The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-04

it in its own interests for a few years,
till it was able to stand alone, and then
started it upon its career of self-gov-
eminent and independence granting it
all necessary aid. We have received
from Cuba a grant of two naval sta
tons. so situated that they in no pos
sible way menace the liberty of the
island. and yet serve as important de-
lenses for the Cuban people as well as
for our own people, against possible
foreign attack The people of Cuba
have been UNNECESSARILY benefited by
our interference in their behalf. and
our own gain has been great. So will
1t be with Panama. The people of the
iSthmuS. and as I Srmly believe of the
adjacent parts of Central and South
America, will be greatly benefited by
the building of the canal and the guar
antee of peace and order along its line:
and hand in hand with the benefit to
them will go the benefit to us and to
mankind. By our prompt and decisive
action. not only have our interests and
those of the world at large been con-
served, but we have forestalled COM
plications which were likely to be
fruitful in loss to ourselves and in
bloodshed and suffering to the people
of the isthmus
Instead of using our forces, as we
were invited by Colombia to do for the
twofold purpose of defeating our own
rights and interests and the interests
of the civilized world, and of compelI-
ing the submission of the people of the
isthmus to those whom they regarded
as oppressors, We shall, as in duty
bound, keep the transit open and pre-
vent its invasion. Meanwhile, the only
question now before us is that of the
ratification of the treaty. For it is to
be remembered that failure to ratify
the treaty will not undo what has been
done, will not restore Panama to Col
ombia, and will not alter our obliga-
ton to keep the transit open across the
isthmus, and to prevent any outside
power from nenacing this transit.
Article SO.
1t seems to have been assumed in
certain quarters that the proposition
that the obligations of article 50 of the
treaty of 1886 are to be considered as
adhering to and following the SOW
ereignty of the isthmus, so long as that
sovereignty is notabsorbed by the United
States rests upon some novel theory.
No assumption could be further from
the fact. It is by no means true that
a state in declaring its Independence
TidS itself of all the treaty obligations
entered into by the parent government.
1t is a mere coincidence that this ques-
ton was once raised in a case involv-
ing the obligations of Colombia as an
independent state under treaty which
Spain had made with the United States
many years before Spanish-American
independence. In that case Mr.. John
Quincy Adams, secretary of state, in
an instruction to Mr.. Anderson. our
minister to Colombia, of May rs, 1928,
said:
By the treaty between the United States
and Spain concluded at time when Co
lombia was a part of the Spanish mis- do,
ships make free goods was expressly rec
ogniZed and established. 1t is asserted
that by her declaration OF independence
Colombia has been entirely released from
all the obligations by which, as a part of
other nations. This principle is not tena-
Bile. To all the engagements of Spain
with other nations, affecting their rights
and interests. Colombia, SO far as she
was affected by them remains bound in
honor and in justice. The stipulation
The principle thus asserted by Mr..
Adams was afterwards sustained by an
international commission in respect to
the precise stipulation to which he re-
ferred: and a similar position was taken
by the United States with regard 20 the
binding obligations upon the independent
state of Texas of commercial Stipula,-
tons embodied In prior treaties be-
tween the United States and. Mexico
when Texas formed a part of the latter
country. But in the present case it is
unnecessary to go SO far. Even if it be
admitted that prior treaties of a polit-
ical and commercial complexion gen
orally do not bind new state formed
by separation. it is undeniable that
stipuations having a local application to
the territory embraced in the new state
continue in force and are binding upon
the new sovereign. mus II IS on all
hands conceded that treaties relating to
boundaries and to rights of navigation
continue in force without regard to
changes in government or in sover-
eighty. This principle obviously applies
to that part of the treaty of 1886 which
relates to the Isthmus 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 not we shall build an 18TH
milan canal.
I transmit herewith copies of the
latest notes from the minister of the
republic of Panama to this government,
and of certain notes which have passed
between the special envoy of the repub-
lie of Colombia and this government.
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