The Red Cloud chief., 1904-01-08

TO The Senate and House of REPRE-
seutativep:
tsy before for its In
Formation o abatement OF my action
no TO this time In executing the act
entitled AN act to provide Tor Ia"
construction OF a canal connecting the
waters OF the Atlantic aud Pacific
oceans" approved June %. 1907.
ny the said act the president WAS
authorized to sccurc for the United
States the property of the Pan'inn
Canal company and the perpetual
control OF a strip G miles wide across
the Isthmus of Panama. u was tutth-
cr provided that should the PreHi-
dcut bc unable to obtain Cor the Unit
cd States u satisfactory title tn the
property OF the New Panama Canal
Company and the control OF til" nc
ccssary territory OF the Rcrubiic OF
Colombia . . within u reasonable
time and upon reasonable tcrms. then
the President" should endcavor to
provide FOR n canal by the Nicaragua
route. The language quoted dcftues
with exnctncss and precision II was
to he done, ~ What az a matter OF
fact has been done. Tho president
waa authorized to go To rho NicaraC-
~ route only if within n REASONABLE"
time he could not obtain control or
d necessary TERRITORY or the Rcp,tb-
Vic OF Colombia" This control has
now been obtained: ,he provision OF
d act has hecn COMPLIED with: II
IA no longer possible under existing
legislation TO go to the Nicaragua
route ms An alternative.
A Climax OF American Effort.
Tails act marked the climax Of the
effort on the part OF the United States
"a secure. SO far ~ legislation was
c%oocerned. m interoceanic canal
across the Isthmus. The effort to Sc
cure n treaty for this purpos with
one of the Central American REPUBLICS
did not stand on the same footing
with the effort To secure n treaty un-
der any ordinary conditions. The prop
CO rosition for tho United states to
assume IN reference to this canal.
and therefore 60 the governments ~
the tsthnua. h'd been clearly set forth
by Secretary Casa In 1858.
American Control Of the Canal.
Under the Hay-Pauncefote treaty It
was explicitly provided that the Unit
ed States should control. police. and
protect the canal which was to he
built. keeping II open for the vessels
Of all nations on equal terms. The
uOtted states thus assumed the posi-
ton or guarantor OF the canal aud Of
It's peaceful use by all the world. The
guaranty included as a matter OF
course the building OF the canal.
The enterprise was recognized as
responding to an International need:
aud 1t would be the vcricst travesty
on right and Justice 10 treat the gov
ernWents in possession OF the isthmus
"a having the right. In the language
&c Mr.. Cass. ito close the gn ties OF In
~tercourse on the great highways of the
world. and Justify the act ny the pre-
tension that these Of trade
md travel belong tn them and that
they choose to shut them"
When this government submitted
to Colombia the H1y-Herran treaty
three things were. therefore. already
settled.
One was that the canal should he
built. The time FOR delay. tho time
Cor permitting the attempt to he made
nv private enterprise. the time FOR per-
m'tting anv government OF a~nti-social
spirit and of imperfect develop
went 10 bar the work. was mast. Tho
Uolted states had assumed in con-
uection with the canal certain res
Uonsibillties not n to Its own peonle.
to the civilized world. which I'M
perativeIv demanded that there should
~ longer be delay In beginning the
work.
Our Generosity TO coiombia.
Second. while It was settled that
h canal SHOULD be built without I'M
necessary or improper delay. 1t was
Uo less clearly shown to be our pur-
ySsc to deal not merely I'm a spirit ~
%tusticc but In a spirit of generosity
with the people through whose land
we might build Il. The Hay-Ferran
treaty. IL 1t erred at all. erred I'm the
direction Of an ovcr-generosity
towards the Colombian government.
In our anxiety to he fair we had gone
a - H. ....y V..~A la a. Al
pattoG's demands hat that nation
was heiplessly unable to enforce from
us against our will.
The only criticisms made upon the
administration for the terms Of the
Hay-Hcrran treaty were for having
rranted too much to Colombia. not
Tor failure to grant enough. Neither
In the congress not In the public prcss,
ut tho time thnt this treaty was form
ulsted. WAS there complaint that Il
did not in the fullest and nmplcst
~ guarantee "a Colombia every
thing that she could by any color of
title dcmnnd.
Act Of Congress Strictly Followed.
Nor Is the fact to be lost sight OF
Niat the rejected treaty, while gem
crously responding To the pecuniary
demands OF Colombia. la other res
poets merely provided for the con-
attraction OF n canal in conformity
with the express requirements of the
act of the congress of June rs, 1907.
i'y that act. as heretofore quoted, the
president was authorized to acquire
ttom Colombia, for the purposes of the
canal. perpetual control" OF n certain
atrip of land. ~ IL was expressly
required that the control" thus Ia be
obtained should include jurisdiction"
TO make police and sanitary rcgula-
lions and to establish such judicial
tribunals as might be agreed on for
their enforcement.
These were conditions precedent
prescribed by the congress: and for
their fulfllment suitable stipulations,
on the ground that they involved n
REIMBURSEMENT Of her 'sovereignty;"
hut In the light of what has taken
place, alleged objection must be con-
stdered as an afterthought. In real
tty. the treaty. instead OF requiring a
cesslon of Colombia's sovereignty over
the canal strip, expressly acknOwl-
edged. confirmed. and preserved her
sovereignty over It. The treaty In
this respect simply proceeded on the
1incs on which all the negotiations
leading up to the present situation