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LETTER OF TRANSMITTAL

U.S. SENATE,
COMMITTEE ON THE JUDICIARY,
SUBCOMMITTEE ON SEPARATION OF POWERS,

Washington, D.C., January 12, 1978.
Hon. JAMES 0. EASTLAND,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, D.C.

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 Respectfully,

JAMES B. ALLEN, Chairman, Subcommittee on Separation of Powers.

(III)

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CONTENTS

Pago

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TREATIES

A General Treaty of Peace, Amity, Navigation and Commerce Between

the United States and the Republic of New Granada (1846) --

Ship Canal (Clayton-Bulwer Treaty)—Convention Between the United

States and Her Britannic Majesty (1850).

Ship Canal (Hay-Pauncefote Treaty) (1901)

The Spooner Act (1902)

Treaty with Colombia (Hay-Herrán)—Transmitting a Convention Be-

tween the United States and the Republic of Colombia for the Construc-

tion of a Ship Canal, etc., to Connect the Waters of the Atlantic and

Pacific Oceans (1903) -

Panama-Isthmian Canal (Hay-Varilla Treaty) (1903).

Treaty Between the United States and Panama for the Mutual Extra-

dition of Criminals (1905)--

Neutrality Agreement (1914)

Convention Between the United States and Nicaragua ceding rights for

Construction of ship Canal by Nicaraguan Route (1916) -

Friendship and Cooperation Treaty With Panama (1936) -

Mutual Understanding and Cooperation Treaty with Panama (1955)

Termination of convention of 1914 between the U.S. and the Republic of

Nicaragua respecting a Nicaraguan canal route, 1971.-

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, Congres-

sional Research Service. On U.S. Commercial Bank Loans to the Gov-

ernment of Panama.

[blocks in formation]

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

Berger, Prof. Raoul..

Appendix

Addendum

OLLA

Rice, Charles E., professor of law, University of Notre Dame Law School..
Statutory authority for certain transfers of U.S. property in the Isthmus of
Panama-L LULLLLL

CALCU--

----

Moorer, Adm. Thomas H., USN (Ret.), Chairman of the Joint Chiefs of

Staff 1970–74.

LLLL

Bendetsen, Karl R., Under Secretary of the Army, 1948–52...

Reagan, Hon. Ronald, former Governor of California -

Rogers, William J., Past National Commander, American Legion.

Resolution No. 445...

Letter to President Carter

SOEST adul

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 -

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236

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

by Senator Thurmond on treaty vote---

A compilation of 24 speeches by Senator James B. Allen (Alabama):

1. No Right To Intervene To Defend Canal, September 12, 1977---

New York Times article, “The Canal Terms, Argued From

Different Premises” by Paul B. Ryan...

Washington Post article “The Case Against the Canal

Treaties” by Philip Crane..

Washington Post article “The Alternative to the Carter Pro-

posals” by Jesse Helms.---

2. Remarks to the Leadership and opening statement before the

Subcommittee on Separation of Powers regarding Constitutional

issues, September 13, 1977-..

3. Construction of New Canal In Another Country Forbidden Unless

Permitted by Panama, September 15, 1977----

4. Panamanian Minister Barletta Estimates the Cash Flow From

the Proposed New Treaties in Stark Contrast With Analysis

by the Treasury Department, September 16, 1977-

Excerpt from speech by Minister Nicolas Ardito Barletta---

5. Ability To Operate and Defend the Canal Questionable, Septem-

ber 20, 1977.

6. Old Soldiers Never Die-They Just Obey, September 21, 1977..

Editorial from Army Times, “Using the Chiefs”,

7. Treaties Help Perpetuate Present Dictatorial Regime, Septem-

ber 22, 1977.

8. Treaties Designed To Prevent Panama From Defaulting On Tre-

mendous Loans Owed Multi-National Banks, September 27,

1977-

9. Unavoidable Adverse Environmental Impact of Proposed Treaties,

September 28, 1977..

Major Trade Routes in Panama Canal Traffic: 1975.

Panama Canal traffic by commodities, 1975.

Effect of 50-percent Tolls Increase On Commodity Move-

ments Through Panama Canal in 1985.-

Diversion of commodities from Panama Canal to Suez or Cape

of Good Hope resulting from 50-percent increase in Panama

Canal Tolls (1985)--

Cargo diversions involving voyages of decreased length via

Suez Canal or Cape of Good Hope.

Distances Yokohama to New York on all-water routes via

Panama Canal..

10. Treaties if Ratified, Could Be Greatly Altered by Executive Agree-

ment 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.

12. Misinformation in The Historical Background, October 5, 1977..

13. Events Leading to the Hay/Bunau-Varilla Treaty of 1903,

October 6, 1977--

14. Proposed Treaties Should Be Withdrawn, Redrafted, and Renego-

tiated, October 10, 1977.

15. Brilliant U.S. Negotiators in Diplomatic Coup Secured “Conces-

sion” 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.-

19. Democracy and Human Rights In Panama A Farce, October 26,

1977..

20. Existing Treaty Ties Abrogated, October 27, 1977.

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240

CONTENTS-Continued

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292

EXCERPTS FROM THE CONGRESSIONAL RECORD

SENATE

A compilation of 24 speeches by Senator James B. Allen (Alabama)-Con.

21. When Present Dictator Falls, New Government Could Reject

Treaties, October 28, 1977--

22. No Priority Transit of U.S. War Vessels, November 1, 1977.

23. Present Drug Traffic Not Foreseen in Extradition Treaty of 1904,

November 2, 1977...

24. Executive Agreement Longer Than Both Treaties Combined,

November 8, 1977--

Article from the San Diego Evening Tribune, entitled “Ad-

miral Opposed Canal Treaties” by Adm. Horacio Rivero..

Panama Canal Giveaway Violates Constitution (Senator Garn) Septem-

ber 7, 1977.---

Article from the Conservative Digest by Senator Orrin G. Hatch.

Panama Canal Treaties (Senator Thurmond) September 8, 1977--.

Comparative Survey of Freedom-Table of Nations--

Poll Shows Close Margin on Panama Canal Treaty (Senator Chafee)

September 8, 1977..

Gallup Poll..

Text of the Proposed Panama Canal Treaties (Senator Muskie) -

The Canal Treaties: Reason or Risk? (Senator Harry F. Byrd, Jr.) Sep-

tember 13, 1977..

“Panama: The Specter of Violence” (Senator Cranston) September 14,

1977.

Misconceptions About Panama (Senator Cranston) September 16, 1977-

The Panama Canal Treaty (Senator Harry F. Byrd, Jr.) September 16,

1977.

The Panama Canal: Sovereignty and Security, by Hanson W. Baldwin,

AEI Defense Review

The Panama Canal Treaty (Senator Thurmond) September 21, 1977...

Article from the Jacksonville Times-Union entitled “Guantanamo

Surrender Next” by John Chamberlain.---

The Panama Canal (Mr. Cranston) statement by Senator Hollings.

The Panama Canal Treaties (Senator Dole), defines defects of treaties and

suggests amendments...

The Panama Canal Treaties (Senator Harry F. Byrd, Jr.) September 23,

1977.

Communists Welcome Panama Canal Treaty,” by Henry J. Taylor,

syndicated columnist..

Panama Canal Issue (Senator Mathias), editorial in the Cleveland Press,

with response from Reed I. Irvine.

Ratification of the Panama Canal Treaties (Senator Sparkman) statement

by Senator Strom Thurmond..

The Panama Canal Treaties (Senator Thurmond), news release by Senator

Dole: “Confidential Cable Proves Panama Canal Treaty Flawed”.

Panama Canal Treaties (Senator Percy), statement by Senator William L.

Scott..

The Panama Canal Treaty Cable (Senator Dole) -

Doubts About the Canal Treaties (Senator Harry F. Byrd Jr.), article from

Human Events discusses the effects of the Escobar statements entitled

"Senate Remains Skeptical About Panama Canal Treaties”.

Statements before the Committee on Foreign Relations:

Senator Mike Gravel..

Senator Paul Laxalt.

Senator Bob Dole...

Senator William L. Scott.

Senator Jesse Helms.

Panama Canal Treaty (Senator Thurmond), articles:

“U.S., Panama Differences Cited: Canal Treaties Get a Jolt," from

the Washington Post, October 5, 1977, by John M. Goshko.--.

“Dole Says U.S. Cable Shows Differences With Panama on Treaties,"

from the New York Times, October 5, 1977, by Graham Hovey..

The Panama Canal (Senator McGovern), letters to the editor, Nation's

Center News, September 16, 1977...

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