The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-11-28
SOME PHASES OF THE PANAMA

SOME PHASES OF THE PANAMA
AFFAIR.
1t was inevitable that the revolution in
Panama and the recognition of its inde-
pendence by the United States should bring
on many complications, but in spite of
these it is evident the revolution is an ac-
fact and that every day adds
to the impossibility Of undoing it. Among
the latest of these evidences is the an
that the provisional govern
ment of Panama has decided to ratify the
new canal treaty as soon as it Is received
at Panama, and that special arrangements
have been made to expedite its signing and
its return to Washington as fast as steam
can carry it. 1t is absurd to suppose that
a government whose independence has been
which has ratified a treaty with the United
States guaranteeing 1t protection can be
either cajoled or coerced into resuming its
former position a Colombian State. If
the Colombian government imagines that
this can be done 1t is doubtless the only
power on earth that entertains so visionary
an idea.
The Colombian general, Reyes, who is do
ing good deal of wild talking, says II Is
Colombia's purpose to march an army Of
10000 men across the mountains to subju-
gate Panama, and then the United States
will have to negotiate with Colombia or
drop the Panama canal and adopt the Mic
aragua route. This was said at New Or
leans, but when General Reyes reaches
Washington and finds how firmly estab-
discovers further that the United States
has agreed by treaty to protect her i'm that
independence, he must see that the rapid
course Of events has made his view quite
out of date. He admitted that Colombia
had no thought OF declaring war against
the United States, because she knew it
would be futile, but when he reads the new
treaty he will find that making war on
Panama would be tantamount to making
war on the United States.
Among other evidences of the Colombian
governments failure to understand the
true situation and of it's laundering efforts
to regain a lost sovereignty is the fact that
it has notified the Panama Canal Company,
of Paris, that it will not allow the company
to transfer its privileges to the United
States and that in case the canal conces-
sion expires the privileges must revert to
Colombia. There is nothing in this conten-
ton. Since the secession and independence
of Panama Colombia's concessions regard
ing the canal are worthless. Both the
United States and the Panama Canal Com
pany are now dealing with Panama, and
whatever concessions are made must come
from her.
Discussing what obligations pertain to a
seeding state which becomes independent
a leading writer on international law says:
A narrower and more technical rule pre-
walls when the parent state is deprived of
portion of its territory which is erected
into an entirely distinct political commu-
is that, as man who loses arm or leg
in battle is not thereby relieved of any part
OF his obligations, so a state that is so dis
membered as to suffer no loss of identity
eral indebtedness. such a change" Hal
leck says, mo more affects it's rights and
duties than a change in it's internal organ
ization or In the person or Its rulers. This
doctrine applies as well to debts due to, as
well as from, foreign states, and to its
rights Of property and treaty obligations
except so far as such treaty obligations
may have particular reference to the re-
volted or dismembered territory or prov
ince." In other words, the old state con-
tinues its corporate life without interrupt
and all general benefits resulting from
treaties. with full liability for general obli-
cations, with which the new creation taken
from its side may disavow all legal con-
nection. The new state. on its part, car.
ries with 1t only local obligations.
This sustains the view that Panams
would not be responsible for any part OF
the old Colombian debt, but would have
entire control of the canal question. Con-
cessions regarding the canal run with the
land. just as the treaty obligation of the
United States to maintain free transit
across the isthmus does. The Hay-Bunar
treaty covers the whole ground. and Pan.
ama's assumption Of the former conces
sions of the Colombian government make.
the title to its properties perfectly good.
In short. by the secession and independ
ence Of Panama Colombia is not onl,
checked, but checkmated. She cannot max,
a single move that will contribute a parti
Gle toward the recovery of her lost Stat,
or her lost vantage ground relative to tn,
Panama canal. Her notice to the French
company will probably anger the French
Dondholders and hasten the recognition O.
the Panama Republic by the French gov
eminent, which would much rather dea
with Panama and the United States thar
| with Colombia.