Mr. Hay promptly renewed negotiations, which resulted in what is known as the second Hay-Pauncefote Treaty. After a good deal of effort this agreement was ratified without amendment. This act signalized the beginning of my service as chairman of the Committee on Foreign Relations.

The principal contention arose over the subject of fortifications, a question that is still a mooted one. It occurs to me that the proper reasoning is this—and I believe I took the same position when the treaty was under consideration:

The first and second Hay-Pauncefote treaties must be construed together; the first Hay-Pauncefote Treaty contained a prohibition against fortification; the second Hay-Pauncefote Treaty neither prohibited nor in terms agreed to fortifications, but was silent on the subject; therefore, the legal construction would be that Great Britain had receded from the position that the canal should not be fortified. In any event, we will go ahead and fortify the canal, and do with it whatever we please, regardless of any of the nations of the world.

That obstacle having been finally removed, the question which next arose was: What route should be selected? The selection of the route was not a subject over which the Foreign Relations Committee had jurisdiction; but after the Panama route was decided on, it became necessary to negotiate with Colombia, the owner of that route, for the right of way for the canal. Secretary Hay promptly proceeded with the negotiation, as it was his duty to do, under the Spooner Act, and on January 3, 1903, submitted the treaty to the Senate for its Constitutional action thereon. Senator Morgan and others led the fight against it; but a vote was taken, and the treaty was ordered favorably reported. On February 12, 1903, I called it up in the Senate and made quite an extended speech, explaining its provisions, and urging its ratification. The session was to close on March 4, and it finally became manifest that it would be hopeless to attempt to ratify it before that day, and the effort was abandoned. President Roosevelt called a special session of the Senate after the fourth of March, when there would be nothing for the Senate to consider except the Colombian treaty and other executive matters. According to the usual rule, the treaty was referred back to the committee, at the beginning of the special session, and the subject was again gone over in committee as if there had been no proceedings on it at all during the regular session. The proposed agreement was finally reported to the Senate, and ratified. There is no need for me to go over the story of its rejection by Colombia. The action of the Colombian Congress was a hold-up pure and simple, and the treaty was rejected in the hope that the United States would offer a greater amount for the right- of-way. Panama promptly seceded, which she had a perfect right to do. Many people have charged that the Roosevelt Administration actually incited the revolution. Whether this is true or not, I do not know. I contended at the time, and still believe, that it is not true. I hope it is not; but the correspondence did show that the State Department had pretty close knowledge of events which were occurring on the Isthmus, and had seen to it that there was a sufficient naval force in the vicinity "to protect American interests." It was a remarkable revolution—I think the most remarkable I have ever read of in history. It was practically bloodless. One or two shots were fired, a Chinaman was killed, and yet a new and independent republic entered the family of Nations.

We were able to make with Panama a much more satisfactory treaty than we had with Colombia. Senator Morgan this time was assisted by most of his Democratic colleagues; he denounced the treaty and made all sorts of charges against the Administration; but after numerous long sessions of the Committee on Foreign Relations, I was authorized to report it to the Senate with certain minor amendments, which, in my opening speech, I asked the Senate to reject, and to ratify the treaty without amendment. I did this at the earnest insistence of the State Department. And, in addition, I did not think that the amendments were of such importance as would justify resubmitting the treaty to Panama after that little country had once ratified it. The State Department was led to this action by the receipt of the following cable from Mr. Buchanan, the first Minister of the United States to Panama:

"Panama, January 22, 1904.

"Hay, Washington:

"I can not refrain from referring to my belief that no amendment to the treaty should be made. The delimitation of Panama and Colon involves several things which can only be satisfactorily adjusted on the ground by joint action. There are several other points in the treaty which will require a mutual working agreement, or regulation, including sanitation. While the treaty covers broadly all these things, my observation here is that the details of development of the authority conferred by the treaty in these regards can not be satisfactorily carried out by amendments, but should be done through a mutually agreed upon regulation or understanding reached here on the ground between the two countries. The executive power here can secure for the convention ample authority to do such things without their being referred to the convention hereafter. Would it not be possible and best to adopt this course with these amendments to the treaty; will bring up here much discussion of many articles which can all be avoided and our purpose gained by above course. Any time when any specific grants of land or power not implied in the treaty is desired, it appears to me the wise course to take will be to do this by a supplemental convention.

"(Signed) Buchanan."

Secretary Hay showed the most eager anxiety to have the treaty ratified as it stood, and he wrote me quite a lengthy letter on the subject, which I now feel at liberty to quote.