The Montgomery advertiser., 1903-12-13


 Senator Morgan added: '"rhis has always been the construction of the Clayton-Bul- wer treaty as to the building of the ship canal through Nicaragua" Certainly. I agree with Senator Morgan in that con- struction of the treaty, and now that Great Britain has been admitted to share equally with all other nations in these facilities, 90 far as the United States Government is concerned, through the Hay-Pauncefote treaty, this matter Is at rest.
 Senator Morgan, however, in 1900 (June 2V. introduced in the Senate resolutions declaring that the Clayton-Bulwer treaty or July 1. 1850. gives no right to Great Britain to demand that the Congress of the United States shall withhold its rat- incation of the agreements with Costa hica ana Nicaragua a protocol of which nad been published, or shall abstain from iegisiation to provide for their prompt ex- ecution, and that the ratification of the Hay-Pauncefote treaty as amended, was not Q condition precedent to legislation by congress in providing for the execution or the agreements; nor were the principles or provisions of the Clayton-Bulwer treaty any just or admissible ground of opJection on the part of Great Britain to the enactment by Congress providing for tne execution of said agreements"
 meGt the situation then existing that, though aovised of the pendency of the Hay- rauncefote treaty, the Senate was delay ing consideration of the Hepburn bill, wnicn had passed the House by a vote almost unanimous CMay 14, 1sO0.)
 It was admitted by Senator Morgan in 2 minority report submitted by him from the Committed on Federal Relations. eFeoruary q, 1soD, which had considered .ne resolutions and reported adversely upon them, that the agreement made with Costa Rica and Nicaragua was lab soiutely and conclusively repugnant to me Clayton-Bulwer treaty, and that Great brifain could deal with them as viola tions or that treaty, and therefore as hos tile acts, if she chose." He further said that the Hay-Pauncefote treaty twas | never necessary to the preservation of any right or the promotion of any policy of the United States" that the principles | of the treaty were correct and that fact alone justified vote for its ratification" |" | that If it were to disappear our rights | would be none the less clear and distinct" | But if it is again to appear in a new me- | gotiation "candor as well as a wise pre- | caution requires that the Senate should resolve that Great Britain has no right, | under any circumstances, to embarrass the right of the United States to the ex- | elusive ownership of a ship canal in the | Isthmus of Darien with the consent of the local sovereignties in which 1t is located" | "To this complexion 1t must come at last" Senator Morgan reported, land we | should at once march to this conclusion and sweep off the incubus of the Clayton l Bulwer treaty."
 The Uprising of Panama
 The sudden uprising at Panama against the Bogota Government, the secession i from Colombia, the organization of a pro- visional government and the proclamation of political independence under the name of the Republic of Panama and the Pres ident's recognition of that Republic must be considered in the light of ali that has been stated. It will be seen that the construction of a canal across the | Isthmus which connects North and South America has been discussed from the be- ginning as a commercial enterprise which concerns the whole world. Consequently, | the naturalization of such canal has been l constantly recognized by all great mari time States. Naturalization" has been aptiy defined as lone of the means of modern civilization by which nations have endeavored to secure the largest possible freedom of navigation" It rests upon the broad idea that by natural law the air, flowing water and the seas are | public It was recognized in the treaty of fs46 with New Grenada, 1t was recog- nized in the Clayton -Bulwer treaty, and has never been departed from by this government. It was applied by both trea- ties because the Isthmus was considered a removable obstruction to the channels of commerce. and President Taylor said that upon that idea, if constructed, the channel would become "a bond of peace instead of a subject of contention and strife between the nations of the earth" The Inalienable Right of Revolution.
 It will scarcely be contended by any one, that the people of Panama have not the inallenable right of revolution. Conced- ing to them this right, then. unless our | engagement under the treaty with New | Granada of 1S46, eatops 1t this Govern ment could scarcely do otherwise than | accord recognition to the new Republic. It has been seen that President Pierce | in a special message 1S56) discussing his recognition of a minister from the Re- public of Nicaragua with commission from one who had been made President of Nicaragua in 1855 (Oct. SO). after over throwing the existing government, said that it was the established policy of the United States to recognize all govern ments without question of their source | of organization, or of the means by which | the governing persons attain their pow er,l provided there be government de | facto accepted by the people of the coun- try" reserVing as to revolutionary gov ernments arising out of subdivisions of parent States. only the time as to recog- milton. President Pierce said 1t was "The more imperatively necessary to apply this rule to the Spanish American Republics. in Consideration of the frequent and not seldom anomalous changes of organza- tion or administration which they under go and the revolutionary nature of most of these changes"
 The fact that such has been the policy is abundantly proven by the records of the government. and the rlghtfulness of this policy will not be gainsaid.
 l Is this government estopped from rec ognition by its engagements in the treaty of 1S46? President Polk, it has been seen. said in regard to this treaty at the time he transmitted 1t to the Senate. that the guaranty of he treaty did mot extend to the territories of New Grenada generally, but is confined to the single province of 1 the Isthmus of Panama, where we shall | acquire by the treaty common and CO., extensive right of passage with herself"
 Furthermore, President Polk said: Tt will constitute no alliance for any politi- cal object, but a purely commercial pur- pose in which all navigating nations of the world have a common interest" It seems to me that 1t is absurd, at least that 1t borders upon the absurd, to say that any government, especially our government, would engage to guarantee the territorial integrity of any of the | Central American or South American States The United States guaranteed tn