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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

A

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Adams, John Quincy, 454; in-
struction of, to Minister to
Colombia, quoted, 462
Admiral of the Navy, 365
Adversity shared by all, 166
Advocacy of the impossible, in-
sincere, is dangerous, 66
Agriculture, Department of, 33,
147, 221; good accomplished
by, 33; work of, 148, 149, 307,
373
Aguinaldo, insurrection of, in
1896, 159

Alaska, legislation recom-
mended, 370, 371; value of,
371; should have a delegate in
Congress, 371; necessity for
practical demarcation of
boundaries, 392; treaty with
Russia, 392; modus vivendi
with Great Britain, 393; Joint
High Commission, 393; treaty
of 1903 with Great Britain,
393; Boundary Tribunal, 393;
advantages of boundary
award, 394; has an assured
future, 402; sources of wealth,
402; compared with Norway
and Sweden, and Finland,
402; recommendations con-
cerning, 402; report on salmon
fisheries, 403

"All men up" rather than
"Some men down," 270
Alverstone, Lord, 393
American Federation of Labor,
interview with Executive
Council of, 275, 276

American spirit, found most
surely in country districts, 32;
should be first, party spirit
second, 76

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Americans desire to help, not
hinder, weaker powers, 83:
desire only honorable rivalry
with great powers, 83
Anarchist, definition of, 285;
merely one type of criminal,
288; concern of, for working
men outrageous in its impu-
dent falsity, 289; deadly foe of
liberty, 289; a malefactor and
nothing else, 289; all man-
kind should band against,
290

Anarchy, mob violence one form
of, 277; the handmaiden and
forerunner of tyranny, 277;
discussed, 285-291; legisla-
tion recommended, 289, 290;
no more an expression of
"social discontent' than
picking pockets or wife-beat-
ing, 288; the advocate of, or
apologist for, an accessory to
murder before the fact, 289;
a crime against the whole hu-
man race, 290; should be
made an offence against law
of nations, 290
Annapolis Naval Academy, 29,
205; origin of students, 29;
title of midshipman should be
restored, 326

Anthracite Coal Strike Commis-
sion, 152; report of, 152, 165;
work of, teaches sound social
morality, 152, 165; personnel
of, 152, 165; appointment and
action of, of vast benefit to
Nation, 152; quotation from
report of, 274, 275
Antietam, Md., speech at, Sep-
tember 17, 1903, 245; battle
of, 245; importance of battle
of, 246

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
Staff, 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 manœuvres
large scale, 331, 364; benefits
of act reorganizing, 332; sug-
gestions for improvement of
National Guard, 332-333, 365,
411; a great constructive
force in Philippines, Cuba,

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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 manoeuvres
on National Guard, 411; per-
manent camp sites for man-
œuvres, 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

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