The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-05

and interests and the interests of the
civilized wor5d, and Of compelling The
submission of the people Of the Isthmus
to those whom they regarded as oppres
sors, we shall, as in duty bound, keep
the transit open and prevent its invasion
Meanwhile, the only question now before
us is that OF the ratification Of the treaty
For it is to be remembered that a nature
TO ratify the treaty will not undo what
has been done, will not restore Panama
to Colombia, and will not alter our ocli-
ga ton to keep the transit open across the
Istnmus, and to prevent any outside pow
or from menacing this transit.
It seems TO have been assumed II Ger
tain quarters that the proposition that
the obligations OF article IS OF the treaty
OF 1916 are TO be considered as adhering
to and following the sovereignty OF tie
Isthmus, so long as that sovereignty is
not absorbed by the United States, rests
upon some novel theory. No assumBtion
could be further from the fact. It IS
by no means true that State III Gecla4.
ING It's independence riGs itself OF al the
treaty obligations entered into by the
parent government. It g q mere come.
denCe that this question was once raised
IN case involving the obligations q:
Colombia as an independent State under
4 treaty which Spain had made with the
United States many years before Spanish
American independence. IL that case DIR
John Quincy Adams, Secretary of State
III an instruction TO Mr.. Anderson, Cur
minister to Colombia, of May e. 1928
said:
BY a treaty between the United
States and Spain concluded at q time
when Colombia was a part Of trl Span
ish domin ons . tne principle that
free ships make free goods vas c1-
pressly recognized and established r *
asserted that by her declaration OF ia
dependence Colombia has been e1jiT6iy
released from ali the obligations bv
which, as part OF the Spanish nation.
she was bound to other nations. This
principle is not tepable To III the en-
gasemgnts OF Spain with 9th nations
affecting their rights and interests, ca
lombia. SO far 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 Ifr
adams was afterwards susta ned by a.
international commission in respect &c
ire precise stipulation IN which he re-
tered and q similar position was Ia
Ken BY tho United States with regard
10 the binding obi cation upon the indie
Eendent State Of Texas OF commercial
stipulations embodied in prior treaties
between the United States and Mexico
when Texas formed a part of the latter
country But in the present case it il
unnecessary to so SO far Even if it o.
admitted that prior treaties OF a political
and commercial complexion generally do
cot bind new State formed by sep2ra-
ton. It IS undeniabie that stipulations
having a local application TO the territory
embrGced in the new State continue IL
sorce and are binding upon the new sover-
elgn. Thus it is on all hands conceded
that treaties relating TO boundaries ana
&c rights of navigation continue in force
without regard to changes in govern
u2eGt or i'll sovereignty This prime PIE
obviously applies to that part OF the
treaty Of 1886 which relates to the 18th.
mus of Panama.
IN conclusion let me repeat that the
question actually before this government
is not that Of the recognition Of Panama
as an Independent republic. That is Il
ready cn accomplished fact. The qucs-
ton, and the only question. is whether or
not we shall build an Isthnian canal
transmit herewith copies Of the H.
test notes from the minister of the Repub-
lie Of Panama to this Government and d
certain notes which have passed between
the special envoy of the Republic OF
Colombia and this government.
THEODORE ROOSEVELT.
White House. Jaruery 4. 1901