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.
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
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,
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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