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


8sess nor in the public press at the
time that this treaty was formulated
was there complaint that it did not in
tne fullest and amplest manner guaran-
tee to Colombia everything that she
could by any color of title demand.
Nor is the fact to be lost sight of that
the rejected treaty. while generously re-
spondlng to the pecuniary demands of
provided for the construction of the
canal in conformity with the express
requirements of the act of the con-
gress OF June %, 1902 BY that act, as
heretofore quoted, the president was
authorized to acquire from Colombia,
Tor the purposes of the canal, ''perpet-
ual controF of a certain strip OF land;
ana 1t was expressly required that the
control thus to be obtained should
include Jurisdiction" to make police
and sanitary regulations and to esuaD-
l1sh such judicial tribunals as might
be agreed on fer their enforcement.
These were conditions precedent pre-
scrtbed by the congress; and for Il cir
1uldllment suitable StipulatOnS were
embodied in the treaty. It has eoeen
stated il public prints that Colombia
objected to these Stipuiations, on the
ground that they involved a relinquish-
ment of her Sovereignty but in the.
light of what has taken place, this al
legged objection must be considered as
an afterthought. In reality, the treaty,
instead Of requiring a cession of Co
tombia's sovereignty over the canal
strip, expressly acknowledged, confirm
ed, and preserved her sovereignty over
It. The treaty in this respect simply
proceeded on the lines on which all the
negotiations leading up to the present
situation have been conducted. In
those negotiations the exercise by the
United States, subject to the paramount
rights of the local sovereignty, of
substantial control over the canal and
the Immediate adjacent territory, has
been treated as a fundamental part OF
any arrangement that might be made
1t has formed an essential feature of
all our plans, and it's necessity is fully
recognized IN the Hay-Pauncefote
treaty. The congress, in providing
that such control should be secured,
adopted no new principle, but only in
corporated in its legislation a condf-
ton the Importance and propriety OF
which were universally recognized.
During all the years of negotiation
and discussion that preceded the con-
clusion of the Hay-Herran treaty, CO.
1ombia never intimated that the re-
quirement by the United States of con-
troll over the canal strip would render
unattainable the construction OF
canal by way of the Isthmus of Pana-
ma; nor were we advised, during the
months when legislation of 1902 was
pending before the congress, that the
terms which it embodied would render
negotiations with Colombia Impractical
BILE. It is plain that no nation could
construct and guarantee the neutrality
Of the canal with q less degree of con-
troll than was stipulated for in the
Ifay-Herran treaty. A refusal to grant
such degree of control was necessarily
q refusal to make any practicable
treaty at all. Such refusal therefore
squarely raised the question WhetheE
Colombia. was entitled to bar the tran
sit of the worlds traffic across the
Isthmus.
The People Want It.
That the canal itself was eagerly de-
manded by the people of the locality
through which it was TO pass, and that
the people of this locality no less eager
" longed for its construction under
American control, are shown by the
unanimity Of action in the new Panama
republic. Furthermore, Colombia, after
having rejected the treaty in spite of
---szc1e protests and warnings when 1t was
in her power to accept it, has since
shown the utmost eagerness to accept
the same treaty if only the status quo
could be restored. One of the men
standing highest in the official circles
of Colombia, on November s, addressed
the American minister at BOgOta, say
ing that if the government of the
United States would land troops to pre-
serve Colombian sovereignty and the
transit, the Colombian government
would declare martial law; and, by
virtue of vested constitutional authori-
ty when public order is disturbed,
would approve by decree the ratiflca-
ton of the canal treaty as signed; or, if
prefers, Lwould] call extra session of the
conRTess=with new and friendly mem
bers-uext May to approve the treaty.
Having these facts in view, there is no
shadow of question that the govern
meut of the United States proposed a
treaty which was not merely just but
generous to Colombia, which our people
regarded as erring, if at all on the side
OF overgenerosity; which was hailed
with delight by the people of the i'm
mediate locality through which the
canal was to pass, who were most con-
cerned as to the new order of things,
and which the Colombian authorities
now recognize as being so good that
they are willing to promise its uncon-
ditional ratification if only we will de-
gert those who have shown themselves
our friends and restore to those who
have shown themselves unfriendly the
power to undo what they did. I pass
by the Question as to what assurance
we have that they would now keep their
pledge and not again refuse to ratify
the treaty if they had the power; for,
Of course, I will not for one moment
discuss the possibility of the United
States committing an act of such base
ness as to abandon the new republic of
Panama
Third. Finally the congress definitely
settled where the canal was to be built.
It was provided that a treaty should be
made for building the canal across the
Lsthmus Of Panama; and if after rea-
sonable time, it proved impossible to
secure SuCh treaty that then we should
go to Nicaragua. The treaty has been
made; for it needs no argument to show
that the intent Of the congress was to
insure a canal across Panama, and that
whether the republic granting the title
was called New Granada, Colombia, or
Panama mattered not one whit As
events turned out, the question of "rea-
sonable time" did not enter into the
matter at all Although as the months
went by. it became increasingly i'm
probable that the Colombian congress
would ratify the treaty or take steps
which would be equivalent thereto. vet
all chance for such action on their part
did not vanish until the congress closed
The end of Oetoller.- and 1.-itl,i,, tl,roa