DECISIONS OF FEDERAL COURTS AND OPINIONS OF ATTORNEYS-GENERAL

EDITED BY

FRANCIS WHARTON, LL. D.,

AUTHOR OF A TREATISE ON CONFLICT OF LAWS, AND OF COMMENTARIES
ON AMERICAN LAW.

17.7337

HARVARD

COLLEGE

JAN 11 1893

LIBRARY

S.. M. Brice New York

CHAPTER XII.

ISTHMUS OF PANAMA.

I. TRANSIT OVER, BY INTERNATIONAL LAW.

Such transit cannot rightfully be closed, § 287. II. TRANSIT OVER, BY TREATY WITH NEW GRANADA. (1) Limitations of treaty, § 288.

(2) Continuance of, § 289.

III. EFFECT OF GUARANTEE OF, UNDER TREATY.

(1) Such guarantee binds Colombia, § 290.

(2) Does not guarantee against changes of Government, § 291. IV. RELATIONS TO PARTICULAR COUNTRIES.

(1) Colombia, § 292.

(2) Nicaragua, § 293.

(3) Costa Rica, § 294.

(4) The Mosquito Country and Belize, § 295.

(5) Honduras, § 296.

(6) Venezuela, ◊ 297.

I. TRANSIT OVER, BY INTERNATIONAL LAW.

SUCH TRANSIT CANNOT RIGHTFULLY BE CLOSED.

§ 287.

As has already been stated, navigable water-courses which traverse the dominions of two or more sovereigns, and on the freedom of which the commerce of the world in part depends, cannot, without a wrong to the commercial world as a whole, be permanently obstructed by any one of the sovereigns by whom their banks are controlled. This was the position taken by the United States in its controversy with Denmark as to the sound, and such is now the view of the leading European powers as to all great thoroughfares of trade not inclosed entire within the realm of one particular sovereign.

See supra, §§ 40, 147, 150e.

If a canal across the Isthmus be opened, "so as to admit of the passage of sea-vessels from ocean to ocean, the benefit of it ought not to be exclusively appropriated to any one nation, but should be extended to all parts of the globe, upon the payment of a just compensation or reasonable tolls."

Mr. Clay, Sec. of State, to Messrs. Anderson and Sergeant, May 8, 1826. MSS.
Inst., Ministers.

Mr. Calhoun's speech, March 30, 1848, on the isthmus relations of the United
States, and against the military occupation of Yucatan, or its annexation
by the United States, is given in 4 Calhoun's Works, 450, and is noticed
supra, §§ 57, 72.

President Pierce's message of May 15, 1856, with the correspondence attached thereto, is in Senate Ex. Doc. 68, 34th Cong., 1st sess., House Ex. Doc. 123, 34th Cong., 1st sess.

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