TO
the Senate and House of Represent *
tivcs :
The country is to be congratulated o
< ffie amount of substantial achievemei
tvliich has marked the past year both a
Tegards our foreign and as regards ou
domestic policy.
With n nation as with a man the mo.
Important things are those of the hous <
hold , und therefore the country is ej
pecially to be congratulated on what ha
been accomplished in the direction c
providing for the exercise of supervisio
over the great corporations and comb
cations of corporations engaged in ii
terstate commerce. The Congress ha
created the Department of Commerc
md Labor , including the Bureau of Coi
Derations , with for the first time authoi
Ity to secure proper publicity of sue
proceedings of these great corporation
s the public has the right to know. I
has provided for the expediting of suit
for the enforcement of the federal ant
trust law ; and by another law it ha
ecured equal treatment to all producer
In the transportation of their goods , thu
taking a long stride forward in makm
effective the work of the Interstate Com
saerce Commission.
The establishment of the Departmen
f Commerce and Labor , with the Bu
feau of Corporations thereunder , mark
real advance in the direction of doini
all that is possible for the solution o
the questions vitally affecting capitalist
and wage workers. The preliminar ;
Work of the Bureau of Corporations ii
( lie department has shown the wisdon
of its creation. Publicity in corporat
affairs will tend to do away with ignor
ance , and will afford facts upon whicl
Intelligent action may be taken.
The Department of Commerce and La
fcor will be not only the clearing housi
for information regarding the busines :
transactions of the nation , but the execu
tive arm of the government to aid ii
Btrengthening our domestic and foreigi
markets , in perfecting our transportatioi
facilities , in building up our merchan
marine , in preventing the entrance oi
undesirable immigrants , in improving
commercial and industrial conditions , ant
ID bringing together on common grouuc
those necessary partners in industria
progress capital and labor.
Capital and Labor.
The consistent policy of the natioua
government , so far as it has the power ,
is to hold in check the unscrupulous
man , whether employer or employe ; bul
to refuse to weaken individual initiative
Or to hamper or cramp the industrial de-
Telupaicut of the country. AVe recognize
that this is an era of federation and com
bination , in which great capitalistic cor
porations and labor unions have become
factors of tremendous importance in all
Industrial centers. Hearty recognition is
iven the far-reaching , beneficent work
which has been accomplished throusli
both corporations and unions , and the
line as beteen different corporations , as
between different unions , is drawn as it
Ja between different individuals ; that is ,
It is drawn on conduct , the effort being
to treat both organized capital and or
ganized labor alike ; asking nothing save
that the interest of each shall be brought
Into harmony with the interest of the
general public , and that the conduct of
each shall conform to the fundamental
rules of obediewe to law , of individual
freedom , and of justice and fair dealing
.towards all.Vheuever either corpora
tion , labor union or individual disre
gards the law or acts in a spirit of arbi
trary and tyrannous interference with
the rights of others , whether corpora
tions or individuals , then where the fed
eral government has jurisdiction , it will
see to it that the misconduct is stopped ,
paying not the slightest heed to the posi
tion or power of the corporation , the
auion or the individual , but only to one
Tital fact that is , the question whether
or not the conduct of the individual or
Aggregate of individuals is in accordance
with the law of the land. Every man
must be guaranteed his liberty and his
right to do as he likes with his property
or his labor , so long as he does not in-
Sringe the rights of others. No man Is
above the law and no man is below it ;
nor do we ask any man's permission
when we require him to obey it. Obedi
ence to the law is demanded as a right ;
sot asked as a favor.
Government Finances.
Prom all sources , exclusive of the
postal service , the receipts of the govern
ment for the last fiscal year aggregated
| 560.396G74. The expenditures for the
jsame period were $500,099,007 , the snr-
tolus for tlip fiscal year being $54,297,007.
The indications are that the surplus for
the present fiscal year will be very small ,
if indeed there be any surplus. From
July to November the receipts from cus
toms were , approximately , nine million
dollars less than the receipts from the
aame source for a corresponding portion
/of / last year. Should this decrease con-
jllnue at the same ratio throughout the
fiscal year , the surplus would be reduced
by. approximately , thirty million dollars.
Should the revenue from customs suffer
much further decrease during the fiscal
year , the surplus would vanish. A large
surplus is certainly undesirable. Two
fears ago the war taxes were taken off
Wrlth the express intention of equalizing
flbe governmental receipts and expendi-
fcnres , and though the first year thereaf
ter still showed a surplus , it now seems
likely that a substantial equality of reve
nue and expenditure will be attained.
Such being the case , it is of great mo
ment both to exercise care and economy
in appropriations , and to scan sharply
any change in our fiscal revenue system
which may reduce our income. The need
of strict economy in our expenditures is
Emphasized by the fact that we cannot
Afford to be parsimonious in providing
for what is essential to our national well-
being. Careful economy wherever possi
ble will alone prevent our income from
falling below the point required in order
to meet our genuine needs.
The integrity of our currency is be
yond question , and under present condi
tions it would be unwise and unneces
sary to attempt a reconstruction of our
entire monetary system. The same lib
erty should be granted the Secretary of
the Treasury to deposit customs receipts
as is granted him in the deposit of re
ceipts from other sources. In my mes
sage of Dec. 2 , 1902 , I called attention
to certain needs of the financial situation ,
and I again ask the consideration of the
Congress for these questions.
Merchant Marine.
A majority of our people desire that
fttepa be taken in the interests of Amer
ican shipping , so that we may once more
resume our former position in the ocean
carrying trade. But hitherto the differ
ences of opinion as to the proper method
Of reaching this end have been so wide
that it has proved impossible to secure
the adoption of any particular scheme.
Having in view these facts , I recom
mend that the Congress direct the Sec
retary of the Navy , the Postmaster Gen
eral and the Secretary of Commerce and
Labor , associated with such a representa
tion from the Senate and House of Rep
resentatives as the Congress in its wis
dom may designate , to serve as a com
mission for the purpose of investigating
and reporting to the Congress at its next
session what legislation is desirable or
necessary for the development of the
American merchant marine and Ameri
can commerce , and incidentally of a na
tional ocean mail service of adequate
auxiliary naval cruisers and naval re-
eerves. While such a measure is desira
ble In any event , it is especially desira-
blt at this time , In view of the fact that
- . , - > . .m.-t. . m.isa - , -
our present governmental contract fc
ocean mail with the American Line wi
expire in 1905. Moreover , lines of carg
ships are of even more importance tha
fast mail lines ; save so far as the latte
can be depended upon to furnish swil
auxiliary cruisers in time of war.
Immigration.
We cannot have too much imraigratio
of the right kind , and we should hav
none at all of the wrong kind. The nee
is to devise some system by which undf
sirable immigrants shall be kept out er
tirely , while desirable immigrants ar
properly distributed throughout the cout
try.The
The special investigation of the sut
ject of naturalization under the directio :
of the Attorney General , and the consequent
quent prosecutions , reveal a condition o
affairs calling for the immediate atten
tion of the Congress. Forgeries and pei
juries of shameless and flagrant charac
ter have been perpetrated , not only ii
the dense centers of population , bu
throughout the country ; and it is estab
lished beyond doubt that very many so
called citizens of the United States havi
no title whatever to that right , and ar
asserting and enjoying the benefits o
the same through the grossest frauds
The body politic cannot be sound am
healthy if many of its constituent mem
bera claim their standing through thi
prostitution of the high right and callinj
of citizenship. It should mean some
thing to become a citizen of the Unite (
States ; end in the process no loophoh
whatever should be left open to fraud.
In my last annual message , in connec
tion with the subject of the due regula
tion of combinations of capital which an
or may become injurious to the public , J
recommended a special appropriation foi
the better enforcement of the anti-trusl
law as it now stands , to be expended un
der the direction of the Attorney Gen
eral. Accordingly the Congress appro
priated the sum of five hundred thousand
ilollars , to be expended under the direc
tion of the Attorney General in the em
ployment of special counsel and agents
in the Department of Justice to conducl
proceedings and prosecutions under saic ]
laws in the courts of the United States.
I uo\v recommend , as a matter of the ut
most importance and urgency , the exten
sion of the purposes of this appropria
tion , so that it may be available , under
the direction of the Attorney General ,
and until used , for the due enforcement
of the laws of the United States in gen
eral and especially of the civil and crim
inal laws relating to public lands and
the laws relating to postal crimes and
offenses and the subject of naturaliza
tion. Recent investigations have shown
a deplorable state of affairs in these
three matters of vital concern.
By various frauds and by forgeries
and perjuries , thousands of acres of the
public domain , embracing lands of dif
ferent character and extending through
various sections of the country , have
been dishonestly acquired , ft is hardly
necessary to urge the importance of re
covering these dishonest acquisitions ,
stolen from the people , and of promptly
and duly punishing the offenders.
Postal Frauds.
1 speak in another part of this mes
sage of the widespread crimes by which
the sacred right of citizenship is falsely
asserted and that "inestimable heritage"
perverted to base ends. By similar
means that is , through frauds , forgeries
and perjuries , and by shameless briberies
the laws relating to the proper conduct
of the public service in general and to
the due administration of the Postoffice
Department have been notoriously violated
lated , and many indictments have been
found , and the consequent prosecutions
are in course of hearing or on the eve
thereof. For the reasons thus indicated ,
and so that the government may be pre
pared to enforce promptly and with
the greatest effect the due penalties for
such violations of law , and to this end
may be furnished with sufficient in
strumentalities and competent legal
isslstancc for the Investigations and trials
tvhlch will be necessary at rajiny different
points of tne country , I urge upon the Con
gress the necessity of making the said ap
propriation available for Immediate use for
ill such purposes , to be expended under the
lirectlon of the Attorney-General.
Steps have been taken by the State De-
inrtment looking to the making of bribery
in extraditable offense with foreign pow-
} rs. The need of more effective treaties
covering this crime Is manifest. The ex
posures and prosecutions of official cor
ruption In St. Louis , Mo. , and other cities
md States have resulted In a number of
jlvers and takers of bribes becoming fugl-
; lves In foreign lands. Bribery has not
) een Included In extradition treaties here-
.oforc. as the necessity for It has not aria-
n. While there may hnve been as much
> fliclal corruption In former years , there
ins been moredevelopcd and brought to light
n the Immediate past than In the preceding
'cntury of our country's history. It should
> e the policy of the United States to leave
10 place on earth where a corrupt man
leelng from this country can rest In peace.
There Is no reason why bribery should not
e Included In all treaties as extraditable.
Alaskan Boundary.
For several years past the rapid develop-
aent of Alaska and the establishment of
rowing American Interests in regions there-
ofore unsurveyed nnd Imperfectly known
irought Into piomlnence the urgent neces-
Ity of a practical demarcation of the boun-
iarles between the Jurisdictions of the
Jnited States and Great Britain. Although
he treaty of 1825 between Great Britain
nd Russia , the provisions of which were
opled In the treaty of 1867 , whereby Rus-
la conveyed Alaska to the United States ,
ras positive as to the control , first by Rus-
la and later by the United States , of a
trip of territory along the continental main
ind from the western shore of Portland
Janal to Mount St. Ellas , following and
tirroundlng the Indentations of the const
nd including the islands to the westward ,
ts description of the landward margin of
lie strip was Indefinite , resting on the sup-
osed existence of a continuous ridge or
ange of mountains skirting the coast , as
gured in the charts of the early navigators
t had at no time been possible for either
arty In Interest to lay down , under the
uthority of thp treaty , a line so obviously
ract according to Its provisions as to cnm-
land the assent of the other. For nearly
tiree-fourths of a century the absence of
inglble local Interests demanding the ex-
rclse of positive Jurisdiction on either side
f the border left the question dormant. A
ermanent disposition of the matter finally
ecnme Imperative.
After unavailing attempts to reach nn un-
erbtandlng through a Joint High Commls-
ion , followed by prolonged negotiations ,
[ inducted In nn amicable spirit , a conven-
: on between the United States and Great
rltaln was signed. January 24 , 1903. pro-
Iding for nn examination of the subject
y a mixed tribunal of six members , three
n a side , with a view to Its final dlspo-
tlou. Ratifications were exchanged on
[ arch 3 last , whereupon the two Govern-
tents appointed their respective members ,
n the twentieth of October a ma-
irlty of the tribunal reached and signed
a agreement on all the questions submitted
y the terms of the convention. By this
ward the right of the United States to the
introl of a continuous strip or border of
le mainland shore , skirting all the tlde-
nter Inlets und sinuosities of the coast. Is
jnfirmed.
The result Is satisfactory In every way.
: Is of great material advantage to our
eople in the Far Northwest. It has re-
toved from the field of discussion and
jssible danger a question liable to become
iore acutely accentuated with each passing
ear. Finally , It has furnished n signal
roof pf the fairness nnd good will with
hlch two friendly nations can approach
id determine Issues Involving national sov-
elgnty.
Claims Ajramst Venezuela.
It will be remembered that during the
: coud session of the last Congress Great
ritalu , Germany , aud Italy formed an alll-
ice for the purpose of blockading the
> rts of Venezuela and using such other
enns of pressure as would secure a settle-
ent of claims due , u they alleged , to cer
tain of their subjects. Their employment <
force for the collection of these claims wi
terminated by nn agreement brought nboi
through the offices of the diplomatic repr
sentatives of the United States at Caracj
and the Government at Washington , ther
by ending a situation which was bound 1
cause Increasing friction , and which Jeopa
dlzed the peace of the continent. Undi
this agreement Venezuela agreed to B <
apart a certain percentage of the custon
receipts of two of her ports to be appllc
to the payment of whatever obllgutloi
might be ascertained by mixed comml
slons appointed for that purpose to be dt
from her , not only to the three powers a
ready mentioned , whose proceedings again !
her had resulted In n state of war , but als
to the United States , France , Spain , Be
glum , the Netherlands. Sweden ana Norway
and Mexico , who had not employed fore
for the collection of the claims alleged to b
due to certain of their citizens.
A demand was then made by the so-calle
blockading powers that the sums nscertah
ed to be due to their citizens by sue
mixed commissions should be accorded paj
ment In full before anything was pal
upon the claims of any of the so-callc
peace powers. Venezuela , on the othc
hand. Insisted that all her creditors shoul
be paid upon a basis of exact cqualltj
During the efforts to adjust this dispute I
was Guggested by the powers In Interea
that it should be referred to me for d
cislon , but I was clearly of the oplnlo
that a far wiser course would be to sut
uJt the question to the Permanent Cour
of Arbitration at The Hague. It seeme
to me to offer an admirable opportunity t
advance the practice of the peaceful settle
meut of disputes between nations and to se
cure for the Hague Tribunal a memorabl
Increase of Its practical Importance. Th
nations Interested In the controversy wer
so numerous and In many Instances s
powerful as to make It evident that benefl
cent results would follow from their ap
pearance at the samp time before the ba
of that august tribunal of peace.
Our hopes In that regard have been real
tzed. Russia nnd Austria are representei
In the persons of the learned and dlstln
gulshed jurists who compose the tribunal
while Great Britain , Germany , France
Spain , Italy , Belgium , the Netherlands
Sweden and Norway , Mexico , the Unltec
States , and Venezuela are represented bj
their respective agents and counsel.
There seems good ground for the belle ;
that there has been a real growth among
the civilized nations of a sentiment whlcl
will permit a gradual substitution of othei
methods than the method of war In th (
settlement of disputes. It is not pretendec
: hut as yet we are near a position In whlcl
t will be possible wholly to prevent war
or that a Just regard for national luteresl
and honor will In all cases permit of the
settlement of International disputes by ar
bitratlon ; but by n mixture of prudence
and firmness with wisdom we think It is
possible to do away with much of the provo
cation nnd excuse for war , and at least In
many cases to substitute some other and
more rational method for the settlement ol
disputes.
.Relations with Turkey nnd China.
ISarly in July , having received intelligence ,
which happily turned out to be erroneous ,
of the assassination of our Vice Consul
at Beirut , I dispatched a small squadron
to that port for such sen-Ice as might be
found necessary on arrival. Although the
attempt on the life of our Vice Consul
had not been successful , yet the outrage
was symptomatic of a state of excitement
und disorder which demanded immediate at
tention. The arrival of the vessels had the
happiest result. A feeling of security at
once took the place of the former alarm
nud disquiet ; our officers were cordially
welcomed by the consular body and the
leading merchants , and ordinary business
resumed its activity. The Government of
the Sultan gave a considerate hearing to
the representations of our minister ; ihe of
ficial who was regarded as responsible for
the disturbed condition of affairs was re
moved. Our relations with the Turkish
Government remain friendly ; our claims
founded on inequitable treatment of some
of our schools and missions appear to be In
process of amicable adjustment.
The signing of a new commercial treaty
with China , which took place at Shanghai
on the 8th of October , Is a cause for satis
faction. This act , the result of long dis
cussion and negotiation , places our com
mercial relations with the great Oriental
Empire on a more satisfactory footing than
they have ever heretofore enjoyed. It pro
vides not only for the ordinary rights and
privileges of diplomatic and consular offi
cers , but also for an important extension
of our commerce by increased facility of
nccess to Chinese ports , and for the relief
af trade by the removal of some of the
obstacles which have embarrassed It In
the past. The full measure of develop
ment which our commerce may rightfully
expect can hardly be looked for until the
settlement of the present abnormal state
) f things In the Empire ; but the founda-
: iou for such development has at last been
aid.
Rural Free Delivery.
The rural free-delivery service has been
steadily extended. The attention of the
Congress is asked to the question of the
: ompcnsatioD of the letter carriers and
'lerks engaged In the postal service , espe-
: lally on the new rural free-delivery routes.
Vlore routes have been installed since the
irst of July last than In any like period
n the Department's history. While a due
egard to economy must be kept in mind
n the establishment of new routes , yet
: he extension of the rural free-delivery
lystem must be continued , for reasons of
; ound public policy. No governmental
novement of recent years has resulted In
greater immediate benefit to the people of
he country districts. Rural free delivery ,
aken In connection with the telephone ,
he bicycle , and the trolley , accomplishes
nuch toward lefining the Isolation of
arm life and ma ug it brighter uud more
ittractive. Rural free delivery Is not only
. good thing In itself , but is good because
t is one of the causes which check this
inwholesome tendency toward the urban
oncentration of our population at the ex-
iense of the country districts. It Is for
he same reason that we sympathize with
nd approve of the policy of building good
oads.
oads.Alaska
Alaska and Insular Possessions.
I call your special attention to the Ter-
itory of Alaska. The country Is develop-
ug rnpldly , and It has an assured future.
? he mineral wealth Is great and has as yet
ardly been tapped. The fisheries , If wiser -
r handled and kept under national con-
rol , will be a business as permanent as
ny other , and of the utmost Importance
0 the people. The forests If properly
uarded will form another great source of
realth. Portions of Alaska are fitted for
arming and stock raising , although the
icthods must be adapted to the peculiar
ondltlons of the country , Alaska Is sltu-
ted In the far north : but BO are Norway
nd Sweden and Finland ; and Alaska can
rosper and play Its part In the New
Vorld just as those nations have prosper-
d and played their parts In the Old World.
Of our Insular possessions the Phillp-
Ines and Porto Rico It Is gratifying to
ay that their steady progress has been
uch as to make It unnecessary to spend
mch time In discussing them. Yet the
ougress should ever keep In mind that a
eculiar obligation rests upon us to fur-
icr In every way the welfare of these
ommunltles. The Philippines should be
nit closer to us by tariff arrangements.
t would , of course , be Impossible sudden-
r to raise the people of the islands to the
Igh pitch of Industrial prosperity and of
overumental efficiency to which they will
1 the end by degrees attain ; and the cau-
on and moderation shown In developing
lern have been among the main reasons
hy this development has hitherto gone
a BO smoothly. Scrupulous care has been
iken In the choice of governmental agents ,
nd the entire elimination of partisan poll-
cs from the public service. The condi-
on of the islanders Is In material things
ir better than ever before , while their
3vernmental , Intellectual , and moral ad-
unce has kept pace with their material
Ivance. No one people ever benefited an
ther people more than we have benefited
le Filipinos by taking possession of the
landb.
Public Land Ln-wa.
Experience has shown that In the West-
n States themselves , as well as In the
: st of the country , there Is widespread
mvictlon that certain of the public-land
ws and the resulting administrative prac-
ce no longer meet the present needs. The
laracter nnd uses of the remaining pub-
c lands differ widely from those of the
ibllc lands which Congress had especially
i view when these laws were passed. The
tpldly Increasing rate of disposal of the
ibllc land Is not followed oy a corre
spending Increase In home building. Ther
Is a tendency to mass In large holding
public lands , especially timber and grazln
lands , and thereby to retard settlement
I renew and emphasize my recommendatlo
of last year that so far as they are aval
able for agriculture In Its broadest sense
and to whatever extent they may be n
claimed under the national Irrigation Ia
the remaining public lands should be hel
rigidly for the home bu'lder. The ntteu
tion of the Congress Is especially directs
to the timber and stone law , the deseri
land law * and the commutation clause o
the homestead law , which In their opera
tion have In many respects conflicted wltl
wise public-land policy.
The work of reclamation of the arli
lands of the West Is progressing stendll'
and satisfactorily under the terms of th'
law settlug aside the proceeds from th
disposal of public lands. Surveys and ex
amlnatlons are progressing throughout tin
arid States and Territories , plans for re
claiming works being prepared and passei
upon by boards of engineers before approv
al by the Secretary of the Interior Ii
Arizona and Nevada. In localities when
such work Is
pre-eminently needed con
structlon has already been begun. In othe
of the arid West
parts various projects an
well advanced toward the drawing HD o
contracts , these being delayed In part bi
necessities of reaching agreements or an
derstandlng as regards rights of war 01
acquisition of real estate.
During the year ended June 30 last 25.
566 persons were appointed through com
petltlve examinations under the clvll-ser
vice rules. This was 12,672 more thai
during the preceding year , and 40 per ceni
of those who passed the examinations
This abnormal growth was largely occa
sloned by the extension of classification tc
the rural free-delivery service nnd the an
polntment last year of over 9.000 rural
carriers. A revision of the clvll-servlc
rules took effect on April 15 last , whlcl
has greatly Improved their operation.
Army and Navy.
The effect of the Inws providing a Gen
eral Staff for the Army and for the more
effective use of the National Guard has
been excellent. Great Improvement has
been made In the efliclency of our Army
In recent years. Such schools as those
erected at Fort Leavenworth and Fort RIley -
ley and the Institution of fall maneuver
work accomplish satisfactory results. The
good effect of these maneuvers upon the
National Guard Is marked , and ample ap
propriation should be made to enable the
guardsmen of the several States to share
In the benefit. The government should as
soon as possible secure suitable perma
nent camp sites for military maneuvers In
the various sections of the country. The
service thereby rendered not only to the
Regular Army , but to the National Guard
of the several States , will be so great as
to repay many times over the relatively
small expense. We should not rest satis-
fled with what has been dune , however.
The only people who ure contented with a
system of promotion by mere seniority are
those who are contented with the tr'umph
of mediocrity over excellence. On the
other hand a system which encouraged the
exercise of social or political favoritism In
promotions would be even worse. But It
would surely be easy to devise a method
of promotion from grade to grade In which
the opinion of the higher officers of the
service upon the candidates should be de
cisive upon the standing and promotion of
the latter. Just such a system now ob
tains at West Point.
I heartily congratulate the Congress upon
the steady progress In building up the
American Navy. We can not afford a let
up In this great work. To stand still means
to go back. There should be no cessation In
adding to the effective units of the fighting
strength of the fleet. Meanwhile the Navy
Department and the officers of the Navy
are doing well their part by providing con
stant service at sea under conditions akin
to those of actual warfare. Our ofiicers
and enlisted men are learning to handle the
battle ships , cruisers , and torpedo boats
with high efficiency In fleet nnd squadron
formations , and the standard of marksman
ship Is being steadily raised.
j It Is eminently desirable , however , that
there should be provided a naval general
staff on lines similar to those of the Gen
eral Staff lately created for the Army.
Isthml-m Canal.
By the act of June 28 , 1902 , the Congress
authorized the President to 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 se
cure such treaty after the lapse of a rea
sonable time , recourse should be had to
building a canal through Nicaragua. It has
tot been necessary to consider this alteijna-
tlve , as I am enabled to lay before the
Senate a treaty providing for the building
[ if the canal across the Isthmus of Panama.
This was the route which commended Itself
to the deliberate judgment of the Congress ,
ind we can now acquire by treaty the right
to construct the canal over this route. The
luestion now , therefore , Is not by which
oute the isthmian canal shall be built , for
that question has been definitely and Irre
vocably decided. The question Is simply
tvhether or not we shall have nn Isthmian
When the Congress directed that we
ihould take the Panama route under treaty
ivlth Colombia , the essence of the condl-
; Ion , of course , referred not to the Govern-
neiit which controlled that route , but to
he route Itself ; to the territory across
vhich the route lay , not to the name which
'or the moment the territory bore on the
uap. The purpose of the law" was to author-
ze the President to make a treaty with the
> ewer In actual control of the Isthmus of
'anama. This purpose has been fulfilled.
In the year 1846 this Government en-
ered into a treaty with New Granada , the
tredecessor upon the Isthmus of the Re-
mbllc of Colombia nnd of the present Re-
ubllc of Panama , by which treaty It was
irovided that the Government and citizens
if the United States should always have
ree and open right of way or transit across
he Isthmus of Panama by any modes of
ommuulcntion that might be constructed ,
rhile In return our Government guaranteed
he perfect neutrality of the above-men-
loned Isthmus with the view that the
ree transit from the one to the other sea
light not be Interrupted or embarrassed.
? he treaty vested In the United States a
ubstantlal property right carved out of
he rights of sovereignty and property
fhlch New Granada then had and pos-
essed over the said territory. The name
f New Granada has passed away and ita
erritory has been divided. Its successor ,
tie Government of Colombia , has ceased
j owu any property In the Isthmus , A new
tepubllc , that of Panama , which was at
ne time a sovereign State , and at another
line a mere department of the successive
oufederatlona known as New Granada aud
! olombla , has now succeeded to the rights
rhich first one and then the other formerly
xercised over the Isthmus. But as long
s the Isthmus endures , the mere geograph-
: al fact of Its existence , and the peculiar
iterest therein which Is required by our
osltlon , perpetuate the solemn contract
hich binds the holders of the territory to
aspect our right to freedom of transit
cross It , and binds us in return to safe-
uard for the Isthmus and the world the
xerclse of that inestimable privilege. The
rue interpretation of the obligation upon
'hlch the United States entered in this
reaty of 184G has been given repeatedly
i the utterances of Presidents and Secre-
irles of State. Secretary Cass in ISoS of-
clally stated the position of this Govern-
tent as follows :
"The progress of events has rendered the
iteroceanic route across the narrow portion
' Central America vastly Important to the
jminerclal world , and especially to the
nited States , whose possessions extend
long the Atlantic and Pacific coasts , and
jmand the speediest and easiest modes of
Dmmunlcntion. While the rights of BOV-
elguty of the States occupying this region
lould always be respected , we shall ez-
sct that these rights be exercised In n
) lrlr befitting the occasion and the wants
iid circumstances that have arisen. Sov-
reignty has Its duties as well as Its
guts , and none of these local govern-
; ents , even If administered with more re-
ird to the just demands of other na-
ons than they have been , would be per-
iltted. In a spirit of Eastern isolation , to
ese the gates of Intercourse on the great
ighways of the world , and justify the act
7 the pretension that these avenues of
ade and travel belong to them and that
ley choose to shut them , or , what Is al-
est equivalent , to encumber them with
ich unjust relations as would prevent
lelr general use. "
Seven years later. In 1865 , Mr. Seward In
fferent communications took the following
> altlon :
' "The United States hira Uita and will
take no Interest In any question of interna
revolution In the State of Panama , or nn ;
State of the United States of Colombia
but will maintain a perfect neutrality Ii
connection with such domestic altercations
The United States will , nevertheless , hol (
themselves ready to protect the transl
trade across the Isthmus against Invasloi
of either domestic or foreign disturbers o
the peace of the State of Pannmn. '
Neither the text nor the spirit of the stip
ulntlon In that article by which the Unlte <
States engages to preserve the neutrallt :
of the Isthmus of Panama , Imposes an ob
llgatlon on this Government to comply wltl
the requisition ( of the President of thi
United States of Colombia for a force t (
protect the Isthmus of Panama from a bodj
of Insurgents of that country ) . The pur
pose of the stipulation was to guarantee
the lethums against seizure or Invasion bj
a foreign power only. "
Attorney-General Speed , under date ol
November 7 , 1865 , advh > ed Secretary Seward
as follows :
"From this treaty It can not be sup
posed 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 side *
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 lias 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
lu control of the Isthmus and with for
eign nations In reference thereto our con
sistent good faith In observing our obliga
tions ; 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 oth
ers ID letter and In spirit , and we have
shown the utmost forbearance la exacting
our own rights.
Last spring , under the act above referred
to , a treaty concluded between the repre
sentatives of the Republic of Colombia and
of our Government was ratified by the Sen
ate. This treaty was entered Into at the
urgent solicitation of the people of Colom
bia 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 thnn 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 yield
ed In all possible ways to her desires In
drawing up the treaty. Nevertheless the
Government of Colombia not merely re
pudiated 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 get
ting a satisfactory treaty from them. The
Government of Colombia luade the treaty ,
and yet when the Colombian Congress was
called to ratify It the vote against ratifi
cation was unanimous. It does not appear
that the Government made any real effort
to secure ratification.
Revolution in Panama *
Immediately after the adjournment of
the Congress a revolution broke out la
Panama , The people of Panama had long
been discontented with the Republic of Co
lombia , and they had been kept quiet only
by the prospect of the conclusion of the
Lreaty , which was to them a mutter of vi
tal 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 Co
lombian troops stationed on the Isthmus ,
who had long been unpaid , made common
cause with the people of Panama , and
ivlth astonishing unanimity the new Repub
lic 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 of
ficial documents above quoted , the United
States gave notice that It would permit the
andlng of no expeditionary force , the ar
rival of which would mean chaos and de
struction along the line of the railroad and
) f the proposed canal , and an Interruption
) f transit as an inevitable consequence.
The de facto Government of Panama
tvas recognized In the following telegram
; o Mr. Ehrman : "The people of Panama
lave , by apparently unanimous movement ,
ilssolved their political connection with
: he Republic of Colombia and resumed
; helr Independence. When you are satls-
ied that a de facto government , republican
n form and without substantial opposition
rom Us own people , has been established
n the State of Panama , you will enter
nto relations with It as the responsible
rovernment of the territory and look to It
or all due action to protect the persons
ind property of citizens of the United
Hates and to keep open the Isthmian tran-
It , In accordance with the obligations of
xlstlng treaties governing the relations
if the T'nlted States to that territory. "
The Government of Colombia was notl-
ied of our action by the following tele-
Tarn to Mr. Beaupre : "The people of
'anama having , by an apparently unanl- ,
aous movement , dissolved their political
onnectlon with the Republic of Colombia
nd resumed their Independence , and hav-
ng adopted a government of their own , re-
lUbllcan In form , with which the Govern
ment of the United States of America has
ntered Into relations , the President of
he United States , In accordance with tk *
les of friendship which have so long and
o happily existed between the respective
atlons , most earnestly commends to the
rovernment of Colombia and of Panama
he peaceful and equitable settlement of
11 questions at Issue between them. He
olds that he Is bound not merely by treaty
bllgatlons. but by the Interests of clvllf-
atlon , to see that the peaceful traffic of
ne world across the Isthmus of Panama
nail not longer be disturbed by a constant
accession of unnecessary and wasteful
Ivll wars. "
When these events happened , fifty-seven
ears bad elapsed since the United States
ad entered Into Its treaty with New
rranada. During that time the Goveru-
lents of New Granada and of Its suc-
essor , Colombia , hnve been In a constant
tate of flux. There have been revolu-
ons , rebellions , Insurrections , riots , and 1
ther outbreaks , numbering 53 for the 67 t
ears. It Is a fact that one of them lasted (
ir nearly three years before It was quell-
J ; another for nearly a year. In short ,
ic experience of .over half a century has
lown Colombia to be utterly Incapable of
eeping order on the Isthmus. Only the
ctlve Interference of the United States
as enabled her to preserve so much as a
jmblance of sovereignty. Had It not
een for the exercise by the United States
f the police power In her Interest , her
jnnectlon with the Isthmus would have
sen sundered long ago. In ISoG , In 1SCO.
i 1S73 , In 18S3. In 1901. and again In 1902.
illors and marines from United States
ar ships were forced to land In order to
itrol the Isthmus , to protect life and
roperty. and to see that the transit across
le Isthmus was kept open. In 1S61. In
> S5 , and in 1900 , the Colombian Govern-
ent asked that the United States Govern-
ent would land troops to protect its In-
irests and maintain order on the Isthmus.
Colombia's Latest Proposition.
Perhaps the most extraordinary request
that which has Just been received aud
hlch runs as follows :
"Knowing that revolution has already
immeuced In Panama ( an eminent Colom-
nn ) says that If the Government of the
nlted States will land troops to preserve
ilomblan sovereignty , and the transit. If
quested by Colombian charge d'affaires.
Is government will declare martial law ;
id , by virtue of vested constitutional
ithorlty , when public order Is disturbed ,
111 approve by decree the ratification of
e canal treaty as signed : or. If the Gov-
nment of the United States prefers , will
II extra session of the Congress with
> w and friendly members next May to
prove the treaty. ( An eminent Coleman -
an ) has the perfect confidence of vice
esldent , he says , and If It became neces-
ry will go to the Isthmus or send repre-
ntatlve there to adjust matters along
K > ve lines to the satisfaction of th * peo-
B there. "
This dispatch Is noteworthy from tw
standpoints. Its offer of Immediately
guaranteeing the treaty to us la In sharp
contrast with the positive and contemptu
ous refusal of the Congress which has just
closed Its sessions to consider favorably
such a treaty ; It shows that the govern
ment which made the treaty really had ab
solute control over the situation , but did
not choose to exercise this control. Th *
dispatch further calls on us to restore or
der and secure Colombian supremacy la th *
Isthmus from which the Colombian Gov
ernment has just by Its action decided t
bar us by preventing the construction of
the canal.
I ontrol of Great Importance.
The control. In the Interest of the co -
merce and traflJc of the whole civilize *
world , of the means of undisturbed transit
across the Isthmus of Panama has becora
of transcendent Importance to the United
States. We have repeatedly exercised thla
control by Intervening In the coarse of do
mestic dissension , and by protecting th *
territory from foreign Invasion. In 185J
Mr. Everett assured the Peruvian miniate *
that we should not hesitate to maintain
the neutrality of the Isthmus In the cM
of war between Peru and Colombia.
1884 Colombia , which has always beea vigi
lant to avail Itself of Its privileges con
ferred b > the treaty , expressed Us expec
tation that In the event of war between
Peru and Spain the United States would
carry Into effect the guaranty of neutrali
ty. There have been few administration
of the State Department In which thtt
treaty haa not , either by the one side or
the other , been used as a basis of mor *
or less Important demands. It was said
by Mr. Fish In 1871 that the Department
of State had reason to believe that an at
tack upon Colombian sovereignty on th
Isthmus had , on several occasions , bee
averted by warning from thlc government.
In 1888 , when Colombia was under tb *
menace of hostilities from Italy In th
Cerrutl case , Mr. Bayard expressed the s -
rlous 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 terri
tory we are guarantors under the soIemB
faith of a treaty.
The abovt recital of facts establishes
beyond question : First , that the United
States has for over half a centurr pa
tiently and In good faith carried out Ita ob
ligations under the treaty of 1848 ; second ,
that when for the first time It became pos
sible for Colombia to do anything In re
quital of the services thus repeatedly ren
dered to It for fifty-seven years by th
United States , the Colombian Government
peremptorily and offensively refused thus
to do its part , evn though to do so would
have been to Its advantage and Immeasur
ably to the advantage of the State of Pan
ama , at that time under Its jurisdiction !
third , that throughout this period revolu
tions , riots and factional disturbances of
every kind have occurred one after th *
other in almost uninterrupted succession ,
pome of them lasting for months and eves
for years , while- the central government
was unnble to put them down or to rank *
peace with the rebels ; fourth , that thes
disturbances Instead of showing any slga
of abating hnve tended to grow more nu
merous nnd mere serious In the Immediate
past ; fifth , that the control of Colombia
aver the Isthmus of Panama could not b
maintained without the armed Intervention
ind assistance of the United States. la
Jther words , the Government of Columbia ,
though wholly unable to maintain order
> n the Isthmus , has nevertheless declined
to ratify a treaty the conclusion of which
jpened the only chance to secure Its own
stability nnd to guarantee permanent peace
) n , and the construction of a canal across.
: he Isthmus.
Under such circumstances the Govern-
nent of the United States would hav *
) een guilty of folly and weakness , nmount-
ng In their sum to a crime against the na-
lon , bad It acted otherwise than It did
vhen the revolution of Nov. 3 last took
> Inci * In Panama. This great enterprlsa
if building the Interoceanlc canal cannot
> e held up to gratify tne whims , or out of
espect to the governmental Impotence , or
0 the even more sinister nnd evil political
ecullarltles , of people who , though they
[ well afar off , against the wish of th *
ictual dwellers on the Isthmus , assert an
inreal supremacy over the territory. Th *
lossesslon of n territory fraught with ouch
lecullar capacities ns the Isthmus In ques-
lon carries with It obligations to man-
: Ind. The course of events has shown that
his canal cannot be built by private enter-
irlse , or by any other nation than our
wn ; therefore It must be built by th *
Inlted States.
Must Now Deal with Panama.
Every effort has been made by the Gor-
rnment of the United States to persuade
'olombla ' to follow a course which wa
ssentlally not only to our Interests nnd to
IP world , but to the Interests of Colombia ,
self. These efforts have failed ; and Co-
imbla , by her persistence In repulsing th *
ilvances that have been made , has forced
B , for the sake of our own honor , and of
IB Interest and well-being , not merely of
ur own people , but of the people of th *
sthmus of Panama and the people of the
vlllzed countries 01 the world , to take de
slve steps to bring to an end n condition
' affairs which had become Intolerable.
The new Republic of Panama Immedlat-
offered to negotiate a treaty with ua.
his treaty I herewith submit. By It on ?
iterests are better safeguarded than In th *
eaty with Colombia which was ratified by
le Senate at Its last session. It Is better
1 Its terms than the treaties offered to u *
ir the Republics of Nicaragua and Cost *
lea. At last the right to begin this great
idertaktng Is made available. Panama ha
> ne her part. All that remains Is for th *
merlcnn Congress to do Its part and forth-
1th this Republic will enter open th *
cecntlon of a project colossal In Its six *
id of well-nigh Incalculable possibilities
ir the good of this country and the n *
tins of mankind.
By the provisions of the treaty the United
: ates guarantees and will maintain the In-
> pendence of the Republic of Panama ,
liere Is granted to the United States la
irpetulty the use. occupation , nnd control
a strip ten miles wide and extendln *
ree nautical miles Into the sea at elthe *
rmlnal. with all lands lying outside o ?
e rene necessary for the construction of
_ e canal or for Its auxiliary works , and
Ith the Islands In the Bay of Panama ,
le cities of Panama and Colon are not
ibraced In the canal zone , but the United
ates assumes their sanitation and. In cas *
need , the maintenance of order therelDt
e United States enjoys within the granted
nits all the rights , power , and authority
ilch It would possess were It the soverelem
the territory to the exclusion of the exer-
ie of sovereign rights by the Republic. All
llway and canal property rights belonging
Panama and needed for the canal nasS
the United States , Including any property
the respective companies In the cities of
mama and Colon ; the works , prooerftx
d personnel of the canal and rallwa&
exempted from taxation as well In th
les of Panama nnd Colon as In the canal
tie and Its dependencies. Frpe Immlera-
> n of the personnel and Importation of
pplles for the construction nnd operation
the canal are granted. Provision Is mnda
r the use of military force and the hulld-
: of fortifications by the United States
the protection of the transit. In other
tails , particularly as to the acquisition of
Interests of the New Panama Canal
mpany and the Panama Railway by th
ilted States and the condemnation of
given for these enlarged grants emalmi
same , being ten millions of dolIaraT
le on exchange of ratifications ; and
mlng nine years from that date an a
al payment of $250.000 during the life or
i convention.
THEODORE ROOSEVELT.
Positively UrntnL
"Do you know what the average
> man's weight is ? " asked the fal *
iewriter boarder , who was Interested
statistics.
"Sure , " replied the scanty-haire *
chelor at the foot of the table. "He *
lit Is until some fool man propose * . *
A Lost Opportunity.
Cohen I often wish I had m&a ,
Hure of life.
Levy Vy ?
Cohen Dink vet a sugzew W
C pe nl Brooklja Lift ,