The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-19
PANAMA'S SECESSION FROM CO.
LONRTA 4 Legal ACT.


To THE EDITOR or THE SuN-Sir:
proposed expression of regret from the
United States Government for its recog-
milton OF the Republic Of Panama raises
the question whether the secession of
Panama from Colombia was or was not
q legal action.
The federation of the United States
OF Colombia was formed December II.
1919, and its constitution promulgated
July IL. 1920 At that time the lsthmus
of Panama. a separate spanish admin
istratlve departm, mt, was still under
Spanish control.
In November. 1921, the Isthmus of
Panama revolted. expelled the Spanish
garrison and set up an independent
state. In so doing 1t received no Colom-
bian assistance. Subsequently. of its
own volitiOn and reserving lis sovereign
rights. it federated with the states Of
Colombia. In 1890 Panama warned the
Colombian Government that the Illegal
assumption Of autocratic power by
Bolivar would force 1t to resume It's
separate existence. and this decision was
only modified by Bo!lvar's resignation
of the Presidency in that year. In lS41,
after five years OF Civil war. an 18TH
milan convention met ut Panama and
voted to separate from the federation
and TO resume independent sovereign
rights. Under this resolution the 18TH
mus remained independent for about
a year, when It rejoined the federation
on the promise Of PRONUNCIATION OF u
new constitution that should recognize
Its rights. Two constitutions adopted
in 1873 and 1858 We're unsatisfactory and
caused continuous instruction on the
Isthmus. Finally. by an amendment TO
the constitution OF New Granada in
1855 Panama was recognized as sOve-
reign state. while all the other provinces
remained In direct control Of the CEN
- tral Government In 1858 this amend
ment was confirmed by the promulga-
ton OF a new constitution creating the
Granadine Confederation, and constitute
ing group Of sovereign states fed
Grated for limited purposes, hut other
wise Independent and possessing at all
times the rights OF null.fiCation and
secession. In 1850 several of the states
in this federation, including Panama,
adopted ordinances OF secession, and the
President OF the republic recognized
their right TO do so in addressing the
President Of the State of Panama as
follows:
advise me that the state Of Panama II still
in union with the others and that you Will
send your plenipotentiary to take his seat
In the congress. the convocation OF which
have communicated to you.
In September. 1861 new agreement
OF federation signed by the Pr, sident Of
the State of Panama and the commits
sioner plenipotentiary of the United
States OF New Granada contained the
following specific reservations:
Article l. The sovereign state ot Panama
shall be incorporated into the new national
entity which is called the United States OF
New Granada. and shall continue in conse-
quence to form one OF the federal sovereign
states which compose that association -
with the specific reservations and condi.
tions expressed In the following article
Article II the said state TO be
hereby incorporated with the United state,
above mentioned, but this state in exercis,
OF Its sovereignty reserves TO Itself the righ
TO refuse it's approval 10 the said new pact
and to the constitution which may be drawn
up whenever In its Judgment It may violat,
the autonomy OF tho states.
This agreement was ratified by the
legislative assembly OF Panama October
Is, 1861, with the following stipulation
The Presldon, OF the state Is hereby au
thorzed, in order to reconstitute the repub
ne, 10 incorporate the SAID state therein, al
ways provided that II shall he accorded tn,
came concessions as set forth In the agree
ment Of September last
The rights OF nullihcation and seces
sion recognized In the constitution
amendment of 1885, the constitution o
1858 and the agreement of 1861 wer,
never relinqu!sAed by the citizens o
Panama, and the terms Of this agree
mrnt Of 1861 We're included in the Co
lOmbian constitution Of 1853 But not
w!thstanding this fact. "A me-" constitu
tlon promulgated In 1855 by executive
decree, and in violation of the procedur
of Amendment defined in previous con
situations purported to terminate thos
rights and to reduce the Isthmus O
Panama TO the status of crown colon
without representation in the natlona
congress- and II was held In involun
tary subsection by empowering garri
sons of the national army stationed 4
the Isthmian cities by order OF the ex
ecutive at Bogota.
The act Of secession adopted by tn
citizens of Panama in popular assembl
November g. 1903, was therefore a re
assertion of legal rights ma!ntaine
since the independence OF Panama wa
achieved by its citizens in 1921, and |
the meantime on numerous occasions as
serted by Panama, acknowledged by tn
Colombian Government and never re
hnqoiShed BY the citizens of Panama