2001 Donald J. Mabry
              Long before the turn of the century, the United States was
              determined to build a trans-isthmian canal to foster its
              international trade and to assert US superiority in the Caribbean;
              the ease with which Spain was muscled out of the Caribbean in 1898
              gave notice to all rivals that United States power must now be
              taken seriously. Gone were the days when it could only protest the
              incursions of Europeans or, occasionally, block their efforts.
              Under the 1848 free transit treaty, the United States intervened
              in Panama nine times at the request of Colombia,(1)
              but none of these actions sped the construction of the canal. Sole
              US control of a trans-isthmian canal was blocked by the Clayton-Bulwer
              Treaty (1850) it had signed with Britain. The Senate refused to
              ratify the McLane-Ocampo Treaty (1859) with Mexico which would
              have circumvented Clayton-Bulwer by granting transit rights across
              Mexico to the United States. By 1880, however, President
              Rutherford B. Hayes announced a policy of exclusive US control of
              a canal, a view echoed the next year by President Garfield, whose
              secretary of state unsuccessfully fought for a revision of the
              Clayton-Bulwer Treaty. Such assertions only signified a change in
              policy for Washington did not block the efforts of the
              French-owned Panama Canal Company in the 1880s nor aid the private
              US company which started construction of a Nicaraguan canal in
              1887 only to fail from under capitalization by 1893.
              
After the failure of the French company, the United States
              moved to overcome the next major obstacle, the treaty commitment
              to Great Britain. Washington bellicosity in the Venezuelan
              boundary controversy, British problems in the Eastern Hemisphere,
              and the German-British naval arms race at the turn of the century
              induced the British government to begin transferring its forces to
              other parts of the world.
              
Throughout the war with Spain in 1898, the British maintained a
              friendly neutrality towards the United States. Thus encouraged,
              Congress created the Walker Commission to investigate the
              engineering problems of the rival routes, principally either
              through Nicaragua or Colombia. On December 5, 1898, President
              McKinley in a message to Congress, stressed the need for an inter-oceanic waterway; the long voyage of the USS Oregon to the
              Caribbean during the Spanish-American War had emphasized the
              difficulty of fighting a two-ocean war with a one-ocean navy. By
              January, 1899, the first draft of the Hay-Paunceforte treaty
              between the United States and Great Britain had been completed..
              It was signed the following 5th of February, having been delayed
              by the unsuccessful British attempt to tie an Alaskan boundary
              question to it. The proposed treaty did not supersede Clayton-Bulwer,
              for it only allowed the United States to build the canal but not
              under its sole control.
              
The expansionists of 1898, including Theodore Roosevelt, Henry
              Cabot Lodge, and Alfred Thayer Mahan, opposed it because they
              thought the US gained little and that the superior British fleet
              would have the advantage. The Senate refused to ratify it. The
              Secretary of State almost gave up but the British agreed to
              renegotiate. By November, 1901, the two had signed the second Hay-Paunceforte
              treaty which implicitly conceded the right of the United States to
              build, control, and fortify an isthmian canal but with the proviso
              that all nations would have equal access in peacetime.
              Ratifications were exchanged on February 21, 1902.
              
Once the British agreement was achieved, the United States
              decided on the canal route. The Walker Commission favored the
              Nicaraguan route, traditionally the US choice. This route used a
              lake and the San Juan River; dam construction would be easier;
              excavation could proceed more rapidly if enough labor were
              available; health conditions would be better; and more economic
              development in the area would probably take place. Moreover,
              Nicaragua was closer to the United States, thus shortening the
              distance ships would have to travel. The cost was estimated at
              $190 million less than the route through Colombia's Panama
              province. In anticipation of these findings, the United States
              signed agreements with Nicaragua and Costa Rica (the San Juan
              River was part of its border)(2) in
              1900 to negotiate further if the United States acquired control of
              the territory needed for the canal. In January, 1902, the House of
              Representatives passed a bill authorizing the construction of the
              Nicaraguan canal.
              
At this point representatives of the French New Panama Canal
              Company stepped into the course of events and reversed the
              decision in favor of the Panamanian route. The Panama route had
              its advantages: shorter actual length, the existence of a railroad
              and harbors which would cut building time by one year, an adequate
              labor force, the necessity of fewer locks and curves, the existing
              French company works, the experience of former employees, the
              necessity of dealing with only one country, and a lower estimated
              construction cost.(3)
              
The Walker Commission had found the Panamanian route more
              expensive because the French company wanted $109 million for its
              concession rights and existing works. Fearing that all would be
              lost if they did not act quickly, Phillipe Bunau-Varilla, chief
              engineer and a principal company stockholder, and William Nelson
              Cromwell, US counsel for the company, had the purchase price
              dropped to $40 million, making the Panama route cheaper. Since
              there was some question as to whether the French company could
              legally sell its rights, they produced evidence that said they
              could.(4) Cromwell then drew upon
              his Republican Party connections and got Senator Mark Hanna to
              champion the Panama cause in the Senate. This Panama lobby managed
              to convince the majority of the Senate that the Panama route would
              be faster, cheaper, and safer; the Spooner Amendment of June 28,
              1902 authorized President Roosevelt (who also favored the Panama
              route) to buy the French company's rights for no more than $40
              million and to negotiate the necessary treaty with Colombia within
              a reasonable length of time.
              
The genius of the Panama lobby had given the French company a
              stay of execution. Bunau-Varilla, who would soon reveal other
              talents, helped turn the tide in the Senate by attacking the
              Nicaraguan route because that country had active volcanoes. When
              the pro-Nicaraguan faction minimized the danger of their route,
              Bunau-Varilla placed a Nicaraguan stamp showing a volcanic
              eruption on each Senatorial desk. The problem after the Spooner
              Amendment was to get a satisfactory treaty from Colombia before
              the "reasonable length of time" expired; otherwise, the
              canal would be built through Nicaragua.
              
Negotiations with Colombia did not go smoothly. Colombians had
              a vested interest in having the canal pass through their
              Panamanian province but several factors complicated their approach
              to the negotiations. Panama was a distant province, reachable only
              be sea, and its separatist tendencies might be encouraged by a
              foreign presence. The devastating Colombian civil war of 1899-1902
              had just ended. Colombian politicians were reluctant to make
              decisions which might reopen festering wounds. Further, since the
              United States wanted complete control over the canal and the canal
              zone, even sovereignty, any Colombian government yielding too much
              to a foreign country faced possible rebellion. Colombia recognized
              that this resource should be exploited to its maximum financial
              advantage. The French concession was to expire in 1904; if no
              canal agreement wore reached before then, Colombia would be able
              to obtain additional revenue (since the French company refused to
              split the $40 million). On the other hand, if Colombia waited
              until 1904, the canal might be built through Nicaragua. Colombian
              diplomats tried to obtain better terms from the United States
              without avail. The Spooner Amendment limited the price and going
              back to Congress threatened the Panama route. Negotiations
              appeared stalemated.
              
The United States government, aided by Cromwell and
              Bunau-Varilla, unsuccessfully pressured Colombia to agree to
              Washington's demands. When the Colombian ambassador refused and
              left Washington, the Colombian chargé d'affaires, Tomás Herrán,
              yielded and, on January 22, 1903, signed the Hay-Herrán treaty,
              which had been drafted by Hay, Cromwell, and Bunau-Varilla. By
              this treaty, Colombia would recognize the right of the French
              company to sell its concession and the United States would receive
              the exclusive right to a ten kilometer wide zone through which it
              could construct and fortify a canal, the right to maintain order,
              including the use of armed force with Colombia's consent, and the
              right to supervise public health. In return, Colombia would
              receive a lump sum of $10 million plus an annuity of $250,000. The
              United States ratified this treaty in March and sent it to
              Colombia where it became a hot political issue.
              
Critics of the Colombia government charged that the nation
              should receive more compensation from the United States and some
              from the French company. During the summer of 1903, Washington
              seat indiscreet and threatening notes to Colombia in an attempt to
              force ratification. When the Colombian president released these
              notes to the Colombian senate in August, that chamber unanimously
              rejected the treaty. The Colombian congress adjourned on October
              31st without taking further action.
              
Whatever the reason for its actions, the Colombian congress had
              not realized the determination of the pro-Panama canal group or
              Roosevelt. The Spooner Amendment seemed to require that the canal
              now be built through Nicaragua since the Hay-Herrán treaty had
              been rejected, but President Roosevelt was now committed to the
              Panamanian route and angry. He loudly denounced the Colombians as
              "homicidal corruptionists" and "monkeys"(5)
              and seriously considered building the canal without Colombian
              permission. He even obtained a lengthy opinion which
              "justified" such an action under the Now Granada treaty.(6)
              
Roosevelt never used this device, however, because he found a
              way to make it unnecessary.
              
Historians agree that the New Panama Canal Company and its New
              York subsidiary, the Panama Railroad Company, actively plotted and
              executed the revolution. The key figures in this group were
              Cromwell, Bunau-Varilla, and Dr. Manuel Amador of Panama. There
              was also active participation by Panamanian nationalists who
              wanted to run their own affairs, especially after Colombia's
              action threatened their future prosperity. Without these groups,
              there would have been no revolution. They organized the
              demonstrations and propaganda, bribed army officers, and prevented
              the transport of Colombian troops from Colón, where they landed
              from their ship, to Panama City, where the revolution was staged.
              The role of the Roosevelt government is not as clear.
              Bunau-Varilla went to see Roosevelt, Hay, and other officials and
              discussed the possibility of a revolution in Panama. He apparently
              failed to obtain the assurance of aid he undoubtedly sought; all
              parties at least assert that this was so. He realized, however,
              that the impatient Roosevelt wanted to build the canal through
              Panama and would welcome a Panamanian revolution. Whether
              Roosevelt or his advisors told the Frenchman that US warships
              would be sent to Panamanian waters with order to "maintain
              free and uninterrupted transit" or whether Bunau-Varilla
              deduced the probability of its occurrence and the date of arrival
              from the general conversation and the published sailing notices is
              not known. We do know that Bunau-Varilla assured the Panamanians
              that the ships would be there and that he sent Dr. Amador back to
              Panama with $100,000 and instructions for the revolution. In
              exchange for his services, Bunau-Varilla was to be appointed the
              first Panamanian minister to Washington.
              
As everyone knew would be the case, American intervention
              determined the fate of the revolution. Colombia sent troops to
              Colon and managed to land 400 men before the USS Nashville arrived
              on the afternoon of November 3rd. This small army was probably
              sufficient to prevent the revolution, but it never reached Panama
              City, nor did the U.S. Navy allow any more soldiers to land. The
              problem of the Colombian army was solved by Colonel J. R. Shaler, Super indent
              of the
              Panama Railroad Company, when he managed to send the officers
              across the isthmus with the promise that the rest of the army
              would follow when he found more railroad cars. In Panama City, the
              liberal use of bribes neutralized key commanders. That afternoon, 
              independence was declared. Colombian feeble attempts that day and
              afterwards to reverse the revolution were stymied by the United
              States. On November 6, the U.S. recognized Panamanian
              independence. Colombia promised to give the United States a better
              treaty if it could have its territory back, but the U.S. refused.
              
On November 18th, the United States and Panama
              signed the Hay-Bunau-Varilla treaty which gave the United States
              more than it ordinarily could have expected to obtain.
              Bunau-Varilla, the instant Panamanian ambassador, acted without
              instructions and before the instructed Panamanian delegation
              reached Washington. The Panamanian government ratified the treaty
              but, under the circumstances, it had little choice. For a $10
              million initial payment and a $250,000 annuity, the United States
              "acquired the perpetual right to control "as if it were
              sovereign,"(7) a ten-mile-wide
              strip of Panama bifurcating the country on which the United States
              could construct, control, and fortify a canal. In addition, the
              United States could take additional land outside the zone an
              needed for canal purposes. Finally, the United States was given
              the right to intervene in Colon and Panama City for health reasons
              or to maintain order. Since these two cities contained the vast
              majority of the nation's inhabitants, this provision made Panama a
              protectorate. In short, Panama had signed its own Platt Amendment.(8)
              
Roosevelt's role in this affair was arrogant and unnecessary.
              His contempt for Latins, his childish impetuosity, and egotistical
              desire to create a monument to himself before he left office, (his
              1904 reelection was unforeseen) overrode decency and statesmanship.
              The United States could have negotiated a treaty more favorable to
              Colombia or built the Nicaraguan canal. Instead, Roosevelt took
              every action short of actually starting the Panamanian revolution
              or seizing the zone only because Bunau-Varilla and his cohorts did
              the actual dirty work. In 1909, Roosevelt boasted to Henry Cabot
              Lodge that "the vital work of getting Panama as an
              independent Republic...was done by me without the aid or advice of
              anyone...and without the knowledge of anyone" and, in 1911,
              to a university audience that "I took the Canal Zone."
              Although those self-aggrandizing statements of an egotist are not
              entirely accurate, they represent the essence of what occurred,
              Roosevelt's decision to obtain the Panamanian route on the terms
              he dictated decided the outcome.
              Roosevelt asked Elihu Root, his Secretary of State, if he had successfully
              defended himself in the face of bitter denunciations in the press.
              Root replied "You certainly have, Mr. President. You have shown that you were accused of seduction and you have conclusively proved that you were
              guilt of rape."
              
Defenders of the acquisition of the Panamanian route agree with
              the above interpretation but see mitigating circumstances. They
              credit Bunau-Varilla and Cromwell with sufficient intelligence and
              determination to exploit what was an obvious situation. They also
              stress that Panamanians wanted independence and that aiding them
              was a noble act, that the world as well as the United States
              needed the canal, and that Colombian greed or short-sightedness
              could not be allowed to prevent the construction of the canal.(9)
              Some apologists note the political and economic benefits gained by
              Panama as won as the payment to Colombia which would have been
              unable to hold its remote province anyway. Another group, rarely
              vocal in recent years, simply asserts that great powers have
              always taken what they wanted from minor powers and nothing
              further need be said.
              
              1. Panamá was a province of Colombia.
              
2. Costa Rica didn't like being ignored. It
              had some say in what happened in the San Juan River. The protocol
              with Costa Rica was necessary because President Cleveland's
              arbitral accord of 1888 forbade Nicaragua from making grants for
              canal purposes without consulting Costa Rica.
              
3. After the bankruptcy of the old company,
              the French government forced stockholders to create the new
              company. Its principal assets were its concession from Colombia,
              its partially constructed works, and the determination of its
              leaders to turn a profit.
              
4. The original 1878 concession had been
              extended in 1890 to require completion in 1904, but in 1900 the
              Colombian president used emergency powers to extend the concession
              for six more years in return for a cash payment. Some Colombians
              asserted this was an illegal act.
              
5. Roosevelt's comments would have been
              actionable, for they clearly constituted slander, but heads of
              state tend to get away with outrageous comments. Even given the
              racial bigotry of most Euro-Americans of his day, Roosevelt's
              comments were horrible. Surprisingly, perhaps, even today
              historians rarely, if ever, call him down on it.
              
6. Professor John Basset Moore, a former
              legal advisor and assistant secretary in the State Department,
              asserted that the US could twist the language of the 1848 treaty
              to grab the canal route and that, "once on the ground and
              clearly installed, this Government would find no difficulty in
              meeting questions as they arose." In other words, steal and
              the dare anyone to take it back.
              
7. US citizens, including Ronald Reagan,
              have ignored this provision of the treaty by claiming that the
              Canal Zone was US territory. Courts in the United States have
              consistently held that it was Panamanian territory and that the US
              only had the right of usufruct.
              
8. The Platt Amendment established Cuba as a
              US protectorate, allowing the US to interfere in Cuban domestics
              affairs at its whim.
              
9. Roosevelt also defended his actions in
              these terms. That a nation seeks the best possible remuneration or
              does not predict the irrational fury of a U.S. president is
              certainly not greed or short-sightedness. US efforts to pay as
              little as possible for canal rights was also greed. The defense
              that the canal would not have been built without the actions the
              U.S. took is no defense since Colombia did not refuse to grant
              construction rights and the Nicaraguan route was always available.
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