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DECISIONS OF PEDERAL COURTS AND OPINIONS OF ATTORNEYS-GENERAL.
FRANCIS WHARTON, LL, D.,
AUTHOR OF A TREATISE ON CONFLICT OF LAWS, AND OF COMMENTARIES
ON AMERICAN LAW.
IN THREE VOLLVES
ISTHMUS OF PANAMA.
I. TRANSIT OVER, BY INTERNATIONAL LAW.
Such transit cannot rightfully be closed, 0 287. II. TRANSIT OVER, BY TREATY WIT New GRANADA.
(1) Limitations of troaty, 0 288.
(2) Continuance of, \ 289. III. EFFECT OF GUARANTEE OF, UNDER TREATY.
(1) Such guarantee binds Colombia, Ø 290.
(2) Does not guarantee against changes of Government, $ 291. IV. RELATIONS TO PARTICULAR COUNTRIES.
(1) Colombia, \ 292.
I. TRANSIT OVER, BY INTERNATIONAL LAIV.
SUCII TRANSIT CANNOT RIGHTFULLY BE CLOSED.
§ 287. As has already been stated, navigable water-courses wbich 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 sorereigns by whom their banks are controlled. This was the position taken by the United States in its controversy with Deninark 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.
Sce supra, Ø Ø 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 vation, but should be extended to all parts of the globe, npon the payment of a just compensatiou or reasonable tolls." Mr. Clay, Sec. of State, to Messrs. Anderson and Sergeant, May 8, 1826. MSS.
States, and against the military occupation of Yucatan, or its annexation
supra, 09 57, 72. President Pierce's message of May 15, 1856, with the correspondence attached
thereto, is in Senate Ex. Doc. 98, 34th Cong., 1st sess, Pouso Ex. Doc. 123, 34th Cong., 1st scas.