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INTEROCEANIC CANAL.

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longing to citizens of the United States of America, and the exportation
of all products of South America will be equally encouraged on their
commercial vessels-the North Americans becoming, as they ought to
be, for us what the Hollanders have for a long time been for the North-
ern Powers-that is to say, carriers."

From that period, as the independence of these republics became
established, and as the commercial resources and territory of the United
States became extended, the relations of this government with the States
of Central and South America grew closer, and a more direct interest
was taken in the possible completion of an interoceanic canal connection.
The subject was one to which the attention of the government was always
directed, and while for very many years there was no practical discus-
sion of the project, there was at several periods diplomatic communica-
tion indicating the general views both of the United States and the
governments of those States through whose territories the projected
canals would pass.

It is unnecessary to do more than refer to this interchange of opinion. The first diplomatic transaction by which the Government of the United States acquired treaty rights and assumed treaty obligations in reference to an isthmus canal was the treaty between the United States and New Granada, signed at Bogota 12th December, 1846, and ratified by both governments in 1848.

By the thirty-fifth article of this treaty it was stipulated:

ARTICLE XXXV.

The United States of America and the Republic of New Granada, desiring to make as durable as possible the relations which are to be established between the two parties by virtue of this treaty, have declared solemnly and do agree to the following points 1st. For the better understanding of the preceding articles, it is and has been stipulated between the high contracting parties that the citizens, vessels, and merchandise of the United States shall enjoy in the ports of New Granada, including those of the part of the Granadian territory generally denominated isthmus of Panama, from its southernmost extremity until the boundary of Costa Rica, all the exemptions, privi leges, and immunities concerning commerce and navigation which are now or may hereafter he enjoyed by Granadian citizens, their vessels and merchandise; and that this equality of favors shall be made to extend to the passengers, correspondence, and merchandise of the United States in their transit across the said territory from one sea to the other. The government of New Granada guaranties 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, and for the transportation of any articles of produce, manufactures, or merchandise, of lawful commerce, belonging to the citizens of the United States; that no other tolls or charges shall be levied or collected upon the citizens of the United States, or their said merchandise thus passing over any road or canal that may be made by the government of New Granada, or by the authority of the same, than is, under like circumstances, levied upon and collected from the Granadian citizens; that any lawful produce, manufactures, or merchandise belonging to citizens of the United States thus passing from one sea to the other, in either direction, for the purpose of exportation to any other foreign country, shall not be liable to any import duties whatever; or, baving paid such duties, they shall be entitled to drawback upon their exportation; nor shall the citizens of the United States be liable to any duties, tolls, or charges of any kind to which native citizens are not subjected for thus passing the said isthmus. And, in order to secure to themselves the tranquil and constant enjoyment of these advantages, and as an especial compensation for the said 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 guaranty, in the same manner, the rights of sovereignty and property which New Granada has and possesses over the said territory.

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2d. The present treaty shall remain in full force and vigor for the term of twenty years from the day of the exchange of the ratifications; and from the same day the treaty that was concluded between the United States and Colombia on the 3d of October, 1824, shall cease to have effect, notwithstanding what was disposed in the first point of its 31st article.

3d. Notwithstanding the foregoing, if neither party notifies to the other its intention of reforming any of or all the articles of this treaty twelve months before the expiration of the twenty years stipulated above, the said treaty shall continue binding on both parties beyond the said twenty years, until twelve months from the time that one of the parties notifies its intention of proceeding to a reform.

4th. If any one or more of the citizens of either party shall infringe any of the articles of this treaty, such citizens shall be held personally responsible for the same, and the harmony and good correspondence between the two nations shall not be interrupted thereby; each party engaging in no way to protect the offender or sanction such violation.

5th. If unfortunately any of the articles contained in this treaty should be violated or infringed in any way whatever, it is expressly stipulated that neither of the two contracting parties shall ordain or authorize any acts of reprisal, nor shall declare war against the other on complaints of injuries or damages, until the said party considering itself offended shall have laid before the other a statement of such injuries or damages, verified by competent proofs, demanding justice and satisfaction, and the same shall have been denied, in violation of the laws and of international right.

6th. Any special or remarkable advantages that one or the other power may enjoy from the foregoing stipulation are, and ought to be, always understood in virtue and as in compensation of the obligations they have just contracted, and which have been specified in the first number of this article.

This treaty was by its own stipulation to remain in full force and effect for twenty years, and then if neither party gave notice of intended termination it was to continue in force, terminable by either party by twelve months' notice. No such notice on either side has ever been given, and no other treaty with New Granada on this subject has ever been executed. This treaty is consequently of force, and the canal communication, should it be accomplished in accordance therewith, and with the concurrence of the United States that it is in such accordance, which under this treaty must be deemed essential, would be to-day under the protection and guarantee of the United States, and both its projectors and the Government of New Granada would be authorized in certain contingencies to call upon the Government of the United States for the fulfillment of this obligation.

Indeed it is proper to add that on several occasions the Government of the United States has been called on to consider and euforce its guarantee.

In 1862, Mr. Seward addressed Mr. Adams at London and Mr. Dayton at Paris as follows:

Mr. Seward to Mr. Adams.

No. 296.]

DEPARTMENT OF STATE,
Washington, July 11, 1862.

SIR: The treaty between the United States and the Republic of New Granada, signed on the 12th day of December, 1846, contains a stipulation which it will be seen was made not for any special or peculiar interest or advantage of the United States, but for the benefit and advantage of all nations, and which is in the following words, contained in the 35th article of said treaty:

"And in order to secure to themselves the tranquil and constant enjoyment of these advantages, and as an especial compensation for the said 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 guaranty, in the same manner, the rights of sovereignty and property which New Granada has and possesses over the said territory."

On the 26th of June last Mr. P. A. Herran, minister plenipotentiary of the Granadian

Confederation near the Government of the United States, transmitted to this department a note, of which a translation is hereto annexed, marked A.

In this note Mr. Herran gave information that Mosquera, a revolutionary chief, who is engaged in subverting the Granadian Confederation, had sent an armed force to occupy the isthmus of Panama, which proceeding was opposed by an unavailing protest of the governor of Panama, and Mr. Herran therefore invoked the interposition of this government in accordance with the treaty obligations above set forth.

Simultaneously with the reception of this note of Mr. Herran's, substantially the same information which it gave was received from our consul residing at Panama, and the President therefore instructed our naval commander at that port to take care to protect and guarantee at all hazards, and at whatever cost, the safety of the railroad transit across the isthmus of Panama. Mr. Herran now insists that, owing to the character of the population on the isthmus and the revolutionary condition of that region, the security of the transit across the isthmus cannot be adequately insured by the presence and activity of a mere naval force, and that the Granadian Confederation is entitled, therefore, to the special aid of a land force to be sent from the United States, and suggests that it should be made to consist of three hundred cavalry.

This government has no interest in the matter different from that of other maritime powers. It is willing to interpose its aid in execution of its treaty and for the benefit of all nations. But if it should do so it would incur some hazard of becoming involved in the revolutionary strife which is going on in that country. It would also incur danger of misapprehension of its objects by other maritime powers if it should act without previous consultation with them. The revolutionary disturbances existing in that quarter are doubtlessly as well known and understood by the Governments of Great Britain and France as they are by this government, and they are probably also well informed of the proceedings of Mosquera, which has moved Mr. Herran's application to the President. He desires an u derstanding with these two governments upon the subject, and you are therefore instructed to submit the matter to Earl Russell, as Mr. Dayton will likewise be instructed to confer with Mr. Thouvenel. The points to be remembered are:

First. Whether any proceeding in the matter shall be adopted by the United States with the assent and acquiescence of the British and French Governments.

Secondly. What should be the force and extent of the aid to be rendered to the Granadian Confederation.

Thirdly. Whether these governments will unite with the United States in guaranteeing the safety of the transit and the authority of the Granadian Confederation, or either of these objects, and the form and manner in which the parties shall carry out such agreement.

I hardly need say that this government is not less anxious to avoid any such independent or hasty action in the matter as would seem to indicate a desire for exclusive or especial advantages in New Granada than the British Government can be that we shall abstain from such a course.

I am, &c., &c.,

WILLIAM H. SEWARD.

The same, mutatis mutandis, to Mr. Dayton at Paris, No. 180.

Mr. Adams responded as follows: No. 201.]

LEGATION OF THE UNITED STATES,
London, August 1, 1862.

SIR: Yesterday I had a conference with Lord Russell at the foreign office, in the course of which I went over the various subjects whereupon I had received instructions in your late dispatches. I propose to review them in the order in which they came up.

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Lastly I read to his lordship the dispatch No. 296, relating to the claim of Mr. Herran for the fulfillment of the guarantee to New Granada to protect the transit on the Isthmus of Panama. I observed that it must be obvious that the Government of the United States could not desire just at this time to enlarge the field of operation for its forces; hence that its performance of this obligation would necessarily depend only upon a full conviction of its imperative character. On that point it would be glad to consult with other powers most interested in the transit which it was the object to preserve. His lordship seemed already well informed of the facts in the case. He said that he did not yet perceive the contingency to have occurred which called for interposition. It was true that General Mosquera was in occupation of the territory in resistance to the Granadian Government. Such things were happening all the time in South America. But there had been no attempt, so far as he knew, to obstruct the free transit across the isthmus, nor did he understand that any disposition had been shown to do Until there should be some manifestation of the sort, any demonstration might

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have the appearance of interposing to effect a different purpose. His lordship added that on the happening of an actual derangement of the communication the British Government would readily co-operate with the United States in the measures that might be thought necessary to make good the privileges secured by the guarantee.

I believe this closed all the topics to which it had been made my duty especially to call his lordship's attention. I then took my leave of him, probably for the season, as he spoke of his departure from town next week, and mentioned that the under secretary would in his absence attend to the transaction of any business that I might have occasion to propose.

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I have, &c.,

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Mr. Dayton responded as follows:

No. 185.]

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CHARLES FRANCIS ADAMS.

PARIS, August 29, 1862.

SIR: I have to-day called the attention of Mr. Thouvenel to your dispatch No. 180, in reference to the application of New Granada for assistance in the preservation of the neutrality of the isthmus and the sovereignty of that country. Somewhat to my surprise, I found that your dispatch had not been submitted by the minister ad interim to Mr. Thouvenel on his return, and that, in point of fact, he had not yet seen it. He informed me, however, that the same question substantially had been presented to him through Mr. Mercier, and that a written reply had been forwarded some days since, which doubtless has been or will be promptly communicated to you. Mr. Thouvenel, however, seemed to think your communication was rather in the nature of a conference as to what you should under the circumstances do, than as indicating any fixed determination to act in the premises. He says that in the view be took he did not see that it was necessary that you should under the treaty do anything at all. That the neutrality of the isthmus was not in question and the railroad had not been disturbed. He said that whether one party or the other had control of the Government of New Granada did not affect the question. That France had not recognized Mosquera or his government because there was an opposition in arms against him, or, in other words, there was a civil war between opposing parties. That if the railroad were about to be interrupted or destroyed he would not think it improper for the United States to interfere, but if matters remained now as they were a month since, when his advices were received, he thought it uncalled for at this time by any treaty stipulation. He referred, too, to the somewhat anomalous position of Mr. Herran, who made the call for interference, and who, he seemed to think, did not represent the government actually in power. He further said that a few days since the British ambassador had applied to them to know what view the French Government took of this matter, and he had sent him by way of reply a copy of his late note to Mr. Mercier. That they had not as yet heard what action the British Government had taken upon the question.

The above is the substance of our conversation. I should have asked from Mr Thouvenel (as I had from Mr. Rouher) a written reply, but for the fact stated that he had already written to Mr. Mercier. If you have occasion to communicate to the Government of New Granada the view taken by France, a copy of this note, if asked for, will doubtless be supplied by Mr. Mercier.

I am, &c.,

WM. L. DAYTON.

In 1864 the Government of the United States was called upon to interfere, if the necessity should arise, to prevent the importation of troops and munitions of war by Spaiu across the Isthmus of Panama for the purpose of carrying on war against Peru. And although fortunately the necessity did not arise, the Attorney-General, to whom the case was referred for an opinion, held that under the guarantee of the treaty such interference would be obligatory. (Opinions Attorney-General, vol. xi, p. 69.)

In 1865 the question arose as to the obligation of the United States to comply with the requisition of the President of the United States of Colombia (New Granada) for a force to protect the Isthmus of Panama from invasion by a body of insurgents of that country. In this case the Government of the United States held, under the opinion of the AttorneyGeneral, and so communicated to its representative at Bogota, that the guarantee of New Granada in the sovereignty and property over the territory was only as against other and foreign governments, and did

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