Panama - 1903

When the Colombian legislature in 1903 refused to ratify a treaty giving the United States the right to build and manage a canal, a group of impatient Panamanians, with the support of US Marines, rose in rebellion and declared Panamanian independence. The breakaway country was immediately recognized by President Theodore Roosevelt. Under the terms of a treaty signed that November, Panama granted the United States a perpetual lease to a 16-kilometer-wide strip of land (the Panama Canal Zone) between the Atlantic and the Pacific.

By far the most important action Theodoer Roosevelt took in foreign affairs during the time he was President related to the Panama Canal. There was much accusation about having acted in an "unconstitutional" manner -- a position which can be upheld only if Jefferson's action in acquiring Louisiana be also treated as unconstitutional; and at different stages of the affair believers in a do-nothing policy denounced him as having "usurped authority" -- which meant, that when nobody else could or would exercise efficient authority, he exercised it.

During the nearly four hundred years that had elapsed since Balboa crossed the Isthmus, there had been a good deal of talk about building an Isthmus canal, and there had been various discussions of the subject and negotiations about it in Washington for the previous half century. So far it had all resulted merely in conversation; and the time had come when unless somebody was prepared to act with decision the US would have to be resigned to at least half a century of further conversation. Under the Hay-Pauncefote Treaty signed shortly after Roosevelt became President, and thanks to negotiations with the French Panama Company, the United States at last acquired a possession, so far as Europe was concerned, which warranted her in immediately undertaking the task. It remained to decide where the canal should be, whether along the line already pioneered by the French company in Panama, or in Nicaragua.

Panama belonged to the Republic of Colombia. Nicaragua bid eagerly for the privilege of having the United States build the canal through her territory. As long as it was doubtful which route the US would decide upon, Colombia extended every promise of friendly cooperation; at the Pan-American Congress in Mexico her delegate joined in the unanimous vote which requested the United States forthwith to build the canal; and at her eager request the US negotiated the Hay-Herran Treaty with her, which gave us the right to build the canal across Panama. A board of experts sent to the Isthmus had reported that this route was better than the Nicaragua route, and that it would be well to build the canal over it provided the US could purchase the rights of the French company for forty million dollars; but that otherwise they would advise taking the Nicaragua route.

Ever since 1846 the US had had a treaty with the power then in control of the Isthmus, the Republic of New Granada, the predecessor of the Republic of Colombia and of the present Republic of Panama, by which treaty the United States was guaranteed free and open right of way across the Isthmus of Panama by any mode of communication that might be constructed, while in return the American Government guaranteed the perfect neutrality of the Isthmus with a view to the preservation of free transit.

The United States had again and again been forced to intervene to protect the transit across the Isthmus, and the intervention was frequently at the request of Colombia herself. The effort to build a canal by private capital had been made under De Lesseps and had resulted in lamentable failure. Every serious proposal to build the canal in such manner had been abandoned. The United States had repeatedly announced that it would not permit it to be built or controlled by any old-world government. Colombia was utterly impotent to build it herself. Under these circumstances it had become a matter of imperative obligation that the US should build it ourselves without further delay.

Under the Hay-Pauncefote Treaty, it was explicitly provided that the United States should build the canal, should control, police and protect it, and keep it open to the vessels of all nations on equal terms. The US had assumed the position of guarantor of the canal, including, of course, the building of the canal, and of its peaceful use by all the world. The enterprise was recognized everywhere as responding to an international need. It was a mere travesty on justice, according to Roosevelt, to treat the government in possession of the Isthmus as having the right to close the gates of intercourse on one of the great highways of the world.

Naval operations during the Spanish-American War (1898-1901) served to convince President Theodore Roosevelt that the United States needed to control a canal somewhere in the Western Hemisphere. This interest culminated in the Spooner Bill of June 29, 1902, providing for a canal through the isthmus of Panama, and the Hay-Herrán Treaty of January 22, 1903, under which Colombia gave consent to such a project in the form of a 100-year lease on an area 10 kilometers wide. This treaty, however, was not ratified in Bogotá, and the United States, determined to construct a canal across the isthmus, intensively encouraged the Panamanian separatist movement.

In 1898 M. A. Sanclamente was elected President, and J. M. Maroquin Vice-President, of the Republic of Colombia. On July 31, 1900, the Vice-President, Maroquin, executed a "coup d'etat" by seizing the person of the President, Sanclamente, and imprisoning him at a place a few miles out of Bogota. Maroquin thereupon declared himself possessed of the executive power because of "the absence of the President"--a delightful touch of unconscious humor. He then issued a decree that public order was disturbed, and, upon that ground, assumed to himself legislative power under another provision of the constitution; that is, having himself disturbed the public order, he alleged the disturbance as a justification for seizing absolute power. Thenceforth Maroquin, without the aid of any legislative body, ruled as a dictator, combining the supreme executive, legislative, civil, and military authorities, in the so-called Republic of Colombia. The "absence" of Sanclamente from the capital became permanent by his death in prison in the year 1902. When the people of Panama declared their independence in November, 1903, no Congress had sat in Colombia since the year 1898, except the special Congress called by Maroquin to reject the canal treaty, and which did reject it by a unanimous vote, and adjourned without legislating on any other subject. The constitution of 1886 had taken away from Panama the power of self- government and vested it in Columbia. The coup d'etat of Maroquin took away from Colombia herself the power of government and vested it in an irresponsible dictator.

President Maroquin, through his Minister, had agreed to the Hay-Herran Treaty in January, 1903. He had the absolute power of an unconstitutional dictator to keep his promise or break it. He determined to break it. To furnish himself an excuse for breaking it he devised the plan of summoning a Congress especially called to reject the canal treaty. This the Congress -- a Congress of mere puppets --did, without a dissenting vote; and the puppets adjourned forthwith without legislating on any other subject. The fact that this was a mere sham, and that the President had entire power to confirm his own treaty and act on it if he desired, was shown as soon as the revolution took place, for on November 6 General Reyes of Colombia addressed the American Minister at Bogota, on behalf of President Maroquin, saying that "if the Government of the United States would land troops and restore the Colombian sovereignty" the Colombian President would "declare martial law; and, by virtue of vested constitutional authority, when public order is disturbed, would approve by decree the ratification of the canal treaty as signed; or, if the Government of the United States prefers, would call an extra session of the Congress -- with new and friendly members -- next May to approve the treaty."

By July 1903, when the course of internal Colombian opposition to the Hay-Herrán Treaty became obvious, a revolutionary junta had been created in Panama. José Augustin Arango, an attorney for the Panama Railroad Company, headed the junta. Manuel Amador Guerrero and Carlos C. Arosemena served on the junta from the start, and five other members, all from prominent Panamanian families, were added. Arango was considered the brains of the revolution, and Amador was the junta's active leader.

With financial assistance arranged by Philippe Bunau-Varilla, a French national representing the interests of de Lesseps's company, the native Panamanian leaders conspired to take advantage of United States interest in a new regime on the isthmus.

When, in August, 1903, Roosevelt became convinced that Colombia intended to repudiate the treaty made the preceding January, under cover of securing its rejection by the Colombian Legislature, he began carefully to consider what should be done. By Roosevelt's direction, Secretary Hay, personally and through the Minister at Bogota, repeatedly warned Colombia that grave consequences might follow her rejection of the treaty. The possibility of ratification did not wholly pass away until the close of the session of the Colombian Congress on the last day of October. There would then be two possibilities. One was that Panama would remain quiet. In that case Roosevelt was prepared to recommend to Congress that the US should at once occupy the Isthmus anyhow, and proceed to dig the canal. But it seemed likely that there would be a revolution in Panama as soon as the Colombian Congress adjourned without ratifying the treaty, for the entire population of Panama felt that the immediate building of the canal was of vital concern to their well-being.

On October 16, at the request of Lieutenant-General Young, Captain Humphrey, and Lieutenant Murphy, two army officers who had returned from the Isthmus, saw President Roosevelt and told him that there would unquestionably be a revolution on the Isthmus, that the people were unanimous in their criticism of the Bogota Government and their disgust over the failure of that Government to ratify the treaty; and that the revolution would probably take place immediately after the adjournment of the Colombian Congress. They did not believe that it would be before October 20, but they were confident that it would certainly come at the end of October or immediately afterwards, when the Colombian Congress had adjourned. Accordingly President Roosevelt directed the Navy Department to station various ships within easy reach of the Isthmus, to be ready to act in the event of need arising.

These ships were barely in time. On November 3 the revolution occurred. Practically everybody on the Isthmus, including all the Colombian troops that were already stationed there, joined in the revolution, and there was no bloodshed. But on that same day four hundred new Colombian troops were landed at Colon. Fortunately, the gunboat Nashville, under Commander Hubbard, reached Colon almost immediately afterwards, and when the commander of the Colombian forces threatened the lives and property of the American citizens, including women and children, in Colon, Commander Hubbard landed a few score sailors and marines to protect them.

Acting, paradoxically, under the Bidlack-Mallarino Treaty of 1846 between the United States and Colombia -- which provided that United States forces could intervene in the event of disorder on the isthmus to guarantee Colombian sovereignty and open transit across the isthmus -- the United States prevented a Colombian force from moving across the isthmus to Panama City to suppress the insurrection. By a mixture of firmness and tact Commander Hubbard not only prevented any assault on Americanr citizens, but persuaded the Colombian commander to reembark his troops for Cartagena. On the Pacific side a Colombian gunboat shelled the City of Panama, with the result of killing one man -- the only life lost in the whole affair.

President Roosevelt said "No one connected with the American Government had any part in preparing, inciting, or encouraging the revolution, and except for the reports of our military and naval officers, which I forwarded to Congress, no one connected with the Government had any previous knowledge concerning the proposed revolution, except such as was accessible to any person who read the newspapers and kept abreast of current questions and current affairs. By the unanimous action of its people, and without the firing of a shot, the state of Panama declared themselves an independent republic. The time for hesitation on our part had passed."

President Roosevelt recognized the new Panamanian junta as the de facto government on November 6, 1903; de jure recognition came on November 13. Five days later Bunau-Varilla, as the diplomatic representative of Panama (a role he had purchased through financial assistance to the rebels) concluded the Isthmian Canal Convention with Secretary of State John Hay in Washington. Bunau-Varilla had not lived in Panama for seventeen years before the incident, and he never returned. Nevertheless, while residing in the Waldorf-Astoria Hotel in New York City, he wrote the Panamanian declaration of independence and constitution and designed the Panamanian flag. Isthmian patriots particularly resented the haste with which BunauVarilla concluded the treaty, an effort partially designed to preclude any objections an arriving Panamanian delegation might raise. Nonetheless, the Panamanians, having no apparent alternative, ratified the treaty on December 2, and approval by the United States Senate came on February 23, 1904.

The rights granted to the United States in the so-called HayBunau-Varilla Treaty were extensive. They included a grant "in perpetuity of the use, occupation, and control" of a sixteenkilometer -wide strip of territory and extensions of three nautical miles into the sea from each terminal "for the construction, maintenance, operation, sanitation, and protection" of an isthmian canal.

Furthermore, the United States was entitled to acquire additional areas of land or water necessary for canal operations and held the option of exercising eminent domain in Panama City. Within this territory Washington gained "all the rights, power, and authority . . . which the United States would possess and exercise if it were the sovereign . . . to the entire exclusion" of Panama.

The Republic of Panama became a de facto protectorate of the larger country through two provisions whereby the United States guaranteed the independence of Panama and received in return the right to intervene in Panama's domestic affairs. For the rights it obtained, the United States was to pay the sum of US$10 million and an annuity, beginning 9 years after ratification, of US$250,000 in gold coin. The United States also purchased the rights and properties of the French canal company for US$40 million.

Colombia was the harshest critic of United States policy at the time. A reconciliatory treaty with the United States providing an indemnity of US$25 million was finally concluded between these two countries in 1921. Ironically, however, friction resulting from the events of 1903 was greatest between the United States and Panama. Major disagreements arose concerning the rights granted to the United States by the treaty of 1903 and the Panamanian constitution of 1904. The United States government subsequently interpreted these rights to mean that the United States could exercise complete sovereignty over all matters in the Canal Zone. Panama, although admitting that the clauses were vague and obscure, later held that the original concession of authority related only to the construction, operation, and defense of the canal and that rights and privileges not necessary to these functions had never been relinquished.

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