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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.

IN THREE VOLUMES.

[SECOND EDITION.)

VOLUME III.

WASHINGTON:
GOVERNMENT PRINTING OFFICE.

1887.

Int 232002

A

Harvarr urlare Library

C
Wm. Cam. trbes

June

CHAPTER XII.

ISTHMUS OF PANAMA.

I. TRANSIT OVER, BY INTERNATIONAL LAW.

Such transit cannot rightfully be closed, 0 287. 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, ♡ 201. IV. RELATIONS TO PARTICULAR COUNTRIES.

(1) Colombia, 292.
(2) Nicaragua, | 293.
(3) Costa Rica, 0 294.
(4) The Mosquito Conntry and Bolizo, 295.
(5) Honduras, $ 296.
(6) Venezuela, % 297.

I. TRANSIT OVER, BY INTERNATIONAL LAW.

SUCHI 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.

Sce supra, İý 40, 147, 150€. 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, 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, jj 57, 72. President Pierce's message of May 15, 1856, with the correspondence attached

thereto, is in Senate Ex. Doc. 68, 34th Cong., 1st gegs,, Houso Ex. Doc. 123, 34th Cong., 1st ACAS,

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