance in exacting our
own rights.
Reputation ofTreaty.
Last spring, under the act above re-
ferred to, treaty concluded between
the representatives of the Republic of
Colombia 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 appointed by our gov
eminent especially to go into the mat
had pronounced unanimously in favor
of the Panama route. In drawing up
this treaty every concession was made
to the people and to the government of
Colombia. We were more than just in
dealing with them. Our generosity was
such as to make it a serious question
whether we had not gone too far in
their interest at the expense of our
own; for in our scrupulous desire to
pay all possible heed, not merely to
the real but even to the fancied rights
Of our wezker neighbor, who already
owed so much to our protection and
forbearance, we yielded in all possible
ways to her desires in drawing up the
treaty. Nevertheless the government of
Colombia not merely repudiated the
treaty, but repudiated it in such manner
as to make it evident by the time the
Colombian congress adjourned that not
l.