The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-31


tire Difference to the views of others on
this side of the Chamber who may differ
with me in this opinion, think that the
statement of the President in this re-
spect should be accepted, and for myself
/ do accept it. Undoubtedly the
President knew of the Forthcoming revo-
luton in Panama, and so knowing it was
his duty, IN view of the imminence of in
surrectlon there, to have on the ground
a sufficient force to protect the lives
and property of American citizens.
This he did; and if he had done no
more than this he would have Gone no
more than his duty under the law or the
treaty. But, Mr.. President, that was
not all that he did, or ordered to be
done, if necessary to carry out the pur-
pose OF those orders. In specific terms he
ordered the commanders of our naval
forces both at Colon and at Panama, to
prevent the landing of troops, including
the troops of Colombia, not only upon the
transit and at it's termini, but anywhere
in the Isthmus of Panama.
l admit that under the guaranty OF
neutrality contained in the treaty of 1876
it was not only the right but the duty
of this Government to prevent Interior
ence or hostile military operation by any
foreign nation everywhere upon the 18TH.
mus. But we did not have the tight, Mr.
President, in my judgment, under any
national construction of that treaty, ~
prevent Colombia from landing and occu
plying the Isthmus and it's waters with
IT'S naval and military forces for the pur-
pose of suppressing domestic disorders
or subduing her refractory and rebel
lious subjects.
We had the-right and it was our dutv
under that clause of the treaty. to say
t. Colombia, in the event of inseurrec-
ton in Panama, You must so order anu
conduct your necessary military opera
tions as not to actually interrupt or en-
barrass the transit across the Isthmus, -
and that / believe is the extent of our
right to interfere with military operations
conducted by her in enforcing obedience
to her laws and sovereignty. We did not
have the right to say to her, you shall
not conduct hostile operations at all along
the transit" for it is unreasonable to SUI
pose that Colombia intended by that
treaty, in any contig ,ncy whatever, to
| part with her right to maintain her
Sovereignty anywhere on the Isthmus.
| Therefore / cannot escape the conclU
sion that when the President directed
| the commanders of our naval forces to
prevent the landing of troops. including
| Colombian troops with hostile lntentio Is
upon any part OF the Isthmus. or within
| so miles of the transit. he exceeded our
rights under the treaty
| 1t is no answer to this position to say
| that the President merely gave orders
| to this effect, and that as matter OF
fact no Colombian troops were prevented
by these orders from landing on the 18TH
mus with the purpose of suppressing
rebellion. These orders were received by
the persons to whom they were sent, and
undoubtedly measures were taken by
| them to carry them into effect in case of
necessity.
The purport of these orders and the in
| tention of the commanders of our forces
at Colon and Panama with respect to
them must have manifested itself and
become a matter of common knowledge
both at Bogota and on the Isthmus; ana
the known purpose of this Government
to prevent the landing of Colombian
troops, in case such landing should be at
tempted, no doubt had the effect of over
awning and preventing any attempt on
the part of Colombia to take such meas
ures as she had a right to take and would
otherwise probably have taken to sap
press the instruction.
If Colombia was intimated and deferred
by these orders of the President or the
known attitude fthis Government in
the premises from attempting to land her
forces and from taking such IL assures
as she had right to take, TIE fleet was
the same as if she had been forcibly pre-
vented by us from asserting her rights
in this behalf. Such orders and the re-
sulting attitude OF our commanders there.
whether SO intended or not, was an uu-
authorized interference on our part with
her sovereignty, if not an act OF war.
/ admit that the recognition of belii-
gerency or independence is an executive
act, which has always, so far as [ know,
been left by us to the executive branch
OF the Government. And the fact that it
may involve us in war with friendly ma
tions interposes no objection to its ex-
elusive exercise by the Chief Executive.
admit, also, that in granting recognition
it has been our practice to be governed
by considerations of public policy; that
is that we have made our recognitionS
speedy, or We have procrastinated, as
the one or the other course of action has
been thought by us to be conducive to our
national interest
But whether our recognition has been
hasty or tardy, we have always, hereto.
FORE regarded it as a condition precedent
to recognition that there should be a
government, de facto at least, reasonably
capable of maintaing itself
The President in his message seems to
admit this principle of international law,
but he contends that Panama, on accoun.
OF our treaty rights and duties and be-
cause he conceives that in the matter of
the construction of a canal connecting
the two oceans we have received a man"
date from collective civilization, that Pan
anna is excepted from its application.
This is a plea in confession and avoid
ance which, in my judgment, cannot be
admitted, but which when taken in con-
nection with the statement in the Presi-
dents message to the effect that when
the Colombian Congress adjourned with
out ratifying the treaty, and before the
revolution occurred in Panama, he was
considering referring the whole matter to
Congress for instruction whether he
should proceed to construct the canal