The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-01-05
PRESIDENTS MESSAGE
DEALS WITH PANAMA.
Continued from Eighth Page.

pilllAiuCtt nun NH L as
compelling the submission of the peo-
ME of the sthmus to those whom they
regarded as oppressors, we shall, as in
duty bound, keep the transit open and
prevent it's invasion. Meanwhile, the
only question now before us is that of
the ratification of the treaty. For it
is TO be remembered that a failure to
ratify the treaty will not undo what
has been done, will not restore Pan
ANA to Colombia, and will not alter
eur obligation TO keep the transit open
across the isthmus, and to prevent any
outside power from menacing this
transit.
1t seems to have been assumed in
certain quarters that the proposition
that the obligations of article 80 of
the treaty of 1876 are TO be considered
as adhering to and following the Sow
erAignty of the isthmus, so long as
that sovereignty is not absorbed by
the United States, rests upon some
novel theory. No assumption could be
further from the fact. 1t is by no
means true that a state in declaring
its independence rids itself of all the
treaty. obligations entered into by the
parent government. 1t is a mere CO.
incidence that this question was once
raised in a case involving the obliga
tons of Colombia as an independent
state under a treaty which Spain had
made with the United States many
years before Spanish-American indie
uendence. In that case Mr.. John
Quincy Adams, Secretary of State, in
an instruction to Mr.. Anderson, our
minister to Colombia. of May q, 1923,
said:
BY treaty between the United States
and Spain concluded at a time when
colombia was a part of the Spanish
free ships make free goods was ex
rressly recognized and established. It
is asserted that by her declaration OF
Independence Colombia has been en-
trelv released from all the obligations
by which, as a part of the Spanish ma
ton, she was bound to other nations.
This principle is not tenable. To all
the engagements of Spain with other
nations, affecting their rights and in
terests, Colombia, so far as he was al
fected BY them. remains bound in honor
and in Justice. The stipulation now re-
ferred to is of that character.
The principle thus asserted by Mr..
Adams was afterwards sustained by an
International commission in respect 10
the precise stipulation to which he re-
ferred; and a similar position was TAX
en- by the United States with regard to
the binding obligation upon the indie
pendent 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 is
unnecessary to go so far. Even if it be
admitted that prior treaties of a politi-
cal and commercial complexion gener-
ally do not bind a new state formed by
separation, it is undeniable that stipu-
lations having a local application to
the territory embraced in the new
state continue in force and are binding
upon the new sovereign. Thus 1t is on
all hands conceded that treaties relat-
ing TO boundaries and to rights of n'ayi-
cation continue in force without regard
10 changes in government or in sover-
eighty. This principle obviously ap-
plies to that part of the treaty of 1916
which relates to the isthmus of Pan
anna.
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
mian canal.
Theodore Roosevelt.
White House. Jan. 4, 1904.