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THE MELTING POT
...,By Israel T. Zanwill
WEDNESDAY,
FEBRUARY 9, 1916
TEMPLE THEATRE
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The Pending Treaty
With Colombia
By Edwin Maxey
(Reprinted from the January "Re
view of Reviews.")
The treaty now pending in the Unit
ed States 8enate, between Colombia
and the United States, for the ad
Justment of claims by the former
against the latter is a document of
more than ordinary interest. This
statement is true whether we consider
it from the political, the legal, or the
historical viewpoint. It reopens a dip
lomatic incident of more than a decade
ago and countenances a refusal upon
the part of Colombia to recognize ac
complished facts. But this is not neces
sarily conclusive against it, for what
in the language of diplomacy is known
as a fait accompli is always subject
to review in the court of public opin
ion, where the statutes of limitation
are not so rigidly applied as in the
courts of law. Let us then in a spirit
of frankness and candor examine the
facts upon the basis of which Colombia
now seeks reparation from the United
States.
In 1903, the Hay-Herran treaty was
signed by the diplomatic agents of the
two countries acting under the advice
of their respective governments. By
the terms of this treaty, the United
States was to pay Colombia ten rail
lion dollars in gold, and an annuity
of a quarter of a million dollars a
year, gold, beginning nine years from
the ratification of the treaty. When
this treaty was signed, there was no
intimation on the part of Colombia, or
anyone else, that the United States
had overreached or attempted to over
reach, bully, trick or deceive an un
wary vendor or to drive a hard bar
gain at the expense of a weaker neigh
bor. Of such there is no evidence in
the treaty or elsewhere. And it is
worth remembering that the treaty
was negotiated and signed on the part
of Colombia under the direction of
President Maroquin, who was at that
time exercising the powers of a dicta
tor, which powers he continued to
exercise until after the treaty was re
jected, by a congress which he was
not compelled to call and which as
political creations of his were ready to
do his bidding. It is. therefore, with
in the facts to say that, between the
time of negotiating the treaty and its
rejection by Colombia, President Maro
quin had seen a new light. Nor is it
at all improbable that the light which
had bedazzled his vision was the pros
pect that negotiations might be drawn
out until after the expiration of the
franchise of the French company when
their rights could be confiscated and
the forty million which the United
States was to pay the Canal company
would go to the Colombian treasury, of
which the aforesaid Maroquin was the
watch-dog.
Panama's Revolt
But whatever may have been the
motive of the arguments for the re
jection of the treaty, whether the de
sire to enrich the Colombian treasury
at the expense of the Canal comapny,
which was the rightful owner of the
property to be transferred, or to en
rich certain Colombian politicians at
the expense of the United States treas
ury, or the inability of the Colombian
congress to alienate Colombian terri
tory, the effect of rejecting the treaty
was well understood by the people of
Panama. By them it was interpreted
to mean that their interests were be
ing Jeopardized by the government
whose duty it was to protect those in
terests, and that their progress was
being unwisely retarded by one who
should use every reasonable effort to
promote it. Nor was this an unnat
ural interpretation for them to place
upon it. Other people under similar
circumstances would have reached a
like conclusion. Given a modicum of
intelligence, and natures not altruistic
to the extent of being incapable of
being moved by considerations of self
interest, and what could be more nat
ural than for them to be disappointed
in the act of the Colombian govern
ment which had all the appearance
of ruthlessly disregarding the larger
interests of the province of Panama.
The matter was not argued at great
length. To the people of Panama it
seemed that what was necessary was
action, not argument. And according
ly they acted with promptness. With
in four days after the rejection of
the treaty and adjournment of the
Colombian congress they had declared
their independence and set up a gov
ernment of their own. Having reach
ed the conclusion that their political
guardians were recreant to their duty,
they proceeded with dispatch to dis
charge them and to act in their own
right. That every citizen of the prov
ince took part in the revolution is
improbable, but the indifferent readily
asquiesced in what the leaders did.
So far as I can find there was a much
smaller percentage of Panamans op
posed to the revolution than there
was of Tories during the American
revolution. Even the Colombian sol
diers in Panama joined In the revolu
tion. Within four days the revolution
ists were in full control and their in
dependence was recognized by the
United States and very soon there
after by the countries of Europe. A
treaty was negotiated between Pan
ama and the United States providing
for the payment to Panama of the
same amount, which under the Hay-
Herran treaty was to have been paid
to Colombia and granting to the
United States substantially the same
privileges as were granted in the Hay
Herran treaty.
Colombia "Guested Wrong"
What then is Colombia's grievarce?
What is the nature of her Injuries?
And who is responsible for them?
True, she has not received the ten
million which she expected to get, nor
the annuity, both of which went to
Panama, nor the forty million which
went to the French company, nor the
bribe to the Bogota politicians, which
stayed in the United States. .But the
fact that she did not ' get the first
two is wholly her own fault and to
the last two she never had any legiti
mate claim. I say her own fault, be
cause the United States stood willing
and ready, and there was no question
as to her ability to. carry out the pro
visions of the Hay-Herran treaty had
Colombia not rejected it. In order to
gain an uncertain advantage she sac
rificed a sure thing. She was specu
lating, and gnessed wrong. Whether
in public or private business, what
usually happens to the speculator who
guesses wrong is a loss. Colombia
now thinks that the loss due to her
mistake should be borne by the Unit
ed States. But to us it seems to be
expecting too much of the United
States to expect her to indemnify
the Latin-American 6tates against
losses due to their own errors of
judgment, and still more unreasonable
where the error, as in this case, seems
to have been one of motive. The plea
that Colombia had no power to ratify
the treaty was hypocritical, for as
soon as the revolution broke out she
was anxious to reopen negotiations
with the United States and ratify the
treaty. Their constitutional powers
were the same in both cases, but
their keenness for legal refinements
weakened perceptibly when instead of
gaining them time it was costing them
coin.
The Burden of Proof on Colombia
It is not conclusive to say that "Co
lombia feels aggrieved, and whatever
may be said as to whether or not this
feeling is justified, no one will deny
that she has sustained financial loss
in the separation of Panama from
her." The very nub of the whole
question is whether or not her feel
Ing that the United States has done
her an injury is Justified, for if not
she is asking alms instead of assert
ing a right. In order to give her case
standing in court she must assume
the burden of proof in establishing the
fact, not merely that 6he "feels ag
grieved," but that she has suffered an
injury and that not simply someone,
but that the United States Is respon
6ible for that injury. If we are to
be dispensers of charity for the pro
motion of happiness and good will
throughout the world, let it be clearly
mw
"A. 4 "(,..
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KQ AmERTISE" at the Oliver, Tuesday, Wedne.d.y .nd Wednesday Matinee, Febru-
Scene From "IT PAYS TO ADVERTISE,
understood that what we are doing is
dispensing charity rather than mis
lead ourselves or anyone els as to
the nature of the transaction by pur
porting to pay debts which we have
never Incurred and which.as a matter
of fact, do not exist.
$25,000,000 as Reparation for What?
Such being the nature and extent
of Colombia's grievances and the re
sponsibility of the United States there
for, what is the reparation provided
for by the pending treaty? The Unit
ed States agrees to pay Colombia a
lump sum of twenty-five million dol
lars, to give her coastwise vessels free
transit through the canal during the
continuance of our lease, and express
es regret. In return for this, Colom
bia agrees to do nothing, but to be
nice and neighborly in her future
relations with the United States.
While the treaty does not specify
for what injuries the lump sum of
twenty-five million is reparation, we
are not. precluded from inquiring. Nor
is this an inopportune time for such
inquiry. Though a part of it may be
compensation to Colombia for the loss
of her revisionary interest in the Pan
ama railroad, no one claims that all
of it is for this purpose. This claim
is one the justice and amount of
which could have been much more ac
curately determined by arbitration.
But waiving the inexpediency of set
tling this by negotiation rather than
by arbitration, there still is a consid
erable part of the lump sum to be
q Eye
Strain
Few things cause more dis
comfort, 111 health and general
inefficiency among students than
eye strain.
Let me test your eyes today.
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exact methods.
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