12 CONGRESSIONAL RECORD-SENATE. MARCH 9,- their rules-but on the ground that it was indefensible either in sideration of executive business. After five minutes spent in ex principle or policy. ecutive session the doors were reopened. I think I should not exaggerate if I should say that the Honse Mr. LODGE. I move that the Senate adjourn. of Representatives in the last twenty-five years have sent to this The motion was agreed to; and (at 3 o'clock and 15 minutes Senate I presume from fifty to one hundred pieces of legislation p.m.) the Senate adjourned until Monday, March 9, 1903, at 12 in violation of their own rule. They violate it whenever they see o'clock m. fit. They do not violate it in the proper sense, but for the time being they suspend it. NOMINATIONS. I recall some occasions when the Honse sent here in appropria tion bills important items involving controversies and which Executive nominations received by the Senate March 5,1903. were carried on for many weeks, the Senate resisting them.· The COLLECTOR OF CUSTOMS. Senate did not resist them upon the ground that our rule or theirs William D. Crum, of South Carolina, to be collector of customs provided against such items of legislation. While we might have for the district of Charleston, in the State of South Carolina, in invoked that principle, we resisted on the ground that it was im place of~obert M. Wallace, deceased. Mr. Crum was nomi proper legislation, and that the Honse was putting on an appro nated for this position at the second session, Fifty-seventh Con- priation hili-legislation that they did not believe they could other gress, but failed of confirmation. ' wise pass, thus forcing the Senate either to let the appropriation DISTRICT JUDGE. bill be defeated or to permit the enactment of a law which the Page Morris, of :Minnesota, to be United States district judge judgment of the Senate did not approve. for the district of Minnesota, commencing July 1, 1903. An The danger of such an occurrence justifies the rule; but I have original appointment under the act of Congress approved Febru._ myself seen very many cases where there was a justification for ary 4, 1903, entitled "An act providing for an additional district the abrogation of the rule, temporarily at least, by either body, judge in the district of Minnesota.'' or by both bodies. Mr. SPOONER. A failure to abrogate the rule might some UNITED ST~TES ATTORNEY. times be vital to the Republic. William Michael Byrne, of Delaware, to be United States at Mr. TELLER. As the Senator from Wisconsin suggests, a torney for the district of Delaware. A reappointment, incum failure to abrogate the rule might be vital to the Republic. In ~ent's commission having expired March 4, 1903. the expiring hours of Congress, when we did not want an extra ASSISTANT TO THE ATTORNEY-GENERAL. session-which is always to be avoided, I think, if possible-such William A. Day, of the District of Columbia, to be assistant to an abrogatian might be necessary. It has been necessary. Ire the Attorney-General, as provided in the act of Congress ap call a number of cases where urgent demands were made for proved March 3, 1903, entitled "An act making appropriations to legislation that could not have been secured for many months in supply deficiencies in the appropriations for the fiscal year ending any other way. I recall, as the chairman of the Committee on June 30, 1903, and for prior years, and for other purposes." Appropriations will recall, the occasion where there was a wrong decision as to a statute that we had enacted. It was enforced by ASSISTANT ATTORNEY -GENERAL. the Interior Department in such a way as to be a great burden on Milton D. Purdy, of Minnesota, to be Assistant Attorney-Gen the land seekers and home makers in the West. We made an eral, as provided in the act of Congress approved March 3, 1903, attempt to repeal that act pro tanto, so as to remove the restric entitled "An act making appropriations to supply deficiencies in tion, which had actually prevented the entry of homestead or the appropriations for the fiscal year ending June 30, 1903, and preemption pieces of land in the United States. There were a for prior years, and for other purposes. hundred and forty or a hundred and fifty t~ousand complainants. POSTMASTER. The House resisted, because it was legi~lation. We continued MISSOURI. the effort until the House yielded and the legislation was enacted. Samuel J. Wilson, to be postmaster at Macon, in the county of Mr. President, the statutes are full of legislation on appropriation Macon and State of Missouri, in place of Samuel J. Wilson. In bills, originating here and originatingintheHouse. Ifweshould cumbent's oom~ission expired February 14, 1903. bind ourselves that under no condition whatever would we put upon an appropriation bill what might be called legislation, we would simply be without the full legislative power. The House .. .,; SENATE. must originate the appropriation bills. When they send them over here with legislation to which they adhere and we are power MoNDAY, March 9, 1903. less to prevent it unless we allow the bill to fail, the House ought Prayer by Rev. F. J. PRETTYMAN, of the city of Washington, not to·complain if we sometimes exercise the same right. RussELL A. ALGER and JULIUS C. BURROWS, Senators from the Mr. President, I do not care to go into any question as to the State of Michigan; JoHN W. DANIEL, a Senator from the State of remarks of the chairman of the Committee on Appropriations of Virginia; CHARLES H. DIETRICH, a Senator from the State of N e the House. Enough has been said upon the subject. I have a braska; JoHN F. DRYDEN, a Senator from the State of New Jer very kindly feeling for the gentleman and I do not desire to say sey, and H. D. MONEY, a Senator from the State of Mississippi, anything unfair, and I am sure, as far as I am concerned, I only appeared in their seats to-day; feel that they were inappropriate and out of place. I presume it NAMING OF A PRESIDING OFFICER. will not happen again, and very likely so, although since I have been in the public service I have heard things of the same kind, Mr. KEAN called the Senate to order, and the Secretary read emanating sometimes from that branch and sometimes from this, the following communication: which, if we desire to maintain the good relatipns that the two PRESIDENT PRO TEMPORE UNITEID STATES SENATE, Washington, D. C., Mar ch 5, 1903. legislative bodies must maintain; ought never to have been said. To the Senate: Yet there is nothing to be done that I know of except to forget it I hereby name Bon. JOHN KEAN, Senator from the State of New J ersey, as soon as possible. to perform the duties of the Chair during my absence. WM. P. FRYE, ADJOURNMENT TO MONDAY. President pro tempore. Mr. CULLOM. I move that when the Senate adjourn to-day Mr. KE.AN thereupon took the chair as Presiding Officer, and it be to meet on Monday next. directed that.the Journal be read. The motion was agreed to. The Secretary proceeded to read the Journal of the proceedings REFERENCE OF MEMORIALS. of Thursday last, when, on request of Mr. LODGE, and by unani mous consent, the further reading was dispensed with. Mr. HOAR. Mr. Prasident, I move that the various remon strances or protests in regard to the election of certain Senators SWEARING IN OF SENATORS. · who have been sworn in to-day-I have not all of them in mem Mr. LODGE. There are, I believe, several Senators-elect to b6 ory just at this moment-shall be referred to the Committee on sworn·in. · · Privileges and Elections. I make this motion at the request of Mr. COCKRELL. My coll"eague, the Senator-elect from Mis the chairman of the Committee on Privileges and Elections. souri [Mr. STONE], theSenator-electfromArkansas [Mr. CLARKE], ThePRESIDINGOFFICER (Mr. BURNHAM in thechair). The and probably others have not yet been sworn in. I ask that their question is on tho motion of the Senator from Massachusetts. names be called and that the oath of office be administered to The motion was agreed to. them. :Mr. LODGE. That is the point I made. EXECUTIVE SESSION. The PRESIDING OFFICER. The names will be called. 1\fr. CULLOM. I move that the Senate proceed to the consider The Secretary called the names of- ation of executive business. Mr. ANKENY, Mr. CLARKE of Arkansas, Mr. GALLINGER, and The motion was agreed to; and the Senate proceeded to the con- Mr. STONE. · 1903. CONGRESSIONAL· RECORD-SENATE. 13
FOSTER of Washington. My colleague, the Senator-elect for the construction, per~etual maintenance, operation, and protection of a Mr. canal connecting the Canbbean Sea. with the Pacific Ocean, by what is com from Washington, Mr. ANKENY, is ill at his hotel, and can not be monly known as the Nicaragua route, shall, through the said Isthmian Canal present. Commission, cause to be excavated and constructed a ship canal and water The PRESIDING OFFICER. The Senators whose names have way from a point on the shore of the Caribbean Sea near Graytown, by way of Lake Nicaragua, to a point near Brito on the Pacific Ocean. been called and who are present will present themselves at the Said canal shall be of sufficient capa-city and depth to afford convenient desk. passage for vessels of the largest tonnage and greatest draft now in use, and such as may be reasonably anticipated, and shall be supplied with all neces Mr. GALLINGER and Mr. STONE were escorted to the Vice sa.ry locks and other appliances to meet the necessities of vessels passing President's desk by Mr. LoDGE and Mr. CoCKRELL, respectively, through the same from ocean to ocean; and he shall a1so construct such safe where they were joined by Mr. CLARKE of Arkansas, and the oath and commodious harbors at the termini of said canal as shall be neceSEary for the safe and convenient use thereof, and shall make such provisions for prescribed by law was administered to them. defense as may be necessary for the safety and protection of said harbors EXECUTIVE SESSION. and canal; and such sum or sums of money as may be agreed upon by such treaty as com~nsation to ba paid to Nic.tragna and Costa. Rica. for the con The PRESIDING OFFICER. What is the pleasure of the cessions and rights hereunder provided to be acquired by the United States, are hereby appropriated, out of any money in the Treasury not otherwise Senate? a.ppropriated.J to be paid on warrant or warrants drawn by the President. Mr. CULLOM. In the absence of any business in legislative 'rhe Presiaent shall cause the said Isthmian Canal Commission to make session, I move that· the Senate proceed to the consideration of such surveys as may be neceESary for said canal and harbors to be made, and in making such sm·veys and in the construction of said canal may employ executive business. such persons as he may deem necessary, and may fix their compensation. The motion was agreed to; and the Senate proceeded to the In the excavation and construction of said canal the San Juan River and consideration of executive business. Lake Nicaragua, or such parts of each as may be made available, shall be used. SEc. 5. That the sum of ten million dollars is hereby appropriated, out of PANAMA. OA...~AL TREATY. any money in the Treasury not otherwise appropriated, toward the project The Senate, in executive session, having under consideration the ratifica herein contemplated by either route so selected. tion of the convention with .the Republic of Colombia. for the construction And the President is hereby authorized to cause to be entered into such of the Panama Canal (the injunction of secrecy having been removed from contract or contracts as may be deemed necessary for the proper excavation, the remarks of Mr. MORGAN thereon)- construction, completion, and defense of said canal, harbors, and defenses, by the route finally determined uporrunder the provisions of this act. .Ap Mr. MORGAN said: propriations therefor shall from time to timQ be hereafter made, not to ex ceed in the aggregate the additional sum of one hundred and thirty-five Mr. PRESIDENT: On my part I will open the discussion of this millions of dollars should the Panama route be adopted, or one hundrea and treaty with Colombia by stating that I will vote for a treaty with eighty millions of dollars should the Nicaragua route be adopted. Colombia for the purpose of acquiring the right to construct a SEC. 6. That in any agreement with the Republic of Colombia, or with the States of Nicaragua. and Costa. Rica., the President is authorized to gnaranteg canal at Panama, and the right to the exclusive control of all to said Republic or to said States the use of said canal and harbors, upon such possible canal routes across the part of the Isthmus that belongs terms as may be agreed upon, for all vessels owned by said States or by citi to Colombia, and of all railroad routes a.cross that Isthmus on the zens thereof. SEC. 7. That to enable the President to construct the canal and works IIP terms and conditions prescribed in the act of Congress approved purtenant thereto as yrovided in this act, there is hereby created the Isth Jtme 28, 1902. mian Canal CommissiOn, the same to be composed of seven members, who To be entirely definite and exact as to those terms and condi shall be nominated-and appointed by the President by and with the advice and consent of the Senate, and who shall serve until1 the completion of said tions, I will here copy that act. I insist on the terms and the spirit canal, unless sooner removed by the President, and one of whom shall be and purpose of this law. named as the chairman of said Commission. Of the seven members of said ACT FOR CO~STRUCTION OF PANAMA CANAL. Commission at least four of them shall be persons learned and skilled in the science of engineering, and of the foru· at least one shall be an officer of the [Public-No. 183.] United States Army, and at least one other shall be an officer of the United An act to provide for the construction of a canal connecting the waters of States Navy, the said officers respectively being either upon the active or the the Atlantic and Pacific oceans. · retired list of the Army or of the Navy. Said commissioners shall each re Be it enacted, etc., That the President of the United States is hereby au ceive such compensation as the President shall prescribe until the same shall thorized to acquire for and on behalf of the United States, at a. cost not have been otherwise fixed by thE) Congress. In addition to the members of exceeding fortl milllons of dollars, the ri~hts~ privileges, franchises, conces said Isthmian Canal Commission, the President is hereby authorized, through sions, grants o land, right of way, un.finishea work, plants, and other prop said Commission, to employ in said service any of the engineers of the United erty, real, personal, and mixed, of every name and nature, owned by the States .Army, at his discretion, and likewise to-employ any engineers in civil New Panama Canal Company, of France, on the Isthmus of Panama, and all life, at hiS discretion, and any other persons necessary for the proper aml its ma-ps, plans, drawings, records on the Isthmus of Panama. and in Paris expeditious prosecution of said work. including all the ca_pita.l stock, not less, however, than sixtx-eight thousand · -The compensation of all such engineers and other personsamployed under eight hundred and sixty-three shares of the Panama. Railroad Company this act shall be fixed by said Commission, subject to the approval of the owned by or held for the use of said ca-nal company, provided a satisfactory Pr.esident. The official salary of any officer appointed or employed under title to all of said property can be obtained: · · · · thlS act shall ba deducted from the amount of salary or compensation pro SEc. 2. That the President is hereby authorized to acquire from the Re vided by or which shall be fixed under the terms of this act. Said Commis public of Colombia., for and on behalf of the United States, upon such terms sion shall in all matters be subject to the direction and control of the Presi as he may deem rea.sonable perpetual control of a. strip of land, the territory dent, and sh~ll mak~ to the President annually and at such other periods as of the Republic of Colombia,1 not less than 6 miles in width, extending from may_be reqmred, either by law.or by the order of the President, full and the Caribbean Sea to the Pacific Ocean, and the right to use and disPose of complete reports of all thell' actings and doings and of all moneys received the waters thereon, and to excavate, construct, and to perpetually maintain and expended in the construction of said work and in the performance operate, and protect thereon a canal, of such depth and capacity as wni of their duties in. connection therewith, which said reports shall be by the afford convement passage of ships of the greatest tonnage and draft now in President transnntted to Congress. Ana the said Commission shall fm'ther use, from. the Caribbean Sea to the Pacific Ocean, which control shall include more give to Congress, or either House of Congress, such information as may the right to perpetually maintai,n and operate the Panama Railroad, if the at any time be required either by act of Congress or by the order of either ownership thereof, or a. controlling intei·est therein, shall have been acquired Honse of Congress. The ;pr~sident shall cause to be J?rovided and assigned by the United States, and also jurisdiction over said strip and the ports at for the use of the CommlSSion such offices as may, wtth the suitable equip the ends thereof to make such-police and sanitary rules and regulations as ment of the same, be necessarl and proper, in his discretion, for the proper shall be necessary to prese-I.'V& order and preserve the public heafth thereon, discharge of the duties thereo . and to t~stabl.i.sh such judicial tribunals as may be agreed upon thereon as SEc. 8. That the Secretary of the Treasury is hereby authorized to borrow may be necessary to eri.force such rules and regulations. on the credit of the United States, from time to time, as. the proceeds may The President may acquire such additional territory and rights from Co be require,d, to defray expenditures authorized by this act (such pro~eeds lombia as in his judgment will facilitate the general purpose hereof. when received to be used only for the purpose of meeting such expenditures), SEC. 3. That when the President shall have arranged to secure a satisfac the sum of $100,000,000; ol'so-much thereof as may be necessary, and to pre tory title to the property of the New Panama Canal Company, as provided pare and issue therefor coupon or registe1·ed bonds of the United States in in section 1 hereof, and shall have obtained by treaty control of the necessary such form as he may prescribe, and in iienominations of $20 or some multiple territory from the Republic of Colombia., as provided in section 2 hereof, he of that sum, redeemable in gold coin at the pleasure of the Uhited States is authorized to pay for the property of the New Panama. Canal Company after ten years fro;m ~e date of their issue, and :payable thirty years from $41),000}l00, and to the Republic of Colombia·such sum as shall have been such dat-e-, and bearmg mterest;payable quarterly m gold coin at the rate of agreea upon, and a sum sufficient for both said pnrnoses is hereby appro 2 per cent per a~nm; an~ t~e bonds herein authorized shall be er.ampt from priated, out of any money in the Treasury not otherwise appropriated, to be all taxes or duties of the Umted States, as well as from taxatio~ in any form · paid on-warrant or warrants drawn by the President. by or under State, municipal, or local authority: Provided, That said bonds The President shall then through the Isthmian Canal Commission herein may be disposed of ~Y the Secretary of the Treasury at not"less than par after authorized cause to be excavated, constructed, and completed, utiliz under such regulations as he may prescribe, giving t.o all citizens of th~ ing to that end as far as practicable the work heretofore done by the New "£!nited States an equal opl?ortnnity to subscribe therefor, but no commis Panama Canal Company, of France, and its predecessor company, a ship Sions shall be allowed or pa1d thereon; and a. sum not exceeding one-tenth of canal from the Caribbean Sea to the Pacific Ocean. Such canal shall be of 1 per cent of the a.moun~ of the bonds herein authorized is hereby appropri sufficient capacity and depth as shall afford convenient passage for vessels ated, out of any money m the Treasury not otherwise appropriated. to pay of the largest ton.nage and greatest draft now in use, and such as may be the expense of preparing, advertising, and issuing the same. ' reasonably anticipated, and shall be supplied with all necessary locks and .Approved June 28,1902. . other appliances to meet the necessities of vessels passing through the same from ocean to ocean; and he shall also cause to be constructed such safe and I have prepared a substitute for this treaty, which I believe is commodious harbors at the termini of said canal, and make such provisions a full. liberal; and almost a too indulgent or slack compliance for defense as may be necessary for the safety and protection of said canal will and harbors. That the President is authorized for the purposes aforesaid to with that law, on which I ask the action of the Senate at a employ such persons as he may deem necessary, and to fix their compensa proper time. tion. TREATY AS PROPOSED TO BB AMENDED. SEc. 4:. That should the President be unable to obtain for the United States a mtisfactory title to the property of the New Panama. Canal Company and That my objections tO the present treaty may be accurately the control of the necessary terntory of the Republic·of Coloml:>ia ana the stated and my proposed substitute may be distinctly undel"stood rights IQentioned in sections 1 and 3-of this act, within a reasonable time and I will insef!i in my remarks a cepy of the treaty before the Sen: upon reasonable terms, then the President, having first obtained for the United States· peryetual control by treaty of the necessary territory from ate, in which the parts of it I object to are included in brackets Costa Rica and Ntcaragua, upon terms which he may consider reasonable, and the new matter that I propose to insert is printed in itali~ 14 CONGRESSIONAL RECORD- SENATE. MAROH 9, ·
[Confi.dentia.I.-Executive.-Fifty-seventh Congress, second session.] sels using-the same, with suitable light houses and other aids to navigation, February 3, 1903.-0rdered to lie on the table and to be printed in confidence and the United St.a.tes is authorized to use and occupy within the limits of the ~one fixed py this convention, such parts of the coast line and of the lands for the use of the Senate. and lSlanqs adjacent .thereto as are necessary for this J?Ul'J,>OSe, including the [Omit the part inclosed in brackets and insert the part printed in italics.} construction and mamtenance of breakwaters, dikes Jetties embankments. Amendments proposed by Mr. MoRGAN to the convention with Colombia for coaling stations, docks a~d other apP,ropriate works,' and the United States the construction of a ship canal to connect the Atlantic and Pacific oceans undertakes the construction and mamtenance of such works and will bear signed January twenty-second, nineteen hundred and three. ' all ~e expense .thereof. The ports when established are declared free and The United States of America and the Republic of Colombia, being desirous their de~cations sha~ be c_learly and de!liDtely defined. ' to assure the construction of a ship canal to connect the Atlantic and Padfic . [To gJ.Ve effect to tl!i5 Article,] The Umted S~tes will give special atten Oceans and the Congress of the United States of America having passed an tion and care to the D;la.mtenance of works for drainage, sanitary and healthful Act approved June 28, 1902, in furtherance of that object, ra. copy of which.is pnrP.oses ~long the.line ~f the cana.l,an_d its dependencies, in order to prevent hereunto annexed,] the high contracting parties have reso1ved, for that pur the mvaswn of ~pideD;llCS or. of .secnrmg t_lle1r prompt_ suppression should pose1 to CO:J?.clt:lle a Convention and have accordingly appointed as. their they appear. W1th this end m Vle.-the Umted States will organize hospitals plempotentia.ries, along the line of the canal, and will suitably supply or cause to be supplied The President of the United States of America, John Hay, Secretary of the towps of Panama and Col~n with ~e necessary aqueducts and drainage State, and wo~·ks, m o:rd~r to prevent their becommg centers of infection on account of The President of the Republic of Colombia, Thomas Herran, Charge their pronmity to the canal. d'Affaires, thereunto specially empowered by said government, The Government of Colombia will secure for the UnitedStatesoritsnomi who, after communicatinir to each other their res:Rective full powers found nees the lands and ~ights that may be required in the towns of Panama and in good and due form, have agreed upon and concluded the following Articles: Colon~ effect the Improvements above referred to, and the Government of the :Umted States or 1ts nr:Ivileges, properties, and of Pa~ma and Qolon, except tOn the canal, the vessels that may use xt tugs and The Republic of Colombia. authorizes the United States to construct and other vessels employed m the service of the canal, the railways and auxiliary maintain at each entrance and termiilus of the proposed canal a port for ves- works, store houses, work shops, offices, quarters for laborers, factories of 1903. CONGRESSIONAL RECORD- SENATE. 15
all kinds, warehouses, wharves, machinery and other works, property, and ARTICLE XV. effects appertaining to the canal or railroad or that may be necessary for the The Republic of Colombia grants to the United States the use of all the service o[ the canal or railroad and their dependencies, ojJicers Ol' employees, ports of the Republic open to commerce as places of refuge for any vessels whether situated within the cities of Panama and Colon, or any other place employed in the canal enterprise, and for all vessels in distress having the authorized by the provisions of this convention. right to pass through the canal and wishing to an<:hor in said ports. Such Nor shaJl there be imposed contributions or charges of a personal character vessels shall be exempt from anchorage and tonnage dues on the part of of whatever species upon officers, employ~ laborers, and other individuals Colombia. . in the service of the canal and its dependencies. ARTICLE XVL ARTICLE X. The canal, when constructed, and the entrance thereto shall be neutral in It is agreed that telegraph and telephone lines, when established for canal perpetuity (, and shall be opened upon the terms provided for by Section I of Article three of, and in conformity with all the stipulations of, the treaty purposes1 may also, under suitable regulations, be used for public and pri vate busmess in connection with the systems of Colombia and the other entered into by the Governments of the United States and Great Britain on .America.n Republics and with the lines of cable companies authorized to November 18, 1901] • enter the ports and territories of these Republics; but the official dispatches ARTICLE XVll. of the Qoyernment of Colombia and the authorities of the Department of The Government of Colombia shall have the right to transport oYer the Panama shall not pay for such service higher tolls than those required from canal its vessels, troops, and ml!Ilitions of war in StlCh 1:essels at all times the officials in the service of the United States. without paying charges of any kind. This exemption is to be extended to the auxiliary railway for the transportation of IJ6rsons in the service of theRe ARTICLE XI. public of Colombia or the Department of Panama, or of the police force The Qoyernment of Colombia shall permit the immigration and free ac charged with the preservation of public order outside of said zone, as well as cess to the lands and workshops of the canal and its dependencies of all em to their baggage, munitions of war, and supplies. ployees and workmen of whatever nationality under contract to work upon ARTICLE XVill. or seeking employment or in any wise connected with the said canal and its The United States shall have full power and authority to est-ablish and dependencies, with their respective families, and all such ;t>ersons shall be enforce regulations for the use of the canal, railways, and tbe entering ports free and exempt from the military service of the Republic of Colombia. and auxiliary works, and to fix rates of tolls and charges thereof (,subject to Bu.t all immigration into said canal zone, with a view to settlement there, shall the limitations stated in Article XVI]. be subject to the exclusive control of the United states. ARTICLE XIX. ARTICLE XII. The rights and priYI1eges granted to the United States by this convention The United States may import at any time into the said zon.e, free of cus shall not affect the sovereignty of the Republic of Colombia over the real toms duties, imposts, taxes, or other charges, and without any restriction, estate that may be acquired by the United States by reason of the transfer any and all vessels, dredges, engines, cars, machinery, tools, explosives, ma of the rights of the New Panama Canal Company and the Panama Railroad terials, supplies, and other articles necessary and convenient in the construc Company lying outside of the said canal zone, but no right,p1·ivilege, o1·pou:er, tion, maintenance and operation of the canal and auxlliary works, also all conceded to the United States by this treaty, shall ever be affected lnJ this provisions, medicines, clothin£, supplies and other th:ings necessary and con article. venient for the officers, employees, workmen and ln.oorers in the service ARTICLE XX. and employ of the United States and for their families. If any such articles If by virtue of any existing treaty between the Republic of Colombia and are disPosed of for use without the zone [excepting Panama and Colon] and any third ;power, there may be any privilege or concession relative to an within the territory of the Republic, they shall be subject to the same im int-erocearuc means of communication [which especiallr, favors such third port or other duties as like articles under the laws of Colombia [or the power, and] which in an.Y of its terms Jl?B.-Y be incomJ?::l.tible with the terms ordinances of the Department of Panama]. of the present convention, the Republic of Colomb:ta agrees to cancel or modify such treaty in due form, for which purpose it shall give to the said ARTICLE XIII. third power the requisite notification within the term of four months from The United States shall bave authority to protect and make secure the the date of the present conventio.J?-, and in case the existing treaty contains canal, as well as raHways and other auxili:l.ry works and dependencies, and no clause permitting its modification or annulment, the Republic of Colom to preserve order and discipline among the laborers and other persons who bia agrees to procure its modification or annulment in such form that there may congre~te in that reg1on, and to make and enforce such police and sani shall not exist any conflict with the stipulations of the prese11,t convention. tary reg-ulations as it may deem necessary to preserve order and public ARTICLE XXI. health thereon, and to protect navigation and commerce through and over said canal, ranways, and other works and dependencies from interruption or Therightsand privileges granted by the Republic of Colombia to the United States in the preceding Articles are understood to be free of all anterior debts, ~rf~~ Republic of Oolombia mar establish judicial tribunals within said liens, trusts, or liabilities, or concessions or privileges to other Governments, zone, for the determination, according to its laws and judicial procedure, of corporations, syndicates or individuals, and consequently, if there should certain controversies hereinafter mentioned. arise any claims on account of the present concessions and privileges or Such judicial tribunal or tribunals so established by the Republic of otherwise, the claimants shall resort to the Government of Colombia and Colombia shall have exclusive jurisdiction in said zone of all controversies not to the United States for any indemnity o-r Compromise which may be re quired, and Colombia agrees to protect and indemnify the United States between citizens of the Republic of Colombia [2 or between citizens of the Rel!ublic of Colombia and citizens of any foreign nation other than the against all su.ch demands. Uruted States]. ARTICLE XXIT. IT. Subject to the general sovereignty of Colombia over said zone, the The Republic of Colombia renounces and grants to the United Statesthe par United States may establish judicial tribunals thereon, or military courts or ticipation to which it might be entitled in the future earnings of the canal tribunal$, which shall have jurisdiction of [certain] all other controversies under Article XV of the concessionary contract with Lucien N. B. Wyse now [hereinafter mentionedl to be determined according to the laws and judicial owned by the New Panama Canal Company and any and all other n~hts or procedure of the United States, with such rights of appeal and such powers of claims of a pecuniary nature arising under or relating to said concessiOn, or pardon, and with such power to enforce and execute aU orders judgments and arising under orrelatin~totheconcessionstothe Panama Railroad Company decrees, as shall be rendered by such cou1-ts or by the civil or military tribunals or any extension or modification thereof; and it likewise renounces, confirms of the United States. and grants to the United States, now and hereafter, all the rights and prop Such judicial tribunal or tribunals so established by the United States shall erty reserved in the said concessions which otherwise would belong to Colom have exclusive jurisdiction in said zone of all controversies between citizens bia at or before the expiration of the terms of ninety-nine years of the con of the United States, and between citizens of the United States and citizens cessions granted to or held by the above-mentioned party and companies, and of any foreign nation other than the Republic of Colombia; and of all contro all right, title and interest which it now has or may hereafter have, in and versies in any wise growing out of OJ" relating to the construction, mainte to the lands, canal, works, property and rights held by the said companies nance or operation of the canal~, railway and other pro;r>erties and works. under said concessiOns or otherwise, and acquired or to be acquire
1\ 16 CONGRESSIONAL RECORD-SENATE. MARCH 9,-
shall be commenced, and it shall be opened to the traffic between the two ACT NOT COMPLIED WITJI IN TREATY. oceans within twelve years after such period of two years. In case, how ever, that any difficulties or obstacles should arise in the construction of the I now consider that choice as being settled if the conditions canal which are at present impossible to foresee, in consideration of the good upon which it is based, in the express language of the statute, can faith with which the Government of the United States shall have proceerled, be substantially complied with in a reasonable time. As those and the ln.rge amount of money expended so far on the works and the nature of the difficulties which may have arisen, the Government of Colombia will terms and conditions are. not complied with in this b·eaty in good prolong the terms stipulated in this Article up to twelve years more for the faith, but are disregarded and reversed or abandoned, neither my completion of the work of the canal] that may be convenient. sense of duty nor my self-respect will permit me to support it. But in case the United States should, at anytime, determine to make such canal practically a sea level canal, then [such period shall be extended for I trust that I am not stating a p1inciple of action that is new or ten years further] the United States shall make such changes in the plan of the strange in the Senate. or one that is not deserving of the respect canal without in any manner affecting any of its rights or powers unde1· this of the Senate, when I say I feel consb·ained to do what I bt.lieve treaty. ARTICLE XXV. to be right, rather than what a majority may think is expedient. As the price or comJ?ensation for the right to use the zone granted in this In yielding my judgment to that of the slight majority of six in convention by Colombm to the United States for the construction of a canal, the Senate, as to the choice of canal routes, I did not and can not together with the proprietary right over the Panama Railroad, and for the yield my own conviction that a g1·ave mistake, if not a fatal one, annuity of two hundred and fifty thousand dollars gold, which Colombia ceases to receive from the sa.id railroad, as well as in compensation for other has been made in the selection of the Panama route. Yet, I yield rights, privileges and exemptions granted to the United States, rand in con that judgment without reserve, but with great reluctance, for the sideration of the increase in the administrative expenses of the l)epartment purposes of a fair treaty with Colombia. of Panama consequent upon the construction of the said canal,] the Govern ment of the United States bln.ds itself to pay Colombia the sum of (ten] In this belief I am well assured that I have the earnest support sevetL million doll.."'.I'S in gold coin of the United States on the exchange of the of a vast majority of the American people, and I know that, I'a.tification of this convention after its approval according to the laws of the almost without exception, I am sustained by the large number of respective countries, and also an annual payment [during the life of this conventionl for the period of sixty-two years of two hundred and fifty-thousand the ablest engineers and canal constructors of the entire world. dollars in like gold coin, beginning nine years after the date aforesaid. SUPERIORITY OF NICARAGUA ROUTE. The provisions of this Article shall bs in addition to all other benefits as AB to the superiority of the Nicaragua route over that of the sured to Colombia under this convention. But no delay nor difference of opinion under this Article or any other o1· Panama there can be no dispute in respect of our sea power, in provision of this treaty shall affect nor interrupt the full operation and effect the operations of our war fleets, and as to the coastwise trade of of this convention in all other respects: the United States; and also as to our commerce between the ARTICLE XXVI. oceans in sailing vessels, and as to length of voyages and the differ No change either in the Government or in the laws and treaties of Colom ence of time between our North Atlantic coasts and our North bia1 shall, without the consent of the United States, affect any right of the Umted States under the present convention, or under any treaty stipulation Pacific coasts, and as to the economy of sail power over steam between the two countries (that now exist or may hereafter exist) touching power in the b·ansportation of grain, timber, ores, and, indeed, the subject matter of this convention. all the coarser and cheaper articles of ocean-borne commerce. As If Colombia shall hereafter enter as a constituent into any other Govern ment or into any union or confederation of States so as to merge her sover to the climate and healthfulness of the Panama and Nicaragua eignty or independence in such Government, union, or confedei'a.tion, the routes, and as to their capacity for local contributions to com rights of the United States under this convention shall not be in any respect merce, the advantages of the Nicaragua route are so great and so lessened or impaired. ARTICLE XXVII. conspicuous that it is a most serious disadvantage f.9 the com The joint coiDmission referred to in Articles m, VII, and XIV shall be es merce and the health of all commercial nations to force them to tablished as follows: traverse the Panama route with their ships of commerce. The President of the United Sta~ shall nominate two persons and the INFERIORiTY OF PANAMA POPULATION. President of Colombia shall nominate two persons and they shall proceed to a decision; but in case of disagreement of the Commission (by reason of their As to the population of the respective countries which these being equally divided in conclusion) an umpire shall be appomted by the two routes traverse, we have the opportunity to fill up the canal zone Governments, who shall render the decision. In the event of death~ absence, ill Nicaragua with a populationl whether native or foreign, of our or incapacity of any Commissioner or umpire, or of his omitting, aeclining, or ceasmg to act, hi~ place shall be filled by the appointment of another per own selection, which will be orderly, industrious, thrifty, peace son in the manner above indicated. All decisions by a majority of the Com able, and easy to control, while in Panama we have the desperate mission or by the umpire shall be final. problem of getting rid of a large element already there who are ARTICLE XXvm. as degraded, dissatisfied, turbulent, mixed, and filthy and as dan This convention, when signed by the conti·acting parties, shall be ratified gerous to the peace requisite for a canal zone as can be found in according to the laws of the respective countlies. and shall be exchanged at Washington within a term of eight months from this date, or earlier if any place in the world. possible. As to political conditions involving the peace of the country, In faith whereof, the respective plenipotentiaries have signed the present Costa Rica and Nicaragua are far the safest States on the Amer convention in duplicate and have hereunto affixed their re5l>ective seals. Done at the city of Washingt.on the 22d day of January, m the year of our ican Isthmus, as they are the most commercial, the best educated, Lord nineteen hundred and three. and most civilized people of all those States. · (Signed) JOHN, HAY. , [SEAL.] AB to the element of safety for a canal, with reference to popu (Signed) TOMAS HERRAN. [sEAL.] lar outbreaks or the smoldering fires of insurrection and political ADDITION .A.L A.ME"h"'DMENTS. jealousies, I claim, with entire confidence, that at no -place in the Additional amendment 1. world can such security be found for an interoceanic canal as ARTICLE-. It is agreed between the high contracting powers that noth ing that is contained in this treaty shall be held or construed in any manner exists in the San Juan basin and on Lake Nicaragua; that region, to alter, amend, modify, repeal, or change the proJ?er legal construction of for two-thirds of the length of the line of the canal, being the the act of Congress approved June twenty-e'ighth, nmeteen hundred and two, practical boundary line between Costa Rica and Nicaragua. 6ntit1ed "An act to provide for the construction of a c.a.nal connecting the waters of the Atlantic and Pacific oceans," under which act an agreement is Neither of these States will have any ownership or control of authorized to be made with the New Panama Canal Company and ti·eaties the canal or the zone set apart for it, nor of any rental arising are authorized to be made with Colombia and with Nicaragua and Costa from it; yet they are both perpetual beneficiaries of the commerce, Rica. industries, capital: and population that it will pour into these Additional amendnLent !. States in rich abundance. Both of these States are therefore the ARTICLE-. It is agreed by the high contracting powers that res:pect for the rights of the citizens of the United States under their Constitution and interested protectors of tpe canal as against each other; and the for the present humane state of the Christian religion, in which the ordi United States, as the owner of the canal in perpetuity, is bound nances and prescriptions of the Spanish Inquisition have no place or toler by its own interests as well as by necessity, and will be bound by ance, that the provisions of the concordat of 1888, between His Holiness Pope Leo XIII a:cd the Government of Colombia, and the laws enacted by Colom- treaty oblig~tions if this route becomes the alternative, to protect - bia, or that shall be hereafter enacted in furthet'a.nce or execution of said the sovereignty of both these States against all foreign powers concordat, ehall not apply to any citizen of the United States in Colombia, and against each other. We will stand between them as a power or to an_y perwn who shall be in the service of the United States, or to any officer, agent, or servant of the United States who is in any way engaged in ful umpire of all disputes that involve the canal and as the chosen the construction or operation of a canal or the Panama Railroad under the guardian of their national peace and security, and, above all, to provisions of this treaty. see that justice is done. In this way I have set forth the language and provisions of each Such guaranties, when compared with those we must give, for separate article of the treaty to which I object and the full text the sake of self-protection among the warring factions that exist of a treaty for \fhich I am willing to vote, so that there can be no and have always existed and will continue to exist in Panama, misunderstanding as to my personal attitude on this subject, and are as the word of friendly advice and admonition in a contented that the misconceptions and injurious and false statements as to household to the work required to suppress a vendetta in a com my attitude and purposes that I have suffered may cease. munity of lawless and revengeful combatant.1. I voted for the canal law of June -28, 1902,which gives a certain COLOMBIA'S INTEREST IN C.AN.AL PURELY MERCENARY. preference to the Panama route over the Nicaragua route, because Colombia has fourteen departments, thirteen of them on the the Senate had declared such a preference in adopting the Spooner continent of South America, among the Andean range of moun amendment. I did not believe that an appropriation to construct tains, and the other, Panama, on the Isthmus, which is as distant an isthmian canal could beobtained on any otherterms, and I did from-Bogota as Juneau, in Alaska, is from San Franc!sco, and not see or believe that it was my duty to set- up my individual much more distant in point of time for a journey by land or sea. judgment against that of a majority of the Senate on the ques Colombia prowr has no commerce with Panama, and will ha\'e tion of the choice of canal routes. none that is ever to be a matter of profit to either. .
I / 1903. CONGRESSIONAL RECORD-SENATE. 17
Colombia's interest in the canal will consist almost exclusively Canal, which is estimat:d at$189,864,062, and the balance in favor in the price she is to get for the concession and the annual stipend of the Panama route is $5,630,704. we are to pay her, and her natural policy and design will be to Three million dollars of this supposed advantage is swept away find occasions and excuses for an increase of that income, by new by the increase of the price of the concession, from $7,000,000, agreements, as she has done with the Panama Canal and the which Colombia agreed to take for it when the canal bill was Panama Railroad Company. If we give her any actual power or pending in the Senate, and the rest of it has disappeared in the control in the canal, whether it is police power, military power, more than $3,000,000, which is the value of the lands" outside hygienic control, or judicial authority, it will be used not only in the canal zone," which we give to Colombia in the first article of a partisan way, but as an impediment to our free and rightful use the treaty. of the property, with a view to an increase Of the profits of her On page 103 of the final report of the Isthmian Canal Commis bargain counter, out of which she made $5,000,000 out of the sion is the following statement, which is remarkable for its Frenchmen in sales of extensions of canal-and railroad concessions obscurity and the looseness of it. It is as follows: that were being worked, at enormous expense, for her sole ulti The maps, drawings, and records are unusually complete, and their value mate benefit. is great, though not capable of ac.curate estimate. In the judgment of the Commission, a fair allowance for these would be $2,000,000. These considerations, with others of still greater importance, Summing up the foregoing items, the total value of the property is found have convinced me of the advantages of the Nicaraguan route 1<9 be: over the Panama route, and I have not in the least changed my Excavation already done ...... •...... ••....•..•.• --···· $27,474,033 opinions, though I have yielded my judgment to the majority in Panama Railroad stock at J>ar .....•...... •...... 6,850,000 the Senate upon the conditions prescribed in the canal law of Maps, drawings, and records·····:-··-··························-··- 2,000,000 June 28, 1902, as I believe it to be my duty to do. Total ...... ---···-·····--····-·····-····························· . 36,32!,033 COMP A.RATIVE COST OF THE TWO ROUTES. . to which add 10 per cent to cover omissions, making the total valuation of As to the cost of the canal on the respective routes my opinions the Panama Canal $40,000,000. are already fully vindicated. Thie account does not "add up" by $43,564, but it allows for The Isthmian Canal Commission, headed by Admiral Walker, "omissions" $3,324,033. following its preliminary report to the President, made six Admiral Walker, in his depositjon before the Committee on months earlier, made its :final report in favor of the Nicaragua Interoceanic Canals, testified as follows: -route on November 16, 1901. In that report, on .page 261, they .ADMIRAL W .A.LKER'S STATEMENT. sum up the cost of the two canals as follows: The CHAIRMAN. In some part of your final report you state that the The cost of constructing a canal by the Nicaragua route and of completing value of the work, excavation and embankment, whatever work has been the Panama Canal, without including the cost of acquiring the concessions done there, the value of it at present, to be used in the completion of the . from the different Governments, is estimated as follows: canal, is $21,000,000 . Admiral W .A.LKER. It is about $4.0,00),000. The CHAIRMAN. No; you say $21,000,000. · ~~~~E.:::::::=::~:==:::::::·.= · :~:::=:::::::::::::::::::::::::::::: st~:=:~ Admiral W .ALKER. The total value of the Panama Canal property we For a proper comparison there must be added to the latter the cost of sum up at $36,324,033, to which we add 10 per cent, making it practically acquiring the t·ights and JYI"Operty of the New Panama Canal Company. This $4.0,000,000. Commission has estimated the value of these in the project recommended by it The CH.A.IRM.AN. Before that, in the same report, you say that the value at$1;0,()()(),()()(). of the work done there in the way of removal of earth, etc., as it stands at present, is $21,000,000. The project so recommended by the Commission is stated in the Admiral W .A.LKER. $27,474,000. following words: · The CH.AIRM.AN. But at a previous place you stated that $21,000,000. I After considering all the facts developed by the investigation made by the want to find that place. Commission and the actual situation 11.8 it now stands, and having in view the Admiral W .ALKER. If it is here we can find it. · terms offered by the New Panama Canal Company, this Commi..<>Sion is of The CHAIRMAN. Yes; it is here. the opinion that "the most practical and feasible route for an isthmian canal Admiral WALKER. I think what you refer to is on page 101. _to be under the control, management. and ownership of the United States" is that known as the Nicaragua route. When the Commission, composed of nine wise men-the pick of the country-among whom was an ex-Senator who was a law Railroad~~ni~~ifti~~ diversion ===== (4 miles) ===~======:::::::======-····· ...... ····-····· •...... --···· -····- S2~: 300,000m: ~ yer, stated in their final report that they had "estimated the Total ...... -·····...... 22, E95,028 value of these (the rights and property of the New Panama Canal To which is added for contingencies the usual20 per cent, or·····- 4,5i9,005 · Company) in the project recommended by it (as above copied) at $40,000,000," I understood them to mean that they would ad Making the aggregate ...•...... •.....••...•...... ·-····- 27,474,003 The CHAIRMAN. The value of the items of actual work do~ there is here to their recommendation of the Nicaragua route, if the summed up here on page 101 at $21,020,386 for canal excavation and 5178,186 canal company should be willing to take the $40,000,000 for their for the Chagres· diversion, $1,396,466 for the Gatun diversion, and for.the :rights and property. railroad diversion, 4 miles, $300,000. That railroad diversion does not mean a. diversion that has already taken place, does it? I respectfully submit that this language does not admit of any Admiral W .ALKER. Yes, sir; it has already taken place. That is a part of other construction, and when the H.epburn bill passed the House the cost of the canal. They were obliged to divert the railroad in order to and did not provide for an Isthmian Canal Commission, I con carry on the work of excavation through the Culebra cut. The CH..AIRMAN. But, as I understand it, we are not trying to find out cluded that the Commission changed front on their recommen- what it cost the French to build the canal or any part of it, or the railroad . dation without any change of the facts or any change of their or any vart of it, but we are trying to find out what it is worth to us. recommendation in favor of the Nicaragua route as made in Admrral W .A.LKER. Yes; exactly. The CHAIRMAN. Well, why should it be worth $300,000 to us to divert that their final report, following their preliminary report made to the railroad? President. Admiral W .A.LKER. Because it was necessary to divert it, and it has been It was beyond question that the estimated value of the canal diverted, and the cost of diverting it is estimated at s:n>,OOO. The reason for that, Senator, is that the great Culebra cut comes through like that, we will property and rights of the Panama Canal Company,at$40,000,000, say rindicating]. Now the railroad comes along down ·here on the right uas included as an element in their recommendation of the Nicm·a hand' side and goes around this hill, and then, crossing this cut right he1·e guan route. and its subsequent offer to the United States at the [indicating], goes on here. · It had to be gotten out of the way, so they have brought the railroad down at sum by the French company could not, logically or rationally, here [indicating] and carried it off, still on the right-hand side of the canal, change their recommendation from Nicaragua to Panama. away down to the westward, to cross lower down. It was in the way of the The facts were not changed, but the recommendation was canal and had to be taken out of the way. The CHAmM.AN. When that canal is completed, your plan is to return the entirely reversed, without assigning any new fact or reason that railroad to that berme or bench? they had not already reported to the President on two occasions, Admiral W .A.LKER. Probably; yes. That has been suggested; tho raih·oad Instead of recommending an offer of $40,000,000 to the canal would probably be run through the cut. The CHAIRMAN. So that we would pay for ha.ving diverted it $300,000, and company for their rights and property, they "estimated the then we would have to put it back at our own expense. · · val~e of these in the project recommended," which project was Admiral WALKER. Any changes or improvements we make after we own the Nicaraguan route. it, of course, we would have to pay for; but it is necessary to divert it here now and it has been diverted. The work hM already been done. When the canal company offered to take $40,000,000 for their The CHAIRMAN. Now, including that and these other diversions, the rights and property, the Commission should have said to the offer whole sum of value to us of this canal, as you estimate it; is $2'2,895,0'28. of Monsieur Bo, if they meant to adhere to their reports and to Admiral W .A.LKER. Plus the contingents. The CH.A.IruiAN. Now, I want to get at the "plus the contin~ents." Why, the facts stated in them, after appraising the property at its actual present 'Value, do thiS Commission We have estimated this $40,000,000 in our report to the President and have put on that $4,579,005 for contingents? . decided to recommend the Nicaragua on the basis that your rights and prop Admiral W .ALKER. Because in making an estimate on a great piece of erty would cost $40,000,000, and that closes the incident. We have advised work it is not an. exact statement of the cost, but it is an estimate. Tllat is, it · the President that the Nicara~a route is the preferable one, even if you is an opinion, and it is customary among engineers, in estimating on all engi sb~uld be willing to sell your rights and interests for $4.0,000,000. neeringwork2 to add to their estimates a percentage for unforeseen things The estimated cost of the Panama Canal is put by our Commis- forgotten thmgs, all kinds of things-that may turn up in .the future. sion at ...... : ...... $144,233,358 Senator MITCHELL. Is there not a great difference, though, Admiral Add, for the cost of the property ...... •...... _ 40,000,000 between estimating on a great work to be done and estimating the value of a work ah·eady: done? Total .•.•..• ···-••...... _...... • · ..... _...... 184,233,358 Admiral W .A.LK.ER. If we could get at the exact figures of all the work that had already been done, of course we should not have to estimate on it Deduct this sum from the estimated cost of the Nicaragua at all. We could give the exact figures. XXXVII-2
\ 18 CONGRESSIONAL RECORD-SENATE. MARCH 9,
Senator MITCHELL. But is not that the fact here? Here is a certain plant And the cost of the Nicaragua Canal is 189,864,06.2, which is which you find there; which it is suggested that the United States buy. Admiral W ALKEB. We made no estimate whatever on the plant. This 993,329 in favor of the Nicaragua route, if we ratify this treaty. is the work done. THE WAY SOME OF THE FIGURES ABE OBTAThz::D. Senator MITcHELL. I mean the property, the work that has been done there. In the estiniate of the value of the work actually done on the Admiral W .ALKEB. Remember that the work which they have done has Panama Canal, as stated on page 101 of the report of the Isthmian been done on a plan different from ours, and we are obliged to estimate its Canal Commission, the s1IID. of $4,579,005 is added for "Contin value under our plan. The CHAIRM.A.N.' I understand that the Commission were trying to arrive gencies, 20 per cent." Questions asked Admiral Walker, when at the present value of the work already done. giving his depositions before the committee, developed the fact Adriiiral W .AL.Kl!:B. Yes; the value to the United States of the work already that this sum was added to the value of the work because that done; that is, its value on the plan recommended by the Isthmian Canal Commission. would be a fair allowance to the Panama Canal Company for its The CHAIRMAN. Very good; that is what I understand. Now, that be cost to them. This queer plan of adding the cost of the work to ing so, and lou having already estimated that that work is wortl}, including its money value is accounted for as being" an engineer's method" the railroa diversion, the Chagres diversion, and the Gatun diversion is worth $22,895,028, how do you increase it above that by adding something for of valuing such property. contingencies? It is only padding the actual value by adding to it a contingent Admiral WALKER. We put on the same contingencies that we put on cost of 20 per cent. everywhere in our estimates all through, for errors of human judgment. The CHAIRMAN. But that, as Senator Mitchell suggests, is for work tliat When this sum of $4,579,005 is added to $2,000,000 for maps, is to be done, and this is work that is ah·eady done. drawings, and records, the conjectured cost of $6~579,005 is added Admiral W .ALKER. We put it on for the work that is done, because we to the cost of the Panama Canal, because it is not deducted from are trying to value this work upon our plan, trying to get its value for our the $40,000,000 we are to pay to the Panama Canal Company, pla.ft.e CHAIRMAN. Now, I notice here, Admiral, in estimating these con above the actual value of the property we are to get from that tingencies you_put on 20per cent, amounting to $!,579,005, and make a total company. These items of cost are of no value to the canal and aggregate of S27,474,003. I notice that on page 101. And then you put in that entire sum on page 103-$27,474,03:J? constitute a mere bonus for the contract. Admiral W ALKEB. Yes. As we will pay thls sum for nothing that is of value, it should The CHAIIDIA.N. And you put the contingencies on again at 10 per cent, be added to the cost of the Panama Canal and would run it up so that there is a double contingency on the same work. to $191,812,363, which is $2,948~301 more than the cost of the Admiral W ALK.EB. Yon will :find the reason for that in the supplemental report, Senator. . Nicaragua Canal. The CH.AIRMAN. I should like to have you state the reason, whatever The difference between the actual cost of the Panama Canal you think it is; but that is evidently a doubling of the contingencies. Yon and the Nicaragua Canal, as estimated by the Isthmian Canal make it first on the $27,
J 1903. CONGRESSIONAL RECORD-SENATE. 19 the agent of the Government, to purchase all the properly of the Seine, is hereby accepted, subject to modifications of articles 21 and 22 of the concessionary contract by the ratification by both countries and the going New Panama Canal Company, situated in Panama, of every kind into effect of the pending treaty concerning the Panama Canal between the and character, whether it is real, personal, or mixed. United States and Colombia, now signed and awaiting ratification. The President desires that the proceedings neces.o.ary to the transfer of the title GRANT OF REVERSIONARY RIGHTS TO COLOMBIA.. and possession of the property be forwarded as soon as possible to end that Instead of obeying this law, the President agrees in this treaty when the pending treaty is ratified and goes into effect nothing will remain to be done but to consummate the transaction by the aelivery of possession that the land granted by Colombia to the railroad company and and the payment of the consideration. to the Panama Canal Company, in absolute right, which is out P. C. KNOX, Attorney-General. · side of the canal zone, about 6 miles wide and 46 miles long, shall NOT AUTHORIZED TO DO SO BY TREATY. revert to Colombia. Now, I firmly insist that no provision is in this treaty, and none Not having the power to make this agreement, under the law can be made in it, whereby that appropriation can be diverted to of June 28, 1902, he asks the Senate and Colombia to give him the purpose stated by the Attorney-General in his letter, because that power, which is a repeal of a most important provision of that act of appropriation can not apply to the contracts that are the statute, and a clear excess of the powers conferred on him. proposed to be made by this treaty. CANAL Z01\'"E 4.6 INSTEAD OF 100 MILES LOKG. Colombia can not unite with ·the President and the Senate in Second. The act of June 28, 1902, requires a canal zone to be making a law appropriating money in the Treasury of the United obtained by tr-eaty with Colombia, that extends from ocean to States for any purpose, and any money to be drawn from the ocean. Instead of that, the PI·esident employs the special power Treasury for any purpose can only be drawn out or paid in pur to make such a treaty, granted by Congress on his application, suance of an act of the Congress of the United States. to obtain a canal zone that extends only across the terra firma of It is a dangerous and reckless promise that the Attorney the Isthmus, and·is not more than 46 miles long, instead of being General has made to the New Panama Canal Company in the more than 150 miles long, as is required by that act of Congress, letter I have quoted. It is an open defiance of the act of June and he excludes from it the cities of Panama and Colon, which 28, 1902, which strictly prescribes the conditions on which the are included by the act of Congress. President can draw the money from the Treasury on his warrant. coNTROL INADEQUATE. Moreover, it was a needless promise, made to prevent the New Third. The act of June 28,1902, requires the President to obtain . ?'ana!Jla Ca~l Company from withdrawing its offer to sell what by treaty with Colombia the perpetual control of the canal and It cla1ms as Its property aft~r March 4, 1~03, ftJr $40,000,000. A the canal zone which control is exclusive in its character as de- company that would lower Its offer of thiS property from $109, fined in the act, and is fixed by the settled public policy of the 000 ,000 to 40,000,0~0 as suddenly as a s~ne would drop 100 feet United States as declared by all our Presidents and Secretaries of can not be taken senously as to any bluff Its lawyer may make at State since Lincoln. our 4-ttorney-General. . Instead of this, the treaty before the Senate only provides as Th1s f~lse play that has caused such ap~arent consternation at matter of right on behalf of the United States the control of the the White House has only created mernment throughout the canal for a term of one hundred years, as a lessee and not as owner, world. This alarmed co~dition seems to have beeD; qu_ieted by and the privilege to exercise joint control with Colombia in the s?me aiTangement. ~f wh1ch the Se~ate has no offiCial rnform~ administration of the laws by courts of local and maritime juris- t10n. We are ~dVISmg. and consentiD;g to an arrangement that IS diction, which courts must act under the laws of Colombia, no expressly proVld.ed for 1!1 the first article of the treaty now !">afore other laws being provided for in the treaty as being of force in th~ Se~ate, and IS per~tted by the .act of June 28, 1902, Without the canal zone to regulate the jurisdiction or the proceedings in "!Jerng informed as to Its terms or bemg allowed to know whether the courts, or to enforce their judgments or decrees. It conforms to that law. THE TREATY-MAKING POWER OF THE PRESIDENT AND SENATE. UNITED STATES DENIED RIGHT TO PROTECT OR DEFEND CANAL AGAINST AN ENEMY. Having in this brief way stated some of the reasons why I can Fourth. A joint control with Colombia in matters relating to not support this treaty, and having prepared a substitute for it, police and the preservation of the health of the canal zone is also by way of amendment, which accepts the Panama route and created by this treaty contrary to the act of Cong1·ess. This treaty attempts to secure the rights that every American demands for violates that act of Congress which provides for the protection of his country. to which I respectfully ask for criticism or amend the canal by refusing to the United States the Ii.ght to protect or ment. I will now proceed to state some objections to the manner defend it against any enemy, or against the soldiery of Colombia, in which this treaty is brought before the Senate and to there so long as Colombia shall choose to exercise that power; and it fusal of the President to reply to the request of the Senate for for bids the presence in the canal zone of any milltary forces of the information touching the advice and consent he requests of the United States, except in the event of extreme necessity, and then Senate. and which the Constitution requires this peculiar and only until Colombia shall undertake that duty with her own forces. powerful tribunal to give the President on such occasions. This provision violates the spirit of the entire act of June 28, I am well aware that some Presidents have regarded such ad 1902, and the letter of every provision of that law that relates to vice and consent as intrusions upon some fancied prerogatives the protection and defense of the canal, or of our people engaged they have supposed that they possessed in virtue of the office. I in its construction and operation, and of our ships and commerce have read our constitutional history ainiss if there is a shred of passing through the canal. the prerogatives of the English kings left to taint our constitu Other flagrant violations of the act of Congress above referred tional system with the virus of this haneful pretension, and I to are found in this treaty, which will. be pointed out further on hope our President is immune from that illusory imagination. in my remarks. The special tribunal, composed of the President and the Senate, Any one of those I have mentioned repeals the act of June 28, which has exclusive jmisdiction of the making of treaties under so far and so effectually, and to substitute this treaty in its stead our Constitution, has the immense power of enacting supreme as the supreme law of the land, and, so changed, the money ap laws for the United States. propriated in the act can not be paid out by the President for These laws repeal statutes with which they are in conflict, even these new and different purposes. by construction. ATTORNEY-GENERAL PROillSES TO PAY THE $!0,000,000. A foreign government must concur in these laws to make them It is not to be supposed that any public officer will so far trans operative in the United States, and they must receive the affirm gress the law as to pay or apply money drawn from the Treasury ative vote of two-thirds of a quorum of the Senate. They are not on his warrant to purposes essentially different from those that still operative until there is an exchange of the ratifications of are stated and defined in the act of Congress that makes the the treaty between the two governments, and until the President appropii.ation. of the United States has publicly proclaimed such ratification and Yet the public prints contain what is alleged to be a promise of the exchange of the evidences thereof by the respective powers. the Attorney-General made to the New Panama Canal Company The exchange of the ratifications is a mere verification of the that the President will pay the $40,000,000, appropriated upon records containing the enactments by the two governments, and certain conditions, for the purchase of certain property of that the proclamation, like the exchange, is a ministerial act. company when this treaty is ratified. The alleged letter of the If a treaty ratified by one power is amended by the other, there Attorney-General has not been sent to the Senate, but it appears is no enactment, but only a negotiation that is not concluded. in the public prints as follows: In such a case the President can decline to continue the negotia tion. W .A.SHINGTON, D. C., February 16, 1903. When the question of ratification is submitted to the Senate its ::M. M, President of the Council of Administration of the Compagnie Nout·elle du Canal du Panama, No. 1 Rue Louis-le-Grand, Paris, France: right to advise the President begins, and when it votes on the By direction of the President of the United States I have the honor to say question of ratification, with or without amendment of the treaty, that the offer of the new Panama Canal Com_pa.nyias contained in your tele its consent is finally expressed. The President has no veto on the grams of January 9 and ll, 1002, through Admira Walker, to sell the J?rop vote for the ratification of a treaty, or for its rejection. erty and rights of the company on the Isthmus of Panama and in PariS, to which offer M. Gautron,liqui
for the honor of our country and the permanent peace of Colom to elsewhere i~id treaty now pending in the Senate, or, if said canal zones bia, that these reports were unfounded, for we see from the re are different, in what respect do they differ. criminations of these generals in their colTespondence at the time These resolutions were voted down in committee, and after that this was a. very sore subject. wards in the Senate, for reasons that are answered effectually, If the President needs the advice of the Senate on that point, as I believe, in a minority report I submitted to the Senate. As or if it is the constitutional right of the Senate to give it, he I have no hope of getting the information called for in time for should furnish these facts, or the refutation of their false asser the action the Senate will take on the treaty, it is useless to ask a tion, on the request of the Senate. vote of the Senate upon them. I endeavored to get a statement Ample time has elapsed for a reply and none has come, so that of the matt-ers called for on application to the Secretary of State this respectful request of the Senate must be considered as being by letter, and having failed, I must rely upon other sources of either impertinent or idle. information for some knowledge of what has been done and is "THE KING C.!.N DO NO WRONG." being done in Colombia. It will not do to permit this matter to be drawn into precedent, FORTUNATE TREATY WAS NOT RATIFIED BEFORE MARCH FOURTH. or the Senate will become the mere passive register of the edict It is stated in the newspapers that an election for members of of the President, that when he submits a treaty to this tribunal Congress was held in Colombia on the 6th of March. I am glad for ratification we must accept it without inquiry, on the maxim that this treaty was not ratified before the 4th of March, when that" the king can do no wrong," and that a knowledge of the Colombia was in utter collapse as a constitutional government. facts is not essential to the value or the importance of the advice It may be possible that a constitutional government there has the Sen~.te is to give on oath, to the President. begun to be instituted by the votes of that people and that we Complaint is made of me, with fierce determination, that I will will be thereby saved from the ridiculous and dangerous attitude not act, on my oath, until I am properly informed as to the facts of sending a ratified treaty to a government that was perdu. . on which this unexampled treaty is urged to the stage of ratifica I am glad that I had the strength to save our country from tion. I will endure it longer and with more satisfaction than the this reproach which the Liberal party in Colombia would viSit Sen.ate can endure this breach of its constitutional privilege, as upon the intemperate heat of our cupidity. in tlie adviser and coworker with the President the enactment of CONSTITUTIONAL GOVERNMENT C.!.N NOT BE CREATED IN COLOMBIA BY this treaty as the suprem~law of the United States, in respect of DIPLOMATIC RECOGNITION. the ownership and control of an isthmian canal, to be constructed I am unable to admit that the President can creat-e a constitu with the money of our people. tional government in Colombia by his mere diplomatic recogni VIEWS OF MINORITY IN RELATION TO P.!.N..UU C.!.NAL CO~"VENTION WITH tion. The answer to these resolutions would show, what all the COLOMBIA. world believes, that Colombia has no Congress in existence, and I introduced in the Senate other resolutions, as follows: can have none until a state of peace and constitutional civil rrile FEBRUARY 3, 1900.-Mr. MoRGAN submitted the views of the minority on his has superseded the military dictatorship of Marroquin, that has resolution of January 26, 1903, in relation to the Panama Canal convention with Colombia., signed January 22, 1903; which were ordered to be printed existed in Colombia since 1898 and will continue until the organic in confidence for the use of the Senate. autonomy of the State has been restored. The majority of the committee having reported adversely to the adoption I can not conceive of a treaty as being of undisputed validity of the following resolutions of inquiry, I am constrained to state my reB.IlOns that is made on behalf of a people who are in the distress and for asking the Senate to adopt them; SECTION 1. ReBolved, That the President is requested, if it is not incompat. agitation of civil discord which concedes ·vastly important rights ible with the public interests, to inform the Senate a.s to the alleged full to the United States, covering the perpetual control of a canal powers of Senor Herran, charg€1 d'affaires of Colombia., who signed the treaty zone that cuts a department into two parts, when only a dictator between the United States and. Colombia that was sent to the Seuate on the 23d of January, 1903, for :ratification, to negotiate and sign the same. holds the reins of power and one of its organic departments-the 2. And that he send to the Senate a copy of the powers of said negotiator, Congress-is not in existence. and that he will inform the Senate under whose authority Senor Herra.n Much less can I believe that an acquisition of such territorial acted in negotiating and signing-said treaty. 3. And that he will inform the Senate whether the person who gave such rights in Colombia will be accepted or endured by the present or authority is the lawful President of the Republic of Colombia, and when he the future generations of Colombia, and especially by the gallant wa.s elected to said office, or whether he is acting as the dictator or military and intrepid natives of Colombia who belong to the great Liberal ruler of that Republic. - 4. And further, that he will inform the Senate whether any Congress party of Spanish America. elected under the constitution of the Republic of Colombia. is now in com FACTS NOT FURNISHED. mission or in existence in that Republic, and whether any elections have been held in Colombia for members of Congress during or since the civil war in I do not know the facts relating to this serious situation that that Republic; and in what departments thereof members of Congress have must be in possession of the Government. I have called for them, been elected, and when they were chosen, by whom they were chosen, and and the Senate has refused request the President to furnish when. to 5. And that he will inform the Senatewhatelectionsarecalled,or directed them from the records of the Department of State. I must be to be held, for members of Congress in Colombia, and by whose authority pardoned if, trying to find my way where the light is purposely they are required to be chosen, and whether such elections are for a. full obscured, I am reluctant to move with reckless precipitancy. I term of Congressional service, or for a special session of the Congress of Colom bia, and whether such special session is to be held for any and for what have no President to drive me through so dark a labyrinth, and special purpose. no steering committee to pilot me, and I must move with eaution. 6. And that he will inform the Senate at what date will the elections for There is still another phase of the present situation to which I members of ConSTess of the Republic of Colombia. be completed, so as to fill up the constitutional quota of full representation in said Congress. will draw attention, in the defense of my own attitude on this 7. And that he will further inform the Senate whether the civil war in treaty, against unjust criticism in the Senate, and to refute base Colombta. has ceased in all the departments of that Republic, and when, falsehood and misrepresentation elsewhere. and by what act, agreement, decree, or proclamation the pacification of that Republic has been declared or established; and whether,and towhatextent, TREATY NEEDS AMENDMENT. military law or military government obtains in the Republic of Colombia.. I insist that the treaty needs amendment, and Senators, includ 8. And further, that 'he will inform the Senate whether there is any, and what, provision in the constitution or in the laws of Colombia that empow ing the chairman of the Committee on Foreign Relations, admit ers the President of the Republic of Colombia to sell, or to authorize the Pan that some of the amendments offered in the committee would ama Canal Company to sell, to the United States any concession it may hold improve the treaty and make it more acceptable to our people. under the laws of Colombia. for the construction of an isthmian canal at Pan ama without the consent of the Congress of Colombia first had and obtained; I confess that I can not understand the grounds Ot.J. which we and whether such sale, or offer to sell1 or any such consent to a sale thereof, can justify our failure to do for our country what isrightand de is not an unlawful act and violative or the constitution and laws of Colombia. serves be done. We are not treating with a power that has 9. And that the President will inform the Senate whether the act of Con to gress, which was not sent to the Senate with the text of the treaty with subdued us and from whom we are asking quarter, no1• are we Colombia.hand is described in the precis of the treaty, as follows: "The Con praying for compassion at the hands of Colombia or the New gress oft e United States of America having passed a.n act approved June Panama Canal Company. I scout this idea as the mere makeshift 28,1902, in furtherance of that object, a copy of which is hereto annexed," is a part of the agreement between the contracting powers, or is in any, and in of a deceiver who would prefer to dishonor his country rather what, respect to be so treated by the Senate, or is treated or regarded by said than lose the advantage of a supposed bargain or disobey the powers as a. part thereof; and if so, for what purpose the same is regarded command of the President. as a part of said treaty, and wnether said act of Congress and the text of said treaty are, by agreement between said powers, to be construed in con If we lose this bargain, are there not others greatly to be pre nection, the one with the other, in the interpretation of the meaning of said ferred that await our acceptance? Do we suppose that the Ameri treaty or of said act of Congress; and that he inform the Senate whether a. can people do not see the deception that we so cordially embrace? copy of said act of Con~ress was annexed to the part or copy of said treaty that was signed and delivered to the diplomatic agent or charg€1 d'affaires of Being in no strait of necessity, we can not refuse to do what is the Republic of Colombia by the Secretary of State of the United States of right and dutiful as Senators, unless the Senate means to sun·en America as the act of this Government. • der its independence of thought and action to the arbitrary demand 10. The President is also requested to send to the Senate copies of any agree ments between Colombia and either of the Panama canal companies, or any of the President. laws or decrees of any Government in Colombia that relate to a. zone of ter "A GALLEY SLAVE OF COLOl\fBIA." ritory along the route of the canal to be constructed in Panama or to the I can not follow those who would sink the glorious prestige of Panama Railroad. and to inform the Senate whether such zones of territory were in all respects the same and include the same area and extent that is the U~ted States to the humiliation of a galley slave of Colombia. particularly prescribed in article ill of the treaty with Colombia and referred The desil·e of the President for what he may conceive to be a
\ \ 22 CONGRESSIONAL RECORD- SENATE. MARCH 9,
I brilliant coup d'etat, execut-ed in company-with Marroquin and right to construct in Colombia canals or railroads to connect the I the New Panama Canal Company, if he entertains that question oceans. able ambition, Btiggests to me the need of a more j>&tient con (4) That it pledges the United States to the perpetual obliga servatism among Senators as his constitutional advisers. tion of the treaty of 1846-1848 with New Granada. DESCE...l'i"T ON ~~UELA. (5) That it prohibits the acquisition of territory by the United William II and Edward VTI, followed by Ita.lywith a gleaner's States in any parl of Central or South America for all time to basket, recently made a brilliant descent on VeneZllela, and when come, while it leaves Colombia under the civil or temporal the Indians of the Andes, led by Castro, manned the forests to supremacy of the Holy See of Rome by our silent acquiescence in welcome their armies to hospitable graves, they thDU.ght to con the concordat of 1888 and its direct application to our citizens in fer renown upon our President by asking hlm to show them the Colombia and in the canal zone, whereby the foundation princi nearest and best road home. These old Senators fairly sat down ple of the Monroe doctrine is abandoned., under our treaty obliga upon our youthful hero, who desired a place in that picture, and tions that our people should be subject to all the laws of Colombia saved him from himself and saved the country from wa-r. while residing in that country or in the canal belt. The weakest man in this Senate is not to be despised if he (6) That we are made to guarantee the autonomy and inde should venture to check the wild and foolish idea that a war with pendence of every State in Central and South America. · any faction of .Colombia, not to mention the mountam provinces, (7) That we agree to pay Colombia $10,000,000 cash for the waged to obtain what we want, and are too weak or too cunning rental of ~he ca~al belt, for 'Yhich s~e bound herself to accept now to demand, is so trifling an obstacle to our cupidity that it $7,000,000 m.April, 1902, by a diplomatic covenant, on which Con d-eserves no consideration. gress acted in giving the preferential selection to the Panama NO'I'WITlfSTANDING ITS DEFECTS TREATY MUST BE ACCEPTED WITHOUT route over the Nica:ragua route, thereby ratifying and applauding .A.MENDMEKT. an act of blackmail by a public treaty. I have heard Senators announce that we must have this treaty (8) That the treaty, in connection with the fifth article of the without amendment, no matter what its defects may be, becaus~ co~on of 1878 toN. B. Wyse, p-:ohib?-ts us from sending our Colombia will reject it if any amendment is made to it. . sbips of war through the canal built With our money, without I believe, but I do not know, that this is also the demand of the th-e express consent of Colombia, given by sp-ecial treaty or by President, in which belief I find strong confirmation in hls special h-er act of Congress, when we are at war with any oth-er people message to the Senate, in which he ventures to administer to some or government. Senators a severe and undisguised rebuke for the failure to ratify (9) That, contrary to the act of June 28,1902, the United States this and the treaty with Cuba. can only exercise police powers in the canal zone, in conjunction Some da.y he may thank the Senate for modifying the strenu with Colombia, for the protection of the canal or om· property osity of his conviction that he needs no constitutional advisers. phere, or the property of the people of other nations there or in Tt.'8 true Lord of Hosts is not always _pictured as " the man on treserving the peace or the health of that zone. ' horseback." (10) That the cities of Panama and Colon are excluded from AGGRESSIVE TEl!PER FROl! WHICH NO GOOD CAN COME. the canal zone, as the four islands in the Bay of Panama which I have heard other Senators argue tbat a war with a faction in belong to the canal company are excluded, when the act of Jtme Colombia, or with Colombia, is too insignificant an obstruction 28, 1902, inc1uded them in that zone. to divert us from asserting full practical sovereignty over a canal • (11) That Colombia rese1·ves the right, in the canal zone fixed zone, or for that matter ove!' Panama, once we have a foothold by said act, which extends from the Atlantic to the Pacific there under this treaty; and some of the influential journals, oceans, to establish port.s, under her exclusive jurisdiction be whose articles I have copied in the RECoRD, assert our right to -tween the ports that the United States is allowed to open inland enter Colombia under concessions that we can -purchase from the and the open ocean, thereby enabling Colombia to completely Panama Canal Company and being once in possession we should control those outside ports in ways that would, under this treaty compel that half-civilized country to do what is best for the United lawfully obstruct their free and convenient use as canal ports. ' States and for Colombia. (12) That this treaty excludes the idea that the United States I do not state these wild views to criticise them, but to show the can erect fortifications at or near Colon, or on the four islands in aggressive temper from wbich no good can possibly come to the the Bay of Panama that command the canal zone and its Pacific country. Such conceptions of honor among nations, urged upon entrance, even to resist the fortress at Panama, which the act of us by men of large influence, are utterly derogatory to our country. Congress includes in the canai zone, or to protect the canal and the railroad against foreign assault, or from being raided by hos I have tried~ not wholly in vain, to penetrate the darkness that enshrouds the recent history of Colombia, wbich darkness is made tile parties in Colombia. palpable by the refusal of the President to give the light thatmay (13) That this treaty deprives the United States of all right to be fOlllld in the Government archives in the custody of his Cabi land military forces in the canal zone, except in cases of unfore net. I .have found enough to justify me, indeed to require me, seen and extreme danger to the canal, or to protect the canal to vote against this treaty if it is not amended in some necessary against any foe unless Colombia is unwilling or unable to give particular.S. such -protection with her own forces, and it requires that our DEli"OR:ID:TIES OF THE TREATY. forces shall be instantly withdrawn from the canal zone when the forces of Colombia appear on the ground to take charge of Turning to the treaty itself and the act of Congress that gave the interruption. the President limited powers to treat with Colombia for canal I will not now continue this outline of the most prominent concessions, and also to the convention agreed upon between Mr. ·objections to this treaty. Hay and Mr. Concha in April, 1902, I find all the light that is The last one I have stated is the feather that breaks the back needed to reveal its deformities, its unworthy spiritJ and its deep of the camel, which was loaded upon the patient burden-bearer humiliation to the United States. by theNew York lawyer who is the most prominent actor on this In other papers I will discuss more fully the special questions dreary stage. Doubtless he expected that we would pay Colom involved in this treaty that are dangerous to our welfare and de bia something for relieving us from this horrible disgrace but rogatory to the character of the United States, and I will close our humi1ity would not permit us to as'"'ert our~elves even td this my remarks as to this general review of the situation by stating extent, and it turns out that the camel's back will break under a few of the difficulties which it is impossible for me to avoid in this burden if the Senate agrees to it, and those who insist upon any effort to reconcile my sense of duty with the support of this loading this insult upon the United States will have a long and ti·eaty. painful leisure for r€pentance. In making this treaty the President essays to repeal the act of After one hour and ten minures spent in executive session the June 28, 1902, by a treaty with Colombia which he seeks to make doors were reopened and (at 1 o'clock and 15 minutes p. m.) the the supreme law of the land, or else his purpose must be to vio late that law, for the two laws can not stand together and that Senate adjourned until to-mo1·row, Tuesday, March 10, 1903, at which is latest in date must prevail. · 12 o'clock m. HOW THE TB.I:ATY VIOLATES THE ACT. NOMINATIONS. This treaty violates the letter and spirit of the a{;t of June 28, Executive Mminatioos received by the Senate Ma1'Ch 9,1903. 1902, in this: (1) That it surrenders to Colombia 1,295,480 acres of land that COLLECTOR OF CUSTOl!S • is purchased under its provisions from the Panama Canal Com •G-eorge E. Marshall, of Maine, to be collector of customs for pany, at a cost of 3,624,033, as I ha-ve above shown. the district of York, in the State of Maine, to succeed Edward H. (2) That it pledges the United States, as guarantor, of $1,000,- Banks, resigned. 000 to be paid to Colombia for canal stock, while we disclaim any RECEIVER OF PUBLIC MONEYS. liability on that account. David L. Geyer, of Roswell, N.Mex., to be receiver of public (3) That it yields to Cok>mbia the concessionary right which m
I ------~~~------~ 1903. CONGRESSIONAL RECORD-SENATE. 23
ASSISTANT SURGEON IN THE NAVY. KID."""TUCKY. Clarence F. Ely, a citizen of Pennsylvania, to be an assistant George W. 'Albrecht, to be postmaster at Middlesboro, in the surgeon in the Navy, from the 6th day of March, 1903, to fill a county of Bell and State of Kentucky, in place of Laura V. Herd. vacancy existing in that grade on that date. Incumbent's commission expired February 6, 1903. PROMOTIONS IN THE ARMY, LOUISIANA. Romanta T. Hart, to be postmaster at Rayne, in the parish of Signal Corps. Acadia and State of Louisiana. Office became Presidential J anu Maj. Richard E. Thompson, Signal Corps, to be lieutenant ary 1, 1903. colonel, March 2, 1903, to fill an original vacancy. MICHIGAN. Corps of Engineers. . S. V. Bullock, to be postmaster at Howard City, in the county 1. First Lieut. Meriwether L. Walker, Corps of Engineei'S, to of Montcalm and State of Michigan, in place of Orlando J. Knapp. be captain, December 23, 1902, vice McGregor, deceased. Incumbent's commission expired January 27, 1903. 2. First Lieut. Robert P. Johnston, Corps of Engineers, to oo MONTANA. • captain, January 29, 1903, vice Burr, promotea. L. V. Bogy, to be postmaster at Chinook, in the county of Cho 3. First Lieut. Robert R. Raymond, Corps of Engineers, to· be teau and State of Montana. Office became Presidential July 1, captain, February 20, 1903, vice Beach, promoted. 1901. 4. Second Lieut. Edward N. Johnston, Corps of Engineers, to :NEBRASKA. be first lieutenant, December 23, 1902, vice Walker, promoted. Frederick J. Etter, to be postmaster at South Omaha, in the 5. Second Lieut. Clarence 0. Sherrill, Corps of Engineers, to be county of Douglas and State of Nebraska, in place of Frederick first lieutenant, January 29, 1903, vice Johnston, promoted. J. Etter. Incumbent's commission expired December 21, 1902. 6. Second Lieut. John H. Poole, Corps of Engineers, to be first C. K. Olson, to be postmaster at Newman Grove. in the county lieutenant, February 20, 1903, vice Raymond, promoted. of Madison and State of Nebra-ska, in place of Gilbert W. Ran Cat:alry Arm. dall, deceased. Clarence E. Stine, to be postmaster at Superior in the county 7. Lieut. Col. Charles A. P. Hatfield, Fifth Cavalry, to be of Nuckolls and State of Nebraska, in place of John D. Stine, de colonel, March 2, 1903, vice Dimmick, unassigned, retired from ceased. active service. :NEW YORK. 8. Maj. Frank West, United States Cavalry, inspector-general, Alfred S. Emmons, to be postmaster at Spencer, in the county to be lieutenant-colonel, March 2, 1903, vice, Hatfield, Fifth Cav of Tioga and State of New York, in place of Alfred S. Emmons. alry, promoted. Incumbent's commission expired January 19, 1902. 9. Second Lieut. Nathaniel M. Cartmell, Seventh Cavalry, to be first lieutenant, February 17, 1903, vice Kennington, Tenth "' KORTH CAROLINA. Cavalry, promoted. Thomas G. Stilley, to be postmaster at Washington, in the 10. Second Lieut. Otto W. Rethorst, Fourteenth Cavah·y, to be county of Beaufort and State of North Carolina, in place of John first lieutenant, February 22,1903, vice Parsons, Fourth Cavalry, B. Respess. Incumbent's commission expired July·7, 1902. promoted. OHIO. Infantry A1'ffl, William E. Pelley, to be postmaster at Mingo Junction, in the county of Jefferson and State of Ohio, in place of William T. 11. Second Lieut. William B. Graham, Fifteenth Infantry, to Griffith. resigned. be first lieutenant, December 29, 1902, vice Welborn, Ninth In John M. Washington, to be postmaster at Sabina, in the county fantry, promoted. of Clinton and State of Ohio, in place of John Washington, to 12. Second Lieut. E. Alexis Jennet, First Infantry, to be first correct name. lieutenant, December 30, 1902, vice Lyle, Fourteenth Infantry, OREGON. promoted. William B. Curtis, to be postmaster at Marshfield, in the county 13. Second Lieut. De Witt C. Lyles, Twelfth Infantry, to be first of Coos and State of Oregon, in place of William B. Curtis. In lieutenant, December 31, 1902, vice Williams, Second Infantry, cumbent's commission expired January 13, 1903. promoted. Marion F. Davis, t<> be po tmaster at Union. in the county of POSTMASTERS. Union and State of Oregon. in place of Marion F. Davis. Incum ARIZOXA. bent's commission expired February 14, 1903. Oregon D. M. Gaddis, to be postmaster at Kingman, in the Thomas B. Randall, to be postmaster at Oregon City, in the county of Mohave and Terntory of Arizona, in place of Oregon county of Clackamas and State of Oregon, in place of George F. D. M. Gaddis. Incumbent's commission expired February 14, Horton. Incumbent's commi sion expired January 31, 1902. 1903. Andreas L. Sproul, to be postmaster at Ontario, in the county COLORADO. of Malheur and State of Oregon. Office became Presidential J. T. Martinez, to be postmaster at Pagosa Springs, in the October 1, 1902. county of Archuleta and State of Colorado. Office became Pres Benjamin F. Vaughan, to be postmaster at Heppner, in the idential January 1, 1903. county of Morrow and State of Oregon, in place of Benjamin F. George N. Raymond, to be postmaster at Durango, in the Vaughan. Incumbent's commission expired January 13, 1903. county of La Plata and State of Colorado, in place of Samuel M. P~'"XSYL V .ANIA. Biggs. Incumbent's commission expired March 2, 1903. Joseph M. Bloss, to be postmaster at Titusville, in the county George H. Shone, to be postm..!:l.ster at Alamosa, in.the county of Crawford and State of Penn ylvania, in place of Martin R. of Conejos and State of Colorado, in place of Horace H. Duben- Rouse. Incumbent's commission expired December 20, 1902. dorff, removed. · Moses A. Foltz, to be postmaster at Chambersbm·g, in the FLORIDA. county of Franklin and State of Pennsylvania, in place of Moses Thomas S. Hams, to be postmaster at Liveoak, in the county A. Fol~z. Incumbent's commission expired February 14, 1903. of Suwanee and State of Florida, in place of Thomas S. Harris. Edwm F. Luckenbach, to be postmaster at Mauch Chunk in Incumbent's commission exph·ed December 20, 1902. the county of Carbon and State of Pennsylvania, in place' of ILLIJ.\OIS. George W. Esser. Incumbents commission expired January 21 Lester B. Knickerbocker, to be postmaster at Bradley, in the 1899. ' county of Kankakee and State of Illinois, in place of Edward C. John H. Martin, to be postmaster at Clearfield, in the county Schumacher. Incumbent's commission expired May 4, 1902. of Clearfield and State of Pennsylvania, in place of John M. Henry C. Paradis, to be postmaster at Momence, in the county Chase, jr. Incumbent's commission exph·ed February 14, 1903. of Kankakee and State of Illinois, in place of Jefferson O'Brien. SOUTH CAROLINA. Incumbent's commission expired March 3, 1903. William H. Brunson, to be postmaster at Edgefield, late Edge field Court-House, in the county of Edgefield and State of South INDIANA. Carolina. Office became Presidential April1, 1897. David A. Lambert, to be postmaster at Muncie, in the county W. L. Harris, to be postmaster at Charleston, in the county of of Delaware and State of Indiana, in place of David Cammack. Chru:leston and State of South Carolina, in place of George I. Incumbent's commission expired March 3, 1903. Cunningham. Incumbent's commission expired June 14, 1902. • KANSAS. • • . George H. ~cKee, to be postmaster at Darlington, in the DaVld J. Keller, to be postmaster at National :Mil1~ry Home, county of Darlington and State of South Carolina, in place of in the county of Leavenworth and State of Kansas, m place of George H. McKee. Incumbent's commission expired January10 James W. Powdl. Incumbent's commission expired February 1903. ' 15, 1903. 1 J.P. Murphy, to be postmaster at Bamberg, in the county of 24 CONGRESSIONAL RECORD-SENATE. MARcH to;
Bamberg and State of South Carolina. Office became Presidential In witness whereof I have hereunto set my hand and affixed the great January 1, 1899. • seal of State, at my own office, in Carson City, Nev., this 25th day of Febru- soUTH DAKOTA. ary,A. D.l903. I LSEA.L.] W. G. DOUGLASS. Boyd Wales, to be postmaster at Howard, in the county of Miner Secretary of State. and State of South Dakota, in place of Frank T. Hoard. Incum- GEORGE N. NOEL, bent's commission expired January 7, 1903. Deputy. AFF.AIRS IN VENEZUELA. VIRGINIA. Mary D. Jones, to be postmaster at Lawrenceville, in the county Mr. STEWART. I present a resolution, in the nature of a of Brunswick and State of Virginia, in place of William F. Jones, memorial, from the legislature of the State of Nevada, remon resigned. strating against the action of England and Germany toward W A.SHINGTON. Venezuela and favoring the strict enforcement of the Monroe doctrine. I ask that the resolution may be printed in the RECORD, John F. Irby, to be postma£ter at Ritzville, in the county of and referred to the Committee on Foreign Relations. · Adams and State of Washington, in place of George Sinclair. There being no objection, the resolution was referred to the Incumbent's commission expired Ma1·ch 2, 1903. CQmmittee on Foreign Relations, and ordered to be printed in the RECORD, as follows: CONFIRMATION. Whereas a ~ute has arisen between Venezuela, a South American re p_ublic, and certam EuropeanJ>Owers over an alleged indebtedness due from Executive nomination confirmed by the Senate March 9, 1903. Venezuela to said powers; and • DISTRICT JUDGE. Whereas arbitration of said dispute has, after havin~ been tendered the President of the United States, been referred to the mternational board Page Morris, of Minnesota, to be United States district judge known as The Hague Tribunal; and for the district of Minnesota, commencing July 1, 1903. Whereas pendin~ the decision of such tribunal, upon which to base a set tlement of said clam1s of indebtedness and adjustment of such dispute, Ger many and Great Britain have used and are using coercion in the premises, by directing and continuing to direct a naval bombardment at the coast SENA.TE. forts and fortifications of Venezuela, resulting in the destruction of life and property; and TUESDAY, Whereas we believe that such action on the part of Germany and Great March 10, 1903. Britain is uncalled for in the circumstances, and is in contravention of th~ spirit and intention of the Monroe doctrine, to which declaration of princi Prayer by Rev. F. J. PRETTYMAN, of the city of Washington. ples the United States is irrevocably pledged, and to the infringement of The PRESIDENT pro tempore resumed the Chair. which this nation is unalterably opposed: Now, therefore, be it The Journal of yesterday's proceedings was read and approved. Resolved by the people of the State of Nevada, represented in senate and~ sembly, That we are not in favor with the action of Germanyand Great Brit ELECTION OF SENATORS BY DIRECT VOTE, ain in using force and coercion against the South American Republic of Ven ezuela, and we hereby express our earnest disapproval of such a courEe; that Mr. STEWART. I present a resolution, in the nature of ape we are disinclined to view with either patience or equanimity the action pf any European nation tending to disturb or disrupt the peace and tranquillity tition, from the legislature of Nevada, favoring the election of of any of the Republics of theWestern Hemisphere, or to give color of ground United States Senators by a direct vote of the people. I ask that for the taking of further liberties upon American soil; that we believe that the resolution may be printed in the RECORD, and referred to the this course on the pa.rt of Germany and Great Britain in the present instances is in spirit and intent a repudiation on the part of the Monroe doctrine and Committee on Privileges and Elections. a move pregnant with danger to the ultimate maintenance of its principle!" There being no objection, the resolution was referred to the and that, therefore, we do most earnestly protest against the continuance of Committee on Privileges and Elections, and ordered to be printed this course, and trust that the President of the United States will at once promulgate such a construction of the doctrine enunciated by President in the RECORD, as follows: Monroe as will give effectual notice to all foreign powers to desist; and be it Assembly concurrent resolution relating to the election of United States Further resolved, That copies of this resolution be forwarded to our Sena Senators by direct popular vote. · tor and :Representative in Congress. L.ALLEN, Whereas the people of this State, as shown by a vote taken thereon, favor President of the Senate. an amendment to the Constitution of the United States providing for the C. H. MciNTOSH, election of United States Senators by a direct popular vote; and Secretary of the Senate. -whereas it is evident that a large majority of the American people favor MARION S. WILSON such amendment, as shown by the tone of the public press and by the reso Speaker of the AssembLy. lutions of the State legislatures of the various States and the resolution J. A. CLARK, . passed by the National House of Representatives; and Whereas Article V of the Constitution of the United States provides that Chief Clerk of the Assembly. Congress, on the application of the legislatures of two-thirds of the several Approved, March 4, 1900. States, shall call a convention for proposing amendments thereto. JOHN SPARKS, Got·ernor. Resolved, therefore\ the assem-bly and senate concurring, That the legislature Senate joint and concurrent resolution No.1, "relating to the dispute be of the State of Nevaaa favors the adoption of an amendment to the Consti tween Venezuela. a.nd foreign powers," introduced by Senator Pitt on Janu tution which shall provide for the election of United States Senators by popu ary 27,1903, read first time. Rules suspended.; read second time by title, and lar vote, and respectfully requests that a convention be called for the purpose referred to committee on Federal relations. January 28,1903, reported from of proposing an amendment to the Constitution of the United States as pro committee on Federal relations favorably with the recommendation that it vided for in Article V of said Constitution, which amendment shall provide be passed. Made special order for Monday at ll.OO a.m., February 2, 1900. for a change in the present method of electing United States Senators, so ·Rules suspended, considered engrossed, placed on third reading and final that they can be chosen in each State by a direct vote of the people. passage, and passed by the following vote: Ayes 16, noes 0, absent 1. Trans Resolved, That a copy of this resolution and application to Congress for mitted to the assembly February 2, 1903-E. '1'. George, assistant secretary of the calling of a conventiOn be sent to the President of the United States Sen the senate. February, 31903, recei>ed in the assembly; reading had, consid ate, the Speaker of the Honse of Representatives, aud to each of the repre ered first reading; ru1es suspended; read second time by title, and referred sentatives of the State of Nevada in the Congress of the United States. to committee on Federal relations-F. C. Armstrong, assistant clerk to Resolved, That our representatives in Congress be directed to urge upon assembly. February 17, 1903, reported back from committee with recom Congress the calling of a convention provided for by these resolutions. mendation; February 23, 1903,_placed on bottom of file. February 28, 1903, L.ALLEY, placed upon third reading and final passage, and passed by the following President of the Senate. vote: Ayes 33, noes 0, absent 4; returned to the senate-F. C. Armstrong, MARION S. WILSON, assistant clerk of the assembly. March 2,1903, received in senate and sent to Speaker of the Assembly. enrollment-E. T. George, assistant secretary of the senate, C. H. MciNTOSH, Filed in the office of secretary of state March 4, 1903 . Secretary of the Senate. W. G. DOUGLASS, J. A. CLARlt, Secretary of State. Chief Clerk of the Assembly. Approved February 25,1903. JOHN SPARKS, Governor. STATE OF NEVADA, Department of State, ss: Assembly concurrent resolution No.4, relating to the election of United I, W. G. Douglass, the duly elected, qualified, and acting secretary of stato States Senators by direct popular vote. By Riley. February ll, 1903, rules of the State of Nevada, do hereby certify that the foregoing is a true full, suspended, reading had, considered, rules further suspendedt.!ead second time and correct copy of the original senate joint and concurrent resolution, No.1.l by title, and referred to committee on Federal relations. .11 ·ebruary 12,1903, relating to dispute between Venezuela and foreign powers, now on file ana reported back from committee that it do pass as amended. Februaryl3, of record in this office. 1903, amendments adopted. Considered, engrossed1 and placed upon third In witness whereof I have hereunto set my hand and affixed the great reading and final passage, and passed by the followmg vote: Ayes 29, noes 0, seal of state at my office in Carson City, Nev., this 4th day of March, A. D absent 8. Transmitted to senate-F. C. Armstrong, assistant clerk of assem 1900. bly. Februa1·y 14, 1903, received in senate. February 16, 1903, rules sus (SEA.L.) W. G. DOUGLASS, pended, rending lll\d, considered, first reading, rules further suspended, read Secretary of State. second time by title and referred to committee on Federal relations. Feb ruary 20, 1900, reported1 back from committee favorably with recommenda By GEORGE N. NOEL, tion that it do pass; placed on third reading and final passage, and passed by Deputy. the following vote: Ayes 15, noesO, absent2. Returned to the assembly-E. F. OKLAHOMA, NEW MEXICO, AND ARIZONA. George, assistant secretary of senate. February 24:, 1903 received in the as sembly, sent to enrollment-F. C. Armstrong, assistant clerk of assembly. Mr. STEWART. I present a resolution, in the nature of ape· STATE OF NEVADA, Departm~::·nt of State, ss: tition, from the legislature of the State of Nevada, favoring the I, w. G. Douglass. the duly elected, qualified, and acting secretary of admission of the Territories of Oklahoma, New Mexico, and Ari state of the State of Nevada, do.h~reby certify that the foregoing i_s a true, full, and correct copy of the ongrnal assembly concurrent resolution No:4, zona into the Union as sovereign States. I ask that the resolu now on file and of record in this office. tion lie on the table, and that it be printed in the RECORD.
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