VUL THE TRANS-ISTHMIAN CANAL: A STUDY IN AMERICAN DIPLOMATIC HISTORY (1825-1904) BY CHARLES HENRY HUBERICH, D. C. L., Adjunct Professor of Political Science and Law in the University of Texas AUSTIN, TEXAS; 1904 72665 THE TRANS-ISTHMIAN CANAL: A STUDY IN AMERICAN DIPLOMATIC HISTORY (1825-1904).1 CHARLES HENRY HUBERICH, D. C. L., Adjunct Professor of Political Science and Law, The University of Texas. The projected canal across the isthmus joining the two Americas, which has interested the governments of Europe since the discovery of the American continent, played no rôle in the foreign policy of the United States until after the Spanish-American colonies had achieved their independence. In 1825, Señor Antonio José Canaz, the representative of the Central American Republic at Washington, proposed to the United States that the two governments coöperate in the construction of the Nicaragua canal. Señor Canaz was assured of "the deep interest which is taken by the government of the United States in the execution of an undertaking which is so highly calculated to diffuse an extensive influence on the affair of mankind." In addition, Mr. Clay, then secretary of state, instructed the American chargé d'affaires in Central America to collect all data relative to the cost and practicability of the Nicaragua route. The subject aroused considerable interest in commercial circles, and a contract was actually entered into between the Central American Republic and some New York capitalists for the construction of the canal.2 The canal project was one of the topics to be discussed at the Panama congress in 1826. In the instructions to the American delegates to that congress the policy of the United States in reference to the canal is announced for the first time. "If the work should ever be executed," writes Secretary Clay, "so as to admit of the passage of sea vessels from ocean to ocean, the benefit of it ought not to be exclusively appropriated to any one nation, but 1The greater part of this article was published by the writer early in 1903, in the Revue du droit public et de la science politique, Vol. XIX, pp. 193-213. It was subsequently revised and published in the University of Texas Record, Vol. V, pp. 247-275, and in the Bulletins of the University of Texas, Humanistic Series, No. 1. "Keasbey, The Nicaragua Canal and the Monroe Doctrine, p. 143. should be extended to all parts of the globe upon the payment of a just compensation or reasonable tolls." A few years later the king of the Netherlands launched his project of a canal across Central America "to be opened on the same terms to all nations."2 As this was entirely in accordance with the American view, no diplomatic action was taken by the United States, except that the American minister to the Netherlands was instructed to endeavor to obtain for the government or citizens of the United States a majority of the shares of stock in the enterprise, and a share in the monopoly. On March 3, 1835, the Senate passed a resolution requesting right of navigating such canal to all nations, on the payment of On March 2, 1839, a similar resolution was adopted by the House of Representatives, which resulted in the sending of another agent to the isthmus, who reported in favor of the Nicaragua route, but did not deem it expedient to undertake the work at the moment, owing to the political situation in Central America. The concession for "le canal Napoléon de Nicaragua" (January 8, 1845) did not call forth any discussion in the United States. But indirectly we may attribute to it the negotiations with New Granada, which resulted in the treaty of December 12, 1846. The 'Mr. Clay to Messrs. Anderson and Sargent, May 8, 1826. Wharton, Digest of the International Law of the United States, Vol. III, p. 1. Neither of the delegates was present at the Congress. 2 The concession was obtained December 18, 1830. 3 Messages and Papers of the Presidents, Vol. III, pp. 272, 273. thirty-fifth article of this treaty provides that citizens of the United In his message to the Senate, submitting this treaty, President 1Since June 10, 1848, the date of the exchange of ratifications, the treaty has been subject to twelve months' notice of termination by either party. * Messages and Papers of the Presidents, Vol. IV, pp. 512, 513. The treaty was ratified without a dissenting vote, but already in the following year the Committee on Naval Affairs of the House referring to the guaranty of sovereignty says: "This is a very wide departure from our foreign policy hitherto, and its justification is only to be found in the exigency of the case, the overruling necessities of our position with reference to our terriories on the Pacific." On May 10, 1847, the government of New Granada granted to a French company the right to construct a railway across the isthmus of Panama, |