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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.
Americans desire to help, not
hinder, weaker powers, 83;
struction of, to Minister to with great powers, 83
Anarchist, definition of, 285;
merely one type of criminal,
dent falsity, 289; deadly foe of
147, 221; good accomplished nothing else, 289; all man-
of, 277; the handmaiden and
forerunner of tyranny, 277;
an expression of
murder before the fact, 289;
boundary made an offence against law
of nations, 299
sion, 152; report of, 152, 165;
up” rather than work of, teaches sound social
morality, 152, 165; personnel
of, 152, 165; appointment and
interview with Executive Nation, 152; quotation from
report of, 274, 275
surely in country districts, 32; tember 17, 1903, 245; battle
and Porto Rico, 333; reorgan-
tary Academy, 411
Republic of Panama, 460
Anti-trust laws will be enforced,
18, 26; appropriation for en-
forcement of, 389
ability the prime tests, 270
vocated, 358–359; discussed,
liamentary Union for, 398
Philippines amid storm of de-
Bangor, Me., speech at, August
27, 1902, 32
14, 1903, 199
Symphony Hall, August 25,
dition treaties needed, 390-
Firemen, 52; statistics, 54,