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transit open across the Isthmus, and to prevent any outside power from menacing this transit.

It seems to have been assumed in certain quarters that the proposition that the obligations of article 35 of the treaty of 1846 are to be considered as adhering to and following the sovereignty of the Isthmus, 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. It is by no means true that a state in declaring its independence rids itself of all the treaty obligations entered into by the parent government. It is a mere coincidence that this question was once raised in a case involving the obligations of Colombia as an independent state under a treaty which Spain had made with the United States many years before Spanish-American independence. In that case Mr. John Quincy Adams, Secretary of State, in an instruction to Mr. Anderson, our Minister to Colombia, of May 27, 1823, said:

By a treaty between the United States and Spain concluded at a time when Colombia was a part of the Spanish dominions

the principle that free ships make free goods was expressly recognized and established. It is asserted that by her declaration of independence Colombia has been entirely released from all the obligations by which, as a part of the Spanish nation, she was bound to other nations. This principle is not tenable. To all the engagements of Spain with other nations, affecting their rights and interests, Colombia, so far as she was affected by them, remains bound in honor and in justice. The stipulation now referred to is of that character.

The principle thus asserted by Mr. Adams was afterwards sustained by an international commission in respect to the precise stipulation to which he referred; and a similar position was taken by the United States with regard to the binding obligation upon the independent

State of Texas of commercial stipulations embodied in prior treaties between the United States and Mexico when Texas formed a part of the latter country. But in the present case it is unnecessary to go so far. Even if it be admitted that prior treaties of a political and commercial complexion generally do not bind a new state formed by separation, it is undeniable that stipulations having a local application to the territory embraced in the new state continue in force and are binding upon the new sovereign. Thus it is on all hands conceded that treaties relating to boundaries and to rights of navigation continue in force without regard to changes in government or in sovereignty. This principle obviously applies to that part of the treaty of 1846 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 already an accomplished fact. The question, and the only question, is whether or not we shall build an isthmian canal.

I transmit herewith copies of the latest notes from the Minister of the Republic of Panama to this Government, and of certain notes which have passed between the Special Envoy of the Republic of Colombia and this Government.

White House, January 4, 1904.

INDEX

recom-

no

more

А

Americans desire to help, not

hinder, weaker powers, 83;
Adams, John Quincy, 454; in desire only honorable rivalry

struction of, to Minister to with great powers, 83
Colombia, quoted, 462

Anarchist, definition of, 285;
Admiral of the Navy, 365

merely one type of criminal,
Adversity shared by all, 166 288; concern of, for working
Advocacy of the impossible, in men outrageous in its impu-
sincere, is dangerous, 66

dent falsity, 289; deadly foe of
Agriculture, Department of, 33, liberty, 289; a malefactor and

147, 221; good accomplished nothing else, 289; all man-
by, 33; work of, 148, 149, 307, kind should band against,
37.3

290
Aguinaldo, insurrection of, in Anarchy, mob violence one form
1896, 159

of, 277; the handmaiden and
Alaska, legislation

forerunner of tyranny, 277;
mended, 370, 371; value of, discussed, 285–291; legisla-
371; should have a delegate in tion recommended, 289, 290;
Congress, 371; necessity for

an expression of
practical demarcation of "social discontent" than
boundaries, 392; treaty with picking pockets or wife-beat-
Russia, 392; modus vivendi ing, 288; the advocate of, or
with Great Britain, 393; Joint apologist for, an accessory to
High Commission, 393; treaty

murder before the fact, 289;
of 1903 with Great Britain, a crime against the whole hu-
393; Boundary Tribunal, 393; man race, 290; should be
advantages of

boundary made an offence against law
award, 394; has an assured

of nations, 299
future, 402; sources of wealth, Annapolis Naval Academy, 29,
402; compared with Norway 205; origin of students, 29;
and Sweden, and Finland, title of midshipman should be
402; recommendations

restored, 326
cerning, 402; report on salmon Anthracite Coal Strike Commis-
fisheries, 403

sion, 152; report of, 152, 165;
“All men

up” rather than work of, teaches sound social
"Some men down," 270

morality, 152, 165; personnel
Alverstone, Lord, 393

of, 152, 165; appointment and
American Federation of Labor, action of, of vast benefit to

interview with Executive Nation, 152; quotation from
Council of, 275, 276

report of, 274, 275
American spirit, found most Antietam, Md., speech at, Sep-

surely in country districts, 32; tember 17, 1903, 245; battle
should be first, party spirit of, 245; importance of battle
second, 76

of, 246
465

con-

30

and Porto Rico, 333; reorgan-
ization of supply departments
recommended, 364; import-
ance of securing efficiency of
National Guard, 365; care of
worn-out horses, 365;

gradual
improvement in efficiency,
411; good effect of manæuvres
on National Guard, 411; per-
manent camp sites for man-
euvres, 411; system of pro-
motions discussed, 411; Mili-

tary Academy, 411
Arnold, F. W., 52
Arthur, Chester A., 29
Attorney-General. See Knox,

P. C.
Austria-Hungary, recognition of

Republic of Panama, 460
Aycock, Charles B., 10
Aylesworth, A. B. 393

B

Anti-trust laws will be enforced,

18, 26; appropriation for en-

forcement of, 389
Appointments, Federal, in the
South, 266-273; negro, 266-
273; character, fitness, and

ability the prime tests, 270
Arbitration between capital and

labor, 152
Arbitration, international, ad-

vocated, 358–359; discussed,
396-399; The Hague Court a
triumph of principle of, 396;
quotation from William Mc-
Kinley, 397; exemption of
private property at sea from
capture or destruction by
belligerents, 397, 398; quota-
tion from United States Su-
preme Court, 397; Interpar-

liamentary Union for, 398
Army, the, 155, 253; work in

Philippines amid storm of de-
traction, 156; beneficent re-
sults of work in Philippines,
156, 159, 363; reduction of, in
Philippines, 157, 363; legisla-
tion affecting, 160; militia
bill, 160; reduction of, 160,
364; bill creating General
Štaff, 160; must have proper
training, organization, and ad-
ministration, 161; regular,
need not be large, 161, 329;
importance and benefit of
General-Staff law, 161, 411;
American regular not inferior
to any other regular soldier,
161; party lines should not be
considered in dealing with,
161; increase not necessary at
present, 329; must be kept at
highest point of efficiency,
329, 364; American cavalry-
man best soldier for general
purposes, 329; General Staff
should be created, 329, 364;
suggestions for improvement
of, 329-333; Congress should
provide for manoeuvres on
large scale, 331, 364; benefits
of act reorganizing, 332; sug.
gestions for improvement of
National Guard, 332-333, 365,
411; great constructive
force in Philippines, Cuba,

Bangor, Me., speech at, August

27, 1902, 32
Banks, the natural servants of

commerce, 354
Bayard, Thomas F., 423
Beaupré, Arthur M., 419
Beirut, report of assassination of

vice-consul, 399
Belford, Rev. John L., 228
Belgium, 395, 396
Berkeley, Cal., speech at, May

14, 1903, 199
Big Basin, Redwood Park,

195
Blaine, James G., 358
Boston, Mass., 23; speech at

Symphony Hall, August 25,

1902, 19
Boynton, Gen. H. V., 59
Bribery, more effective extra-

dition treaties needed, 390-
391; treaty with Mexico, 391;
no crime more serious than,

391
Brigandage in Philippines, 158
Brotherhood of Locomotive

Firemen, 52; statistics, 54,

55
Butte, Mont., speech at, May 27,

1903, 213
Byzantium, 167

a

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