THE RECOGNITION OF PANAMA AND ITS RESULTS.1 BY THEODORE S. WOOLSEY, LL. D., Professor of International Law in the Yale Law School. them the Dixie, with 400 marines on board. She reached Colon Nov. 5. On the 6th the new State of Panama was recognized by the United States as a de facto government,— that is, as the only government in sight capa ble of exercising the powers of statehood. A week later a diplomatic agent from Panama was received at Washington. This act worked recognition of Panama as an inde pendent State, and accordingly five days more saw a new canal treaty signed. Mean while, there were rumors of an attempt by Colombia to reestablish its authority, which called forth orders to our ships and the an nouncement to that government that its troops would not be permitted to land at any ports in Panama. To earnestly protest against all this Colombia sent commissioners to Washington, but without avail. The treaty was sent to Colon, ratified by the revolution ary representatives at Panama, returned to this country, and placed before the United States Senate. December 12 a minister to the new State was named, and the calling of a convention at Panama announced which should frame a constitution. For it should be borne in mind that the canal treaty was made and ratified under the authority of a Junta merely. Now a Junta, in the LatinAmerican sense, is a political committee of management, usually, as in this case, selfconstituted. With these facts in mind, let us look at the law governing the recognition of indepen dence. Briefly, the new government must estab lish its ability to perform all the duties and 1 To avoid possible misconstruction, the author de- ' maintain the rights of a State. Also, in case sires to state his belief, that in its preference for the, Panama canal route over all others, our Government, of violent separation from another State, it has made no mistake. must appear that the parent is making no effort, and is unlikely to make an effort in December 19.
THERE are two questions involved in our recent recognition of a new State of Panama, and in the negotiation of a canal treaty with that State. These are. First, whether the action of this government was correct, was according to law and prece dent and in conformity to treaty; second, whether the newly recognized State is in such possession of sovereignty as to make its title to property which it may agree to convey good for anything. As Congress is called upon to pay ten millions of dollars for the canal concession, together with sundry other considerations, Panama's right to convey is a vital point in the contract. And the repu tation of our country for dignity, fairness, and obedience to law is something which no administration and no good citizen would willingly see hazarded. Up to the time of writing,* the essential history of this Panama outbreak is as fol lows : Irritated by the failure of the republic of Colombia to ratify the Hay-Herran canal treaty, Panama, one of the States forming that union, seceded, and on the 3d of Novem ber last, declared its independence. The night before the revolution, the United States ship Nashville had arrived at Colon, i. e., Aspinwall. By the use of its force the railway property was protected, and the few Colombian troops present at Colon prevented from giving trouble. Two days after the outbreak, these troops sailed for home. Other United States vessels were at once or dered to both sides of the Isthmus, amongst
