régime, he knew that diplomatically there were just three possibilities:
One was the adoption by the United States of the Nicaragua route, and the crashing of his life's work. A second was the Revolution whose dying hopes he now controlled.
The third was independent action of the United States under an old treaty made with New Granada, the predecessor of Colombia, in 1848.
The essential points of this treaty were:
"1. The Government of New Granada guarantees to the United States that the right of way or transit across the Isthmus of Panama upon any modes of communication that now exist or that may be hereafter constructed, shall be open and free to the government and citizens of the United States."
The question was whether this guarantee of right of way upon any mode of transit that might be hereafter constructed, did not of itself justly and necessarily imply and include the right of construction.
