Mr. Adee to Mr. Merry.
Washington, August 5, 1902.
Sir: I have to acknowledge the receipt of your dispatch, No. 747, of the 19th ultimo, inclosing a copy of a telegram to our from the President of Nicaragua in which he states that the Government of Colombia has detained 16 boxes of revolver cartridges ordered from abroad by the Nicaraguan Government, and requesting that, pursuant to the stipulations of the treaty between the United States and Colombia, the Government of the United States call upon the Government of Colombia not to prevent the free transit across the Isthmus and shipment of said property.
“Neutrality is the condition of those states which in time of war take no part in the contest.” The neutral character of the Isthmus is guaranteed by clause 1, article 35, of the treaty of 1846 between the United States and Colombia.
Hostilities within the central zone are prohibited by the effect of the guaranty, which in the same breath guarantees “the rights of sovereignty which New Granada has and possesses over said territory.” These rights of sovereignty are restricted only in respect of the conduct by Colombia of hostilities affecting “free transit from the one to the other sea,” which must “not be interrupted or embarrassed.” But the stipulation is to be taken in connection with the preceding one, viz: “That the right of way or transit across the Isthmus of Panama upon any modes of communication that now exist, or that may be hereafter constructed shall be open and free to the Government and citizens of the United States, and for the transportation “of their articles of produce, merchandise, etc., “of lawful commerce belonging to the citizens of the United States.”
Article 35 of the treaty further says:
And in order to secure to themselves the tranquil and constant enjoyment of these advantages, and as an especial compensation for the said advantages, and for the favors they have acquired by the fourth, fifth, and sixth articles of this treaty, the United States guarantee, positively and efficaciously, to New Granada, by the present stipulation, the perfect neutrality of the before-mentioned isthmus, with the view that free transit from the one to the other sea may not be interrupted or embarrassed in any future time while this treaty exists; and, in consequence, the United States also guarantee, in the same manner, the rights of sovereignty and property which New Granada has and possesses over the said territory.
The treaty was made for the benefit of the contracting parties and does not impair the sovereign rights of Colombia to lay any sort of embargo on the traffic and transportation of the goods of other governments or of their citizens or subjects.
While we keep the free and open transit of the Isthmus, it is not done in the interest of other states who have no right to invoke the application of the treaty; and although they may incidentally profit by it, this is a mere incident to the execution of the treaty for the purposes and objects expressly specified.
I am, etc.,
Acting Secretary.