The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-04

those whom they regarded as oppressors
We shall as I'm duty bound keep the tran
sit open and prevent invasion Mean
while. the only question now before us Is
that OF the ratification OF the treaty. For
Il Is 10 be remembered that a failure TO
ratify the treaty will not undo what has
been done. will not restore Panama 10
Colombia, and will not alter our obliga-
tion 10 keep the transit open across the
isthmus and to prevent any outside power
from menacing this transit.
IL seems 10 have been assumed I'm Ger
tain quarters that the proposition that the
obligations of article 3 OF the treaty Of
lSi6 are 10 be considered AZ adhering 70
and following the sovereignty OF the 18TH
mus. 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 II is by no
means true that a state In declaring It's
Independence rfds itself OF all the treaty
obligations entered into by the parent
government. IL is a mere coincidence that
this question was once raised in a case in
volving the obligations OF Colombia as an
independent state under a treaty which
Spain had made with the United States
many years before Spanish American in
dependence. I'm that care Mr.. John
Quincy Adams. secretary OF state. I'm AT
instruction 10 Mr.. Anderson. our minister
to Colombia, OF May a. 1923. said:
by a treaty between the United States
and Spain concluded at time when Co
lombia was a part of the Spanish domin-
ions the principle that free ships
make free goods was expressly recognized
and established. IL is asserted that by
her declaration OF independents Colombia
has been entirely released from all the OBJ
legations by which. as a part OF the Span
ish nation, she was bound to other ma
uons This principle is not tenable. To
all the engagements OF Spain with other
nations, affecting their rights and inter
ests. Colombia, so far as she was affected
by them. remains bound in honor and in
Justice. The suplation now referred 20 Is
OF that character
PRINCIPLE SUSTAINED.
The principle thus asserted by Mr..
Adams was afterwards sustained by an
international commission I'm respect to the
precise stiplaton TO which he referred I;
and a similar position was taken by the
United States with regard to the binding
obligation upon the independent state OF
Texas Of commercial stipulat atoms embod-
led in prior treaties between the United
States and Mexico when Texes formed a
part OF the latter country. But I'm the
present case IL Is unnecessary to go so
far. Even II II he admitted that prior
treaties OF a political and commercial
complexion generally do not bind a new
state formed by separation. II IL unde-
niabls that stipulations having local
application TO tho territory embraced I'm
the new state continue In force and are
binding upon the new sovereign Thus II
is on ell hands conceded that treaties
relating to boundaries and 10 rights OF
navigation continue in force without re-
gard 10 changes in government or I'm SOW
ereignty. This principle obviously applies
10 that part of the treaty OF lS46 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 Is al
ready an accomplished fact. The ques-
tion and the only question. is whether or
not we shall build an isthmian canal.
transmit herewith copies of the latest
notes from the minister OF the republic
Of Panama 10 this government, and Of
certain notes which have passed between
the special envoy OF the republic OF Co
lombia and this government.
THEODORE ROOSEVELT.
White House. January T. 1904.