It has been asserted that President Roosevelt took the view all along that under the treaty of 1846, Colombia had no right to prevent the United States from building the canal, and that, in spite of the provision of the Spooner Act requiring him to proceed with the construction of the Nicaragua Canal in the event of the failure of negotiations at Panama, he was determined to exhaust every possible effort before giving up the Panama route.
CHAPTER XIX
CONTROVERSY WITH COLOMBIA
Seldom in the history of international relations has a controversy afforded more grounds for honest difference of opinion than the issue between the United States and Colombia, growing out of the revolution and formation of the new Republic of Panama. The most careful and unprejudiced study still may leave room for doubt as to the real merits of the case.
In 1903, after the United States had decided to build an Isthmian Canal, preferably at Panama, but if that route were not available at Nicaragua, a treaty was entered into at Washington between the Governments of the United States and Colombia. This Hay-Herran treaty, as it was known, in simple terms provided that the United States would pay Colombia $10,000,000 in cash, and $250,000 a year after the completion of the canal, if the Republic of Colombia would agree to permit the New Panama Canal Company to sell its concession and property to the United States. This treaty, according to President Roosevelt, was entered into under negotiations initiated by the Republic of Colombia. The treaty was ratified by the United States Senate, and was then sent to Colombia for its ratification.
At the time the treaty was pending in the Colombian Congress, the President of the Republic was a man who had been elected Vice President, but who had kidnapped the President with a troop of cavalry and shut him up in an insanitary dungeon where he soon died. The Vice President thus became the head of the Government. Anyone who knows conditions in such countries as Colombia, understands that a President has no use for a Congress except to have it register his own will. The President of Colombia at first advocated the negotiation of the treaty, but he repudiated it after it had been signed, and then declared that if the Colombian minister to Washington were to return to Colombia he would be hanged for signing it. The result of this change of front was that the treaty was rejected by the Colombian Congress. All sorts of stories were put abroad in Colombia to arouse opposition to it. One was that the United States would make $180,000,000 out of the canal deal the minute the treaty was ratified by Colombia. It was claimed by the Colombian Government that the constitutional prohibition of the cession of territory to a foreign state would have to be changed by amending the Constitution before the Congress could legally ratify the treaty.
