The San Francisco call., 1904-02-27
President Formally An
nounces Requirement by
United States of the Canal
Rights on the Isthmus
LEGAL QUESTIONS
To BE ADJ listed
Minister Bunau-Varilla OF
Panama Cables ReSigna-
tion to New Republic After
: Exchange of RatiicatiOns

WASHINGTON, Feb. 2s.-President
Roosevelt to-day signed the proclama-
tion putting into effect the treaty with
Panama regarding the isthmian canal.
As soon as the proclamation was signed
II WAS returned 20 the State Depart
nent. where the exchange Of ratihca-
lions had taken place between Secre-
tary OF State Hay and Minister Bunau-
KariIla Of Panama. The Cabinet was
in session when the proclamation
reached the White House from the
State Department.. Secretary Loeb
took the document 10 the President
and he signed it Immediately.
The President may not send to the
Senate his appointments on the 18th
mian Canal Commission before the first
OF next week He has been informed
by telegraph that Benjamin NJ. Harrod
OF New Orleans has mailed to him
statement regarding the charges
against Harrcd. Until he has received
this statement and given 1t consider
alton, the probability is that the off,
ciaI announcement Of the personnel Of
The exchange Of ratifcations between
Secretary BAY and Minister Bunau-
Varilla marks the close Of diplomatic
negotiations looking TO the requirement
by the United States Of canal rights on
the isthmus running back TO the first
quarter Of the last century. What re-
mains 10 be done now is nothing more
than the adjustment Of certain legal
questions by the law officers Of this
Government The State Department
has fulfilled its functions. The legal
questions remaining TO be settled are
the pending litigation in France con-
cerning the canal and the question
whether under the terms Of the Spooner
act the SIC, 600, 900 which was to be paid
10 Colombia can now be paid TO Pan
anna.
J. viii be some time before these
Questions can be settled and meanwhile
no money is likely TO pass.
The proclamation is as follows:
RY THE PRESIDENT or THE UNITED
STATES or AMERICA.
A Proclamation.
whereas A convention by the United states
Of America and the republic of Panama 10
insure tht construction Of a ship canal across
he isthrnus of Panama 10 connect the Atlantic
and Pacihc oceans was concluded and signed
bv their r. sI,ective PIeniD0tentiaries at Wash
ington on the 18th day of November, 1908 the
original of which convention being in the
English language is word for word as follows
fhere follows Tho text n the treaty.; and,
u-herfss the said convention has been duly
ratified ca both parts ana the ratiications OF
The two covernrr. uts were exchanged in the
city ~ Washington on the 2Gth day OF Febru-
Nou- therefore. De- il known. that I. Theodore
Roosevelt President OF the United States Of
America. Rave caused the said convention 10
he made public. 10 the end that the same,
Hfafa and ola Ia
observed and fulfilled with coed faith by the
United States and The citizens thereof
my hand and caused the seal OF the United
statss of America 70 b. affixed.
Done al the city Of Washington this 26th
day OF February. in the year OF our Lord, 1900
Bnd 0f the indeDendence OF the United States
the one hundred and Nv nty-eighth.
By the President:
IOHN HAY. Secretary CT state
From the state Department Minis
ter Bunau-Varilla, with the exchange
copy sf the treaty, drove to the cable
Office and rendered his resignation as
Minister from Panama TO the Presi-
dent Of the republic in the following
dispatch:
The exchange Of Publications OF treaty has
taken place to-day at 1913. thus finishing the
accomplishment OF my duty 10 the republic OF
Panama. request your ENceilency. in con-
formity with what have expressed in my let
ter OF November - 20 the Department Of For
eiEu Affairs. 10 accept my resignation from
to-day and TO send me by next mail my letter
of recall
n. Bunau-Varilla expects to remain
In this country for fortnight and will
then go TO Paris to look after private
business. II is possible the Panama
Government viii wish NJ Bunau-Va-
rilla TO remain in charge OF the lega-
ton until his successor, DR.. Arose
mena, arrives, and il possible the Min
lister viii consent to extend his mis-
sion.
Replying TO an inquiry why the
Panama Government was not to re-
ceive to-day in accordance with the
terms OF the treaty. the $4,000. 600
which this country has pledged to pay.
the mister said.
For two reasons First because / had in
formed the officials that were a check for
this amount handed should be compelled
q return 81. because have said all along
way with the financial dealings arising from
the canal sale. and further because the Gov
eminent of Panama has not yet decided on the
programme Tor the investment. OF this sum-
and therefore would prefer that IL should not
be transferred for the present.
A second reason Is the necessity OF accom-
plishlng certain legal fOrmalities with the
Panama Canal Company which the Attorney
General OF the Lnited States thinks should be
settled before the payment OF the purchase
i,ricc- Toy this reason TIE preference OF the
Panama Govcrnment that the money be held
in trust here Tor the present is in harmony
with the wishes Of this Government
Asked about the nature of the for
malities. Bunau-Narllia said:
These forrnaHties arise from the special situ-
alton q the canal property which Is now in
the hands OF a receiver and cannot be trans
iuft.ed without authorization OF the courts
The absurd theory OF Colombia that certain
parts cf tn contract between Colornbla and
Panama stu binding while others are not
can cause only amusement even 10 the simple
Colombia has lost her sovereignty over the
Panama canal and therefore IS unable to full
an her obligations TO the Panama Canal Conn.,
pauv although Colombia seems desirous that
The Panama Canal Company shall fulhll its
obiieations 10 The Bngota Government and
decline 20 sell the canal without the consent
OF Colombia
I should say that probably not more than
month viii elapse before Panama VIII be
ready TO accept this siO,o00OOo.
The Minister to-day received formal
notification from the Korean Govern
rnent that Korea had recognized the
Independence Of Panama.