The United States and Latin AmericaLatané, John Holladay
History
The United States and Latin America
Latané, John Holladay
Latin America -- Foreign relations -- United States; United States -- Foreign relations -- Latin America
Although the United States government was a party to endless
negotiations in regard to an inter-oceanic canal, there were only three
treaties of any practical importance prior to the close of the
nineteenth century, by which it acquired rights and assumed obligations
on that account.[142] These were (1) the treaty with New Granada
(Colombia) of 1846; (2) the Clayton-Bulwer treaty with England of 1850;
and (3) the treaty with Nicaragua of 1867. We shall proceed to examine
these in detail.
The treaty with New Granada was signed at Bogota, December 12, 1846, and
ratified by both governments in 1848. It did not differ materially from
the general draft of treaties, except in the thirty-fifth article, which
was of a special character and related to the Isthmus of Panama. By this
article "the government of New Granada guarantees to the government of
the United States that the right-of-way or transit across the Isthmus of
Panama, upon any modes of communication that now exist or that may be
hereafter constructed, shall be open and free to the government and
citizens of the United States," for the transportation of all articles
of lawful commerce upon the same terms enjoyed by the citizens of New
Granada.
And in order to secure to themselves the tranquil and
constant enjoyment of these advantages, and for the favors
they have acquired by the 4th, 5th, and 6th articles of this
treaty, the United States guarantee positively and
efficaciously to New Granada, by the present stipulation,
the perfect neutrality of the before-mentioned isthmus, with
the view that the free transit from the one to the other sea
may not be interrupted or embarrassed in any future time
while this treaty exists; and, in consequence, the United
States also guarantee, in the same manner, the rights of
sovereignty and property which New Granada has and
possesses over the said territory.[143]
This treaty was to remain in force for twenty years, and then, if
neither party gave notice of intended termination, it was to continue in
force, terminable by either party at twelve months' notice. This treaty
was in full force when the Panama revolution of 1903 took place. Under
the protection of this treaty the Panama Railroad Company, composed
mainly of citizens of the United States, secured a charter from New
Granada, and between 1850 and 1855 constructed a railroad across the
isthmus along the line of the proposed Panama canal. In consequence of
the riot at Panama in 1856, efforts were made by the United States to
modify this treaty so as to give the United States greater control and
power to protect the means of transit, but without success.[144] Other
attempts to modify it in 1868 and 1870 likewise failed.[145]
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