Doctrine for defense of the American hemisphere, continues the policy established by Congress in the Northwest Ordinance of 1787 to admit new states to the Union on a footing of equality with the original states, and follows the precedent of the Joint Resolution of 1845 for annexing Texas to the United States. It would preserve the constitutional and human rights of 39,200 United States citizens in the Canal Zone. Experience has emphasized the wisdom of Jefferson's advice to "bind down the president with the chains of the Constitution." Jefferson said: "Our peculiar security is in possession of a written Constitution. struction. Let us not make it a blank paper by con I say the same as to the opinion of those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution." (Thomas Jefferson, letter to Senator Wilson Corey Nicholas, September 7, 1803, Paul Leicester Ford, editor, THE WRITINGS OF THOMAS JEFFERSON, New York, 1897 VIII, pp. 247-248.) The negotiations over the past 12 years have been the reaction of the executive branch alone to the tantrums, blackmail demands, and riots staged by successive Panamanian governments for nearly 20 years. From the beginning these negotiations have lacked the quality of diplomatic bargaining based upon give and take, for United States officials have furnished the Panamanians with all the arguments needed to support their case and have given away their own points. Their diplomacy has forfeited respect for the United States among the nations. In 1933 President Franklin Roosevelt dedicated "this nation to the policy of the good neighbor the neighbor who resolutely respects himself and because he does so, respects the rights of others." To restore good relations not only with Panama but with other nations of Latin America the United States must, first of all, reestablish its own self-respect as a basis for winning the respect of others. This demands that we reassert our treaty rights to the Canal Zone and the Panama Canal. We must defend them as indispensable economic, geopolitical, and military assets. Then Congress will be in a position to appropriate public funds for completion of the authorized third locks in accordance with the approved terminal lake plan. This will provide for transit of larger bulk carriers urgently needed to move Alaskan oil to Gulf Coast and East Coast refineries. When we allow the President to surrender control over national territory and let it pass into the hands of foreign powers, we are contributing to a process of national suicide and international instability which serves the interests of those foreign powers. Persistence by a President in such a course may render him liable to impeachment. Senator ALLEN. We will now call Captain Miles Du Val. Captain, we are delighted to have you come before the committee to give us the benefit of your views. We invite you to proceed in such manner as you see fit. TESTIMONY OF CAPTAIN MILES P. DU VAL, JR., U.S. NAVY, RETIRED; AUTHOR OF "CADIZ TO CATHAY" AND "AND THE MOUNTAINS WILL MOVE" Captain DU VAL. Mr. Chairman and members of the subcommittee, at the start of my testimony today I dedicate my statement to the great American leaders who, in the early part of this century, formulated our Isthmian Canal policies and are thus mainly responsible for giving the world its maritime gateway from the Atlantic to the Pacific. Mr. Chairman, my name is Miles P. Du Val, Jr., Captain, U.S. Navy, Retired. In addition to my naval career afloat and on shore, my experience includes service during the crucial period prior to, and after, U.S. involvement in World War II, with the Canal Zone Government in charge of marine operations in the Pacific section of the Panama Canal. After combat duty in the Pacific in the latter part of the war, I was assigned in 1946 to duty in the Navy Department under the Chief of Naval Operations on orders of Secretary of the Navy, James Forrestal, as head of the Isthmian Canal studies of the Navy Department to facilitate naval collaboration with the Isthmian Canal studies under Public Law 280, 79th Congress. In addition, I am the author of two volumes on Panama Canal history already published in several editions, a third nearing completion, and a number of professional papers on canal history and problems, including contributions to the Encyclopaedia Britannica. It is my purpose in this statement to bring essential facts into historical perspective. At this point, I ask that the following papers, which cover salient facts in the Isthmian problem, be inserted into the record: Treaty of 1846 with New Granada, article XXXV; Spooner Act, Approved June 28, 1902; "Isthmian Canal Policy Questions-An Evaluation," U.S. Naval Institute Proceedings, March 1955; and "Panama Canal," Encyclopaedia Britannica, 1970. Senator ALLEN. Without objection, they will be placed into the record at this point. [Material subsequently supplied for the record:] 94-790 O-77 - 11 A GENERAL TREATY OF PEACE, AMITY, NAVIGA- [Signed at Bogotá, December 12, 1846; ratified by New Granada, July 15, 1847; ratification advised by United States Senate, June 3, 1848; ratified by the President, June 10, 1848; ratifications exchanged at Washington, June 10, 1848; proclaimed in Washington, June 12, 1848; promulgated in Bogotá, August 16, 1848.] ARTICLE XXXV The United States of America and the Republic of New Granada desiring to make as durable as possible, the relations which are to be established between the two parties by virtue of this treaty, have declared solemnly, and do agree to the following points: 1st. For the better understanding of the preceding articles, it is, and has been stipulated, between the high contracting parties, that the citizens, vessels and merchandize of the United States shall enjoy in the ports of New Granada, including those of the part of the granadian territory generally denominated Isthmus of Panamá from its southernmost extremity until the boundary of Costa Rica, all the exemptions, privileges and immunities concerning commerce and navigation, which are now, or may hereafter be enjoyed by Granadian citizens, their vessels and merchandize; and that this equality of favours shall be made to extend to the passengers, correspondence and merchandize of the United States in their transit across the said territory, from one sea to the other. The Government of New Granada guarantees to the Government of the United States, that the right of way or transit across 54. 1 Manuscript, United States Department of State, Archives, Treaty Series, No. the Isthmus of Panamá, 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 transpor tation of any articles of produce, manufactures or merchandize, of lawful commerce, belonging to the citizens of the United States; that no other tolls or charges shall be levied or collected upon the citizens of the United States, or their said merchandize thus passing over any road or canal that may be made by the Government of New Granada, or by the authority of the same, than is under like circumstances levied upon and collected from the granadian citizens: that any lawful produce, manufactures or merchandize belonging to citizens of the United States thus passing from one sea to the other, in either direction, for the purpose of exportation to any other foreign country, shall not be liable to any import duties whatever; or having paid such duties, they shall be entitled to drawback, upon their exportation: nor shall the citizens of the United States be liable to any duties, tolls, or charges of any kind to which native citizens are not subjected for thus passing the said Isthmus. And, in order to secure to themselves the tranquil and constant enjoy. ment of these advantages, and as an especial compensation for the said advantages and for the favours they have acquired by the 4th, 5th, and 6th 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 the free transit from the one to the other sea, may not be interrupted or embarassed 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. 2d. The present Treaty shall remain in full force and vigor for the term of twenty years, from the day of the exchange of the ratifications; and, from the same day, the treaty that was concluded between the United States and Colombia on the 13th of October 1824, shall cease to have effect, notwithstanding what was disposed in the 1st point of its 31st article. 3rd. Notwithstanding the foregoing, if neither party notifies to the other its intention of reforming any of, or all, the articles of this treaty twelve months before the expiration of the twenty years, stipulated above, the said treaty shall continue binding on both parties, beyond the said twenty years, until twelve months from the time that one of the parties notifies its intention of proceeding to a reform. 4th. If any one or more of the citizens of either party shall in |