Presidential addresses and state papers, Volume 2 (of 7)Roosevelt, Theodore
History
Presidential addresses and state papers, Volume 2 (of 7)
Roosevelt, Theodore
Roosevelt, Theodore, 1858-1919; United States -- Politics and government -- 1901-1909
Instead of using our forces, as we were invited by Colombia to do, for
the twofold purpose of defeating our own rights and interests and the
interests of the civilized world, and of compelling the submission of
the people of the Isthmus to those whom they regarded as oppressors,
we shall, as in duty bound, keep the transit open and prevent its
invasion. Meanwhile, the only question now before us is that of the
ratification of the treaty. For it is to be remembered that a failure
to ratify the treaty will not undo what has been done, will not
restore Panama to Colombia, and will not alter our obligation to keep
the 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.
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