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His
"engage in the work of digging this canal.
first proposition is that the canal zone is no
part of the territory of the United States, and
that, therefore, the government is powerless t
Article 2 of
do anything of the kind therein.

the treaty, heretofore referred to, 'grants o
the United States in perpetuity the use, occupa-
zone of land and land under
tion, and control of a
water for the construction, maintenance, opera-
tion, sanitation, and protection of said canal.'
By article 3, Panama 'grants to the United States
all the rights, power, and authority within the
zone mentioned and described in article 2 of this
which the United States would
agreement,
possess and exercise if it were the sovereign
of the territory within which said lands and
waters are located, to the entire exclusion
of the exercise by the Republic of Panama of any
such sovereign rights, power, or authority.'

...

"Other provisions of the treaty add to the
grants named in these two articles further
guaranties of exclusive rights of the United
States in the construction and maintenance of this
canal. It is hypercritical to contend that the
title of the United States is imperfect, and that
the territory described does not belong to this
nation, because of the omission of some of the
technical terms used in ordinary conveyances of
real estate.

"Further, it is said that the boundaries of
the zone are not described in the treaty; but the
description is sufficient for identification, and
it has been practically identified by the con-
current action of the two nations alone interested
The fact that there may possibly be
in the matter.
in the future some dispute as to the exact boundary
Such disputes not
on either side is immaterial.
infrequently attend conveyances of real estate or
Alaska was ceded to us
cessions of territory.
forty years ago, but the boundary between it and
Yet no one
the English possessions east was not settled until
within the last two or three years.

ever doubted the title of this Republic to Alaska."
27 Supreme Court at 235 (emphasis supplied).

Comment: Firstly, the Supreme Court quotes directly from the language of the treaty, which language indicates that the United States has absolute sovereign power over the canal zone and that United States sovereignty is "to the entire exclusion" of Panamanian sovereignty. Secondly, the Supreme Court holds that it is fallacious

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to argue that there are imperfections in the title of the United States to the canal zone. Lastly, it is extremely interesting to

note that the United States Supreme Court analogizes the United States' rights to the Panama Canal Zone to the United States' rights over the Territory of Alaska (which are, of course, undisputed).

III. RECENT FEDERAL DECISIONS HAVE REAFFIRMED THAT THE
PANAMA CANAL ZONE IS UNITED STATES TERRITORY:

A 1971 United States Court of Appeal decision, United States v. Husband R. (Roach), 453 Fed. 2d 1054 (8th Circuit 1971), has reaffirmed the proposition that the Panama Canal Zone is United States territory.

"The Canal Zone is an unincorporated

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the Congress

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453 Fed.2d at 1057 (emphasis supplied).

18

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CONCLUSION

Before Congress acts, Congress should understand that this

20 country has sovereign rights over the Panama Canal and the Panama

21

Canal Zone, that the Panama Canal Zone is actual territory of the

22 United States and belongs to the United States just as much as

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Alaska belonged to the United States upon our purchase of that territory. 1/

DATED: July 13, 1977.

Michael Horndy

MICHAEL J. BRADY
Attorney at Law

40 Campo Bello Court

Menlo Park, California 94025

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The most recent reflection of public opinion concerning the Panama Canal Zone occurred on June 18, 1976, when the House of Representatives (concerning an amendment to HR 13179) voted 197-157 in favor of the proposition that any new Panama Canal treaty should "perpetuate the sovereignty and control" of the United States over the Canal Zone.

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His
"engage in the work of digging this canal.
first proposition is that the canal zone is no
part of the territory of the United States, and
that, therefore, the government is powerless tɔ
Article 2 of
do anything of the kind therein.

the treaty, heretofore referred to, 'grants o
the United States in perpetuity the use, occupa-
zone of land and land under
tion, and control of a
water for the construction, maintenance, opera-
tion, sanitation, and protection of said canal.'
By article 3, Panama 'grants to the United States
all the rights, power, and authority within the
zone mentioned and described in article 2 of this
which the United States would
possess and exercise if it were the sovereign
of the territory within which said lands and
waters are located, to the entire exclusion
of the exercise by the Republic of Panama of any
such sovereign rights, power, or authority.'

agreement,

"Other provisions of the treaty add to the
grants named in these two articles further
guaranties of exclusive rights of the United
States in the construction and maintenance of this
canal. It is hypercritical to contend that the
title of the United States is imperfect, and that
the territory described does not belong to this
nation, because of the omission of some of the
technical terms used in ordinary conveyances of
real estate.

"Further, it is said that the boundaries of
the zone are not described in the treaty; but the
description is sufficient for identification, and
it has been practically identified by the con-
current action of the two nations alone interested
The fact that there may possibly be
in the matter.
in the future some dispute as to the exact boundary
Such disputes not
on either side is immaterial.
infrequently attend conveyances of real estate or
Alaska was ceded to us
cessions of territory.
forty years ago, but the boundary between it and
the English possessions east was not settled until
Yet no one
within the last two or three years.
ever doubted the title of this Republic to Alaska."
27 Supreme Court at 235 (emphasis supplied).

Comment: Firstly, the Supreme Court quotes directly from the language of the treaty, which language indicates that the United States has absolute sovereign power over the canal zone and that United States sovereignty is "to the entire exclusion" of Panamanian sovereignty. Secondly, the Supreme Court holds that it is fallacious

1

2

3

to argue that there are imperfections in the title of the United States to the canal zone. Lastly, it is extremely interesting to

note that the United States Supreme Court analogizes the United States

4 rights to the Panama Canal Zone to the United States' rights over the Territory of Alaska (which are, of course, undisputed).

III. RECENT FEDERAL DECISIONS HAVE REAFFIRMED THAT THE
PANAMA CANAL ZONE IS UNITED STATES TERRITORY:

A 1971 United States Court of Appeal decision, United States v. Husband R. (Roach), 453 Fed. 2d 1054 (8th Circuit 1971), has reaffirmed the proposition that the Panama Canal Zone is United States territory.

5

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8

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12

13

14

15

the Congress

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453 Fed.2d at 1057 (emphasis supplied).

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CONCLUSION

Before Congress acts, Congress should understand that this country has sovereign rights over the Panama Canal and the Panama Canal Zone, that the Panama Canal Zone is actual territory of the United States and belongs to the United States just as much as Alaska belonged to the United States upon our purchase of that territory.

29

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The most recent reflection of public opinion concerning the Panama Canal Zone occurred on June 18, 1976, when the House of Representatives (concerning an amendment to HR 13179) voted 197-157 in favor of the proposition that any new Panama Canal treaty should "perpetuate the sovereignty and control" of the United States over the Canal Zone.

July 21, 1977

Hon. James B. Allen
United States Senate
Washington D.C.

20515

Dear Senator Allen:

In view of the planned hearings by your Subcommittee on Separation of Powers on the negotiations for a new Panama Canal Treaty, we of the Panama Audubon Society would like to bring to your attention the threat posed by such a treaty to the Canal Zone's valuable biological resources.

During the current talks between the United States and Panama, there has been no indication that the U.S. negotiators have considered the ecological impact on the Canal Zone of the proposed new treaty. This fact has caused great concern on the part of many persons here, as well as in the States, who realize that the forests of the Canal Zone harbor one of the world's richest treasures of tropical bird, animal and plant life. Robert S. Ridgely, ornithologist and author of

A Guide to the Birds of Panama, describes the Canal Zone as "a naturalist's paradise... ...(with) probably the most extensive, readily accessible lowland forests in Middle America."

It is our understanding that under United States law the State Department should have prepared an Environmental Impact Statement prior to entering into negotiations with Panama to change the political status of the Canal Zone. This, to our knowledge, was not done. Considering Panama's almost total disregard of environmental conservation within the area of the Republic, there can be little doubt that Panamanian control of Canal Zone lands would pose a grave threat to the survival of the Zone's forests and their wildlife populations. Their destruction would be a great loss to mankind. Equally important, removal of the forests would have a disastrous effect upon the operation of the Canal itself, reducing the precipitation so vital to the Canal's water supply and promoting rapid erosion of the floodplain and silting of Canal channels.

We, therefore, urge you and your subcommittee to give serious consideration to the ecological implications of the proposed Canal Treaty. For whatever further information it may provide on the subject, I am enclosing a copy of the letter I sent to President Carter on June 21, 1977, plus a copy of the reply I received from Mr. Hodding Carter of the State Department.

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