enter into treaty with Colombia for the building of the canal across
the Isthmus of Panama; it being provided that in the event of failure
to secure such treaty after the lapse of a reasonable time, recourse
should be had to building a canal through Nicaragua. It has not been
necessary to consider this alternative, as I am enabled to lay before
the Senate a treaty providing for the building of the canal across the
Isthmus of Panama. This was the route which commended itself to the
deliberate judgment of the Congress, and we can now acquire by treaty
the right to construct the canal over this route. The question now,
therefore, is not by which route the Isthmian Canal shall be built,
for that question has been definitely and irrevocably decided. The
question is simply whether or not we shall have an Isthmian Canal.
When the Congress directed that we should take the Panama route
under treaty with Colombia, the essence of the condition, of course,
referred not to the government which controlled that route, but to the
route itself; to the territory across which the route lay, not to the
name which for the moment the territory bore on the map. The purpose
of the law was to authorize the President to make a treaty with the
power in actual control of the Isthmus of Panama. This purpose has
been fulfilled.
In the year 1846 this Government entered into a treaty with New
Granada, the predecessor upon the Isthmus of the Republic of Colombia
and of the present Republic of Panama, by which treaty it was provided
that the Government and citizens of the United States should always
have free and open right of way or transit across the Isthmus of
Panama by any modes of communication that might be constructed, while
in return our Government guaranteed the perfect neutrality of the
above-mentioned Isthmus with the view that the free transit from the
one to the other sea might not be interrupted or embarrassed. The
treaty vested in the United States a substantial property right carved
out of the rights of sovereignty and property which New Granada then
had and possessed over the said territory. The name of New Granada has
passed away and its territory has been divided. Its successor, the
Government of Colombia, has ceased to own any property in the Isthmus.
A new republic, that of Panama, which was at one time a sovereign
state, and at another time a mere department of the successive
confederations known as New Granada and Colombia, has now succeeded to
the rights which first one and then the other formerly exercised over
the Isthmus. But as long as the Isthmus endures, the mere geographical
fact of its existence, and the peculiar interest therein which is
required by our position, perpetuate the solemn contract which binds
the holders of the territory to respect our right to freedom of
transit across it, and binds us in return to safeguard for the Isthmus
and the world the exercise of that inestimable privilege. The true
interpretation of the obligations upon which the United States entered
in this treaty of 1846 has been given repeatedly in the utterances of
Presidents and Secretaries of State. Secretary Cass in 1858 officially
stated the position of this Government as follows:
“The progress of events has rendered the interoceanic route across the
narrow portion of Central America vastly important to the commercial
world, and especially to the United States, whose possessions extend
along the Atlantic and Pacific coasts, and demand the speediest and
easiest modes of communication. While the rights of sovereignty of
the states occupying this region should always be respected, we
shall expect that these rights be exercised in a spirit befitting
the occasion and the wants and circumstances that have arisen.
Sovereignty has its duties as well as its rights, and none of these
local governments, even if administered with more regard to the just
demands of other nations than they have been, would be permitted, in
a spirit of Eastern isolation, to close the gates of intercourse on
the great highways of the world, and justify the act by the pretension
that these avenues of trade and travel belong to them and that they
choose to shut them, or, what is almost equivalent, to encumber them
with such unjust relations as would prevent their general use.”
Seven years later, in 1865, Mr. Seward in different communications
took the following position:
“The United States have taken and will take no interest in any
question of internal revolution in the State of Panama, or any
State of the United States of Colombia, but will maintain a perfect
neutrality in connection with such domestic altercations. The United
States will, nevertheless, hold themselves ready to protect the
transit trade across the Isthmus against invasion of either domestic
or foreign disturbers of the peace of the State of Panama.... Neither
the text nor the spirit of the stipulation in that article by which
the United States engages to preserve the neutrality of the Isthmus of
Panama, imposes an obligation on this Government to comply with the
requisition [of the President of the United States of Colombia for a
force to protect the Isthmus of Panama from a body of insurgents of
that country]. The purpose of the stipulation was to guarantee the
Isthmus against seizure or invasion by a foreign power only.”
Attorney-General Speed, under date of November 7, 1865, advised
Secretary Seward as follows:
“From this treaty it can not be supposed that New Granada invited the
United States to become a party to the intestine troubles of that
government, nor did the United States become bound to take sides in
the domestic broils of New Granada. The United States did guarantee
New Granada in the sovereignty and property over the territory. This
was as against other and foreign governments.”
For four hundred years, ever since shortly after the discovery of this
hemisphere, the canal across the Isthmus has been planned. For two
score years it has been worked at. When made it is to last for the
ages. It is to alter the geography of a continent and the trade routes
of the world. We have shown by every treaty we have negotiated or
attempted to negotiate with the peoples in control of the Isthmus and
with foreign nations in reference thereto our consistent good faith
in observing our obligations; on the one hand to the peoples of the
Isthmus, and on the other hand to the civilized world whose commercial
rights we are safeguarding and guaranteeing by our action. We have
done our duty to others in letter and in spirit, and we have shown the
utmost forbearance in exacting our own rights.
Last spring, under the act above referred to, a treaty concluded
between the representatives of the Republic of Colombia and of our
Government was ratified by the Senate. This treaty was entered into at
the urgent solicitation of the people of Colombia and after a body of
experts appointed by our Government especially to go into the matter
of the routes across the Isthmus had pronounced unanimously in favor
of the Panama route. In drawing up this treaty every concession was
made to the people and to the Government of Colombia. We were more
than just in dealing with them. Our generosity was such as to make it
a serious question whether we had not gone too far in their interest
at the expense of our own; for in our scrupulous desire to pay all
possible heed, not merely to the real but even to the fancied rights
of our weaker neighbor, who already owed so much to our protection
and forbearance, we yielded in all possible ways to her desires in
drawing up the treaty. Nevertheless the Government of Colombia not
merely repudiated the treaty, but repudiated it in such manner as to
make it evident by the time the Colombian Congress adjourned that not
the scantiest hope remained of ever getting a satisfactory treaty
from them. The Government of Colombia made the treaty, and yet when
the Colombian Congress was called to ratify it the vote against
ratification was unanimous. It does not appear that the government
made any real effort to secure ratification.
Immediately after the adjournment of the Congress a revolution broke
out in Panama. The people of Panama had long been discontented with
the Republic of Colombia, and they had been kept quiet only by
the prospect of the conclusion of the treaty, which was to them a
matter of vital concern. When it became evident that the treaty was
hopelessly lost, the people of Panama rose literally as one man. Not
a shot was fired by a single man on the Isthmus in the interest of
the Colombian Government. Not a life was lost in the accomplishment
of the revolution. The Colombian troops stationed on the Isthmus, who
had long been unpaid, made common cause with the people of Panama,
and with astonishing unanimity the new republic was started. The duty
of the United States in the premises was clear. In strict accordance
with the principles laid down by Secretaries Cass and Seward in the
official documents above quoted, the United States gave notice that
it would permit the landing of no expeditionary force, the arrival
of which would mean chaos and destruction along the line of the
railroad and of the proposed canal, and an interruption of transit
as an inevitable consequence. The de facto Government of Panama was
recognized in the following telegram to Mr. Ehrman:
“The people of Panama have, by apparently unanimous movement,
dissolved their political connection with the Republic of Colombia
and resumed their independence. When you are satisfied that a
de facto government, republican in form and without substantial
opposition from its own people, has been established in the State
of Panama, you will enter into relations with it as the responsible
government of the territory and look to it for all due action to
protect the persons and property of citizens of the United States
and to keep open the isthmian transit, in accordance with the
obligations of existing treaties governing the relations of the
United States to that territory.”
The Government of Colombia was notified of our action by the following
telegram to Mr. Beaupré:
“The people of Panama having, by an apparently unanimous movement,
dissolved their political connection with the Republic of Colombia
and resumed their independence, and having adopted a government of
their own, republican in form, with which the Government of the
United States of America has entered into relations, the President
of the United States, in accordance with the ties of friendship
which have so long and so happily existed between the respective
nations, most earnestly commends to the Governments of Colombia and
of Panama the peaceful and equitable settlement of all questions at
issue between them. He holds that he is bound not merely by treaty
obligations, but by the interests of civilization, to see that the
peaceful traffic of the world across the Isthmus of Panama shall
not longer be disturbed by a constant succession of unnecessary and
wasteful wars.”
When these events happened, fifty-seven years had elapsed since the
United States had entered into its treaty with New Granada. During
that time the Governments of New Granada and of its successor,
Colombia, have been in a constant state of flux. The following is
a partial list of the disturbances on the Isthmus of Panama during
the period in question, as reported to us by our consuls. It is not
possible to give a complete list, and some of the reports that speak
of “revolutions” must mean unsuccessful revolutions.
May 22, 1850.—Outbreak; two Americans killed. War vessel demanded to
quell outbreak.
October, 1850.—Revolutionary plot to bring about independence of the
Isthmus.
July 22, 1851.—Revolution in four Southern provinces.
November 14, 1851.—Outbreak at Chagres. Man-of-war requested for
Chagres.
June 27, 1853.—Insurrection at Bogota, and consequent disturbance on
Isthmus. War vessel demanded.
May 23, 1854.—Political disturbances; war vessel requested.
June 28, 1854.—Attempted revolution.
October 24, 1854.—Independence of Isthmus demanded by provincial
legislature.
April, 1856.—Riot, and massacre of Americans.
May 4, 1856.—Riot.
May 18, 1856.—Riot.
June 3, 1856.—Riot.
October 2, 1856.—Conflict between two native parties. United States
forces landed.
December 18, 1858.—Attempted secession of Panama.
April, 1859.—Riots.
September, 1860.—Outbreak.
October 4, 1860.—Landing of United States forces in consequence.
May 23, 1861.—Intervention of the United States forces required, by
intendente.
October 2, 1861.—Insurrection and civil war.
April 4, 1862.—Measures to prevent rebels crossing Isthmus.
June 13, 1862.—Mosquera’s troops refused admittance to Panama.
March, 1865.—Revolution, and United States troops landed.
August, 1865.—Riots; unsuccessful attempt to invade Panama.
March, 1866.—Unsuccessful revolution.
April, 1867.—Attempt to overthrow Government.
August, 1867.—Attempt at revolution.
July 5, 1868.—Revolution; provisional government inaugurated.
August 29, 1868.—Revolution; provisional government overthrown.
April, 1871.—Revolution; followed apparently by counter revolution.
April, 1873.—Revolution and civil war which lasted to October, 1875.
August, 1876.—Civil war which lasted until April, 1877.
July, 1878.—Rebellion.
December, 1878.—Revolt.
April, 1879.—Revolution.
June, 1879.—Revolution.
March, 1883.—Riot.
May, 1883.—Riot.
June, 1884.—Revolutionary attempt.
December, 1884.—Revolutionary attempt.
January, 1885.—Revolutionary disturbances.
March, 1885.—Revolution.
April, 1887.—Disturbance on Panama Railroad.
November, 1887.—Disturbance on line of canal.
January, 1889.—Riot.
January, 1895.—Revolution which lasted until April.
March, 1895.—Incendiary attempt.
October, 1899.—Revolution.
February, 1900, to July, 1900.—Revolution.
January, 1901.—Revolution.
July, 1901.—Revolutionary disturbances.
September, 1901.—City of Colon taken by rebels.
March, 1902.—Revolutionary disturbances.
July, 1902.—Revolution.
The above is only a partial list of the revolutions, rebellions,
insurrections, riots, and other outbreaks that have occurred during
the period in question; yet they number 53 for the 57 years. It will
be noted that one of them lasted for nearly three years before it
was quelled; another for nearly a year. In short, the experience of
over half a century has shown Colombia to be utterly incapable of
keeping order on the Isthmus. Only the active interference of the
United States has enabled her to preserve so much as a semblance of
sovereignty. Had it not been for the exercise by the United States
of the police power in her interest, her connection with the Isthmus
would have been sundered long ago. In 1856, in 1860, in 1873, in
1885, in 1901, and again in 1902, sailors and marines from United
States warships were forced to land in order to patrol the Isthmus,
to protect life and property, and to see that the transit across
the Isthmus was kept open. In 1861, in 1862, in 1885, and in 1900,
the Colombian Government asked that the United States Government
would land troops to protect its interests and maintain order on the
Isthmus. Perhaps the most extraordinary request is that which has just
been received and which runs as follows:
“Knowing that revolution has already commenced in Panama [an eminent
Colombian] says that if the Government of the United States will
land troops to preserve Colombian sovereignty, and the transit, if
requested by Colombian chargé d’affaires, this government will declare
martial law; and, by virtue of vested constitutional authority, when
public order is disturbed, will approve by decree the ratification
of the canal treaty as signed; or, if the Government of the United
States prefers, will call extra session of the Congress—with new
and friendly members—next May to approve the treaty. [An eminent
Colombian] has the perfect confidence of vice-president, he says, and
if it became necessary will go to the Isthmus or send representative
there to adjust matters along above lines to the satisfaction of the
people there.”
This despatch is noteworthy from two standpoints. Its offer of
immediately guaranteeing the treaty to us is in sharp contrast with
the positive and contemptuous refusal of the Congress which has just
closed its sessions to consider favorably such a treaty; it shows
that the government which made the treaty really had absolute control
over the situation, but did not choose to exercise this control. The
despatch further calls on us to restore order and secure Colombian
supremacy in the Isthmus from which the Colombian Government has just
by its action decided to bar us by preventing the construction of the
canal.
The control, in the interest of the commerce and traffic of the whole
civilized world, of the means of undisturbed transit across the
Isthmus of Panama has become of transcendent importance to the United
States. We have repeatedly exercised this control by intervening in
the course of domestic dissension, and by protecting the territory
from foreign invasion. In 1853 Mr. Everett assured the Peruvian
minister that we should not hesitate to maintain the neutrality of
the Isthmus in the case of war between Peru and Colombia. In 1864
Colombia, which has always been vigilant to avail itself of its
privileges conferred by the treaty, expressed its expectation that
in the event of war between Peru and Spain the United States would
carry into effect the guarantee of neutrality. There have been few
administrations of the State Department in which this treaty has
not, either by the one side or the other, been used as a basis of
more or less important demands. It was said by Mr. Fish in 1871 that
the Department of State had reason to believe that an attack upon
Colombian sovereignty on the Isthmus had, on several occasions, been
averted by warning from this Government. In 1886, when Colombia was
under the menace of hostilities from Italy in the Cerruti case, Mr.
Bayard expressed the serious concern that the United States could
not but feel, that a European power should resort to force against
a sister republic of this hemisphere, as to the sovereign and
uninterrupted use of a part of whose territory we are guarantors under
the solemn faith of a treaty.
The above recital of facts establishes beyond question: First, that
the United States has for over half a century patiently and in good
faith carried out its obligations under the treaty of 1846; second,
that when for the first time it became possible for Colombia to do
anything in requital of the services thus repeatedly rendered to it
for fifty-seven years by the United States, the Colombian Government
peremptorily and offensively refused thus to do its part, even though
to do so would have been to its advantage and immeasurably to the
advantage of the State of Panama, at that time under its jurisdiction;
third, that throughout this period revolutions, riots, and factional
disturbances of every kind have occurred one after the other in almost
uninterrupted succession, some of them lasting for months and even for
years, while the central government was unable to put them down or to
make peace with the rebels; fourth, that these disturbances instead of
showing any sign of abating have tended to grow more numerous and more
serious in the immediate past; fifth, that the control of Colombia
over the Isthmus of Panama could not be maintained without the armed
intervention and assistance of the United States. In other words, the
Government of Colombia, though wholly unable to maintain order on the
Isthmus, has nevertheless declined to ratify a treaty the conclusion
of which opened the only chance to secure its own stability and to
guarantee permanent peace on, and the construction of a canal across,
the Isthmus.
Under such circumstances, the Government of the United States would
have been guilty of folly and weakness, amounting in their sum to a
crime against the Nation, had it acted otherwise than it did when
the revolution of November 3 last took place in Panama. This great
enterprise of building the interoceanic canal can not be held up to
gratify the whims, or out of respect to the governmental impotence,
or to the even more sinister and evil political peculiarities, of
people who, though they dwell afar off, yet, against the wish of the
actual dwellers on the Isthmus, assert an unreal supremacy over the
territory. The possession of a territory fraught with such peculiar
capacities as the Isthmus in question carries with it obligations to
mankind. The course of events has shown that this canal can not be
built by private enterprise, or by any other nation than our own;
therefore it must be built by the United States.
Every effort has been made by the Government of the United States to
persuade Colombia to follow a course which was essentially not only to
our interests and to the interests of the world, but to the interests
of Colombia itself. These efforts have failed; and Colombia, by her
persistence in repulsing the advances that have been made, has forced
us, for the sake of our own honor, and of the interest and well-being,
not merely of our own people, but of the people of the Isthmus of
Panama and the people of the civilized countries of the world, to
take decisive steps to bring to an end a condition of affairs which
had become intolerable. The new Republic of Panama immediately
offered to negotiate a treaty with us. This treaty I herewith submit.
By it our interests are better safeguarded than in the treaty with
Colombia which was ratified by the Senate at its last session. It is
better in its terms than the treaties offered to us by the Republics
of Nicaragua and Costa Rica. At last the right to begin this great
undertaking is made available. Panama has done her part. All that
remains is for the American Congress to do its part and forthwith this
Republic will enter upon the execution of a project colossal in its
size and of wellnigh incalculable possibilities for the good of this
country and the nations of mankind.
By the provisions of the treaty the United States guarantees and will
maintain the independence of the Republic of Panama. There is granted
to the United States in perpetuity the use, occupation, and control of
a strip ten miles wide and extending three nautical miles into the sea
at either terminal, with all lands lying outside of the zone necessary
for the construction of the canal or for its auxiliary works, and with
the islands in the Bay of Panama. The cities of Panama and Colon are
not embraced in the canal zone, but the United States assumes their
sanitation and, in case of need, the maintenance of order therein;
the United States enjoys within the granted limits all the rights,
power, and authority which it would possess were it the sovereign of
the territory to the exclusion of the exercise of sovereign rights
by the republic. All railway and canal property rights belonging to
Panama and needed for the canal pass to the United States, including
any property of the respective companies in the cities of Panama and
Colon; the works, property, and personnel of the canal and railways
are exempted from taxation as well in the cities of Panama and Colon
as in the canal zone and its dependencies. Free immigration of the
personnel and importation of supplies for the construction and
operation of the canal are granted. Provision is made for the use of
military force and the building of fortifications by the United States
for the protection of the transit. In other details, particularly as
to the acquisition of the interests of the New Panama Canal Company
and the Panama Railway by the United States and the condemnation of
private property for the uses of the canal, the stipulations of the
Hay-Herran treaty are closely followed, while the compensation to be
given for these enlarged grants remains the same, being ten millions
of dollars payable on exchange of ratifications; and, beginning nine
years from that date, an annual payment of $250,000 during the life of
the convention.
THEODORE ROOSEVELT.
WHITE HOUSE,
_December 7, 1903_.