The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-01-08

pie Of the Isthmus to those wAG8~
regarded as oppresSore. We all -
In duty bound. keep tina transit epso
and prevent Its invasion. MeAnwhSA
the only question now before -
that os h ratification Of treaty.
Fer IL II TO be remembered that . fan-
ure 60 ratify the treaty WI not uasdo.
what has been done. viii not reocoro
Panama to Colombia, and wiz not
alter our obligation to keep the trnAss:
open across the Isthsnus. m 60 pro
vent any outside power from OenAe-
INK this transit.
1t seems TO have been assumed IN
certain quarters that the ~prcposft.on
that the obligations % article s. OF thu
treaty OF 1876 are to be considered n
adher,ng 10 and following the sov-
ere4gnty OF the Isthmus. % long -
that sovereignty is not absorbed By
the United states. rests upon SOME
novel theory. No assumption could b
further from the a Il 10 by no
means true that a state In declaring
It's independence rids .tsaf OF all the
treaty obligations entered into by the
parent government It Is a mere cola
cidence that this question was once
raised 81 a case involving the obliga-
tons OF Colombia as an Independents
state under a treaty which Spain q
a with the United States many
years before Spanish-Anertcan inde-
pendence. In that case Mr.. roAa
Quincy Adams. Secretary OF state i'm
an instruction to Mr.. AnderSoo. our
minister to Colombia. o. Nay 81. 1xzs.
said:
by q treaty between the United
States and Spain concluded 1T q TINA
when Colombia was a part o. the
Spanish d~o,ninions tho priRce-
pie that free ships make freo goods
was expressly recognized and eetae-
lished. II is asserted that by her de-
claration OF independence Columbia
has been entirely released from all the
obligations by which. rs n part uf thu
Spanish nation. she was bound TO 9th
able. To all the engagements or span
with other nations. affecting th~<x
rights and interests. Colombia. 20 far
as she was affected by them. remains
bound in honor and In justice. Tha
stipulation now referred to Is oc that
character"
The principle thus asserted nv Ar.
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 the United states with re-
gard to the binding obligation upon
the independent State OF Texas OF COM
mercial stipulations embodied In prior
treaties between the United States
and Mexico when Texas formed q part
OF the latter country. But IN the pres
ent case II is unnecessary to go 50 Tar.
Even If II be admitted that prior treat
les of a political and commercial com
plexion generally do not bind a new
state formed by separation. d Is un-
deniable that stipulations having a To-
cal application to the territory en-
braced in the new state continue IN
force and are binding upon the new
sovereign. Thus 1t is on all hands
conceded hat treaties relating -
boundaries and to rights OF navigation
continue in force without regard 70
changes in government or in Soves-
eighty. This principle obviously APP
pliesfto that part OF the treaty of Is4s
which relates to- the Isthmus OF Pana-
ma.
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.
l transmit herewith copies OF the
latest notes from the minister OF the
Republic OF Panama to this Govern
ment, and of certain notes which have
passed between the special envoy OF
the Republic of Colombia and thu
Government.
THEODORE ROOSEVELT.
White House.
January 4, 1904.