LETTER OF TRANSMITTAL U.S. SENATE, COMMITTEE ON THE JUDICIARY, SUBCOMMITTEE ON SEPARATION OF POWERS, Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, DEAR MR. CHAIRMAN: The Subcommittee on Separation of Powers respectfully submits the following digest of information on the proposed Panama Canal treaties. The information set forth has been collected by the subcommittee during the course of its investigation of constitutional issues associated with the proposed treaties and is provided for the use of the committee and the Senate in studying these and related issues. With kindest personal regards, I am JAMES B. ALLEN, Chairman, Subcommittee on Separation of Powers. (III) CONTENTS TREATIES A General Treaty of Peace, Amity, Navigation and Commerce Between Page the United States and the Republic of New Granada (1846) Ship Canal (Clayton-Bulwer Treaty)-Convention Between the United Ship Canal (Hay-Pauncefote Treaty) (1901). The Spooner Act (1902). Treaty with Colombia (Hay-Herrán)-Transmitting a Convention Between the United States and the Republic of Colombia for the Construction of a Ship Canal, etc., to Connect the Waters of the Atlantic and Pacific Oceans (1903).. Panama-Isthmian Canal (Hay-Varilla Treaty) (1903).. 3 13 17 19 Treaty Between the United States and Panama for the Mutual Extradition of Criminals (1905) 39 Neutrality Agreement (1914) 43 Convention Between the United States and Nicaragua ceding rights for 45 47 55 Mutual Understanding and Cooperation Treaty with Panama (1955) -- COSTS Total payments as a result of the 1903 treaty. Announcement of Secretary of the Army Clifford L. Alexander, Jr., of appointments to the Board of Directors of the Panama Canal Company, dated September 2, 1977----. Economic studies of the State of the Panamanian economy and projections for its future_._. Letter from David Hoyt, analyst in banking and capital markets, Congressional Research Service. On U.S. Commercial Bank Loans to the Government of Panama.... 75 STATEMENTS Bell, Griffin B., Attorney General, opinion on a question involving the treaty-making power of the President and its relation to the power of Congress to dispose of property Rice, Charles E., professor of law, University of Notre Dame Law School. 95 101 Moorer, Adm. Thomas H., USN (Ret.), Chairman of the Joint Chiefs of 103 Bendetsen, Karl R., Under Secretary of the Army, 1948-52-. 107 129 Rogers, William J., Past National Commander, American Legion. 137 142 Letter to President Carter. 143 Haar, Herbert R., Jr., Associate Port Director, Port of New Orleans, on behalf of the Gulf Ports Association, Inc., the Mid-Gulf Seaports Marine Terminal Conference, and the Port of New Orleans. Two letters to President Carter__ 145 146 CONTENTS-Continued EXCERPTS FROM THE CONGRESSIONAL RECORD SENATE Convention With Nicaragua Terminating the Bryan-Chamorro Treaty of 1914 (Senator Mansfield) February 10, 1971. Convention With Nicaragua (Senator Mansfield) February 17, 1971, speech A compilation of 24 speeches by Senator James B. Allen (Alabama): Page 151 154 160 161 Washington Post article "The Case Against the Canal 162 Washington Post article "The Alternative to the Carter Pro- 163 2. Remarks to the Leadership and opening statement before the 165 3. Construction of New Canal In Another Country Forbidden Unless 4. Panamanian Minister Barletta Estimates the Cash Flow From 6. Old Soldiers Never Die-They Just Obey, September 21, 1977-- 7. Treaties Help Perpetuate Present Dictatorial Regime, Septem- 168 172 174 176 179 180 182 8. Treaties Designed To Prevent Panama From Defaulting On Tre- 187 9. Unavoidable Adverse Environmental Impact of Proposed Treaties, 195 Major Trade Routes in Panama Canal Traffic: 1975-- 198 199 Effect of 50-percent Tolls Increase On Commodity Move- 199 Diversion of commodities from Panama Canal to Suez or Cape 200 Cargo diversions involving voyages of decreased length via 201 Distances Yokohama to New York on all-water routes via 201 10. Treaties if Ratified, Could Be Greatly Altered by Executive Agreement Without Approval of the Senate, September 29, 1977___ 11. Statement Before The Committee on Foreign Relations-Five Major Flaws In The Treaties, October 4, 1977--- 205 202 12. Misinformation in The Historical Background, October 5, 1977-13. Events Leading to the Hay/Bunau-Varilla Treaty of 1903, October 6, 1977 210 214 14. Proposed Treaties Should Be Withdrawn, Redrafted, and Renegotiated, October 10, 1977 218 15. Brilliant U.S. Negotiators in Diplomatic Coup Secured “Concession" Already Provided in 1903 Treaty, October 12, 1977... 16. Heroin Connection, October 13, 1977___ Articles from the Washington Star and the New York Times. 17. Unsigned, Meaningless, Nonbinding, and Confusing Document, October 19, 1977... 18. Panamanian Leaders Get Assets-U.S. Taxpayers Get Liabilities, October 20, 1977.. 232 19. Democracy and Human Rights In Panama A Farce, October 26, 1977... 236 20. Existing Treaty Ties Abrogated, October 27, 1977.. 240 |