Evening star., 1926-12-28

by inference at least, in the absence
of forbidding restrictions. to fortify
and protect It with all military and
naval force necessary. according to
our independent Judgment.
Under our 1s46 treaty with New
Granada (of which country, Colombia,
including Panama, was then part,
together with Venezuela and Ecua-
dor,. the United States became OBJ
ligated to protect the Isthmus and
maintain peace. When in 1885
revolution broke out there against
Colombia. the United States landed
marines 70 protect free transit across
the Isthnaus, in accord with that 1S46
treaty. That act accrued to the In
terest Of Colombia, New Granada no
longer being in existence.
Panama had revolted from New
Granada in 1S41, but the rebellion
was suppresse1 and then the Colon
bian government gave Panama au-
tonomy, as recognized State OF
Panama" In 1885, the Centralist
party OF Colombia abolished this
Panama autonomy, and forced 1t into
it's former subserviency, as q province
ruled by governor appointed In
pressed, and, as President Roosevelt
declared, there were several revolu-
tions preparing in Panama at the
time he decided that America was no
longer obligated to step on the
fuses" in the interest of a bunch
of bandits" holding up the treaty to
extort more money out of the United
States. President Roosevelt was ac-
cused of fomenting the revolution, be
cause this Government recognized
the new republic within three days
after 1t had been declared. We were
obligated to maintain peace upon the
Isthmus, but we did not agree to
protect" the army of 400 boys.
"some only ~ and IA years DID,
which landed, the day after the
declaration of independence, not
knowing it had been declared-only
to be Immediately imprisoned and
shipped out of the country the fol-
lowing week.
So the republic was established
with no interference on our part, be-
yond protecting free passage of COM
merce across the Isthmus. History
gives many instances. both in
America and Europe. of immediate
recognition of revolving nations,
Brazil and the French Republic be-
ing examples-the French Republic,
both in it's revolution of 1898 against
the Baurbons and its revival in 1871.
It Ii a question not only of the
existence of a de facto new govern
ment, but of our own self-interest and
expediency as to when we shall recog-
nize a de facto government.
This principle was ably maintained
while the matter was in discussion.
S,, Of rf0
tional law by Prof. William c. Morey.
d c. L., of the Rochester bar, quot
ing both Grotius and Vattel, found
ers of international law, in main
tanning that each nation possesses
an interest IN a right of way across
the domain Of other nations. IN cases
where she finds herself deprived OF
the necessary use of certain things.
if she were absolutely barred from
using them by the consideration that
they were other peoples property"
This principle has been contested
Great Britain attempted
to lay claim to the English Channel
and war with France compelled
claimed the Baltic and established
Sound dues" upon all commerce, but
in 1857 was obliged to relinquish the
claim.
Turkey tried It as to the Darda-
nelles. and was strong enough to
maintain the exclusive control of the
Black Sea until in 1774 Russia d.
vided the control with her, and not
until the treaty OF Paris in 1871 was
the strait thrown open to interna.
tional commerce.
Spain, by reason of Balboa, claimed
ownership of the Pacific Ocean. In
1879 Secretary Evarts announced
that 'The Government of the United
States will not tolerate exclusive
claims by any nation whatsoever to
the Straits Of Magellan, and will
hold responsible any government that
undertakes, under any pretext what
ever. to lay any impost or check on
United States commerce through
those straits
BY the same principle, the United
States Is bound to hold the passage
OF the Panama Canal open to all
nations. Also, IL ever any canal be
constructed across Nicaragua, we
hold exclusive right by treaty to
construct and maintain it, but only
upon recognizing an international
right of commerce. Hence we are
ohliged to see that anarchy. calling
FOR foreign intervention in Nicaragua
las well as in Panama), be controlled.
According to Morey, having. by our
Monroe Doctrine. warned other ma
tions from Intervention. we must pro-
tect their Grotius-Vattel claims to
the right OF way across the Isthmus.
tcopyrigh<. 1925. by Paul v. collins.l