Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-01-07

vent any outside power from menace
Ing this transit.
1t seems to have been assumed in
certain quarters that the proposition
that the obligations of article 80 of the
treaty of 1916 are to be considered as
adhering to and following the sover-
eighty of the isthmus, SO long as that
sovereignty is not absorbed by the
United States, rests upon some novel
theory. No assumption could be fur
Their from the fact. 1t is by no means
true that u state In declaring its in-
dependence ribs itself of all the treatyli
obligations entered into by the parent
government. 1t is a mere coincidence
that this question was once raised in
case involving the obligations of Co
lombia as an Independent state under
a treaty which Spain mad made with
the United States many years before
Spanish American independence. In
that case John Quincy Adams, secre-
tary of state. in an instruction to Mr..
Anderson, our minister to Colombia, of
May a. 1923, said:
BY a treaty between the United
States and Spain concluded at n tint
when Colombia was a part of the
Spanish dominions the pricipht
that free ships make free goods wa
expressly recognized and established
1t Is asserted that by her declaration
of Independence Colombia has been
entirely released from all the obliga-
tions by which, as a part of thu
Spanish nation. she was bound to otis
er nations. This principle Is not ten
able. To all the engagement of Spal,
with other nations. affecting their
as she was affected by them. remains
bound in honor and In justice. The
stipulation now referred to Is of that
character"
The principle thus asserted by Mr..
Adams was afterwards sustained by
an international commission in respect
to the precise stipulation to which he
referred; and similar position was
taken by the United States with re-
gard to the binding obligation upon
The independent state of Texas of COM
mercial stipulations embodied In prior
treaties between the United States and
Mexico when Texas formed part OF
the latter country. But in the present
| case 1t is unnecessary to go so far.
Even If 1t be admitted that prior trea-
ties Of political and commercial COM.
plexton generally do not bind a new
| state formed by separation, 1t is un-
deniable that stipulations having a To-
cal application to the territory en-
braced in the new state continue in
force and are binding upon the new
sovereign. Thus it is on all hands con-
| coded that treaties relating to boun-
DIARIES and to rights of navigation con-
tinue In force without regard to chang
es IN government or in sovereignty.
This principle obviously applies to that
part of the treaty Of 1916 which relates
| to the isthnlus of Panama.
In conclusion let me repeat that the
question actually before this govern
ment is not that of the recognition OF
Panama as an independent republic.
That is already an accomplished fact.
The question. and the only question,
Is whether or nor we shall build an
isthmian canal.
transmit herewith copies of the
latest notes from the minister Of the
republic Of Panama to this govern
ment. and of certain notes which have
passed between the special envoy Of
the republic of Colombia and this gov-
eminent.
Theodore Roosevelt.
White House, January 4,e19O4.