The Montgomery advertiser., 1904-01-05

sary aid We have received from Ctlbs . grant of two naval stations, 90 situAfe1 that they in no possible way menace th{
 ssy of sss sslS for ss sSs 4Sas sss
 as vel las for our own people, agatnsi possible foreign attack. The people oi Cuba have been immeasurably benefited our own gain has been great. So viii il
 be with Panama. The people of ths Isthmus. and as ! firmly believe of ths padjacent parts Of Central and South
 building of the canal and the guarantes
 of peace and order along it's line; and
 h;snd in hand with the benefit to them
 w go n sae os Ssne aS ss and and Scsv. :S s
 ton, not only hGve our interests and
 those Of the world at large been con. served. but we have forestalied compli.
 in loss to ourselves, and in bloodshed and
 suffering tQ the people of the Isthmus.
 Instead of using our forces. as we were invited by Colombia to do. for the twofold
 interests and the interests of the ciyillx.
 ed world. and of compelling the submis-
 sion of the people of the Isthmus to thoss
 whom they regarded as oppressors. we: open and prevept its invasion. Mean. while. the only question now before us
 Is that of the ratification of the treaty.
 For 1t is to be remembered that a failure, to ratify the treaty will not undo what
 has been done, will not restore Panama
 to Colombia, and vii not alter our obliga-,
 tion to keep the transit open across the,
 power from menacing this transit.
 It seems to have been assumed in cer-
 tain quarters that the proposition that
 the obligations of article 35 of the treaty
 to and following the sovereignty of the Isthmus, so long as that sovereignty is not absorbed by the United States. rests
 ', upon some Ss sn.S. n1vs! theory No assumption no means true that a state in declaring | its independence rids itself of all the
 treaty obligations entered into by the
 cidence that this auestion was once raised in case involving the obligations of Colombia as an independent state under | a treaty which, Spain had made with the | American independence. In that case MT. John Quincy Adams Secretary of State, in an instruction. to MT. Anderson. our
 Minister to Colombia. of May P. ls2S. said: By a treaty between the United States
 and Spain concluded at a time when
 dominions % the the principle that Ass, free
 ships make free goods was expressly ed that by her declaration of independence Colombia has been entirely released from | all the obligations by which. as part ] other nations. This principle Is not tena- ble. To all the engagements of Spain
 with other nations. affecting their rights l and interests Colombia. so far as she was l affected by them. remains bound in honor and in justice. The stipulation. now referred to is of that character. The principle thus asserted by MT. Adams was afterwards sustained by an | international commission in respect to the precise stipulation to which he referred; | and a similar position was taken by tho
 United States with regard to the binding obligation upon the independent State of ITexas of commercial stipulations embod- | jed in prior treaties between the United States and Mexico when Texas formed Q present case 1t Is unnecessary to go so | far. Even if 1t be admitted that prior l treaties of & political and commercial complexion generally do not bind a new
 state formed by separation, it Is undenia-
 ble that stipulations having local ap-
 plication to the territory embraced in the
 new state continue nj force and are binding upon the new sovereign. Thus | it is on all hands conceded that treaties
 relating to boundaries and to rights of navigation continue in force without re- gard to changes in government or An | sovereignty. This principle obviously ap- plies to that part of the treaty of 1S46 l which relates to the Isthmus 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 ls
 already an accomplished fact. The q1es- | tion, and the only question. is whether or not we shall build an Isthmian canal.
 1 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 l the special envoy of the Republic of
 Colombia and this government; %Ser5nrs t;oo,.v.,, l White House, Jan. 4, 1904. ;