The Birmingham age-herald., 1903-11-07
IecTetaryH Issues Long State- nent UphO|ding Position
 Taken by the President
NEW REPUBLIC OF PANAMA
 WILL HAVE OUR SUPPORT
Consul General Gruder Sails Sunday for Colon to Assume Charge of the American Consulate There.
 Explains the Situation.

ENpIdlnb tflC 0lludtiSHH
 Washington November 6.-The decision to recognize the defacto government Of Panama was arrived at after protfact- ed session of the cabinet today at which every member was present except Sec retary Root and, Secretary Wilson. The President emphasized the importance of the recognition of the defacto govern ment.
 With the withdrawal of the Colombian officials the isthmus was left entirely without government until that estao- lished by the secessionists should be recognized and this step seemed neces- sary for the transaction of routine busi- ness for the United States on the isth- mus
 Secretary Hay Explains.
 The secretary of state today made the following statement in regard to affairs on the Isthmus of Panama:
 sThe action of the President in the Panama matter is not only in the strict est accordance with the principles or
  the best precedents of our public policy but it IS the only course he could have taken in compliance with our treaty rights and obligations. By our treaty en- tered into with New Granada in 1S46, New Granada guarantees that the rights Of way or transit across the Isthmus of Panama upon any modes of communica- ton that now exist, or that may here after be constructed, shall be free and open to the government and citizens of the United States.
 This is a right which we acquired by the treaty, not gratuitously conferred, but in return for an important compen- sation, for Tn the same article the gov ernment of the Gnited States guarantees positively and efficaciously to New Gra- nada by the present stipulation, the per- feet neutrality of the Aforementioned sthmus with the view that the free tran sit from one to the other may not be interrupted or embarrassed in any future time, while this treaty exists; and in con sequence the United States guarantees in the manner right the sovereignty of the property which New Granada has pos sessed over the said territory
 Have Become Important.
 ",rbese considerations the controlling na- ttre of which were at once recognized So long ago, have become more and more important in every year that has elapsed since the treaty was written. Our ac- duisition of Hawaii and the Philippines has given them a greatly enhanced valid- ity The controlled interest of the com merce and traffic of the whole civilized world of the means of undisturbod transit across the isthmus of Panama have be- come of transcendant importance to the United States.
 ..rhe right to this control we havs never forfeited by any laxty of our owi, either in the assertion of our rights or in thc performanceof our duty under the treaty In 1853 MT. Everett assured the Peruvian minister that we should not hesitate yo maintain the neutrality of the Isthmus in the case of war between Peru and Colom bia In 1864 Colombia, which has always been vigilant to avail itself of it's privilege conferred by the treaty. expressed it's ex- pectation that in the event of war between Peru and Spain, the United States would carry intd effect the guarantee of neutral ity.
 Treaty Used as a Basis.
 There have been few administrations of the state department in which this treaty has not, either by the one side or the other been used as a basis of more or less im- portant demands. It was said by MT. Fish in 1871 that the department of state had reason to believe that an attack upon Co. lombian sovereignty on the lsthmus had on several occasions been averted by warning from this government
 The United States has notsanly constant ly protected Colombia from foreign inva- sion on the strength of the rights and the duties created by the treaty of 1916 but has time and again intervened to preserve the freedom of traffic from disturbance In the course of domestic dissensons Tn these cases we have intervened some times at the suggestion of Colombia, some times on our own impression of the necessities of the case, but always to the profit of Co., lombia as well as of universal commerce 'The position of the United States was clearly set forth by Mir. Seward in these words:
 ' The United States have taken and will 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 perfect neutrality in regard to such domestic controversies. The United States will nevertheless. hold themselves ready to protect the transit trade across the sthmus against invasion of either do- nestle or foreign dsturbers of the peace Dl the Stdle CT fdndmd.
 No Doubt of Treaty's Validity.
 There has never been any doubt of he validity of the treaty of 1s4G to guarantee free and open transit or American citizens or for the government ,f the United States. We have used the sthmus for the transit of troops and of 'ugitives from justice, and protocol was igned at Bogota on the 22nd of February S79, acknowledging this right of transit Or troops and extradited fugtives be- onging to the United States. . right as declared in the protocok which is es- ahlished in compensation for the guar Intee of the sovereignty and property of he isthmus. to which the same govern nent is bound
 Tt must not be lost sight of that this reaty is not dependent for it's efficiency n the personnel of the signers or the tame of the territory it affects It is a ovenant. as lawyers say that runs with he land. The name of New Granada has passed away; it's territory been divided pd thara should he no delay n eou1plof-