Panama Canal treaties (United States Senate debate), 1977-78

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Title:
Panama Canal treaties (United States Senate debate), 1977-78
Physical Description:
3 volumes (xiv, 5964 pages) : ; 23 cm
Language:
English
Creator:
United States -- Congress. -- Senate. -- Committee on the Judiciary. -- Subcommittee on Separation of Powers
Publisher:
U.S. G.P.O. :
For sale by the Supt. of Docs., U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Panama Canal Treaties   ( lcsh )
Panama Canal Treaties (1977)   ( fast )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
prepared by the Subcommittee on Separation of Powers of the Committee on the Judiciary, United States Senate.
General Note:
At head of title: 95th Congress. Committee print.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 08305549
lccn - 81602951
ocm08305549
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lcc - JX1398.73 .P36
ddc - 341.4/46/02667307287
System ID:
AA00025653:00003

Full Text








05th Congress 002MIT TEE PRINT




-DANAMA CANAL TREATIES
[UNITED STATES SENATE DEBATE]
1977-78



J MREPARED IBY TIM
SUB0OMMITTE-E ON SEPARATION OF POWERS


COMMITTE:E. ON THE JUDICIARY
ell






TJNITED STATES SENATE


3RD AND FINAL PART


.-.MARCH: 17 lTHRU APRIL 19, 1978









Printed for the use of the Commnittee an the Judiciary

U.S. GOVERNMENT PRINTING OFFICE
29-4W, 0 WASHINGTON :1979
Fo aeb h uei11dn fDcuetUS oenetPi~gOfc
W* utoD..200






















CMAMITEE ON THE JUDICIARY
JAMES 0. EASTLAND, Mississippi Chairman
EIDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina
BIRCH BAYH, Indiana CHARLES McC. MATHIAS, Ja., Maryland
ROBERT C. BYRD, West Virginia W ILL1AM L. SCOTT', Virginia
.JAMES ABOUREZK, South Dakota PAUL LAXALT, Nevada
JAMES B. ALLE N, I Alabama ORRIN G. HATCH, Utah
JOSEPH R. BIDEN, Ju., Delawrare MALCOLM WALLOP, Wyofuwin
JOHN C. CULVER, Iowa
HOWARD M. METZENBAUM, Ohio
DENNIS DECONCINI, Arizona
PAUL G. HATFIELD, Montana
F)RANcIs C. ROSEgNBERGER, Chief Counsel and Staff Directo r



SluscommrrrE O-N SEPARATION OF POWERS
JAMES B. ALLEN, I Alabama, Chairman
ROBERT C. BYRD, West Virgini'a ORRIN-b. HATCH, 'Utah
JAMES 0. EASTLAND, Mississippi WILLIAM L. SCOTT, Virginia
QUnerm CROMMELI, Jr., Chief Counsel and Staff Director "-
Dr. JAMES McC=LLAN, Minority COunsei
PAUJL;GUL.ER, Editor.q DIro
MELINDA NEESE, Whet~er
ANN SAUER, Assistant Clerk
DEmDRE Houcmws, Research Assistant

*Senator James B.Allen died June 1, 1978. His widow, Maryou, was appointed to his office and subsequoAt y to
the chairmanship of Separation of Powers Subcomnuittee; Commnittee on the Jmudciary on July 27, 1978.

(. .













LETTER OF TRANSMITTAL


U.S. SENATE,
COMMITTEE ON THE JUDICIARY,
SUBCOMMITTEE ON'SEPARATION OF POWERS,
Hon.JAM~ O. ASTLND, Washington, D.C., December 1, 1978.
Ch.irman, Committee on the Judiciary,
U.S. Senate,
Washington, D.C.
DEAR MR._ CHAIRMAN: At the direction of the late chairman of the
Subcommittee on Separation of Powers- Senator James B. Allen of
Alabama, I respectfully submit on behalf of the. subcommittee the
follpwing three-volume compilation of Panama Canal Treaty debates
and related material con-solidated from the records of the 95th
Congress.'
SAs you particularly know through your close friendship with the
late Senator, our chairman felt very strongly that the debate of these
treatiesiwas perhaps the most significant national decision facing
our country during thisdecade, and he expended great personal
energy and thought during consideration' of all aspects of the pro-
posed cession, of the Canal, Zone to the Republic of Panama. In
directing this consolidation of the Senate- debate, Senator Allen
hoped to provide a-single, major'source document for future rese irh
,by historians-and for convenient use by the Congress in the continu-
ing review of th~is issue-a review -which will undoubtedly be re-
sumed "in the immediate future in connection with proposed
legisla~tion to authorize 'and implement the treaties. In my judgment,
this work will well serve that intended purpose and will prove
valuable to future generations in enabling an accurate understand-
I ing-of what actually transpired during this important time in the
his-W, of the United States and of the U.S. Senate.
Wilth kindest regards, I am
Very respectfully,
QUENTIN CROMMELIN, Jr.,
Chief Counsel and Staff Director,
Subcommittee on Separation of Powers.
] IIiR V iiiiiiiiiiiiiiii




llii










Itm





VON

i

il

















CONTENTS




AMNDMENTS, RESERVATIONS, DECLARATIONS, RESOLU-
TIONS, AND UNDERSTANDINGS

Amndmnents: Pwg
5 (D ole)............................ ....................... I......................................................... .... 5488
7 (D ole) .................................. i......... 0 ...................... e............. ................................... 5489
23 (Cannon)..................................:.............".. .................................................. 4965, 4971
38 (H atch) ................................. I................ I.................... 4728, 4775, 4828, 4875, 4916
45 II tlett) ................ I...................................................................,................ 4623, 4659
69 (Dole) ...................................................................................... 3985, 4075, 4079, 4828
82 (Hfatchi),..,........... ........................................................................................ 5025, 5042
86 ( All nY............ :................ m....................................................... 4098, 4104, 4147, 4180
87 ( o dw t r ............ .......- ........................................................ 14099
(G ld at r ..........a.......e.............................................................................. 4W 99
9 St e k s .............. ............~......................................................................... 5043, 5063
91, (Afllen) .................................................. .................................. 4449-,4459, 4488, 4497
92, (H atch) ..................... ................................................................................. 4189, 4448
97 (f id m it t) ........................ .................................. I............................... 513 4,513 8,514 8
9.4 UL ng)......... ..................................................................................... 5237, 5304, 5379
110 (Hlelams...... ...... *....... *.... .... ............................................................................... 4944
101 (A llen) ......................................................................................................... 5152, 5177
102 (H elmas) ......................... ....................................... ........................... 4984, 5014, 5019
103 (G riff n)..................................... ... ........................................................... 5510, 5516
104: (A llen) .......................................................................... 5485, 5494
105 (A lin ) e....... ..................................... ................. 5495::::::::: :::::::::::::::: ,550o3
Amedments (nrne)
13 (W lo )....................................................................................................... 4059, 4063
'17 15 I ......... 4.............. 6.......................,......................................................... 4550, 4573
(A l n ................................. .......................................................................... 4576, 4599
19 ..... ..... ............................. ........... 4897
26 elm s) ...............,............................................................................... 4926, 4946, 4949
21 (Helms) ...................................................................................................... 4950, 4964
22 ( a c )......................................................................................................... 4973, 4983
24 (T u m oond)... .......................................................... ................................... 50 64, 508 2
25 (1o e ................................................................................................................... 5121
827 ~ l ......... *...................................................J.. .............. 6....................... o.............. 5833
28 ( o e ... ........................................................'.................,....................................... 5332
36S 16b r C. By d ..................... ............................ 5443, 5505, 5509
37 (Cannon) ............,............. ................. I................... ........ w................ w................... 5506
39 (Cainnon) ..................................................................... ......................................... 5517
Rsrvations.
3 :(Bartlett) ...................................t. ...............................................................o 5429, 5437
12 (gr o e ........................................................................................................ 4515, 5330
14 (H ollings) ..................................... .................. .............................................. 5275, 5305
15 (Stone)..... ................................................................................... .................... 9 .. 5418
.18 (H elm s) ........................................................................................................ i3 4, 5421
19 (Curtis).-........................................... o ....................... .............. .......................... 5422
20 (D1eConcini) .................................. .............................................................. 5372, 5427
*servations, (unprinted):,
27,,(Brooke.) ...... .................. ........ .......... ........................... ..................... 5320
28 (Brooke).., ..e ...... ............... ............- I ..............--------------... %.............. 5322
33 (Dole) .......1-:.......... .. ........................................... ........................................ 5402, 5424
34 (Thurm ond) ........ ........ ...........................x................ 5406, 5425
M5 (CAnnon ............. ........ ...... ............................... ................ 5420, 5517

WV)






VI

Understandings:the

10 (S a k a )................................................................................... ........ i........
12 (D a for h) .......................................................................................... -
16 (Thurm ond) ........Z............................................ 0.......................................*---5,-
Understandings (unprinted):
268 (Brookhe) ................................ 4...... %............0. ...... ........................... ............
30 (Curtis) .................................................................
31 (DeConcini) ................................................................. I...................... ...............
Resolutions:
424 (M ag nusaon) ............................................................................................... 1 3 181
97 (A llen) ......................................................................................................... . "
Declar ati on No. 2 (G old wat er) ........................................ .....................a
Resluionh of ratification on Executive N (the Paam anlTreay) .......... .....

STATEMENTS ..,,..
Me an y, George, Americean Feder at ion of La bor ...........................................*.,:..........t 4Md
Newl York Stae Liberal Par ty ................................................ ........................ 48 2t
Hoin. Hailo Fihi, former Congressman .................................................... ., 4?"
IBenenson, Dr. Abrmin S., director, Gorgas Memorial Laboratory17, '14k[b(

Pimanamn ia n Fobrei gn nMinistr y .....................................................................!.T.......... .. 4 612
Whitman W.% M., former Secretary of the Panama Canal Company ....... 4=1
Texts oftlhe letter ofPresiident Nixon and of Secretary Rogers, and. the reer
Senator Vulbiighit, along with the resolution of ratification of Pooo
the Treaty for the Prohibition of Nuclear Weapons in Latin America-.,,... 4953
Annual rptsof the Intelr-American Press Association ........ .............. 4.97r-
AboEwrFord dealer in Panama ....................................................... 5010
Panma Cana C1ompanly Pilots Junius Chauvin, John Wallace, Burley Pruott,

Maanaa Senator Spairk M ................................... 5165
BetArhuprofessor emeritus of history ........................................... 5=......
M lo ,J ohn J ......... ......................................................................................... .. U
KelBso homnas C., UJ.S. Catholic Conference....................................... 5MFI


ARTICLES AND EDITORIAL
94 anmaHails Vote; Senate Reservation May Cause Trouble," by -Karen

"Panamnians eluctantly Indicate They Accept Pact's Reservations,"' by Alan
R dn ,New Y r Times......................................................................... ........ 3924
"One MnsCry of Conscience Amid Panama Panic," by Jae Webbaer,
N ew Yo k os ...................................................................... .... 18
"Why e Must Keep The Canal," American Security Council's Washingtona

"Halfof House Members Would Vrriik
and Mike Richins, Scripps League newspapers ................................. ............ ...... '4188
"The Public Rtecord,"' editorial, Winston-Salem Journal ...................... --4228
"Te Cost of Rejecting the Treaty," by former Senator Huh cotPhiladel-

"Panama Canal Foes Uninformed," by Art Hough, Cedar Rapids Gazette .........A
"'Shipbuilders Begin To See New Tanker Orders Ahead," by Craig Howa*
Journal of Com m erce ........................................................................ 14511
"'Tankers Axe Still in the Doldrums," Business Wek.......................4514
"Live From the Senate Gallery, It's Lindan Wertheimer," by William Gildea,
W ashington Post ..................................................................................:.. 4601
"Panama Coot to Treaty Alterations," by Jee-a ",eay ashig-ton]
Star ......................................................................................................... ..... ................ 4,7 22
"Panama and Pax Americana," by Jude Wanniski, Wall Street Jouna............. 4M,1
Series of translations of reports from the Panama news media; 0conerning
discussions that have been going on in Panama about the actions of the U.S.-
Senate .....................................................................................................................:.... 4737
"Reservations About DeConcini,"' editorial, Washington P t.......... :........ 4884
"Mythologizing the Panama Canal,, esany, Time magrazmie ................. .............. 4884






VII
Page
g "by Haynes Johnson ..4.i...................................................................... ............ 4886
,Ihe New Panama Canal Treaties: A Potential Diplomatic Pearl Harbor," by
Lui& Kutner, president, Commission for International Due Process of Law.... 4904
"The Name T hat Strikes Instant Terror,".b7 Sally Quinn, Washington Post..... 4998
'The Panama Canal: The Untold Story, by William F. Wright, United
Yeatures Syndicate ............................................................................... ...................... 5001
lP~ama's Efforts Again Embarrass Treaty Backers,-" by Walter Taylor, Wash-
14 tag ton Star-.". ... ............ .......6d............................................................................. 5098
Atticle on Panama plebiscite, by Donald G.i Herzberg and Timothy S. Healy,
G e rg t wn U n v rsty .... ......... .................. i..........,.............. 0................................ 5 7
P'Draft Report of Study Mission to Panama," by Senator McGovern ................... 5200
"Same Observations on the, Panama Canal Treaties," by Lynton K. Caldwell,
t r, Indiana University ............ .............................................................. 5214
't Isl(and Isn't) Said in Canal Debate," by Robert G. Kaiser, Washington
P ost .............. .............................. e...... ........ ..........0. ......................................................... 5249
"fTop Adversary of Canal Facts,"' by Adam Clymer, New York Times ................. 5395
"Torrjos Would Have Destroyed' Canal," by Marlise Simons, Washington Post 5592

'CORRESPONDENCE AND MEMORANDUMS
11 Exchange of letters between President CArter and General, Torrijos, in connec-
ti-on with the Senate's, vote on the Neutrality Treaty ........................a...... 3929
INihange of letters between. Senator Sparkman ndthe Secretary of Stat,
takncerning the appointment of Mr. i~nowitz to a temporary appointment ..., 4135
`etier -toSenator Thurmond from Col. Lawrence, W. Jackley, questions and
Ianswers concerning the transfer of properties, installations, and equipment 4166
Letters to Senator Sparkman. frqoan
Flom Alexanider B. Trowbridge; vice chairman, Allied Chemical Corp. and
former Secretary of 'Commerce ..... ............. a................. ................. ............ 4259
Harold W. McGraw, Jr. chairman and president of McGraw-Hill, Inc ....... 4260
4,Jose Aceves, executive director of the Latin American Manufacturers
Associktion of, W ashington, D.C ............ ....... ............................................ 4262
Timothy, W_ Stanley, president of the Inentoa cnmcPolicy Asso-
ciation ................. ....... "........... .................................... v................................... 4262
James P. Grant, president of the Overseas Development Council ................. 4263
Ricardo Zazueta, national director of SER-Jobs for Progress, Inc ................. 4263
etter to Senator Byrd from Walter Sterling Surrey, president of the American
Socliety of Internaioi nal Law .............. I....................................................................... 4438
Letters od undersaindin glxetween Cordell Hull, Secretary of State and Dr. Don
Augusto S. Boyd, Ambassador of Panama, 1939 ............. :................%...................... 4551
Two telegrams from Senator Bartlett -to Gen. Omar Torrijos ................................. 4639
e po s ................................... ................................. ......... a......... ........ 4643
Letter to Senator McIntyre from Douglas J -. Bennet; r. answer toqetoson
inplem entinig legislation ............................................................................................ 4647
Letter to the U.N. from the Permanen-t Representative of Panama .................... 5107
ILetter from Senator Hatch to the editorial board, Washington Post ................... 5190
C-prrespondence betweien the attorney for the Boston Panama Co. and Terence
A. Todman, assistant secretkry of State, seeking compensation for extensive
Pangavanian real property holdfings expropriated without compensation by
the Government of Panama ... ...................................................................... 5363
'Orrespondence dealing with the validity of the title now held by the Sojourn-
!1Igs Lode ofte AcntFree and Accepted Masons ......... i...........................i.... 5441
'orerespondence between Senator Brooke and President Carter on the availabil--
ity df the Panama Canal min an emergency ................. I................................ ........ 5469

CHARTS AND: TABLES
L-nd and water areas of the Canal Zone ........................................ ........................... 4244
Estimated main seaborne oil movements...................................... 4506
Average size of ships in service and on order .................................... 4510
cqsto the American taxpayer and consumer resulting from proposed Panama
Ca al Treaties ........................................... a.................. .4.......................... 4.................... 4571
Panama Conal costs-first-year operation under 1977 treaty compared to 1978
budget ......................................................... ..................................... ............4..s... 4781
rMajor categories of job reductions for Panamlanians'......,...... .......................... 4990







VIII

Direct costs during life of treaty either as a loss of revenue to U.S. Treasury, or', -,i V,
to be met through appropriations ......................... .m...... 4....................,.....
Payments to Panama to be supported by toll? inlcreaseS ........................ .....maWA
U.S. military facilities *in the Canal Zone and their status under the proposedt.e.
treaties ...... ..... ......... .......... ...... ag ..... ........4....
WEffcsa of toll incemasesn n PanaaCnlnttnrransi .aa .... 6310





i::, R t *2 F 1
Size of toll increase needed to pay U.S. Treasury before making payumets to ,-



MISCELLANEOUS
Indian treaties which involved purchase of lands: that were approved by

"This Is the Beginning of the End of the CooilEcae"translation of the
areement of principles ..4
Treaty Between the TUnited Sntate and Panama (Mutual IUnderstanding and .*
Coorperation ) 1955 .................................. .... ..... .. ... 4 T

Badof Panama Canal Company ...................... ....... 4.............. .................. 4W...4o
Compwainsne of GAOf cnonerns and dranft. hiplemnartirn 1 gilatibn for Panamw. ,
Cianal Treatyr ............................ 4647
Dissenting opinion: Mickey Edwards, Member *of :Congress, Oklahoma, ei t .,. .
Appellants v. James Earl Carter, President of the United States--U.S. Court:
of" A ppeals for. the Ditricklt of Columbia Circuit, ANo 78-4.166 ........ .....466
Textms of treate' rlto o h aaa aa,16 ............ ;. .. .t ........ *lmn 14& M'Ifh
Braen-Chamnoro Treatry of 191 4 .............................a....w-....... 4804
Memorandum and annex of the Panamanian Ambassador to the U.N., and

Canal Treaties opinifon poll, by Senator Bill Scott ............................................... 6117
Study by the Instittest of A merican Relations ....................... .. ....

APPENDICES
Appendix: Subcommittee report on the power-of Congress to dispose of U.S.
property .............................................. .................. ;............................ i............... i............ 5 9
Appendix A: Opening statements of Senator Allen at. Panama Canal hearings
conducted by Subcommittee on Separation of Powers ................................ .... ... 58
Appendix B: Testimony of Raoul Berger, author of "Executive Privilege" and
'Governm ent by Judiciary" ............................... ..........................................
Appendix C: Testimony of Richard N. Cooper, Under Iertr of; Stt foI a
Econom ic A ffairs ............................................ ................................... i........... .......... 5728
Appendix D: Numerous remarks about Maj. Gen. William Crawford Gorges and -
the Gorgas Memorial Institute of Tropical and Preventive Medicine 4....... 786
Appendix E: Statement of Leland L. Riggs, Jr., a retired special agent i3n charge
of the U.S. Drug Enforcement Administration ................... I.................. ..... ...... 80
Appendix F: Report to the Senate of the Select Committee on Intelligence ...... 68"
Appendix G: Sheet regarding-Galeta IslandPanama Canal Zone ..................... FAh
Appendix H: Speech by Senator Helms which he made on the Senate floor
analyzing the legislative history of the Senate's intentions and quotes to
relevant portions of the Panamanian communique .........................................















COLLOQUY



M O- ames (D m ca fS uhD k t)...................................................... 5520
B, I (Demo crat of Ala bama) ............ ............................................... 3915-39 2 2
$925-3937, 3941-3943, 4045-4050, 4065, 4071, 40V73, 4076, 4081-40829
4086-4088, 4096--49, 4104-4117, 4153, 4157-4162, 4169, 4173,
4177-4179, _4263, 4266-427, 4273, 4275-4282, 42"5412, 43"3429,
4368-4369, 4376-M38, 4387-4413, 4449-4459,: 4471-4480,.4488,-4489,
4491-4493, 4496, 457445M4 W458-57, 46,03-4604, 4606-46109
4660-4666, -4718-721, 4768, i782-4791, 4844-4860, 4877-4879% 4884,
4899-"91, 4894-4904, 4931-4941, 5093-5098,' 5100-5107, 51-17
5149-5164, 5170-5176, 5188-5189, 5243-5246, 5409-5410, 5449-5452,,
UA 5-548, 5492, 5495-5497, 5501-5502, 5504, 5507-5508
en elR. (Democrat of Minnesota) ..... ................................................... 5506
e ard H., Jr. (Republic of Tennessee).............. ................................. 3925-3926,
3M3, 3931-3932, 4096-4098, 4150, 4170, 4490-4491, 4495-4496,
4545-4546, 46&"-66#, 4875, 530-5305, 5331-5333, 5350-5352, 5354,
5444-5445, 5563-5567
aP wey F. (Reublia ofO lh ) ..... ... .............................. 4019-4021,
00 a028-04 1040,47,42-62 4636-4641, 4651, 4653-4658,
5429-5035, 543-5438
Wbih (Democrat of Indiana) .............. ................ ....... 3996-4009,,5495-5496
n,* Uqy-d emocrat of Texas) ............................ 5435-5437, 5504
Joseph X., Jr. (Democrat of Dela re ................. ....................... ........ 5422, 5587
Bn'r'' dward W. (Republican of Massachusetts)............... 4........ ..........:....... 4064-4068
444&--4446, 4515-4517, 45444549, 5317-532, 5333, 5467-5469
Dalo (Democrat of Arkansas) ................. ..................................... 5176, 5439
t N -(Democrat of Nort Dakota).As. ................................................ 5520
_ FIIE F., Jr. (Independent of Virginia) ....................... ...... ...... 4....................... 4163,
4562-4563, 4565-4571, 5184-51$5, 5187-5188, 5209-5212, 5395, 5507
-. (Democrat of W est V' ............... .......................... 3915,
3626-3938, 4064, '4071'7 5, .0.. 4082, 4096-4099, 4148-4163,
4169-4173, 4181, 4383, 44W34438, 4441-4442, 4445, 4489-4498,
456.4-4565,'4574, 460-409,. 4611:4612, 4660, 4784-4787, 485&-4861,
4875-8M9, 4898-4904, 4985-4986, 5010, 5013-5014, 5020-5024, 5064,
6111, '5134, 5149, 5185-5189,_-5231-42A4 A5317-5318, 5349-5354, 5359,
58 5, 5=2 0 5440 5445, 546, 5504,,5506-5507, 5516-5521,
lward W. (Demoerat of Nevad&) ...'v..........s.,.. p.. ... 4965-4967t
4969.-490 5420-5421 506N, 5517-5518
M ica ofNewJerey) ............................................. 5318
14. (Republican of Rhode Island).,.............-.......... 4082, 4482
h, Pank (Democrat of Idaho) ...............................40403
.4005-40K0 ~4T-W 0,454 64 4066-4069, 4075-4076, 4124-4131,
4147, 4163,-41g1, 4224P 426,45-45, 134269, 4271-42750 4350i
4364-4365, 4369, 4=734378, '4432, 4447,,4449, 4459, 4464-4471, 448%,
49-44A8 45K4 4597-4598 4600 4656-4660 825-480, 4941,
494-495, 948498, 460,49C4, 4k1-4973, 4R"-483# 03 04
&117,,5148,, 5179,. 5251-5252, 5271-=527, 5M0-5305' 5M3, 540-5409,
6419, SM2-5427, 5M3, 54U7-5438, 5452-5455, ,5461-50," 546T,
UWWOr-tT, S49-5493, 4M9, 549-&&0, 55W6-$W09 4'513-t518, 55,84,
Of*At wkM*"cato(iwi) ......... ..................4..... 02-07






X

Cramen, Alan (Deimoiii of Californa.i.................
4M% 4147, 4180, 4448, 4497, 0M iiiii
4875-W874 49K4W, 4 49, es-de 497149 50, W 68
5082-5093, 5147, 517%, =27-6=1, 530-5056- 53 M 5
5423-M2 5M89 5466, 594K 5500-M501, W
Caturlvter Jon. (Democrat. of Iowa) ....... .... ....
Curtis, Cad T. (pblcnof Nebraska) ------- 3
406 4iii447i75,-
5=s-530s, sast-5363 &W 588sV4-W6i5M 51
Dafrh Jon C. (euicnOf Misor)2....4.- -
De~ncni Dnnis (Democrat of Arixma)..... 4496, 53s&074 MMw
i Riobert (Republic of Ka.nsas.) ......... .
4007-4014, 4025-40M8, 4042-4043. 4051-4D M-&
4170-4172, 4352-4355 4493-446 4619-42,'79 74,= 4
4810-4811, 4817-482, 4822 48M 8 5.552, 531 4,N
5TPI9-Wl8, 5402-6M05 540&-5M06 5424-U25, 5#- 54-MS
5579-M79, 5594-5595

ii ..... ...4
Durkin, John A- (Democrat of New HampabI e....08
Eastland, Jamnes 0. (Democrat of lawi ipi... ......... .00
Ford, Wendell H. (Democrat -of Kentucky) ZN9.........9.-395%.. 4M
Garn, Jake (Republican of Utah) .......- ---....-- 4MG
Goldwater. Barry (Republican of Arbanna) -. '........g
42BS 4329-4338, 44084445. 4848-4851, 4521
522- 5588
Gravel, Mike (Democrat of Alaska) ............ ."... g
4W02 4806-88 '4820-4827, 4837-4839 89D0
4888-4890, 5251-8274, M47-5477, 5521.
Griffin Robert P. (Republican of Michigan) ....... ..
3925, 4134-4135, 4142-4148, 4152, 42,48224A = =
484&-4M4 5028-5=8, 507&-W079. A,%542-52 -M 46
5470, 55IG-5513
H~aanse, Clifford P. (Re-publican of Wyoming) ..................... .
4081--4082, 4084-40M6 4641-4643. 4648-61 fi U
5180,5185
HackOrinG. (epgalican of Utab) ............... ....... ... .
4033-4043, 4080, 4082-4085, 412M-412M, 413 Min
4187-4226, 4=8-4233, 42M, 4285, 43 43843D-45
4355-434 4878, 4388438, 441k 4441. 4.iiq,.43-1
4768-4775, 4782, 4794--4797, 4M4,. 4847-8 4S = 8640L
4875, 4972,-M96, 4981-498 5M2&-5=i f4SX- l"12
5208-50, 5W6, 54UA-855, 5521-6=2
Hatfield, Paul (Dhemocatofn MnFtana).......579M
Heiny, HI. John. HI (R iblican of P437laia... 8-479y
HeT Jes (lV&-a of Not C r I T.ardins 5. .... 3945u t
396&-3Mta, 9&-MW 4 146, i, 416 14 4169 41"7, 4227426
4878, 4446-4447, 4490-4491, 4500-45L 5745 594ifl
4Wkli6)4i5, 41itS41iW. 4729-4981, 4B51-a ,W4%WA"
4917-4921, 4923, 49IM--1, 497-93,49 96-96, 94-9
5007, 5i014-6019, W24. 5189, V518,S -0 WI~t SW-
;5470-U575, 548k 53-ii
HolnE Ernest F. (Democrat of South Caralina). --- 6 2719
Huddeston, Walter DA (Democrat of Ken -ky
Javits, Jacob K. (Republican of New Yr) . 4076.
4079, 4365-0406, 5063, 532&6~ 5W U93 S
Kney, Edward M. (Democrat of Msachusetts).-..
Layalt, Parul (eulican of Nevada)'. ....... 90
-059. 39396 401&4020, 4071, 41572,K'4156
4877, 4944, 4984 50=2 530k, 5317. 531 SM 5U 5M 4 U oig
5522-5525
Leahy, Patrick J. (Democrat of Vermont) .... ...... ... ...... 39511-3964
iiiiiii%37637,400 07,4%46046 16 54

481 -4 14iiiiiiiii7761.i24i5i520-i5iiM.557i






XI

Long, Ru sl .( emocrat of Louisiana) ......................................................... 4161-412,
411, 4605-4606, 5237-5242, 5251-5252 559 4162-4163 45,
525-5257, 5262-5263, 5266-5272
Luga,. Rih rdB(Republican of Indiana) ............................. 0521-514
'Wre G.. (TDemocrat of Washington) ... ..................4162-4163,
4853, 5256-5257, 5262-5263, 5266-5272
MothasChare McC., Jr. (Republican of Maryland) ...... 4134, 4141, 4608, 5393, 5504
Spark, M. (Democrat of Hawaii) .................................................... 3955-3956,)
35-3959, 3963-3965, 4066, 4324, 4327-4329, 4601, 4603, 4606,
4604610, 5070-5081, 5164-5165, 5170-5176, 5214, 5268-5269,
525-5286, 5302-5303, 5379
-fi~ e Jame A. (Republican of Idaho) ......................... i................................ 4152-4153)
492, 5149, -5317-5318, 5324-5326, 5328-5330, 5448-5449, 5519,
556-5568
Mc~oern Gerg (Democrat of South Dakota) ...... 4584-4588, 5010, 5082, 5190-5200
kelcher, J h (D m ocr at of Montan a) .............................................................. 4077 -407 8,
4092-4093, 4658, 4963, 5477-5481, 5485
MoranRober (emocrat of North Carolina) ............................. 4622-4623, 5286-5303
Mqyi~nia ,D ne Patrick (Democrat of New York) .............................................. 4076,
47-4085, 4088-4093, 4094-4096,14181-4182, 4338-4348, 4350-43529,
436, 5124-5129, 5131, 5134
Muke Ed un S. (Democrat of Maine) ............................ .. .................. 4154-4155
Nu n am (D morat of Georgia) .......................................................... 4338, 5129-5130, 5504
Bob- (Republican of Oregon) ...................................................................... 5505
.% Clib re. (D mocrat of Rhode Island) ....................................................... 4498-4499
Pe eY Chare H (Republican of Illinois) .................................................................. 3929,
394-3943 4630-4632, 5236-5237, 5285-5286, 5306-5318, 5481-5482
Pro mir, illam (Democrat of Wisconsin) ............................................ :..... 3984, 4282
'Riegle, onal W .,Jr. (Democrat of Michigein) ....................................................... 4736
Jlot, WiliamV, r. (Republican of Delaware) ............................................... 5381, 5387
S ra ePau .(Democrat of Maryland) ............ #..................... 4........ 3979-3984,
141, '4020-4025, 4049, 4053-4058, 4064, 4071-4072, 4074, 4077-4078,
409-4098, 4106-4111, 4117-4128, 4132-4135, 4139-4146, 4178-4180,
425-4259, 4263, 4268-4274, 4312, 4317-4329, 4348-4350, 4377-4378,
441-4432, 4449, 4498, 4503-4504, 4515, 4548-4549, 4557-4560,
45634565, 4567-4568, 4572, 4583, 4591-4598, 4600, 4632-4638, 4643,
4624654, 4724, 4728, 4733-4736, 4791-4794, 4828, 4842, 4846-4847,
486, 4858-4859, 4873-4877, 4893-4894, 4901, 4923-4925, 4939-4947,
4Q5, 4965, 4972, 4984, 5005-5010, 5014-5020, 5031-5040, 5042,
505-5055, 5059"5063, 5146-5148, 5177, 5306, 5319-5322, 5324,
532-5330, 5333-5334, 53-44-,5346, 5347-5348, 5353-5357, 5359-53619
586-5368, 5370-5371, 5374, 5376-5379, 5403-5408, 5416-5419, 5421,
543, 5439-5440, 5467, 5476, 5481-5482, 5484-5485, 5494-5495,
551-5502, 5504, 5508-5509, 5515-5516
Sch itt Hario H. (Re~publican of New Mexico) ......................................... 4229-4232,
5134-5139, 5141-5146, 5463-5464, 5512-5513, 5515
S ot, illia L.( e publican of Virginia) ......................... v.............. o................ 4014-4015,
407-4071, 4155-4156, 4171-4173, 4459-4464, 4890-4894Y 5064),
508-5093, 5449, 5520-5521
;prmn, JonDmocrat of Alabama) .................. 3933, 3935-3937, 4836, 5539-5543
StafordRobrtT (Republican of Vermont) ..................................................... 4498, 5139
Sten isJohn C.( emocrat of Mississippi) ......................................................... 4157-4158
StevensTe (R p blican of Alaska).............................................................................. 4063,
47, 4087-4092, 4147, 4180, 4497, 4573, 4599, 4611, 4737, 4827-4828,
487, 4944, 4949, 4964, 4983, 5019, 50,42-5048, 5050, 5055-5059,
501-5063, 5082, 5147, 5176-5177, 5439, 5464-5466, 5505, 5574-5575
'Rihar (De ocrat of Florida) ................................... 125 18519,52 54
Tumnd, to (Republican of South Carolina) ............i................. 4043-4044,
407-4074, 408774088, 4145-4146, 4164-4165, 416, 478 4413-4416,
436, 4441-4443, 4597-4598, 4605, 4904, 4948, 5064-5070, 5073-5081,
59,5409-5418, 5440, 5504, 5592
T~er Jon (epulican of Texas) .............................. 4981-4982,,5497-5499, 5520-5521
..op M lom(epublican of Wyoming) ........................... ......... -05-4062,
4064-4070, 4078, 4094-4096, 5049-5W50, 5058-5M6























































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77 7




I











*" [FrMe the Congreenional RHecord--Senate, Mar.' 17, 1978]

o TE MNAM CANAL TREATY
'T'he Senate continued with the consideration of the Panama



ATIN O PRORTREZATIESAND ESTABISMENT OF A NEW RELATIONSHIP
OU its entyi t force, this Treaty terminates and supersedes:
lsthmiani Canal Convention between, the United States of America and the
cof Panama, signed at Washington, November 18, 1903;
(b) The Treaty of Friendship and Cooperation -signed at Washington,. March 2,
1936, aid' the Treaty of Mutual Understanding and Cooperation and the related
Memorandum of Understandings- Reached, signed at Panama, January 25, 1955,
bt 4 'the United States of America and the Republic of Panama;
it Roter treaties, conventions, agreements and exchanges of notes between the
Sbpt WtWs of America -anpd:: th Repubbli of. Panama, concernming the Panama
k~i~wAwere in force prior to the entry into force of this Treaty; and
_94ions concerning the Panama Canal whi'ch appea in other treaties,
L ~ agreements and exchanges of notes 'between 'the United States of
Aikeried an he Repuli of Panama which were in force prior to the entry into
oacordance: with the. termns of this Treaty -and related agreements, the
o Pnmn, s eritora sovereign, -grants to the United States of Amer-
P the duration of this Treaty, the rights necessary to regulate the transit of
through the Panama Canal, and to inanage, operate, maintain, imlirove,
and, defena the Canal. The Republic of Panama guarantees to the United
'Of Ameiatepaeu s of the land and water areas which it has been
the rights touefrsc purposes pursuant to this Treaty. and related
3. Republic of Painafia shall. ptdrticipate increasingly in'the management and
potodaton and-defense of the Canal, as prvddin this, Treaty.
rie* of the special relationship etbihdytisTeaty, the United States
prica and the Republic of Panm shall coprate to assure the uninterrupted
or ntoperation of. the Panama Cnl
PnESjwNG OFvicER. Are there amendments to article I?
ItoB*RT C,. OYRD. -Madam Prsdnt, will, the Chair recognize

PRESWNNG-:PFIGER. ThLe Senatorftomn West Virginia.
ROBRT C. BYRD..Ihd rmi1 the. distinguished Senator
Alabama, that Wohng'would, occur until 'he entered, the

qezr u AW The Senator is here..
W RoiAGkT C.Briw., I wanted recognition to keep, MY, -Commit-
isoo the, Senator is here now. The Senator and I are both -here.
Mr. Am"LE. I thank the Senator
Les the Senator desire recognition?
Roupiar Q, Bra No. I only wanted, recognition nodrta
10gh44,k a, l4tle, time until the Senator came into the Chamber.
Mr.Ataw.I thank the Senator.
Mali lawa parliamkentairy inVU I.y




3916
Mr.AL~K. ada




Whole.

OMICI
Mr L~N Itan heCai.Thtwol ma
ly e illstrt onidein th Pnam Cna
migh say man peole te, cuntr
Mr. ery ell We 0*4MOIm
The ~awm OnqjcLI
Mr. L~xK I tank heC
Madm ireidnt4 a w, i 14i
it: d~tbe wll o ake toc af-*f b~wiw
tQ. he w6 reifi""tht hqe'U, k ftA t
of Unied Si4
4m, -
a ni n: vemrnmentiu
dipoa o hePnaaCaaLte rnd f h
ch ake 'he 6h of IZ__t
appovl o te o-clld re t-i
for he df On
enfip oftheCana O~rAII
Yeteda tieSnaeWih *vbellqmI,
-Treat
Neuralty -h4the/
Netalt Tety ha" *t g-a"~ tid'I_0
trliyTrty t rm~m h %ft qn,





8917
qugpnof whether or not we, are going. to gv h aa wy
we worry about defending it In the yihr 2000.
t4d out that it the Panama Canal Treaty were beig consid-
904first, and that treaty was approyed by the Senate., there would
l.Jy five, .pix, or sevg amendments tofered to-the Neutral-
bqt thaf fiL the An,alysi%, having already agreed on
C'dha ty--this had been the case--there would
haigre ben a. 1Wd nigh U 1anious vote for the Neutrality
.... oi b 'to t6he defense of th aal.' 1%6 chif objection
`W46re oh the, Senate'*flooi ha not been 16 the uitmt
6fthe' Neigrality Treaty, if the deci sion -is first miade to
hd ca&dY way, buf:tb tostrengthiening amendments that *ere
to be added to the treaty by Members of the Senate giving
git6toc6nthine to ma'dintafin tri' :nthe Panamia Canal Zone
9 r ncesay orthe d4fense hecanal.
no leaeri atd to leave, the provisions, of" the treaty
Ak ihey "were kequtking 'full `wihdradral' of -our troops., the
at f ll6f our'bhses,, by the yeaf. 2000.,
idfdoutIe th&. Ibdership, both privately and on the floor,
M4n si'route they weft: goin *ould'take::more tiethan
the route of considerinig the basic question fir~st. 1I suggested a
'of a weeki the' ultimate timing of action on both
bjut, t4f thgaL if, thev-Panama Canal Treaty had first
appefedianan Seators who: felt on yesterday that it was
lo "ppose the Neutrality Treaty, 'because it was and is
pperel of the PanawaCnlTrtywod have been glad
voted for a strong defense treaty.. If. the Iother treaty had
adhed upon fRst, -I daremay. the defense: treaty, the Neutrality
cotfld hve been acted, upon in not-over 2 or 3 days.
they~Iid the had t:cton. the:Neutralit Treaty first
ome 'of us cantiot voth for the Panama Canal Treaty
ire ,have a Ndutraliy Treaty first.
of~optqthey,.;knw, that -the, some provision is in the
'I a Treaty, as,'Is in the Neutrality Treaty,:,that each one
r inW'e effect simultaneously, with the other., no matter which is
ed frst Furhelore, the leadership amendmet was Co-
rod, AY, some 7(8 or ,80 Senators, so there was no doubt but
le:RNmtrality Treaty would be approved -and, furthermore,
14 ot o itpeffec vhthout, the other0
useof th choc of the leadershiip we now have the basic
.teporeyof giving, UP the Panama Canal, still unde-
tal 94 auchandeided, I might add.
IUe adm Prpsident, that that was part of the strategy of
$'yareXg wise and very astute; they are great
out 6epiisors following theid recommendaiiions,
aqp Ab ie Senated Ihave to take th back: On one
tp yepi 41 4;O,a,M PT an edetIoffered.
ca4q 5A at"r won ay
rzewrpng treaty





3918-
of th dif~sei given us under the Neutraity lka
onl rea queto indspt Shall -we give the canalaa
That stiR remahins to bead upon. .. ..
Madam President th mai thought I. *wi to gt. acr~is&
only to the lBBea~desip and teMembers of the: Senate but to-
people of the Nation, is tht hi fight is- just the beg~inning;
momentum has been built upthat it ongt move like a
roller to the approval of the,,Pnama Canal Treaty. If there in
thought. of a buildup of momntsum, lit me disabuse the
those who feel that that is tecase. No momentum has uilt. m
because we have not even sarte considering .the basic and ftW
mental issue.
Madam President, it is rathr strange .that ail of this effert
have gone through with respect to these treaties, in3cluditilA
approval by the Senate.o te Neutrality Treaty, the ''
treaty, will have beens at -id ariddheld for inaught unlewp
Panama Canal Treaty is agree to.-What, good would the
ity Treaty be if the canal says the property- of thea. United.tig
or, to word it more accuatl, if the .1903:treaty reuiman In
force and effect?
Madam President, we have sta to that I would 'say i's sme
what analogous to two baseball teams, 61=11 I say, -playing *we,
games, the first game being an exhibition game, not part of the
regular season play of that lege; then the next ame being pqas
of the regularly scheduled sawn between the two teams. The only
game the outconth of -whi ch wold be considered in the averages, of
the season would not be th exhibition game, which counts fcw
nothing 'in the stnigof the team. The only game, that would
have any sadiin in the leaue averages would be: the regulat
season game. So, carrying tha analog&' one step farther, what vwe
have done thus far is somethin of a preliminary action, an exhhibi.
tion game, a straw vote, as i ere--a very high level strw7 vo
might say, a vote of 68 to 32 That is the way the Senate voted- on'
the Neutrality Treaty; but uinlss the Panama Canal Treaty.4A
approved 'by a two-thirds majoity in the Senate, this action take
on yesterday will be in lefec viiated, held for naught,...
If we had gone the other rote and considered. it first,. as I Whadt
stated, I would feel we woud hve had a well-nigh unanimo RS vote #
for the Neutrality Treaty. Sothe battle has yet to be -won, TitO
battle lies ahead.
The basic and fundamenta issue, the transfer of the canal--
some Senators object to the use of the words "'giveaway of,"ha
canal," so I am going to try,.a often as I can, to refer to this as, the
transfer of the canal, since i:isnot pleasing to some Senators, to
say .the giveaway of the canal Bat the basic and fnaetal jiftid@
before the Senate ishall tecanal be transferred to Panama
shall conditions be set up tha would change. this nonprofit 06pe@
ation by the United States of th'anal into`a profitmaking ooped*
ation which the United State carries on for 22 years fort Phnomn*
and, thereafter, Panama woul carry on for itself, and is the







upwwes have, been ivnby. the President himself, by the
ja is irsid chtthaat pamenits to Panama are going to
Stof ,aam Cav ol.SqItik want to write that-
y jawso diat 4tatemeut. haW,been- made'lhere on ti lo
o ie agan So I think, i the'interest of the American
and ip the. Intees of hA axpayers 0f the United States, we
oig to Want, to, wriite that: into. the, treaty-not merely add it
PaIP# An some reservation,
the way, these reservations-Ihv o itndt h ai
othm' morning; I, have .not, read #he ,morning .paper, as a
rof t&t. I heard other Sena'tors saythsorighaMr
1 ayiag he does not muckhlike these reservations., I say to
$ 4 enatrfo North Caro'lina. (Mr. Helms), who i
.at tenivqly here, that I consider that an act. I do. not
ehas an, doubt at 'all that he is" g'oing. to. accept these
tion and be overjoyed at doing so. I have said here on the
beli evwudaqp 100 a4mendmenits.' This~ is: the
$Onotr ftrom- Ala ama,, 40 am otating ,bis as a.
a wouklaccept t 10a ndeteto this treaty,to e
1 pilio~a gg sart rolling" idwn nPaaato bolpe
teralreire, =q ay totedistfinguished Senator from
Rzus. WJill the Senato~r iild
-Yes I y xeld.,
aNtnyis the dictator. Trrijea acting, I would'say
p *, nmb r Anjth Senate =nd thers dowutown. who would
at~last fqr aAcey wr Isay to the Senator from
F Mpm, Asth Sqaator from Alabama Yield?
to, I lbnsmywl be correct in
paial f lowcici by, General, Torrijos. However, a
tAt isturbstis Sen*to very uch relates to an ex-
WOOip A ie'last'48 hours, of telephone calls and an ex-
j*OeTT*gletter bptween the President and General Torrijos relat-
89rptonst~t wrebeig onsidred inthe Senate. I
by g themornqWg pape nt from any informa-
rovd;A-by* the Wite ,Hus46i-that A. letter was received. at
14 ,Wf mT fp yepstprday from General Tprri'jos, "Iaenl in A
toalet~ter andl by Peident Carter- to General Torrijos on
.a 'tlit #14aq r pertaidirectly t6 the Iate
disusson ,in the Senate.' ietefct that tlhis Senator,
d & ebate onA yeqtdayj wing a CBS reporA by Phil
agle i Apsthp We House to provide usy a po a
can -and4 the Jeoter' sept yrei
n w 'Pl 'to t 46Geat.
&t eeeta r pe ffA, i-d
to~~~~' I i k thde o
deo Res h






3920
1 find it rather disturbing that the'exchange 'of letters ibetwebaf
the two heads of Government was not made available to the SeA&We
yesterday before the vote. I do not knCow reilywhat was in, to
letters. In the news reports this morning. I find&Atrng indicatiowp
that the President apparently was seeking to assure the Pananisf
nians that the reservations and amendlmetts beiig adopte in -tt
Senate are meaningless and will not change the treaty. *
Mr. ALLEN. Is the Senator talking about the amendments to the
resolution of ratification?
Mr. Gaumm. And certain reservations, particularly the one of-'
fered by Senator DeConcii
Mr- Au"s. In other words, agreeing to something here that he'
iiiii'iiiii

iiii iii~iiiii !
siiiiiiiiiiiiiiii
wias assuring Torrigos did not mean anything, is that right?
Mr. Gawms. Obviously, until we see the letters, it is9 diffedtto
say what is in them.
Mr. ALLEN. Yes.
ii Mr. GR N. iiIiut there is every reason to be concrneii

while Senators were bein assured, on the' one hand, that b
amendments were meaningul in, order to get theiir v06te.' t~
were assurances being given to the Panamanians or Gene~ral tdki-
jos- that the same amendments would not change anything-.
iiii,,,,,
; iisj;rriii iiiiiiiri sri



iriiiiin i i' !,
iii Mr. A That is a very interesting circumstance.i
Mr. GRHNw. I should like to see the letters.
I also learned by reading the papers that the exchange of aerre-
spondence I am referring to was read over the radio in Pahania on
yesterday. In othe-r words, the letters are not a secret down' ih
Panama, but they are a secret in the U.S. Senate. la that not q
interesting situation?
Mr. ALLEN. Yes; I might say to the distinguished Senator frtmn
Michigan (Mr. Grifffin) that that is the pattern" that they it `0nt
ly have had down in Panama. The -,Senator will recall Ithat when
the President and the dictator entered into this so-called memoratt-,,.
dum, as quickly as, Torrijos got back to Panama he put an entirel)
different interpretation on what the memorandum ient fromi
what our people. up here were saying it meant. That- very same
interpretaton was carried forward into the leadership amendment,
because the leadership amendment was in tact- the meanoranduM
between the President and the dictator. 7l
-So just following the same pattern, if *hatt the dist.Iingt~hed
Senator says is correct about it being broadcast down in P3hanana
do I understand him to say that the President's letter wag broa
cast over the Panamanian radio?
Mr. GRDNw. That is my understanding from reading. theV v~ari
press reports this morning: The letter of President Carter to Gener
iiiiii














al Torrijos. on Wednesday, and a responsefrom General Torrios to
the President, which was -deliverdd to the White House before,
yesterday's vote, were both read on the Paniamanian radio yester-
day. Apparently-and I wish to emphasize that 1. do not know the
contents of the letter yet-apparently the purposie was to assur
the Panaman people that the amendmuents, and reservations
being adopted in the Senate after ben accepted" by :the Presi-
iiiiii ........
Iiitwiiii
iiiiiii!rr s





3921
A~yN. ndtheSenteis the last to know about what is
Onrealy
10i,11.: We weroe.
Betwee them
nm.We are entitled to know what was in the ecag
nidence, which was not provided to us or to the Amneiri
.Did the Senator rqetit of theWieHue
.Well, I did not know, of course, at the time I did not
re was .a letter from General Torrijos to President Carter.
the Senate should be advised m' a report Provided to the
#ojperning the communications in recent days between, the
aind General Torrijos.
aware, because of a report by CBS yesterday morning, that
Jhe President had talkied, personally with General
on the telephone about these matters of concern involving
'reervtinand also that there was a: letter from
to General Torrijos.
H~trdespite the public request to the President and to the
ose, Too provide &ht information to. the Senate it has not
*,Ardhcming. In adiothe situation, is compounded by the
tAskw that later in the day, but before the vote, there was a litter,
to press reportsi fr-om General Torrijos to the President. I
rhtletter woul aebe very important information for
teto, have had on yesterday.
4e[Z A Yes.
s ad~nw, Would not the Senator agree?
.AP~ng I would certainly agree-
4- oon as some of the leadership. people come in-I rather
asgiez posblt ey a .e lsening to the. proceedings over the
radie or over the various squawk boxres that we have or. somne
,have. I do not have one myself.,. They are probably listen-
q '..shuld a that I feel w hat the d-tnuihdSenator
30)1ga felthAt wouli be aprpitnot only to have
so *erI6 the correspondence between. the Preeident and Torri-
asto the amendments under consideration in'the 'Senatead
I say, "`ameandmnents" ~I mean not only amendments to the
,but amendments "to the resolution of ratification. I think
uldrealy aveanimportant bearing on the bona fides of
whole operation. It would seem to ei h eaei en
that the reservation meants something and if and: 1I do say
ifcus I do not know if a different connotation is being-
on these, amendmen'ti inh agsuranceir t Panama. I thiik we
needto kdiow about that.: There is nothing, we can: do about
etiit n-he treaty because the action Ia ardy beenisuh
lereconsidered by the leadership -as a palaetary move, and
'*wat* motion has -been tabled;- but certahiny if that, is" the
thtthey have of, treating ame-mnssyn here in: the
thtit means something, land saying to the .dictator that
Oo not mean anythingo I think it is highly impertant that that
t deftce come k4, and along the same Jime that the:tele-
phoneconversations come in.







With the White House the Senator from A lab"na jS AOR
imagine that they are---or in one of their. victory celbaibiYA
could be brought up at one of those sessions tha sotetu
here. would like to have this same corres ~detibe; and I am
on the ledrhpat this time, over the weekend, to obhenfo i
Senate this information to which the dtnguished Seaio,-tj
i chgan (Mr. Grifffin) has alluded, and I th i n it is very imprtn
t find out under what circumstances and what differingii
tations. of language we were proceeding on yesterday, andte l
weight that We are going to give to mendments offered hee,
Senate under the assurance to us that they mean somethig W-
assurances are being given to the -other'-party that,,wyma
SI am asuigthat that is the thrust of what thi~e, i
Senator is saying.
Mr. Gnwwm. The Senator from Alabama is precisely: wel
And, of course, one could only engage in speculation at tbsW 4
but certil on mst w ondr if 'ta ha beo aY411
able to the Senate yesterday, whether the vote would hae m
the same.
Mr. ALuzw. Well., I think it might be well to put a time onl
a date, but a time for the dispatch of the President's Jt.o
communication or phone call, the- time, of day as well as, h.dt
itself.
Would the Senator Join in the request of the Senator fi~ Aa
bama that those letters and a log of thos phone callsb t
available to the Senate on Monday.?
Mr. GRFMN. Oh. well, I would hope that the White Hou&
Mr. Ausm. or possibly today.
Mtr. GRHMN. This is: the Senate of the United States. W a,6.
coordinate, equal branch of the Government with a responibft
of high order. I would think the President would immedatl
provide those letters to us upon request. I will be surrise n
soked if that is not the case. I do not understand whyti
information was not provided yesterday before the vote.
Mr. ALsm. The itigihdSenator seems to thidk they.,mgx
have sent it up by limousine within the hourpoil.
Mr. GRUMN. I would hope so, if the White House, staff ils,4
ing on the radio down there, as I am sure .they are. Of c~uous. h
may not be quite as interested in the debate this uonng-
Mr. Ausum. Well, they had better start taking. -an interei. 6
cause, as the dsigshdSenator from Mcia n
battle is just now getting started. t
Mr.. GRURnN. Before I forget: I ask naiosconsent thtaf
ious articles which appeared principally in the New York 7ue
and the Washington Post providing the background from wih
am speaking be printed in the Record. .0 :
iiii heiiiiiii ben oojcin h rile wr ree ob rne
==iiiiiiir asfolows






3923
[From the Washingon Post, Mar. 17, 11"8]
PAN.hiiPHin -lsVOW,; $*NAT RZOWavIwoN MAY CAves TaoumA
;s *.. 4. B*Karert DeYoung)
,$%At"CITY.-The Panamanian government yesterday called the U.S. Senate's
XWW1Wionof the Panama Canal neutrality treaty "a historic moment for the
buht warned that it would study carefully a reservation the Senate ap-.
feaction on the treaty.
wrvtionauthorizes the use of U.S. military force in Panama, and the
rd1said it 4il. deter~mifie if that alters the treaty objectives or violates
ipsovereignty or integrity.
satio address to the country mntsafter the Senate vote, chief treaty
09,secobar Betaucourt said.that Panamanian head of state Gen.
saent a letter to President Carter yesterday outlining possible prob-
WOWSthe Trno letter said, '*ill 'find 'nacptable any reservation that
tlp tk napa dignity, that c~hanges te objectives ofthtraor i
exercse o Panaa e overinty over allofistrtryo
Wy V .oenrW; M Dgeceib~era319, 109.9.":
ww~rnentspoksmansaid the letter referred primarily to the reservation
aw Danaie De~oncini(D-Aris.) and approved by a 75-23 vote preceding
on qpproval.
itor iiutho~rise bothi Panspma and the United States independently to
forc Panamanian territory should the canal be closed or its oper-
wit, -even after theA1M9 withdrawal date.
10pg bjected, to atny provision of the .neutrality treaty that would
is resence here without Panamanian prmussion.
P was beliee to be greatly angered by the prpsdreservation. It puts
NNO thg position -of explaining to the Panaaian people a possible
iW_ W71-. imaio)n of Panlamia shouild canal operations be interfered with-
prgusd'them, wudnot occur..
Tad'orri'o had received a letter Wednesday and a telephone call.
Y_"4 aftrnoon firon President Carter explaining the additional'provision and
VA bai explanattion o~f the reservation, including a full reading of the
Cqrter-Tortbjos'letbers, a apparently an attempt tohead off anticipat-
mn' ere of the DeConcini posonand circumvent the need for an addi-
referendum, to approve it,
ple~ingthat the issue would be carefully studied, Escobar said that, in
0 goverunent consiidered the reservation "allowable" since it did not
'nee or conitent" of the treaty itself.
yhesadthe'reservation did not. affect the scheduled 1999 closingi of
Md complete withdrawal of 'U.S. troops stationed here.
V sent the day coseted with his Cabinet in the downtown house of a
trsd converign the scene after the Senate vote twere told -that
4nohing to ayi addition'to- theEcbrttmnt
ic e ; icipated large-scale'a'nti-tr'eaty demonstraitions did -not occur, a small.
ofgiversity of Panamai law students para~d'don the campus with banner
'No to -the Right'of 'Yankee Intervention in- rwanam." Studentsl sad the.
-o more tihAn -wa's lo. 'becas the umivers-Ity is'currently in sprnin
amfdr b grbiup of Piainmanian'iattorneys who have been. outspoken
Rapts said thoy would meet to compose a protest statement.:
fapprova4'o the D oniireservation] was an, elegant viay fr th
f ject 0tp, iety," he Wntd. The Attorneys maintain, and the spoinn
&enatcs arie aware, -that the additional -rovision willl require another
'on the treatio4here.-,
dum, re uired by Panamaian law, was held here last October hud
that 66 *percent of the, poulation appro~ved ihkr trehtimThe lawyors said
#te0`-- di i "4wordintg of the Iref renium question did 'not ikaj anything abbtit chinges
"ygations,", and thus qeW provpisins rejquie new *Ote.
tiA'.,-onrftdCara onmot gored tefnSeahdebate iintil the






3924
While the predominantly antitreaty Zonians took the new of passage of h r et
in relative silence, the radio perhaps expressed the sentiment of some.
A country music broadcast following the end of the debate and votebea ka
mournful song entitled "You can take this job and shove it, I ain't workn her.n


PFrom the New York Tnee, Mar. 17, 1978]
PAwAMAUsxxw RzawerAwrt~r INMCATZ Tmff Accxwr PACr' R==av
(By Alan Riding)
PANMMt CMr, March 16.-With evident reluctance., the Panamanidn Goermu
indicated tonight that it would accept the lastminute reservations attache Wh
new Panama Canal neutrality treaty before it was ratified by the! Unite
In anatin-wide radio broadcast imediately after the Senater vote, Pnm'
chief treat y negotiator, Romulo Escobar Betancourt, said that "the I
objectives sought by Panama in the treaty have not been- affeted by the om
tions."
He said that Panama's chief of government, Brig. Gen. Oumr Torrijoslkoo
ity treaty this week be carefully studied by officials here before a formal resowi
made to the United States.
But Dr. Escobar added: "In principle, we consider that these reservaiot
digestible since they do not touch the foundations, essence or content of tbenurl
ity treaty, above all such basic provisions as the [United States] military wtda wa
by Dec. 31, 1999."
Diplomatic sources nevertheless indicated that General Torrijos and the az
ninnegotiating teaft were particularly distressed by the reservation adotdb
the Senate today granting the United States the right to send troops into anm
after the year 2000 if the canal were closed even by a strike.
sWRoa OF PROrES EXPECTED

a new PanaaniL plebiscite, General Torrijos has apparently decided to tr ord
out the storm of protest that is expected to fllow the spelling out of the Aircj
right to intervene here after 2000.,
Leftlist and Nationalist opposition groups that.cmage against Pan
ratiflication of the treaties last October are now expected to begin a Inew fes4
contending that Pa nama has been forced to make too many concessions to Wsig
tion. "At the very least, we should have another plebescite," said a spokesa o
the left-of-enter Independent Lawyers' Movement.
A smal group of leftist students held a brief demonstration Against thbtete
on the university campus here this afternoon, but few you Ing- peop)qatene
because high schools and the university are losed for vacation. When..&O
ro next however, more protests are pland
To fres an angry. reaction by- the PaaainGovernment to resow
tion, th atr Administration has maintained close contact with General 6b
overi the last four days of Senate debate, with a top American treaty negtao
Ambler Moss, Deputy Assistant Secretary of State. for Congressional Itelat
to explain the reservations to. senior officials here.
President Carter also wrote to General Torrijop yeste&da moring a
telephone conversation with him later in the afternoon. In his letter, accodngt
Dr. Escobar, Mr. Carter indicated that "everything possitble to. insurethtii
reservations are in accordance with the general objectives of the treaty"habe
done.
In his response to President Carter, sent last night, General Torrijoa xrse
gratitude for Administration efforts to insure Senate ratification of the treais n
indicated that Panama would study the reservations with great care... I.14
"Our study will be guided by the following. principles,"' he. told Mr. Ca4tr,-'o
Panama, any reservation. will be unacceptable if it affects national. dignitydsot
or changes the objectives of the treaty or is. aimed at Impnedingr the effedtivexm-
of- Paaassvrinyoe l t ertrtehnoe fte. !*,p h
miiitar wihraa...e. 199..






3925
.Ams. MOVx AT 11NTER"ERENO" R8.Ew=D
I" 08rs aJs said that the Panamanian people would not accept "words or
ambiuou phrsesthat imply or mean perpetual occupation or interference in our
#ternal affirdisguised as neutrality."p
jii~ij rseration adopitedl by the Senate this morning had the effect of damp.
emw ay imediate celebration over the United States ratification of the neutral.
*,:ftety hatwith the new canal treaty that is still awaiting final American
0;'ja,, holdevengpally replace the 1903 treaty that gave the United States
I over he aal and the Canal Zone "in* erpetuity.op
;i;:Tr1 br ads pdech, Dr*. Esceobar Itod r eporters that todaly's vote was "a
vn"% But General Torrdeos, ensconced with his advisers in a well-guarded
hous ina residential district of Panama City, refused to speak to the press.
-~e by reporters if Panama was angered by the last-minute reservations, Er-
,~ p E ooSoithgeea'spksn, said: "We have never been angry, we have
.as exet jsiefom the United States." Asked if Panama had now
ed e ;d "We hope we will get'it."
U.. I oanase OVE PANxAmxxA REAcRiON
W~sNGToN, March 16.-The Carter Administration was concerned tonight
wt,aaaanian acceptance -of the amendments and reservations to the Neutral-
16 *fculf, Ahdminitration offeials feared the reaction of General Torrijos to
*A~ri&Ato oposed by Senator Dennis De~oncini, Democrat of Arizona, that
lv~ffw wul give the United.5tates the right to send troops to Panamna to reopen
caa r restore operationif on the waterway, if such actions should ever be

Mr.~ p ;Riq.Will the Senator yield me. 30 seconds more?
Mr Girt have a little bit of additional information to add
d6 ot aveavaRlbl the complete letter from General Torrijos
Preidet Cartr which was delivered on yesterday, but there is
,Aow ~ aalbe from. an authoritative source the fact that the letter
'fro Geeral Torrijos to President Carter included this sentence:
-nyu le1tr and your conversaktign-
I Adtat reers to the telephone conversation-
cInfrmd me the Senate: will introduce some reservations, but that they do not
,altro lessen the contents of what was agreed to in the Neutrality Treaty or in our
stteent of October 14, 1977.
M.AusN. Very interesting.
M.GiuenW. Yes. I hope the letters will be provided so we can
14* exatly what it was President Carter wrote to General Torrijos.
Ofcourse, it would be even more interesting if we could have a
--ipt* of the telephone conversation as well-all of which was
4 tnent and important information and should have been availa-
Ibl, Wthe U.S. Senate as we were proceeding yesterday to a vote on
A& teatyi
I'efact that a public request had been made for the information
to~ hat it yvas not provided -is very distutbing to this Senator.
.AMr.ALME. I feel the information will be made. available. I have
,ta much confidence inL the administration and'the openness of
#,,W' dinistration. But: I feel sure that will be forthcoming..
(Acolloquy concerning emergency: farm legislation. which oc-
cure at thfs point is printed .earlier. in. today's RECORih by unani-
mosconsent.)





MYfren ron ~b"VW1Uemf
,nt ee nfrn, (swbh
h e rd o h o 'i b ` t t ,X P
Mn A~w,It V "Pal hw
otherf~r.- J 0t* 4
M r ~ x .I & t h ~ ,- h ,t j AT *
,.ayIws ~isd teVl
Mian hae epresod~ncen~bt,4
nometonws ae'oe'Af jfti
mus ayI hik te ente1- enit64tothf*16t~k",1
Mr.A~kx IthA h_ *
Mr.B~-iji~d "_*
fo istnctht e av ~acetIi
tin o tes retis Tati uprcftte.
1II
adinsrain a' vf~Afidd .
trate i avnc o hevoeo'
"g~ a te ehahi foi-A~t~t'- ~lWi
reuetv mdebyth, 11iii
others o
-r.Thumond an
Sttead nisedtat,,Ne ae #

4-A
leisato popse & heetr~te--Wbti
thatwas.done




ths isus |hn hs et f-6





3927
Aohich would. indbmde a, vote on the resolution of ratification
OL reasonablevlength of time?.
Qomnt .BTRD. But that it would be after the Easter
ePermod before we could reach: such an agreement?.
Atlw. es. 1I ould like to suggyest- that is not unfair. The
mnajority: leader asared scheduled, two bills
6e & Burs each on them',` starting on'Tuesday, itleave
f.Thb might well ta-ke -.the entire remaining period that
e rir to the recess. I would hope the distinguished major-
1 wottif ist think it was unreasonable to allow us to get
oiir' recess, assess the situationi, debate the matter-for
2'oc8 ays 'and thew sit down an& seek to come to a
bl#agrmet jofn a, time ertalin to vote. We did work that
ffeNbutality Treat ` I a= confident. we anditagain.
SC. 8ran. I appreciate what the Senator has said. I do
what fe 'means when he says that the considera-
14i.bill, would be continuingto the beginning of the
-L I e r' i o d I
t As ooilets it might. I .thought both bills had 6
1eavo to amend.
6xiC. BYRD. it has been reduced -to 4 hours'each, with
etsading that any motions, appeals, and so on, would
tf-thoge 4 hours.
That "would take 1 fuill dy hn
-irC. BYRD. I1 would tak~e 1 full day.
fmis"Iunderso~a the timie,4
T C'.' IrYEp. I h~dpe'that the.Senate will be'-able to enter
ent before the nolgsaiepro or the obsery-
r hh Would lay down a definite date at some point
hotnonegilatvep~eriod when. the Senate could. reach a
on heresolutioni of .ratification for the Panama
My, thoughV w'sif we could agr~ee to a date dulrin
f 'TO, thy wuldalow us 5 days before the nonle-
ve ~and it Would allojv us. up toi 10 days, nioticlig
"nd we. cold utilizhatrdays,, f ollowing the no.lgsa
'od, I woldmake. a total f something like,e5dy hc
seem to me to be adequate in view of the fact that, we
I bae ben ebaingthis treaty into the 23Q1 ayWhile. the
,,WM 001onidering the Noutrality. Treaty, i# was lodetig,
naaCanal Treaty.:
@ppidstngisedSenator:fo lbm has SO corrct
p rat of thtemse are one package. and the deba te a been
&*Vpently faru reachi:ng. There has been po attempt to con-
hi~~ Ah deate on the Neutrality, Treaty. .I9
witrh the treatitts haviAg bendebteW for, 22-ly-ao
4,do pt think- Wtis'unseaona b~le forethke mjorisy leader
o'eprssthe hope that before next Thrdyeeiga-he loe
ani ',ev hen we -begin,4the nolgsaiepeiod which was
k: previoqsyananuce to run frM tho dese f boat-
wirharaday23 Mrk8niMM1 Monday, iApril 8--hAt nonlegifs-
lbtw tbui bamena aid o fatSntrerrte could schedule






3928
which would assure the Senate that it -would dispose, onoi, yt
the other, up or down, of this Panama Canal Treaty. ,Bj
I think we should have every reason to hope, thht after, 5 doyON
beginingtoday,, and concluding those 5 dys next Thu~rsdaytthi&
then taking the first 5 days when we return, and the seecond 5A-
into the week of April 10, there would be.3 weeks of debate o
treaty. It seems. that would be a very reasonable suggestion.J.
the distinguished Senator from Alabama will give this his
ation over the weekend. .We might arrive at an agreement onea.
next week. ,
Mr. AmmE. I-appreciate the courtesy and gryiusness o
distinguished majority leader. CertainlyJ ICan=fn nofaultt
what he has suggestedL I believe we could reach prettym
same end result if we did wait until after the recess. I am
not trying to prolong the debate. 1 .do not know what it ]is
encompass before we get into it. That is the reason I woult
debate it for the rest -of this Yieek, or until the. reces, a
take an assessment of the situation soon after we: co ne,
I point out that no dilatory tactics have been. '.use .d with
to the first treaty. Senators were ready and,,- as. a matter of
standing in line most of the time in, order to spak There,_!wreq p,
quorum calls of any large number which were requested.
Mr. ROBERTC. BYRD. Mr. President, may we have order in't
Senate?
The PRESMlNG, OracER. The Senator will suspend. Will~od
wishing to carry on conversations pleaise retire to the e
Mr. ALaEN. I will say that, fewer than 10 quorum callU have
called for during this debate. The Senator from, AAlabatna did' 'not
make a single request for a quorum cffll until the last day of hle
debate,, at a time when he felt a quorumi call was app"ornh
Iassure the dsigshdmajority le~ader hrisgigt i
effort to use dilatory tactics. There will be no flibuster byanq
ment. Only legitimate amendments will bIe offered. TherW wM,'*ik
an effort made, however, to protect the biterests of the, Thifqd
States and to protect the interests of tffhe it.aer of thie UnitIA
States. I know the ditnuse aoiyleader" wantstoad-
plish the same end reslt Ithnkinti e wecan w .ork out a-,.,Idro
fair and reasonable agreement. It might not take the length o
time the Senator suggests.
Mr. ROBERTC. BYRD. Mr. President, what the Senator says I i-
courages, me. I hope that it will be possible, after the nonlegislatiM`
day period, to reach an agreement which would bring about a fin"l
vote earlier than the date which was included in my suggestion.
However, I think that, unless we, are able to reach an agreenment
before the evening of next Thursday.-and 1 do not rule. that out;
hope the distinguished Senator from Alabama wMigive rhr
thought to it over the weekend and during next wek, andtl
with others. who are on his side in fhis matter.: I hope that we cotuld
still reach an agreement.
Mr. AiEN. I hope the. Senator will not proceed fiarther than
that, because if the Senator is getting read to say ;h6t I fear he is
getting ready to say, I do not: believe that mould be cotiducive to





3929
Mr. BAKER. Mr. President,, will the Senator yield for just a
RonnT C. BYRD. Will the Senator allow me to regain my

tnk tat this is about the first time that I can recall that I
Ippen eft completely disarmed, speechless, and helpless. He
tes w-hat I am going to say 'and cut me .off at the pass.
1,shall not proceed to say.whKat I was about to say. In good
Smay I say that I have been encouraged by what the Sena-
Alabama has said.
y Ij4s close on this St. Patrick's Day by'saying that if we can
agreeentwe will not get to that sad state of affairs to
'.ithe poet alluded when he said:
vep aowa twocats from Kilkenny.
O-AbasqMtheiv wow one -cat: too ma6y.
aUerfeled and they Ait
arathed avd hey bit;:
tbvtips o' their tails,.
:7fe cats, there werew'tany.
that the two si`&s will not proceed to the point that there
left but their nails and the tips of their tails.
I aer'Will the Senator yield?
Y66, I am going to yield the floor in just a moment. I
le~hted to, yield at this time to the distinguished Senator
.May I have the attention of the distinguished major-
or4xIf the Senator will excuse me, I shall yield the floor.
ROBER C. HUMD Will the Senator yield to me for just a
Au".,Yes, I yield to the distinguished majority leader.
k04UMTC. BYRD. Mr. Presi dent, I have in my hands a letter
*hrch 17, 1978; which is this date, addressed to me by
I. Beanne, Jr., Assistant Secretary for Congressional Rela-
&W, biW-Ich i644 a folowis:
DEPARTANDN OF STATE,
Washington, A C., March 17, 1978.

6m~im aW: You may wish to share with the Senate the- exchange or
between -Presideat:Carter and General Torriooe which occurred VA
AZO*-ft-with the Senate s vote oa Ohe Neutralit Treaty. CpDpies of both, letter
best wishes,

. Asistant ecretary ArCo
Preplet, shllmake arranjements to bnee that all Sena-
cpies- of these ltesIakuainusconsent that they
in the Record.
Ammc. The, cover letterI is dteld today. Wouh1the Senator
sayinog the date of the, letters tlsd








Mr. AREN. I see. t
The PREIDINGOFFIER. Did the Aeao fo Albma objedal
the unanimous-cnsent request? Z.7s,
Mr. AMXEN. No; I have no objection. ., a
There being no objection, the letters were ordered t egaij
in the Record, as follows:toW
1MAnce 15, 118a
MY DEhLa GENERAL: As you know, the Senate it o approaching the, end i#
debate on the Neutrality Treat. Although weexetm th a&a oetob l w
remain hopeful about th~e result.
We have made good progress since last September when -you and: I shg 44
Treaties. The Senate Foreign Relations Committee endorsed the Treatieg', AU
overwhelming vote- In the Senate debate, wehave fortunately been able to ral
any amendments to the Treaty other than the so- to Articles IV and VI. These incorporate exactly the terms of th~e Sa
Unerstandngy publishednumber our eevtonvesationdionf Ocobr 14.stnine ,
certain of its concerns. We have made every effort and have been success -ful
in ensuring that these will be consistent with the general pr Ose for
countries as parties to the Treaty. I hope you will examine them inn this *
After approving the Neutrality Treaty, the Senate will moveim datgcA
consider the basic Panama Treaty. While there will be problems, I am hopefal 64ga
the outcome will again be favorable, and that the two Treaties combined will -
for our countries the advantages we had 'envisaged' when we' signed them 6t
September.
I know that the long public discussion of the Treaties in the Unit .ed St"t4ous
involved difficulties for you and your country. it has been a necessary elemen in
informing the American public of the reasons for negotiating the Treaties Athe
benefits they bring -to both parties. We have made notable progress i thfe --
Thus, as matters stand today, we are approaching an important mileabdge. If 04
of us can continue to work Patiently and constructively for the achievement of jper
objectives, I believe we can achieve the outcome we both desire--sound, and ta
ble Treaties in our common interest. *


MAR=, 15, 9.
DEAR PRESIDET CART=R In your kind letter'of this date, as::well as in )lie
conversation which we had this afternoon, you expressed to me, amiong othert
your hope concerning a positive vote in the United States Senate on the eLn
Treaty. I understand and I perceived the great efforts whicih you, as head of a
nation as well. as those of numerus distinguished Senators, have carriled 46di
need for a new relationship between Panama and the United States.
After intense and dlifficult negotiations we signed the resulting TPreaties in Wsh
ington. Subsequently, and on. account of certain confusion, with respiect to I98
articles of the Neutrality Treaty, we proceeded to release a Memorandum,-of Vnin
standiing which, clearly interpretedthe unilateral. capability of each one of- our
countries to protect the'regime of neutrality against threats, attacks, or a clositypVf
the Canal, -priority passage for -wdrships in case of emiergency and iinonteryedo~n
in the internal affairs of Panama as well as. a respect for territorial integrity, WaA
political independence of my country. :R
In this manner we perfected treaties which have received, because of their bal--
ance and eqluity, the' support of~pimactically all the countriep of the world.
In your letter and conversation you informed me that the Senate will introduce
some reservations, but that theDy will not, 41ter nor detract from-thp~content of whatt
was agreed upon in the Neutrality Treaty ad in ou elrto ofOcoe14
1977. In this respect, I wish to informi you that the" Government of Panam~a.WWIl
pro~ceed to study carefully tiese reservations and will take its position once tIN&
Snate has voted on both Treaties The situation is tuws because in the plebisocite
held in Panama the Panamanian people voted for the two Treaties together and not
in separate form.







ow atona dgntywhchaltered or changed the objetie of the or
we*&mced t hndeingthe effective exercise of Paamaniari
W #*tir,, ,t6 raise-1r of the Canal, and military on
iwueyot be chanedb m.n of ndments qFr reserva-
iaconcerning the great mprlt adhnst hc
ci eder and ap a person.
POO w~owdrt accelit word~s, misdplaced commas or ambiguous
JuW go their i'mec die, q which might signify occupation in pae.v
4 as eutralty orintevention in their internal affiairs.
Cftr oth kow. the. difi ties. which we must overcome to
-itftud6 I'ou~tw countkies. But the expressions which you have
in* reeal te int matrths of li man of great integrity. We believethat
I eleted, reciseil. Ao hese qualities. Therefore, with the
-,a hs harctr' our" lations must tell: you, -that we must
4,6iiictonwhich' yoti have must rech t h true anA upright
J 11rt ytir coutry thei, exbists -great proof of this fact by virtue of
ve~~~~~ nee osdrdarogance or threats as norma& standards of coun-
theUnte Sate i is elations with the various sectors of 1t 0w peol
oalercounries. 'For that reason Lincoln,. Frainddin Deano
ki~led hd thergret American Presidents hold a place *in the histor
UnfeidStteaan seveas an 11nspira~tion to other peoples of the wrd
tha no oly ia-ma but the entire world anxiously awaits the
the Sente wll mke tomorrow. The Canal, as an international
isofineret o llhimnanity. For that reason, we see in the Treatips
mmed th pe~of l sluin which guarantees eccess to the Canal on an
ail ia u~rs: anam has made is great sacrifice: to. wait 22 long
re ts eclonzston We have demonstrated maturity and patience.
will otiappoint thie world.
t pexipreMn my hig hest esteeW.
OM",.ToRnios HERRERLA,
Chf # Government of the Republic of Panama.
A u q- as u'stwondering, I, say to the distinguished
he,, i Rete ,ere dated the 15th, it might have
to Seat to have had them up here on
Theymi h ha-influenced a vote.
Adafj C. Ru- it-IPresideixt, that could be said both Ways.
t Wghtare been-
1, o~ iifitwo~uld have made votes for the treaty.
Ron C. ynD.I bg the Senator's pardon.?
I'ob i t- letters Inl av ae oe for: the
..00,ae haveVote
A~r*-,R~wTC.By".I d not, know. I have not read them yet. I
4v,,,t, Wue hemfor- the Senator because of :his intertst.
140011rolds I r -pen, the saddest are these::'l ih
kmw. The migt havek made votes. But I have .not read
'A ayo a~e th t 1hey. printed in: the Record becauise I
ted he Snato to n-N that the leadership wants to coop dert
VW ay, to- et heipormation that 4p and Senator. Griffin

i-Mr ALzN.I aprecatethat. I might Say that it: is further
of te-p~erofthe leadership. because onli? 30 minutes
Miereqesttheleaerip, to furmisit these documents. Now
em pd th ae befre, the Senatkh 1 4
RoB~TC.Byi- M. President, there is a time- for everr
pn~~~er ~ he-,e-atieos uknd a time to kedep silent I





....... .... .. ... ... ..
.. . .
.. ... . . .
.. . . . .. . .
.. . . .. . . . . .. . . . . . . . . . . . . . .... . . . . .. .. . . . . . . .





.. .... .... .... ... .... .... ..
.. ......... .!






3933

Do it.'
Q BMD. Let us do it. All right.
is dted amedatef, March 15, which I believe has
X_ _"Afor ce ture as the ides of March.
ask. Mmano 15, 1978.
WCART=s layu ind lteofthis date, -as well as in the
wihhad, this afternoon, you expressed to. me, among other things,
a Poolitve vote in the -United States Snt nteNurlt
Ian I perceived. the great efforts 'which you, as head of a great
pp ellgothose of numerous distinguished Senators, have carried out to
usness, in the rest of the Senate and in the American public for the
.8 ~relationship between Panama and the United States.
'ind diffieult negotiations we signed the resulting Treaties in Wash-
and -on ,account :of certain confusion with respect to two
fty Treaty, we proceeded to release a Memorandum of Under-
qb dearly interpreted the Unilateral capability .of each one of our
protect the regime of neutrality against threats, attacks, or a closing of
Ipriority passage for warships- in case of emergency and non-intervention
affairs of .Panama as well as a respect for territorial integrity and
J1 64#4ependence 'of my countty.
lexanter we--perfected, treaties which have received, because of their bal-
a1,4 e Ouity, the support of practically all the countries of the world.
letter, and conversation you informed me that the Senate will introduce
,but-that they wil not alter nor detract from the content of what
Isp A: i th *Neutrafty'-Treaty, and in our Declaration of October 14,
k s Would the Seao idraigthat sentence over?

C' Bvn ., I willread it over when I finish. I-may have

.Ithank heSenator..
Mty C. Bran.: I would like to read the rest of the letter.
w&tis e to read- the refit of the letter?
Senator does not mind if I proceed.
AW~ftum did not say, -I minded. 1 made a request of the

AEi. R!,o.9= C. BYRD, I t~hank the distinguished Senator.
`thiFespect, I wish to Infein yo tha I he Goveornment of Panama will- proceed
t*AWA0WWly, thiese reservtions art& will take its position once the, Senate has
V*il**Treaties. The situation is thus, because in the plebiscite held in
the anamnian People-,voted for the two Treaties together and not in
hone&helesg, to- point out: that such a sudy will be based on the
neeptw, For Pan =,aa,;ny. reservation would be unacceptable, which blem-,
*W ioainity, which altered or changed the objectives, of the Trea-ty or
were aiiected at hinder-ing the &ffective exercise of 1Fanamanian sovereignty
(1of it# territory, the transfer of the Canal, and military withdrawal on
C O,199ft For that reason, I received with- great gratitude your words that
%*e, -will absolutely not be. changed by means. of amendments or reserva-
Apffisesmy estimate -concerming-the 'great morality and honesty which
riesou asapolitical leader and as a person.
peop. le would not accept words, misplaced commas or ambiguous
bick ha l*Ias theii- objective, or~which might signify, occupation in perpe-
Mineutral*t or intervention in teir intqrnal affairs.-
Cartor, we both, know the difficultieA which we must overcome to.
now atratude in our two countries. Jiut thte wihyou have
reveal the intimfatb truths -of At sAldibf gfeat Wtzboliet that,
M~ tpeople elected you predwsly for these, qualit e, sfrwt h
S ha,4. C urelati",nsiw ?mus tqtyl) you thpt, we must
t ageclisab raisiit remv0
t eot ocoiion'' ye ivihiust reAbh the true and uapriht
uR kte Inyouedetrj thre id~lgt* pr @of-4 -this: fact: byg-virtue of






3934











iii~iii~i iiiii iiiiisiisiii
men who have never considered arrogance or threats as normal stand 'af am-
duct in the United States in its relations with the various sectorsp
and in its relations with other countries. For that reason Lincoln,
Roosilevelt, Kennedy and other great Amedrican Presidents hold a plac UkIth
of the United States and serve as& an inprto oother peoples of th
It is obvious that not only Panama but the entire world anxiously awais-th
decisiond which the Senate will make tomorrow. The Canal, as an international
publc srvice, is of interest to all humanaity.: For that reason, we see in thW Troaties
which e signed the peaceful solution which guarantees access to the CoAftkf oan.
eqa asis to all its users. Panama has made its great sacrifipc to Va* a' loft:.
year to achieve its decolonization. We have Iefflirte mauiy'a aine
We ar confident that the Senate will not disappoint the world.
Let me take this opportunity to express my highest -esteem.
OMAR Tonastos HwmRREA
Chief of Goverament
iiiiiof the Riof Pa
Now, I will read, at the request of the Senator from Alamiaro
again this sentence in General Torrijoief letter.
iii, ss;i iiiiiii; ii i
TE. i I; s I I r F a ii i iii
some reservations, but that they will not alter nor detract from the content of whtat
was agreed upon in the Neutrality Treaty and in our Dleclarnation of October 14,
iiiii ;


1977.
Mr. ALLN.w. I thank the Senator,
The PRESIDING OFFICER. The Chair recognizes the: Seator from
Alabama.
Mr. ALLEN. Mr. President, I am glad tozreceive themp letter,
which were mentioned first on the floor here by the, dtnguishead-
Senator from Michigan (Mr. Griffin).. I am wondering it them- was a
reply by the President to this letter.ii
Is there a reply to the letter of March 15?
Mr. ROBERT C. BumD Pardon?
Mr. ALLNe. I am wondering if thtere was a reply to. the letter of
March 15 from Torrijos to the President.
Mr. ROBERT C. BYRD. Well, Mr. President, I Will imunadiately
Irr




iiiili~liiiiil iiiiii ii

iii"


dispatch a call to the President of the United States or" to onein-Uhis
aides and inquire.
Mr. ALLN. I thank the distinguished Senator. .
Mr ROBERT C.' BYRD. I will attempt to get the answowr fav he:
Senator as to whether or not there was a reply, to General Tt s
reply to the President's letter.
Mr. ALLEN. I thank the Senator. The sinfcant snec
would seem, is in the dictator's letter to President Carter, starwis
wihthe fourth paragraph of that lettef"of Torrijos toP

In your letter and conversation you infobrmed we that'the Senate wl
some reservations, but, that they will not alter nor detract from the 'eontm*Ove
was agreed uponi the Neutrality Treaty and in our Decilaration Of
1977. . ;v
It looks as if Torrijos got-the impresson that the reser`*iv
though here on the floor we were of the 7opinion thAt theyr did
or detract from the content of what, was agreed -ipo n hathi1W'
trality Treaty and our declaration of October 1-4; 1977.,J
we did not do something, what was the use of qffteing-o m
I am also somewhat puzzled by the identkias dateoaenhO A
wa! onoa h
amwneigiiriTrio , 4





3935
VI mtIt looks. like the letters may have been written on the same
Ithate C BYD.Mr. President, will the Senator yield?
.A~at.Yes.
qdua *- = C. BYRiD., Does the Senator want to go out over the
,47o'v*4of* this country -with this kind of subtle accusation? I do
%. Ve the Senator wahts: to do that.
At .I merely asked.
F4* ask 'he majority leader,: if Mr Torrijos was in town on
Marolt 115. B&th letters 'are dated on that day.
Mr. Aloanr TC.,Brnw. Oh, they are both dated on that day, but we
do npot live in the age of Samuel, F. B. Morse. We live in the age
wlan communications are rather fast. One speaks and in the same
idfli .people hear him halfway Iaround- the world. I hope the
Seootor will not imply that because two letters are dated the same
ftbi, -they may have been -written on the same typewriter, and so
onJ do not. believe the Senator wants to leave that impression.
"jRhac(-,ato fist suggested that the leadership get the letter
thfit. wa's written by the President and the response. Now I have
got thom and I have read them.
Mr., -Aum. Very well. I -appreciate that. I thank the distin-
guitted.xajority. leader.
Mr. RossarTC. -BYiD. I thought it was the Senator's, understand-
irigto begin with that they were of the same date.
..@ad RKMVA^ .:May I1 responid?
viWr:R*MonarC. BYRD.. In further response to the Senator's ques-
Mr. Auw,ww Obviously, they are copies and could well have been
P Merv iu the.: same place.
w~t.Rosa~r C.-waD. 1 I Would hope they would be bona fide.
Mr.- Atxk a.I am, sure..*
.Mr.:SPnaxw. illthe Senator yield?
W-MsRenansC. Brn. May I further respond to say, and I will not
Rmmopgfal rherim In answ er to the question the Senator just asked, I
am informed that there -was -no further communication, no further
10We -writtea in response to General Torrijos' letter.
AssnI. Ithank the Senator.
rROBERT C. BYRD. Which was in reply to the President's.
$PARKMA4,Will the Senator yield to me?
RZsa* C$ BYRD. YeS.
LW,'SARBANES Will the Senator yield to me?
Tbe P'RESIDIN OFFCER. Senator Allen has the floor.
Mr. AuEN, Yes, I yield .to my distinguished senior colleague.
SPARK4 AN. I -understand, preceding the wriiting of- this ex-
of letters they had telephone, conversations.
the Senator tell me if that is right? That is 'my understand-
ztBRT O. Byfn. I do -hot- now.; I dol know we live min a world
f cutries ekchange lettersi by able. That doe's not require
rs alwy to respond to a communication betwee&-these two
I Ust take some umbrage, the'implication that these two- letters




7`1




Mr. ROBERT C. not *A
vW *" Seim*
said a o*ae, ow, 4p*k, qw-A -A 0-
ence to be drawn that therw waslii
sometbinglbat W*4kon"
General TorIVIO@ 4,,"
unrevealed, and that
on yesterday.
Now, I haveseme .109rr-,O
will not imPlY that the$e 11046
Mr... Auxx., J malce,40 Oucival W_'ie*,v I A 4 4
Mr,,SpAxWAAN j think 1 cem_ Upt-
de v##.
Mr. RoB=T C. Byw, All ht
MrSAWMAN- If we, 4ote intIfe,, ml-tP:-111
General Torr 4**Msays;-
Y(* -kind letter,, of, this &Ae, as! woll as ij6 e
aftern
ge qv&, th6, telp )A
So, there m exchtin phk
6=6 date.
Mr. Auxx- Yes.
Mr. S 'pARKm-w. The s6rde ddV9A'-that
Mr. Ajm. I wish the Sel6t0r -1 wOuld
MA I hiave readlhwwUde kt**
Mr. Am x. Yes. I; I 00
Mr. SPARKwIm. I have read the`*h*4P-*At"-4
oite, thing"that Sehator, DvaCweifti SSA 01 YMMWKMyf
was, when his reservation came UP- 'VdO
:Mr DeConcinijgid;41: - I., , '. I,-
It U my interpretation and jpdgmeot it 7
tj"t* but it is a condition pre6odetA Wthk
to be accepted Or not cO.ntradiCted by the
It seems.10 me thet:has, m1aWy-9*k
'Mr.:: RMD. In, a*- P,
havi bbexi Wd on the rep, (Wd'"
Mr. Amm. 1 94 to IW,
sMjfjv=t sentence I find, here *Jb-
14ter inwhichle 1418
I
in your letter and conversAtion rV An
some r6servationso but that they will not altOt n0r,4,464
Wed upon in the Xeuti&,Trmt3k,644-W mt-
1977. 4C
I think that is P at aenqpce"
'Wish'Ahat, I am
Mr. RoBERT C. ter et I ''Woo
le, relde i4f
04A sentence R*I, er
to P
effort, and have been successful to'41,W
reservatiow co 09swo 114
"vaillbe -consistent VvIth
as' parties t4D thetreatY4
The Preside of the I t i 1 It, 04
]Kesw* d.
In-co AA of
Certain y attach a number of






3937
isonrn:We have mae every effort and have been successfu to date
that these will be consistent with the general purposee of our two
6o aparties to t~he Treaty,
Ahat is, all that I see *in the President's letter, That is the
vitbiage I see that could possibly have been addressed by
08,rijs sentence which the distinguished Senator from
SAsni. The word,' "cvrsation."
.W~aT C. BYRD. Nvow,: the Senator: talks about conversations.,
de "in your letter and conversation."
half of fit M' front of us. The letter is here. I do not
tePre si dent'a conversation.
A=Ns. Yes; I understand.
C. 13ran. If the Senator wants me-
0 AmmI do .not intend, to contend any, further with the
mwilling to -let. the matter re4t.
*a C.Bra. take the letter on its face. I think it
Thl*-delighted to have had the opportunity to present it to the
r.$f .~A Will the Senator yield?
Al C. BYRD I do. not have the floor.
.1Iyield to my-distinguished colleague.
.I simply want to. bring out the point that Mr.
and -remember, tePeintasalig about what
naccomplished by the reservation-in his reservation said
the samnething.
MR Qa 18 YRD. Yes.
TSPARDwN. That it made no major -changes.
JrBfi ,am=, G, AYR.D. Precisely.
.Nr$PAxEmAN. Tht it was a&a0rfficatiOn.
Vr IOBET BYRD. 'Exactly.
K4346ivj-the senior Senator from Alabama is chairnman_ of the For-
eign ~~~~~~ations Committee of the Senate.Isinotreheeom
;J,onsbetween nations will usually be cabled and that-
d $PMaxxAN. Either that or telephoned.
,,ROBnar .C. BYRD- Ad tAt hese cables are then typed UP,
a'"it- both, these Wer typed-on the same typewriter, what
'Indicate? Would that indicate any sinister, ulterior-
.In fact, it is'saig it makes -no: changes, doesno
he term's that have been agreed uponi
.w Mr. President, I yield the floor.
C. Ban.I thank, the Senator.
I thank the'Senator.
Anaw., I -thank -my distinguished senior colleagpe (Mr.
tlefloor, Mr President'
JPRXsuKG OFFICER. What is the will oth enate?
$eikator from West Virgina (My- Robert C.yr)
MrC. yto., Proceed t;o article11I, ifthere are no--
a &'o e no amedmets





G, DO 'Iwl
thatthe tdoror O qwwujo
'Me P~uMO Oiridm~dwdi
MrF
Houset, oaendup to -Vbli*
ava~dible t
the ettrs pta toffi gpoo~ift
two ommuicatons hichomptA~i
(Subequetly Mr. ober
al fr th Recrd:
Hon. omm CBYID
U.& Senat
MAR zNA~jt YRD:r u~rstiii smfi!
thercabls CntldibgtW~mhoug of- -Cs f
ru~eal orr~osoopes o Jo* I
are nclsed.Tbee cpi 4IUC to
beendecassiied' asindcittd e th
You ay ish o ifor, ,%atos tat te *~ft


Ileferis M'.:it VI tqGentd-j*rVa% ha* blI
Tor~s" epl isnow n is wy t Prsidint artr_ t a

diplinak prcedre o exhane o
gramin te ineres of peed
The opis oftheleters suplie~y"%Wbfti krWOI






3939
Panama the Panamanian people voted for two treaties together and not in
.W nievertheless, to point out that such a study will be based on the
concepts; for Panama any reservation would be unacceptable which blem-
natona dint, ich altered or changed the objectives of the treaty or
were directed at hindering the effective exercise of Panamanian sovereignty
aar l of its territory, the transfer of the canal, and military withdrawal on
6434 reason, received with -great gratitude your words that these objectives
iM asoutl not be changed by means of amkendments or reservations. This
i6r ,mn~ay estimate concerning the great morality and honesty which characterk
t as, a poltidal leader and as a person.
..W Iviuamanian people would not accept words, misplaced commas or ambiguous



W m reveal the intimate truths of a man of great integrity. We believe that
pepeelected you precisely for -these qualities. Therefore, with -the
which has characterized our relationship. I must tell you that we must
oaf tbese difclisabout the treaties with true courage.
P t power of conviction which you have must reach the true and upright
iB'enate. In you country there exiits great proof of this fact by virtue of
have .hever considered arrogance or threats as normal standards of con-
VkeUnited States in. its relations with the various: sectors of its own people
aid ga itrelations with other countries. For that reason Lincoln, Franklin Delano
neyand other rat American presidents hold a place in the history
"RSates. and sev*lrtan inspiration to other peoples of the world.
6bvibstl that: not: only Panama but the entire world anxiously awaits the
4pmonrwhich. the, Senate will make tombrrow. The canal, as an international
I* ic*srvice, is of interest to all humanity. For that reason, we aft in the treaties

&,signed the lpeaceful solution which guarantees access to the canal on an
wsto a-idis 'users.. Panama has made its great scarifice: To wait 22 long
a!Oi~aes -its decolonization. We have demonstated maturity and patience.
=anjideat.,that the Senate will not disappoint the world.
gotake..ild opportunity to express my highest esteem.
OxAR Toanuos HEzRmRA,
Chiefof Government
of the Republic ofibnama.

-Pto 1Oitgoing telegram for Ambassador Jorden]
1 RWMIvEN a LETTER TO GENERAL TORRmos, DATED NIARCH 15, 1978
Y.-,JW~me deliver to General Torrijos soonest .today following letter from President
Qa#re, of which text follows:)
r MyDz-R 1GENERAL As you know, the Senate is now, approaching the end, of its
onl the neutrality treaty. Although we expect the final vote to be close, we
nwihopeful about the result.
Wehke made good progress since last September when you and I signed the
w rlikties., The .Senate Foreign Relations Committee endorsed the treaties by an
Awewkelmiog vote. in the Senate debate, we have fortunately been able to prevent
ents~ tote ray other thani the so-called "leadership" amendments to
revand VI. These incorporate exactly the terms of the statement of under-
pubrishea, after our conversation of October 14.,
fIrj considering its resolution of ratification of the treaty, the Senate will almost
pf8ainy ottach a number of reservations, conditions or understandinsrelctn
,aieconcerns, We have made every effort and have been successful. to date
Ohat, tbese will be consistent with the general purposes .1Of our -two
edas parties to the treaty. I hope you will eramine thetn' in this light.
apprvingth neutrality treaty, the Senate will mo~e immediately to con-
Obidr Ihe basic Panama treaty. While there will be problems.,} am-hopeu that the







knQw- That 1he 1mg publ" 4*
W Wu"
involved diffidultim fibir y'oU' 6ur OM a



The assistant legisi, trive P"
9*N..Mr. Pmwr,. -Mr Praswefit;JAwk!
6rder fdr the, vbru "iefiff
The Rmikb 0iii6mi-V Aft ,
Mr. PERCY,, N P resid
Ir vntj,
comment on the
adopted before the rooolutwin, of ratffleation
14Y 6y f i!k I
he Senate.
I had.-said before that without I
amerldnWnts which 86011re.the Unite&
defend the &mal beyo IVI th, ear 2000 iod *6 4"f &ft
vessels to the
auxili ieal of
,.gj uld notha if
eney. Ye vqte4 o,
dent Car-ter and General Ton" 1,f k-
amendmentswas absbluelyosgeptial*toc
itxTreaty."
L6
&nat.6r from'-111inois'We W`16 ab6
the treaties, and it Mkcts not, lir 4_--',411'VL,-jW-W^!
6Wk reflected in conversatiofts,81 ,MN4 hA_; with 4,-
stituents in Illin6ii."
WWIe Abe am6ndments,' we' 4ave ado,
strengthened: the Panapi& -Canal, mai".,
work to minimi'logP the buirden on American-
mated $758 million it will cost to imAdment-the,
ation of It' is'la ion to finplement. the treaties after the
will provide an opportunity to confrout the costs over th#.,
years associated with the takeover of &ntrol of the'
I would propose that- we have higher ainal tolls, up
say 50 percent,, -toXecover-s-oc pst as, J04 moual
ments. from the Panama Canal Comrpy -to thi`
s as civil rvice earuch c64 se h- 4kim fW
16 -addition, higher Aolls would, qgifimaw
to Panama under the treaties.
We have a resporlsibility, to, firid w"ays. to, 'rlleodverllw
c6stsas -possible. 'In the 'finipl6lneitth* ligid4tuxil
tile.new Panama CanalCommi i
these casts..:
I intend, either to offer, a
require Senate confirmation +of th&
bers of the Board of the in
efforts, to recover the cost. i
-Mr.`Presidetat a tfiiie-wh6n,.ww&m-,
budget-,aA&'thO,- UMVMg xvu
tne hwit, _n ,,k, pr
work tovy; that.,
We f= thje OaW 6A itv 01.; IAAC"19 u
have run k"iin iihapb",bid*
71





3941
Ar seviceto he users of that canal at rates that are less
t~qAI~r~erc raes. When these treaties are ratified and w~e
".ad te 2-year period when we will eventually turn over
11 '. dje pnal Ibelieve we have a duty and an obligation to
OW on tapaye6 torun the business of the cafial like a business,
its ncoe. Certainly, that. is not inconsistent with the
we itendto establish with Panama.
3 plyWish *o, serve notice at this time that during the
nex 'wek's debate I will introduce the subject which,
4ready' as.ben addressed in part by the Armed Services
and he'Bdget, Committee. They have rendered a valu-
-inbrigig out in the testimony their estimates of the
in tesetreaties. We can try to recover that cost and
ducible minimum the imact on the Ameri-
MW rand-the U.S. Treasury,..to, see that -the ships. of the 70
t. ue th canal actuially bdir the -cost that will be
Mr.Preident, will the Senator yield?
7- I hapy, to yield.
ldr Pesdent, I am encourged by the comments of
Seaor from Illinois (Mr. Percy) about the mem-
Ole anam Canal Commission, which, upon the approv-
a aa Treaty, is to take over the operation of the
Canl fomthe Panama Canial Company which now oper-
od-tediinguished Senator to say that he was going
n mendetjhat would require the nominations of five of
membes of he Commission to be confirmed by the U.S.
5ulm orrect; during consideration of implementa-
i~~ J il ither support it or submit it myself. But I
tth -nmiations of the American appointees should be
by the enae of teUnited States.
The Seator realizes, of co~urs'e, that there will be
ianonthe. Commission and that the United States
power or i .rpi.on over A .pproving these Panamanians. The
mgwun Goernent, makes up a list of four and hands it to
assume, -it is gigto be the Secretary of the
enty mkesthe appointments-and we have.
or dscrtio, as I read the treaty.
i~orunanian, whether of good moral'character,
r, uder nditment. whether of bad reputation, as I read the
is t ..jontcommission. This Is not a United States-
c~uumssIon his is =n instrumentalfity of the U4S. Gov-'
forth-nxt2'2 year. 'Why, would .not the four Panama-
e tobe o.rm~ed by theU.S. V8Seniate?.WOil the Senator
P~hte me o that?
fw Te issule of coubrse, that we" hav;ei be'er deaflng
a sqetio, of ainq reaid sovereign-
couj,4otenvisioi caling befbre' a S~nataqoMmiittpe
ublnadii ecting them to cofinainrroceedintg







Mr. ALLKK. The troubW is tba, qt
sion Why shoul4't4oj Aot! bq j64i4h
Mr. 'PR9CY '1 0 '170- _.t'
Aist PO th6
envision'Ameroaliftcm
ing, by some otfiOr leg U' 40VO in S*16 t
tbJA would be it' thing 74
Mr. Au". Yes. If they Lil --tl- iL -Alt
f9reigncountry, yes.,Tbis
agency and eVety niOmbee f be t
thdred ;III
Senat6 in the bf ihe Se,"
Juddipett
Thoi Senator
PERCY. from
substitute, if he would care, W.
thought it through as catefuRy
determined, that it *QuId'-s ea 9ita 'd
Ot be WofttL tlik" -.e, i':A'
tion, that it would n 'Y Of
really subvert, in a sense*, the Pride
to nurtiire il 0
ryIng the partnership we are
Panama. CeAainly we would h4W sufficient, ove. S-
nine members were,
eority of subjed t46 genaW CO"
mai the board to Atart witk-and thik'*6tM
would 1 9 0 V i
be enough, probaby, we just, c6nfi=ed*tW'c'L
in this C' uld havei all five American
ase -we wo
constitute the inajorit of the board,,, ojid,4t.
Senator from Blinois Lot w:ould gIve ad
not be nec6s6arY' to call nine members*, befor6,
knew that we, in, th e -confirmation pr WO
know of the nom i n ees whAher'(Ji n6t thiey
to the genat-,and Opropriiae commi
f thi al.
On the operation o e can
we
CertaWY., in the conExmatiqn, V ceedipgs
then these pertinent q'U'estions. Do 1 0 11 1 I
ide to rft",
business or do y'qu intend to e I
f br' iihid rt6A 22
nations that usd this *canal as ha
wrl really -*a
id6r
intend to revenue so that we, cover .41re.
that wehAV6; the U "Governmepi,
own Treasury, as well as, to Our *ra
account -that:0, cannot be A:nd
you reach a Oln of dimila
revenue, too lQh yo 1(m enou t'4:01il.. u _gh so
going to be less than W,;ts bet,.O #.,t,1][iaj, is -W
business judgment, and we want who
ce 4. p erPlJi,
and exp J
.erien
Mr. Aijim, 11 thaiiii iw.. distinguishod, &n
much pleased he iIsgoing tp .be nsisti dn
operated on A bu.sinessl&e ba",
might elm Sen'A-OW t%44
suggest to the distinguished
on the Neutrality Treaty, the 11junimt
thai'involved national 'fide;-sovmig*'y
n im, ipln! Governm!ant and Panama
any amendments-:-1,16elleVe
voied against 41- ab led
attitude'of the distin ine-I -Sei 'r S.,
turn to'the Pan ma Cgual Oty
14ho '1 77
a: whole lot of tio
t1iing that bai ru
&0





3943
4.usiness arraneent. involved'along with the gift of the
_by,.the United Sttsto Panama.
aqii',gjad to see the distinguished Senator wanting to tighten up
tbusiness arrangement a little bit to protect the American
,And: I assure the Senator amendments will be offered
.have that. desired result. I am looking forward to
the very 'fine support of 'the distinguished Senator from
Won mendments of that sort.
the Senator.`
Pxker. T thank my distinguished colleague, and I will advise
9rf nime when I intent to take the floor to begin this
'6ll ertail invite. members of the Armed Services
and- Budget Committee -who have had hearings on this
and 1 *1e that w'e will have a good deal of support for this
6 on the floor of the Senate.
.9na~tor .from Illinois has support~d, right from the outset,
aut't6* thewe treaties that the Senator -from Illinois felt
aboolutely essential. and crucial, and I said I would not have voted
6t00aties, as signed by the President and General, Torrijos if
ixot =-nended in some respects., The Senator -from Illinois
ie som eservations. I now indicat that I will'intro-
tol:,require-Senate confirmation of the American
to, the.Board of the Panama Canal Commission and
pem;y distinguished colleagues' comments at that par-
t gi debpewe we have that piece of legislation under
.Au"w. I 1hank the Senator.
Op),y ,thoughtI.that. occurs: to me on it is that with a U.S.
FA~on.itiwould seem a little bit strange to have a hybrid-type
p'ip fve.Americans and four Panamanians sitting side by
Ooi the great hi aoaytable, with, five of them having
;I, forme&by the U.S. Seat and four being Panamanians of
,*g# ain oii 'or. reputation., I just hope that the Senator would
,to .extend his thinking along this line to the extent'of
Ovauking all 9f theme members of t~his American commission to be
2 gr by the U.S. Senate. Ilhope the Senator will reflect on
t and reach that conclusion.
+PERCY. I thank pay distinguished colleague.
4. dent, I yield the floor.
T. Mr. President, I suggest the absence of a quorum.
e PIiDING OFFCER. The clerk will call the roll.
pstant legislative clerk proceeded. to call the roll..
4 T.Mr.President,- I nnmus, consent ta h
for the quorum call :be rescinded.
INGOFFCER (M. Odges). Without objection, it, is so
lax $ra. M.President, one ofth ital items involve inth
of thse~vaioulebates-involkes ,the matter of sovereignty.,
li ad& exte;1ded discussions concernipgg these matters for
several weeks.' We have been debatming'this m atter and, of
:there are conflicting opinion's that have been viiiced on this





3944
I would like to for the next few moments redinto the
what I considered to be one of the better idiusskns 'of t
situation in Panama overall q nd, in particular, the oboei
an eminent American, an ex edigly fine lawyer, and a"'
probably more than anybody else, from firsthand knowledge
rience the legal situation in Panama and moreprt
through extensive research, wouldl give u's the benefits ofl-hs'
sis on the question of sovereignty.
I speak of Hon. Guthrie. F. Crowe, who is a rdtirOi judge,
woserved *in that capacity for a long whil6 in the. counlo
ii Panam

In testimony before the Subcommittee on Separation baf P
which was conducted under the chairm-anship. of the vr
Senator from Alabama (Mr. Allen) severalwesao Judge "
appeared and testified. I would like for the-next several-minint
have the record indicate, even though it is contained.in the t
have the record formally indicate what his observati,614t
committee at that time were:
Judge CROWEc. I am retired and I have no secretary or staff, somyq Met
today Will be off the cuff. I retired, because of old age. I, am somewhat e'Ot9!
jud#ge I heard at the judicial conference, 'who said that old aige m-ade him 'a, lot 6
moral than the Methodist Church ever did. So I am in that position. e
I am very happy to- be here and to be able to present something about4
experience in the Canal Zone, I was thete for'25 Years as judge, I was appoint, lo
an 8-year term by President Truman,. and then reappointed by President K
Then no one was appointed to take my place, so I stayed on underbp'eratioat or
statute until miy successor was appointed and qualified. That VMS hot, de16e
President Nixon nor President Ford. ...
I resigned as of tjhe 30th of April after, as I say, serving W55 years. .
We have a number of good lawyers who are :Members of the*(1.S.
Senate. We have had a number of good international lawyerig g*6
us varying opinions concerning the basic: issue -of sovereignty. But t
mlust say that of all those I have been exposed to in onLe fbriml'er
another during extensive debates and deliberations Min this matbbi,
I doubt if we have anybody in this entire country who has-had
; iiii iiiii







~.................,










more personal experience in connection. with the legal situion
Panama than does Judge Crowe, as he has indicated here is'hi
testimony. He has served for- 25 years and served in a very d
guished manner.
Now, why do I make reference to his' testimony.? For two
poses: One is to give my colleagues through the ]Record the if.fi
of his views concerning sovereignty which I consider to be .a kw
matter.
It seems to me the, consideration we have *in connection -withe
main Panama Canal Treaty as to whether we turn over this fW11f-
ty stock free, with additional pamnts amounting to several 0-
lion dollars on fop Of it, the considerations relating to thaft tranhac-
!l i ;, iiiii ii


























tion are far different if we have sovereignty than if we do- not.
Obviously, if we are in. som e legal capacity s'hort of ovmnershiil 14
a tenant capacity, our legal relationship to, the -fdeility and 'fti
value and all the rest of it. are far different than if we do own it. I
happen to be one of the many Members of the U.S. Senate *ho
i ii,,,, ,


li iiiiiiiii;:
liil

iiiiiii,,i
00ll;" iiirspl; il iiii


:rrr: iiirr t~n

'""'il ""iiis i iiiiiiiiliiiii
iiii iii~~ii iii









feelsii thtfo h eyote.fo h rvson 'f h'aiu
douet, ehv urhsdte 0nl ufei'Jkp nnw




Elm A-ME
W_ ia oe elhsoyspprsta iw elta h

So WO a.Ir uprts that view.I e tath
Vin there are other values in hearing -from Judge Crowe
qakinghis testimony part of the Record, and that is the
hae, thogsands. of Americans who presently live in the
who, under the, terms of these treaties, very quickly
a jetedto the Jea *urisdiction of Panama.
Mgrs 'om htis is terribly vital for all of us in consider-
,tese overal treaties to try to determine what type of legal
rn rl are going to be subjecting our own to in addition to the
stio ofwher wearein relation to the legal issue of

no iw to. read further from his testimony:
I atered on duty there in August of 1952. 1 had a very varied experience. I
to pea Spnis wileI ws terean go tokno alot of Panamanian
1 tinktha may o thm ae slenid eope. ama great admirer of

"'-"have been evieral discussions during the course of the
here thtthose ofu ho aeoposed to these treaties are
to the Panamanians; that we were something less than
ip eeingtopreserve our own-property.
ve attepted inymay times on -this floor, all of us, to
ihhat fu ms nt or wish, it, is not our desire,. it is -not our
'The fact is thaxt we: do relate to the Pan _.amanians.'The
thtwe do appreciate them. .The fact isththyhaeen
-alies -for-some 75 years. The fact is that we have had a
yaringrelationship with them, politically and otherwise.
is~ta1 percent or more of the employees working for us
AIMMsP5 theranal aeP amnans-good, loyal, competent

"RGI eaomihy I *nae this observation is to indicate the state-
agnat&ein .a eihere by the Federal judge., Guthrie F. Crowe,
44"ed tt byviriue of his experience, wihapparently is
stabl it tisregard, he has basically. the -same attitude and
tisthat we have.

was a, %oal deal _of~discussin this morning as to whether or not they would
ateW the -canal 'Of coursthr res men. who have been educated
Atfitencan schools, and who have. high competency. Whether or -not as a
they would operate the canal, of course, is a matter of considerable speeffla-

aisis on the ord& ""as a nation."
ne ever entertained ayserious doubt that the Panama-
oould. pbysically manage'the facility. I had some reservations
,,the'beginiing of these -debates, butJ I am satisfied from what
benad'duced -here during the manty discussis on the floor
dhere is ample expertise among the Panamanians within :.a
of 2g years to actually manage and operate the.. facilities.
f tht pnot _the issue. The issue really -is whekher or' not as--a
fas~wror not, politicalily thq y ca ropetlymoperate this






Is
the State. of lit*, Wk qt le'.
ence as a f6rwer &a *Ad, 41'rtiier (A."
He expresped concern about
the Panwgdfiian GOetften' W11 Milt
4,
hiior'y. $ince
Will siand corrected. it 1446
50 chAngeg`mi 4
years. It has been siahle4&r
Why? Because since IP68 it hbdbedil
the country with an Mi- 11 hAfid, *4ho
gun, who main tains control to at
dictatorship.
If that is the kind of stability that we want, and 1 do
it I think we hi ive en ed lni 'h 6f
Country
If,-tl*t is the kind of stability, tbat -we
70t,
it is,. I: think we-have, enteredJA!p A, r66
country....
The 141t I Want to make is" that we h*4 W
unstable government mi Panaxna, *e now',"
Allen indicated bef6re tOeriter int6 sCbftsin,
is what the Panama Canal Treaty is all
to our.busities's interests to turn over thii-Mcility
6nsideration, if we are talking about eniqiig tt
and that iSIL basically what* we, are going"L to be doing,
questio*n is,: how stable is the partner?'
I ha to be A bi'pirofession One!
,ppen a awyor 0 the
you. would have when' a client *ould bom,61fi'
entering mtd ta paAnership is, *whA isIvIii4t
is 'fioiii fineaf,
How solvent, he a MAOPOI 1,
How.honest isbe?
During the cours6 it il 'debate I *,O
ed, Particularly *h6n we had'o-ur secret' at 10'
that 'tha`rt
substantial. evidence developed hete' "A
4
associates bad been ihvolvedlft e dr4'
ous drugs such as herion. There was additional
that there is an abundant amount of corimptiO&Ibbi
of our ;illeague; not only 'did not poy
stat6dofi this floort du th e
rM -0. couts dfthe
hT. elevaute..:
". I .; , int tiart
How in the world can entering a ne
ble partner, who admittedly Im-,been, O"t,"in
with a that that' involves d
canilotbelieve the, AnrricaiA pepple,
End of. standard, I,,)qahnot diei
S&nateto. 4 standAi4Lf,, -4 its
We -are told that we h0e no
T iL 4.
as we find it; tlia we t46 (e di big"
We are told that all'the't"t"d
'. Vi ot
they an enga&'in bile*d6gi&
the e dp-ree pr
,v al are, afflicted to,=
reall oes n6t kai4 %ai&le
V_ my






3947

oest' '111 dstnc ioi my mind at least, which shared
of~yI~ollage a ithat this is not a tpclforeign aid
Tn.Wear. otbengasked here, as a Goenet as a
to- oeot iloso dollars to a given country. We are
andwe il beased here in the weeks to come, to
A,*dxn@nt s t whthe wetur over a ital international

e-- n i eem Qm it is highly. relevant for us to
ex~ie, hethr o po the government in question iii a
e oel ..on tat-ve: an: rely upon and trust to faithfully and
Rpoppso .aility from as political standpoint after the
14~ ~ ouineessin their. own interests, and certainly in
e ue. osoMr Peident, that I think are hgl ee
apdtht w soud one agin. probe very closely during the
cou se f he ont nu ng eb te o this miltter. C o e
e th the discussions of Jude ro ?
Ot, o bingto.th tetio.ofti commaittee the condition of the court at
prpW.,Ltik t igtemnaeprmp th a ct that the Department of State is

of~~~ apiat.Tey have been using a distinguished judge from Florida,

A~p~ponseuene, th, cvilsid.- ~thdoket has, been comnpletely unattended to.
OOleare slerig agrat rason of h acte that there is no judge
0~~~~~~~ haeV r*go ie or. As matter of fact, it was the largest docket of
sinle ude, n te edera sytem undder the American flag. There were about
punWcawayea m 00IMail cases.
I~~~~~t~I isaIa son inglad wrhen you consider the limited
Wil' br D, pope thre reit that particutlar area.
The fct-tht hee ino judge, of course, leaves the people in considerable

ti*,'9cutve wit te -tireaty powers decide to transfer -the canal to Panama.
Tk6-dmirltyunisdxction. of that court is equivalent to the Admiralty jurisdic-
tio o a isric curt in the United.States, although it is a territorial court and the
= j,,ota ite MI judge. He comes under title IV and is only appointed for a
0 "ar. liehas e'quivalent Admiralty jurisdiction under the Canal Zone Code,
AAIJiigo i thUniteW State&
Valnmwha noAdmiralty courts nor any case law concerning Admiralty. When-
ever#gdstio itAdmiralty arises it is decided under what is called a Panamanian
i**'~~ ~d'This-means that tte Admiralty bar of the world, whose members
acewomedto appear before cotirts that recognize -the agreements adopted by
-A66fa dAmiralty conventions, would be: at a disadvantage and the causes
6NM'lient~woud adffer.
has henmany observations relating to the conditions of' the
Iki mepioceed not: to- some salient poirtioxis which -affect
W -, tmf of our Ame'ricans living in- Panama.' and the effect
hirin ver our court system adits jurlidiction to the
P6 -AS-- coirti would have:
.ias h have lived in the zone for" anyyears FeW that-Ardbica citiiens
vrh~ar caghtan charged with crimes in Panama are-dealt withmrore harshly
41**Pa~manirAdue to the strong feeapligthat hqve growug UP o~ver the years..





3948
Small wonder, Mr. President, that our own citizens are .ri:
concerned about this feature of the. tr ety, Wei have mayih.
ii thi ds of Americans i in the cai wiiiiiiiiiiii
if these treaties are ratified, wdil become sukec toh jf1-d
of the Panamanian courts 'and subject to~h thxi of unqul
ment of which Judge Cro!we speaksi Smalil^ wntder,Mr im on
thay' they are very apprehensive as to that feattii d-tet
It is planned or discussed that a number of A~mericans wfl fIcore, t
reside there because of their expertise in hiandling the Canal Zon ajdt'- ee1
ing problems and the shipping diffiduitieis. If those people are ther6A*,i11
exposed of course, to this type of jurisdiction of which I speak.,.:
Again, Mr. Piregident, let me remind those listenigd n -n
purposee of the Record that these are the words of Hon. Guthi&.
Crowe, retired judge, who served in Panama for a dis-hiwi
career of 25 years. He is speaking now of-his great''toner sib
the effect of imposing the Panama legal system upo 16'1 6;i
citizens in the event that this treaty is passed:
In civil cases in the Canal Zone we use the Federal rules of civil pr~~ea nd
the Canal Zone Code, especially drafted by Congress for the Zone. Grea atiwini
paid tothe service of process. The greatest of diligence is usded to seeth pr~io
the parties are safeguarded. The court: is, open for the filing o,'ae s. 5 h
issuance of needed process 24 hours a day, 7 days a week.
Obviously, it is a very efficient court:
In Panama. there are no civil jury trials. I am advised, that all ae ar
deposition, taken in such a way that there is no opportunity for conrotn *i-
nesses and conducting a fruitful cross-exa .min Iation. Crimhinal and cii libliy1
actions in tort are interlocked so that there is no civil liability:uls theei

Think of the drastic differences there are in imprsmg the
Panamanian system of law upon our citizens in thes repcs
Small wonder, Mr. President, that they are concerned abu thit a
well:
Law enforcement in the Canal Zone is by a highly trained, careul yeeco
police force that is completly separate from the military. I suspect thtGovro
Parfitt touched upon that this morning. Unfortunately, I missed patof his *tt-
ment. It is ar fine organization of men who are wenl qualified, as well as -~mamo
They have some excellent women on the police force;
We are talkn about the. police .force, our police force W40-
presently operating and have been for a number of year 7witi
the Canal Zonie:
There are, of course, military police drawn-from the mnilitrx unitsassign.ed t,
zone. These people police the military encampments and military persne ony
In Panama there is no separate constabulary. It is, a military dicaoh, ,.,AM
policing is done by members of the Guardia Nacional---that is, M he
Army.
Soremebe that in Phamaa-and aigamin, we are sube. ctingou
own people to this system-they do not have a police freasw
know it in this country. The rights, the assets4 the lialitie-
whatever may be touched by the rule of law-would b-g6ein_
thereafter by military police under the authority anel -un drtj
domination of a dictatEor:
Each one of the members of the army has full powers of arrest-justa thdu N
were a civil constable or a police officer.
iiiiiiiiJ,,
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3949

b as been, discussion, here about how we would feel if a
Sof thesc conditionsb were 'unposed 'upon us. I wonder how a
er of the citizens and residents, say, of the good State of
,'to whom we -have: had frequent refarence, would feel, if a
Were imposed upon them that their, police laws were admin-
adregulated, not by trained policemen but by military
abonthg to-mrillw Yet, that is precisely what is
ilphapent4 ouir Americans in Panama, because- the day that
tify these treaties, the day that they become effective in this
elwe have the turnover., our Canal. Zone Americans will
,to -this kind of police activity.
fa16Judge owce ginsekgndhe is speaking, now, of

m aim dlo d*ebave sIecre polic orgnzto called the "Deni."
It0,006 tbtoughutrthe oeuntry.%
E 1r. residen.t, that woulbeai to having 10,000 or
WFational Guard people here- in the District of Columbia, or
41O State of Texas -or the State of Utah, or the State of Navada,
$411~ ~ $ reo retwthout--any conditions, supporting mar-
wae;t- is the, aitation. we. presently have in Panama, as
t*o by Ju4dge Crowe:
V~nk at sti this orning that there Were: only about 8,000 in the. military.
whom Lnw- and. with whom I have talked on many occasions seem
t tey remany more-'tht there are about 10,000 or 11,000.
no 'seiff no city police, nor'State police, nor anybody of that nature.
-1- bera I i6 not uncommon ~and exile has been, used against prominent
pihu rislm
Jaythe type of law enforcement. that you will find.
Mibdt Mr. President, that isthe type of law enforcement, if
bVe these trea-ti"s, that we are going to subject Americans

siclpp h hich is" ver-` iteresting, on that particular score, that
'in ihe mimi Herald recently. It was reported on Tuesday, May 24, 1977
9pa9,,mg one Eisnman. Mr. Roberto Eisenman and 10 others were critical of the
hte Government of Psanama, was using. in handling the beef situation.
lp were'raising befian went up into the interior and protested against
*o
40Y are not unlik the hundreds and thousands of good farmers
Sult 'al Il we: have had all over this' twn, and
ese~~ P dnsipotest of: their particular difficulties.
plye -basically' doing thie same thing. They are protest-
I of)@;Govenmet, which are affecting them adverely
Vhat, Nh4ppened to- the In Panama?
ol wre ianditey rrstd ndhandcuffed and exiled from.. the
Ira.They were sent. to Ecuador, ms t"i commie mAy aled
Alichagedthat the Panama dfictatorship i alive and -eldue to6
ortdA UnIted States. He said this in Miami just recenitly;
,n state time and time aain on the fldor Of thie
14' the' Just 'due of the Fanamanians. -I: &o`not
oI I'tink hi itoy teveals that there is n' country
er .bpen treatpd bette in every way thbti we, have,
pr", I il_ 'i n. ism view--that Panama
th Pfnthin 6t- k &f it were, not for the, U.S.





3950

genrsty over the years and certainly not without ihe Pnt
Let mte proceed further with the statement:
In that meeting there were a number of people. The audience reaction gamWARy
appeared to be antitreaty***
I amisekn again Of Judge Crowe in his tetmony bfreh
Subcommittee on Seperation of -Powers df the Committee n the
~;j~;:;;;~ ii iii


Judiciary of the U.S. Senate:
Ini thath meeting there were a number of people. The audience Yeactio ftnrll
Council of the Americas, presetn some 220 U.S. firms doing-businew in aisn
America whicho has publicly endorsed the negotiations.
I have sat in the court, as I say, for 25 years. have had occasio'n to Aisthey
history of the acquisitionr of the Canal Zone area. It has been gone ever pretty
thoroughly this mtorning. I am no expert, an the question of wepartdio of peaten
Cases of that kind have not arisen in my court. I am failhfiar 4wih the AZlearne
case and the Rzeudcame and the different ones that were alluded to by Mr
Leonard this onig
I believe thruhythat the Congress must sit in the dipstion Of poet tw
is the property of th ntdStates.
Now, whyi that important? Because we have had, exttnsive
debate and discussilon in these last several weeks, on, this floor eand.
otherwise, as to whether or not the Conestittion" reqires hw.4
proval of the House of Representatives in the disposition. of Federal
property. It hasf beien said time and time again by the propoentsk
of the treaty that that is not necessary, that that is a functdan of
the executive that upon approval of the treaty here% wilf b d
executing.
We know that well over a majority of the House of Representa-
tives do not. subscribe to this view. They have recently signed
statements indicating that it is their judgment, on a bipartisas
basis, Democrats and Republicans alike, that it is the constitutiono..
responsibility of this body and the President to transfer this matter
iiiiiiiiiiito the House iiiiii Representatives for approval before it is finallyi
concluded.
Mr. LEAHY. Wil he Senator yield for a moment on that poin-VI
Mr. IAxALr. I certainly will. I am happy to yield to the Senator'
from Maine.
Mr. LEAHY. Vermont.
Mr. ILAxALr. I apologize. These are long days. My apologies, to teb
able Senator Patrick Leahy, from Vermont.
Mr. LEAHY. Maine is a beautiful State also. We also have bimn
among those traveling up to those Northern States on occaafmo
I have heard my good friend from Nevada discuss the question of
allowing the House of Representatives to vote on this issue. 4:My
good friend' from Utah did the same again last night. I have also
heard a number of Members o~f the House of Representativessa
that they would like to have a vote on it, at leastpulcyan
have heard some of the same signers of the letrrgthere
yesterday chuckling a little bit *in the back 9f the haldrigour
vote on it, saying "It is a good thing you g .uys are the onl toeg;
voting on this."
I would love to have every one of them vote on the. Panama
treaties., but I thiek we are somewhat constrained. by the Constitu.-
tion in that reard.
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3$51
Vihall -due respec to our respect to our friends in the other
,,Ireall laq yearv:hen the matter of major controversy was a
jp,which I votd against twice here inthis Chamber, I
16addu ath matter of controversy wi6s a pay raise, and I
whnes of th other body being polled as to their feelings
A.~ bverh. ,ing majority said that if they were alloweid
ly would vot against the. pay raise.
"n~wwee suddenly by accident they were Iallowed to vote
aswe al know, they voted for the pay raise. That may or
Ot-e a mater ofsome concern here, but the facts is that the
Utioii Ve cle ay states that on treaties of this nature, the
alone,=- vot. This. was done on the first treaty and will
On thee -on- 'teaty-
the question of implementation: Whenever the imple-
-on leoltion 'cmes up, naturally both Houses vote on
ine a t" enat Appropriati'ons Committee, for
we ve ifleTabe aalysis of the Constitution. I
bede t ft afwppropriation 'bills -over here
kt in the Hose. Maybe the Senator from Nevada, the
fromUah4, adI could get together on a resolution asking
oue6f kpre setatives i in return for us forgoing the
10and- letfigthemi vote on the Panama treaties, they
le us initiate, *t piion. bills on this side of the Capitol.
the Senator.fom Nevada like to join such a resolution?
.vr", Imigt no.t have 'any difficulty with that, Senator
Iwondeed 'thou'h' if I could address a question to the
frm e.rmon tlu whole general area.
isa split of opinion.. as: to whether, or not the House of
,ntaivbs must as on- the disposition of property, admitted-
amattek'of fa this- whole matter now is the subject of
LEy.f r"sk my 6end from Nevada, because there is a split
n, bh ecau: very lIarne d constitutional lawyers have
tht they feelthat it "must be thus. There are precedents for
Wn S subject olitigation.
the "en that many in the other body feel it does, is
t fact a 'wo' A he Sentator from Nevada agred, that such a
I .ipusheith diligence by those who claim that they feel
rgpe up onIt, could be through the appellate process, could
'4ey the"U.S. Supree Court, and- could have been
od.-y i~w?:
r, TxLxJhas nt been, though I assume they are putshing it
dil A -and, erstai that they fare.
loo at I other matters.. within -the paint few. years
-wegone pie to the U.S. Supreme Couirt and have quic k-
r no of ring the Watergate time there: w ere ques-
laWatrgate tapes. The ownefship of the Water-
-ta, ro Ayn eoxample that we can all recall where the
wen vryquickl to the U.S. Supreme- Couit and, of course,
w~ t"svery iid brier 6f hi 6"b 'body
ka dpoftAhhrs tionth





3952
Mr. LAXALT.Y166, 1 would.
Mr. LEAHY. I WQUId suggest that...if th emWnbers oft ilhed
body are6 really that- concernied and-fl that eager to bs
treaties come over to the other side,. to fh6 ther bd for at
would suggest, considering the time at whih their ,litightinif
begun, that the matter could be. much furthr along' than it vis *Z
Steps could have been taken'to have askurea decision within-
U.S. Supreme Court, if not by now, certail by the time we
voting on these treaties.
Mr. LAXALT.Will the-,Senator suspend forut: a *miomnt.
Mr. LEAHY. Certainly.
Mr-. LAXALr. Without discussing furth .~he legal, rmifiia
here, we are fortunate in having. on. the flo the very. ablese f
from Utah (Mr. Hatch), -who probably, n-ahas ayoy 14
-entire U.S. Senate, has been involved 'in th legal features.
Let me discuss with you for just a mment, or tivo, 86ee
Leahy, the question beyond the legal -res sto Whte
not it would -not be just good political sefis -t hatve' the- House
on these treaties.
Mr. LEAHY. I think that the U.S. Constituion has'cerys)t
that the treaties' ratificationk should be v otedhi the iedb'
I would not want, for the -sake of poltica science- or poi.dg
expediency, to ask to havel the other body octon them.
.As a, member of the Appropriations Committee, I firnd At`er
frustrating to have -to wait for the othe body to -act first4 on
appropriation matters, but that is clearly within'the Constitat&'UN,
and I have to foqtl that frustration. and wait for it to comeovr
Certainly, -if the rJS. Supreme Court rule 'in this case that
treaty, eontrary to what many legal expert have advised and
appears :to be the constitutional background t o it, if the U.S. ,-Sut-
preme Court said that the House also -soud -vote, on it, th*'i
would say "Fine. Let them vote on it.I i. hem vote on it'!# Buitj
certainly would- not want to pa ss it ov terd as Ia matter- 6 f
political expediency.
Mr. LAXALr. I would not deem itlo be a matter. of oic
expediency. I would feature it to be almost a matter 4TpoliticNO
necessity.
SI will tell' you why. We have had Senato after Senator stand"i'
on this floor and say that despite the fact tht they mnay have &
to-1 majority against this treaty, they do -not feel that they aI
bound by their constituencies.
Well, I will agree' that: we _..capnot be automatically stake.- '*O
cannot run the affairs of. the U.S. Sente by simply lookitgi5f
poll; but I would say that if we do not pay heed to the people out
there, and we have a situation where it,-is 1.to 1 or 15 to 1 or 20111
1, as it may well be in some of. these St ate that W e are zot
as responsive as we might: be in this. Seate if we do not lfisteiro
that, and at least, make it -a considerable factor even not condlu.
sive.
Mr. LEAHY.. I would agree wnith the, Senat rfrom Newad ft' thiat.
I happen to enijoy the luxury of representng a, State where, the
latest polls show that. th e. opinioIn, is Wpit Wi-50-rigltdwd!h







"M.. lxaif. But 1. will ask the Senator one further question.
-U.S. Seixator feels in -his own conscience that his particular
i's right, can he: vote against his conscience, no .matter
o6h kr constifizents might say?
S our ,form of government continue to exist if we have people
Ca6tu floor of the U.S. Senate voting contrary to their consciences?
-1 WALTO course not. But I must say this to the Senator
7' n~t: We could pas .s .oni a thousand matters here on the
9f the U.S. 'eaeand there might be one of those thousand
)dybe a matter of, conscience.
And I contend that this one is.
J.LAxALt-All. right. So be it.
Lzmr., As I said yesterday on the floor of the Senate, I feel
evaiit maority of Member of the Senate, those who vote
*for, and againist' the -treaties, have voted the way they feel in
'coimolences is. right and -'in the best interests of the United
Ido not think the vast majority of the Members of this
have otdin the Iway. they thik will get them the most
mileage,, be way 'or the other. I say that both -for propo-
"and 6pponenits of the treaty. They have voted instead what
felin their mkins &In'ad in' their conscieces, is in the best
ofthe Vfnited Statwc
this 'because: it-is the only way, especially in a 'matter of
imh-`rnificance. This is the only Way the: final* decision can be
tinlyi- -everybody should do as I have done. I am sure they:
mne to the~it own State, talked with their own constituents,
the'matte as' dee~pl.y]and as carefully as they know how.
ultimdue result was 'that most voted by their own con-
A pie~p, because no U.S. Senator owns a seat in the U.S. Senate.
.g Seniator, once having gotten here, has some kind of life-
ure, and no U.S. Senator-
d: PoRD. Will the Seniator yield at, that point?
M. LEAHY,. Can I finish?
RFORD. Who own 9'the 9eat then if the Senator does not own
ho really owns the seat and -who sends the Senator here to
ifimthe seat?
Tl.W.LEAHY. The people ,of the State.
1%0 people of the United States do.
Whe~n they send us here, they send us to exercise our best
jiidgment, to repreoien~t them as well as we know how.
But they do, not own. you.. They do not own yout conscience..
y-nobody-7in the country onyur conscience.
7Fthe hAmi reul .t, the'Senator, when 'he ca-sts his vote; must cust
he vt that, is consistent with his own conscience.
RL'o h iLSnao asbe arguzing the Ponstituio ever
w &Tdinto -this Chaniiber. Will the Senator yrield~t me for
Mr. LAxAjT. ,YeS.,
-.4r .'1;iAAHY. 'T'he Senator from' Nevada has the foR
16 SIDING OFICER. The Senator fiom Nevadastlhate






3954
Mr. FORD. The Senator has been aguing. the Cntuioevr
since I walked in this Chamber, andliew impotantaffie C8 ei~
tion is. The Senator says the treaty should not go to theHu*
be voted on in the House because that is what the = uz
ii sis
Alexander in in about 1825, in framing the Cosiuiv
said to us and to the world that this is where the people'voc g
heard. I epeat, this is where the peoplers voice is her
Now, I do not think we ought to just thr~ow our cowc
the window and not have a conscience, but if we are. trisly goi t
reflect the voice of the people, somewhere along the way-w ha
to say what they are saying-
I think the voices out there today. are saying, "'Big brother sto
to us. Why should we- be interested in the political arena?`
That is why there is less than a. 50-pere at vote in an elO013)
because they say their vote does not count, or their vroice i o
heard, and they are tired.
Mr. LEAHY. I think it is unfortunate if the Senator has lesstla
a 50-percent vote in his -State. In my State we haive usualybil in
the top of the country for percentage of votes. Maybe.ta Wi why
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in our Stat, where opinion is split down the middle on ii





the vast majority of people have come down and- told their &nat
that they exercised their input to us, and they expect us to uae. ow-l
best judgment and vote our conscience.
ii~iiiiii~














Mr. FORD. If it is 50-50, you -can fall on either side then, n
iiyour conscience will be clear.







.Mr. LEAHY. N% I disagree with the Senator. I, could not f n
either side and my conscience be clear because my conscience-WU
tell mne one side, and that is the only side I could go on, irrespN
of what the poll might be.
Perhaps it is fortunate that in my Stite it is split 50-50. Btn
matter how it might be split, in the end result, like all Senat
from Vermont before me, in the end result my consciencemustb
the guide.
Now, I would do everything possible to make sui) i racin
that conclusion and molding that conscience, that the people ofm.
State have the ability to involve themselves. Fortunatelybe
from a small State, I can read every piece of mail, and do, ,
comes from Vermont. I can, several times a month, be in My hom
State and have town meetings. I am probably the only S~iiator'
the country that has a listed home phone number, in both e-
mont and Washington.
Mfr. IAxALr. Mr. President, who has the floor?
The PRESmING OFFCER. In this situation, may we hlave a IRe
orderly debate?
The Senator from Nevada continues to have the floor.
Mr. LAXALT. The only, point I want to make 'is that I will rt
argue with Senator Leahy that when a given issue is a maiterof
conscience he follows it. Of course he does.
But the point the Senator from Kentucky (Mr..Ford) raises i
also valid. We are there in a re presentative capacity. I cannot hel
believe the reason why the Congress and this body, *in terms.,4
pubiiiiii

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3955
Aakt we listen any more. They think we talk to ourselves. We
a dt ewr c~rblusonsin an ivory tower and we are not resrpon-
Ihe th crtafinly true of our consideration of the
CanaMl treaties.
nlybelieve, and that is thp reason why I raised the point
that feneof th**4Hld. reasons for haying the House pass on
tates Ista te u evey 2: years and are far, more
estto th6 Senator 6ro6 VermbntT\ff. every Seniator who
s I iy, was running for office this 19, instead of 34 votes
have gotten twice that many.
Stiators addi-essed the Chair.
LAxALT. I am happy to yield to the able Senator from
ixo O~, heSenatoi-fo Hawaii.
QSRAA. I thankIc the Senator fr-omi Nevada for yielding.
S ntrwell- knows I iierved for 14 years in the Hous of
S prior to. eoping to the Senate. In those 14 years
was there I learned this .much: Generally speaking, Members
Houeas well as: Members of the Senate, may be divided
wegeneral cl asifications. One would be, the issue-oriented,
heother the constituent-oriented.
,,watwuntW~entedL.1 &"und would check the mail on any
and a, Tel oa I recei-ired a thousand letters; 800 were
to the bfll"-M-r whatever was before the House--"and only
Polrted, Wt So I will vote aanti.
IAAT. They vowe b mail.
M~cA, ell, they feel, expresses the opinion Of
f Ot-* xAsM If that is spontaneoius mail, as long as it is not fully
1 r 0 wthat harmful?..
'A sex.JC. If thZSeator from Nevada will let me: make
paitin the event a- shift Mi public opinion is reflected by
snow I suppose those who voted against the treaty yesterda
OW Now, y mail: sb ws 800 for the treaty and 200
q#MV; esto Jwill no* vote for the treaty."
br ate !other, benc4:,: wefn h su-oriented Members of Con-
who ould *a by whjfat they believe, to be the right thing to
doai thing to d-, not. by how many letters they- receive, or or
'tA, partwuar bill or treaty, as in this case; but by having the,
*4x;Dmthemn ithey. are better able to make ~a judgment on the-
are their constituents. The constituents do not, have. the
-&l-Wd8tI Marmbek' of Congress. has .before him. He :can. make his
a n the facts before him and &decd ntaul
weaklat tat, be c=n go back to his people and lay the facts before,
diagpOslasin hJ$s vote, and even win the majority of his constitu-
8448# tli. Mr. President, will the- &Snator frbm 'Nevada. allow ime:
i.b Lhe A,*7enator from Hawai
51 -ka hw Omft As tht' Obiie vdertoolf the *Senator





Mr.r
statenient
.-rLX" TCejI x
M Xq,
r. rK W AGA b
Canal
on he ~tiis'f ihat
Of corse,
fi)6m ei'mon
yesbrday
Mr. AXAL.Whe wastha
wa i te180', a i nt?
Mr Mi-gN0A I he1Ws
Mr.L~ALT Bf~r tleIsi
befreth h oyl f '' '
we hd -n, ~e~~riO 9
Canal.
Mr. ~iiA~A. he Snatr'h~lh lo
anv time
LEAY.Mr.Pr~iien *
TbeP~wnqGOcER il 'ed &10
Th lori hl b h Snto r ,W 6ir
'Mr. A-muxGA.
Nead, o ha h my ied ~tb lrIl





0957.
3 ~tthat on this point.*te Buxrke matter of substituting our
34~ i tha oig 4 #vorytower, and impsn our judgment on all
V#.Vr wasses,j those unijiormed masses, is the poorest stand-
rAxwy. Lsuggest,to..the Senator from Nevada that he. is
wha I adto say iihryseday or. today. He is restat-
inan entirely different form from the way I ddthen. I
ft"AM& jy* owqnn anouncement, for -the Senate, in which 1 said at
7Abn tat i.;any .vote, the ultimate determinant is Igoing to be
ce ,and qy judment`7amatter that I repeated at
40 WYN~pa~g stop I mpade from then until the time I was elected.
.Iunderstand perfecl. .-Y
M. IL&Any. The discussion has gone off the basic subject we were
About before. But wit4 respect to the House voting on these
1V eyintorretatiM,, of the Constitution is that te ant
if tbe -ureme Court "ai otherwise'and if the House
are -ealbr anxious to. have: a: chance to vote on them, they
IMOA Eno, cawe quigkly aspsible before the Supee Court;
Suprome Court says thy shou.14 they, will. In any event,
th'svnplemenatation legislation is be6fore 'us, and since it contains
Pop tion, the Hows will have -a chance to vote on' it.
*iAXster, The only- point I make,, before yielding to the Sena-
Weaucwky, Js thiot- The reason why I inected this into the
W ithe, ratter of the Houmeof RAepresenitatives passing upon
te* o Xar as the ,translfer of property is concerned, is that
ln'hk Ver~are asxypsponsive~to the Amnerican people as are
imf the: House, of Reprentatives,, because they have to
$*srwise eVery couple of years
apaoussuggestions ave been-proposed that we should have it
ait1vagl referendum on these treaties. Obviously, that is not practi-
*04wtype~casetyou have, ihe conflict 'situation where the House of
tatives, more *accurately reflecting the sentiment of the
people, should. pass. on thi's question. It is for that reason,
separteand aside from the. law, that I think it makes good politi-
tT]OW yield to the. *Snator, fr-om Kentucky for an observation or
11;v~lev d'p. X theak the Senator: for yielding.
Jt~e a6 q m our owa way, ha -to ans wer to his own conscience.
frAitk th.~ adeto o h eple of this country, a$ h
lit~blisahe MteAtds, by -those who are for and against the treaties,
baww extensivea Wack of us has to represent hisor her. State as
hoffo Tepect to the 'knowledge. and' the change od emotions as
# tp the; gonera cosiuqIcn, Only speak f~r my, State.
,eTmied ,In our Statq, -with, open arms, oaqd 'gt jjSecrp-
W#aW~tpphi VacE, at a large. meeting m 'ourla ton wiu
RePift a over -the Staewr hr e,, en,heexprse
of~thw treAVy and angre queston...
.aner 'ceae a4n, ila i, Ittm nt i our
heantastwihlarg grwo .Mtng wypoi4 h






















it~ii~iiiiiiiiii
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Stafte Aistlciofngusiednorer collagu ofti oy ofa
Co hade his statemt and has
hareds to -pople ofmync ae. Bu e hav hathupht teS
Depatmenht, Iftomn they commttee tha a omdinfv6,o'
ties..LXI think outhope uSertna.Thoewr llpera
Itt hasetle about.ddd yrer
Thent, bytarouse whoweels eprose.otengtesaebngo
i f d tiiiiiiiiiiiiiii the people of
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havises and the bso-caled I ha m-



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i ng n jiiiien Bii tii i iii
vthe treatyItikte.wn et o







u iin the h o o m beii
btes amsorrae hedil wl
he doeftma the hlo- ighly poresrted otcr id: i nalc
thughtfter mail exporng thesto aspcsadfct fti rayta
ddnot even poccur taore the.'ti
have pThe Supoint I o mae iIdontthe siuto enwh
intrallyshculdtonly asien our ronsiunypntris ofotsbt
all ntons, judgmld for theirove isaylnerrlvnfnosdrn
the treautysoe.acmleer
Mr. 49 SNA Mr. P9pret ofvreidnt, wilteSeaoh Mr. pulicT oInyionld.,nteyh
Mr.nin reservaG.Thisn hasnd edbenmsrdot the red
bthink that puligh opiio whthsin nsadb the Seao rmXI

no h epefvrdteratification of bohh treaties,.h ueto








TSUAG.VI the, 8enator from Nevada will prmit me td
hithe Jaziuary !NBC news survey this followup question
"Would -You favor or oppose approval of the Panama
tyIf an amenrdment were added specifically giving the
Ithe right to intervene if the canal is threatened by
Agn-the'resu~lts, abruptly reversing the original percent-
fed62 to, 28 percent opposed to the treaties among those
Nay or read about the treaties. But the second question,
putht those who, again, had heard or read about
,rdud- da resulIt of 65, to 25-percent "in favor of the

V al~ pollswhih have been conducted indicate what the
'havebeen saying here, that after the people listen to
Oemg, debated here bo the floor they tend to even go
.A'd re weye morp against the treaties, is not true. These
chwere coniducted wore scientific- polls and they show that
%licheVople'o Axkerica learn, about the treaties the more
mp#6porAiV-of the treaties,
~A1X.' "Mr. `President, I must. suggest to the Senator from
'hdhe has h'Un in this business I think even longer than
thbiOe, are 'pills and there are polls. I would think that
stadig Ai~tlow on the totem poll of credibility of the
aethe type the Senator ecie, o eas they are
ydone" but because they are not cetiial done.
i ugges that th6, tecenit poll conducted by Opinion Rit-
Princetol i~s scientifiao, it 'a credible and over the- years
as high degree of credibility as any polling detail firm has.
e-here *th Senator from Utah (Mr. Hatch), who is familiar
5 ualts of this poll,-and I would like lb have him read into
edbrdithe will, the results recently of a sacientifically con-
pull ow' tesues relating to the Panamaz Canal treaties.
Tha.Mr. Presfdent,: I thank. the distinguished Senator
we talkabout polling soxcsand polling people we have
4hwc~piniont Rese' otcsarch, Cotp. of Princeton, N.J., very high in
mdl ndetdtanding of polling. ...
jvRtakem by Ophiion RPesearch is: fatirly dramatic'. and it
.jus.*erecontly -eually,, I think, after the polls ctdb
W eA Fenator, from Hawaii.
rvi~w Iingm this poll was. conducted during the period of
'2,Aithiiah,.Februm-ry 27 98
gibil theargmuvent of the ANstnguihe S "atr
ads W inaassertedzthat the peopl are notas duib as
of ur colleagues in this great body believe they are,,,becqu,,e,
to. "hs oll, their_;awareneso of these negotiations has
ypex the Years, from 18,perceint~inJixne 19751to,69
a t 'od of Oxe phe otebeh
O~F-_,an ,th -is to~ Id t he r'dry, ust A
fig-tkU o ercent-of, Rthe pe Iehlvi.Tee has











ii'iiiii!;
3960
percent. It used to be only 8 peirceit; so -that hasinc ~sd
When those who favor turning over thie canailtoanmi!L
presented with an alternative propoal., namel thtlhM ~ ie
States continue ownership but hipimp~ l the cana and rvie- 6
noinic benefits to Panama.., the large majority continedto1
owknership. However, 78 percent, or three-qurters ofth 6
publiic, would favor continued U.S. ownership under tis ltiiM
tive pane. They also conclude that there is considerable suan t
percent, for a treaty amended that clearly gaumantes theAhf;
the United States to defend thie he anal withelshirpern
Panama. Only 18 percent Of the publie believes ltha h rsn
clarification, Which state)s that the United States CaM dend*
canal but not interfere, in the internal af faire or t fi o
Panama, is a satisfactory defense position.
Keep in mind that 69 percent of the people havre gra wae t
of the ,problem according to the poll LShre&fognit hi of
iiiii "




militpwrl
believe that the M 7ltr facility on Galt Islkiiva al A
ii si.s


ala san hol
under U.S. ownership even if the rest of the Candal Zone tur
over to Panama. My dstinguished friend from North Cwoia
Senator Helms, brought that out very stogy with his -aed
ment on the Galeta Island controversy. Tr"&Anadm ffi
public do not want us to give that up, but neveirithels it -:'
down in the Neutrality Treat.

Y A
There is a majority opposition, 55 percent of the, ETA M
people,..to the treaty provisions that would cost the U.IiWtete
$100 million a year until -the year 2000, with most, aft1 W41;4
involving payments to Panama.
Most people are unaware this Poll mcmnclds, tat the*ai
require the United States to have the consent of Panama bore. w
can build a new canal. Almost half the public, 47 percent oud
favor an amendment removing the requirement for Panamanspo
sent, although, 36 percent believe this requiremen to beargt
According to the Opinion Research poll, a -poll without~pe
the polling business mid recognized all over the world as one o h
great polling sources -right out of Przinceton, NJ., they ml -
that 7 persons in 10 believe the treaties should be sen ktoth
Houase of Representatives for consider-ation under the terms-f h
Constitution that state that Congress, not just the Senate bu e X
gress, shall have the power to dispose of to- or vther POM-
belonging to the United States.
.Even .those who favor Panamanian ownershp of 'the coa X
largely in favor. Sixty-seven percent of those who amfre I ies
treaties are largely in favor of sendiftg the treaties to the 11-umb
Rtepresentatives-
I could go on and on with this poll It certainly, shows thet,1-::
considerable disparity between the various polls .in this counr.
But this poll, I think, has fairly shown that the- Americain pe--l
are not as dumb as some of our. friends- and colleagues inth
Senate seem to think they are.
I can tell 'you I know they are not that dub-Iknow very'*#
the American people understand these issues and they, are cm
cerned.
Mriiiiw t e r l.
ii

iiii~iiiisi

iiiii iiii nii iiiiiiiiiil
, iiiiil~iiiiiiiiiiii
I "i"""""i ''





8961
Egs elghted to yield: to the itniheSnto
Qt arolia.(M\r. H1elms).
.Mr. President, what the Senator has said is true, and
add the further comment that the attitude of the public
ito of these treaties hasprevailed despite what many be-
Sbe an almost unconscionable bias, in the coverage of these
A (thoN be Senatoiaknot talking Obout the radio coverage?
ji~ams. No-, Irefer to the major news. media, -which so care-
oateral supporting::their- posture in favor of. -the
a ni givesaty.
Right,.
.As the -enator knows,. I come, from the news media,
prespecially int~rested ina comment one afternoon a week
1t; whe the disitinuished Adm. ,Tonfi Moorer came by for a
le sid e' ad en Invole in many public events of some.
iohrehet:.his career.:., 1
11ae wag the forsiier.Vhairmain of the 'Joint Chiefs, of
'1070f'to 1974;-
SThAt isVright. Admiral Moorer- said he. had never.
Ot pth' bfe-gided, cov~rage::by the major media of this
14r, -irPresidelit, I dim not talking about the: local
and Fadw, stations, or the, local- newspapers; Ilam talking
`Ne* Yokk* Tithes, the Washington Nost, and, others.. With
fr their right to publish and. broadcast as they
the noethie6 have a dutj t~o: present: both -sides
dIt teey are not 'alone in their bias.
,of the Unit6d'States hasbeien on national televi-
BOminutes, oeraomore 6h: eadh occasion; Ronald Rkagan
ieflr by *n etWoirk.,
X _ nfin' ,a fireside chat statin~g various reasons
Jddgrvent, these treaties ighould be approved.
to mie at the time that the ]President of the United
po doubt baised on information supplied him by the State
4 I iblvbfd pt five: 'or sim mlsco #epios-to be
U dee"binj tho~m-i4n about' 60 seconids. For example,,
le ThittW atteidd neveri owned the C'anal Zone proper-
8*t ]1 v oi'IT. Well, the able Se'nathr from' Utah, ho
gmbke othe 'Subcomiteo Sparaton o
4 thp '0 Cmmittee, kwsthat last Safurday
ont ery questio6, and that misoceto
dut of-the"W'A"ter.
r.aTh, Oiedr-rect.
6,1 Senat A. kniows that three enokinous 6ratos were"
v medrn Icerp., These Aealed _'-Wqere opened "at
Q fei were, several tho~uad~ed p t
he of ~the Ca~nal Zone proqr.So ,s
14 meican taxpayer bought 'A44 paid r'-o ht







Mfr. HATH That is in spite of the fact. we have- had Senatorm on
this floor trying to. say these agreements 'were. leases, Utemporar
agreemerita, anything. but a transfer of title and all the right of
sovereign ownership.
Mr. Hmmse. Not only have they said it- :
Mr. HATrCH. And ownership. :
Mr. HEmus. They have literally shouted it for the benefit o04f~tia
radio broadcasts going out across the Nation. But it stil ii(a
misconception that has no doubt misled many people.
T1hen repeatedly it has been contended, beginning with the::PrW
dent of the United States, that we will not be loved in other .South
American countries if we do not give this dictator ih Panamat the
canal belonging to the people of the United States.
Nothing could be further from 'the truth, even if h it were rl-
vant which it is not. The able Senator from Utah just. the
day laid that to rest on this floor. I think he. referred to a,:,Vst to,
South America by this Senator at Ibis Senator's-own expense. 1 iW*
not go under the aegis of the State Department. I did not use any
public funds. I went, as the saying goes, on my own nickpl,.and. I
arranged my :own itinerary. That just happened to include visits
with the heads of state in each. of several countries representing.
three-foutrths of the population, the gross national product, -and the
land area of South America.
Each of these heads of state said, in effect, "Don't give'Torii:ijos
; ii;;; i,,;;;;;s;:











iiyour cana"iii







Then I recall the distinguished Senator from Alaska who,. 10ring
the debate on the Neutrality Treaty, declared in his eloquent ash-
ion, and certainly very loudly, that the canal is obsolete, that .all if'
would. accommodate were "a few Old rust buckets," as I believe 4p.
called them, accommodating one drop of oil apiece.
Well, that was reductio ad absurdumn on -its face. The Senato
from Alaska was colorful. But he was I contending., in efet, that
the canal is obsolete and we were not doing Panama any favor-by
giving the canal to Panama.
Well, the fact is, as the Senator from Utah -knows, that ,8
percent of the vessels afloat in this world can go through the
Panama Canal, can transit it. The only vessels that cannot transit
it are the supertankers and the larger aircraft carriers. The Senii-
tor from Utah 'know~s that the aircraft carriers would not u49 Whe
canal anyhow because airc raft carriers are not intended 'to -imoe
from the Atlantic to the Pacific or vice versa. You build one. for thO
Pacific, you build one for the Atlantic. Supposedly we have A: two-
ocen Navy whiech weN actually no longer have. We have at best 's
As for the supertankers, there would be no place for thefti- to
dock even if they- went through the canal. So that is: afiother"
misconception the proponents of the treaty have repeatedly staQe
on, this floor and elsewhere.
I am a little bit amazed, I would say to my able collegef~
Utah, that despite the deluge of misconceptions distribute&. by:
those who favor these treaties, the American Ipeople have: instinc-
tively understood- what is afoot on this floor in the discussion .of
these treaties. I am -very pr oud of the American, people:for not
having been any more misled than they have been.
iii
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Iiiiii

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3968,
pp.RAA.Mr..President, wilJ the Senator yield?
Iwould, aebe glaA Ia., I-Toever,, I do not hae he floor,
for rom tahielded t. m, and I am sure he.'will yield
vx~k.M..Peside;,;a parliamentary inquiry h

a OrnqCE, The Senqgtor from 'Utah has_ the floor.
usI., thought the Sentwo-r from North Carolina. had
Paraman QmUa. No, the Senator from Utah yielded the
pulastad th Senator from' Utah has yielded for a com-
tothe Senator from North Carolina. Has he completed it?
.No. not, quite,, Ir Presindent. I shall be through in
ti a Ias: sayin, 1I am very proud of the people of
Sktitewor not having beep misled by the misconceptions
"beew-published anid broadcasted. The people understand
stak her teyndestad ht tAhisi a facility that
uitAnd paid &or with the resources and. sacrifices of
ca eopl;afclt -ttis vital not merely to the best
-of, #i United Sttsbtto the: entire free. world; a facility
by no means obsoleti; and a facility which leaders through-
Anierica fervently hope will iremain in the hands of the
Atthe 'Senator for his discussion on the Opinion Re-
s~~p, fidgvtould- just. add this footnote!.- I doubt that
SOwsa fro= Utah cran find. one mention Min the major news
'txhat potl
Ironm. I have looked- for it and I have not been able to find
tandyet'it is the most: signficant poll taken to date, with
qtdetikina" and from aln angles, and I have to agree with
1Sepator froth North Ca-lina. I Ihave not seen
,1Iih isd. t: td My thdt it has not been printed; I just
Iddlled''alddI certainIy have looked in some of the media
0Ws distinguished Sentor' has, commented'about, here

Hay. IthaAk the Senaorfo iedig
11%ozi. Ipreiate the remarks of the distingiheSea
-4iprth Caholp Sena
Es.1i c Mr. Presidernt, will the Senator fro:m- Utah
r Vn. ithoihflosin mg rih otefoor, foir a questioni.4
OX0A'.-I-thank the Senator fo ''Iding.
no Ikim.Utah, (Mr. Hthhsatd hr r















t3964









to the it peacent am
emientyoly qulfid Wit pregard, wbu i
rii thn te q egaiiiiiupesiis on e m
Mr. fiTSndhatAmerif te wSeayldfrh?
teoiiaqusinriebytedistinguished Senator fro U








_, i


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iiii,; iii:, iiiii; iil;U'iiiii
moniii o iiiiiiiiiiiiconstit u
have auspetimany hemants hours I ilcfrta.
Mr. the treatie I woul by ikein toraano-hsRcr h d
Record aoll conduetiesd by tankotheresac "U,_
Mr. HATCH. Ho much teyimle der h itnuihdSntifo











is S tfHawaii.
Laral Asaid A Ther more thlsand2 ints
Mr. me suiay tis I thanks the Seato oilig
boh et resletiofnpl, and the Senaolnwseeed o o'
qesetion after phrase. Whilespe did nots1hetp fusin










favor of this yeara rdly anbd t
onion ia 48 to experice, in I ti
survey talkwed that 45 of gd
Tvrhelimpotntl findings f-hssre a ht thee moe h
IAmericns wer senfored, cnuthedmr hytne ofvrh
thuanswe thre questonse abou th tratns exrsedbig'ao
oftelin treates hob agy 57prethe andtoebte.ifrepoeh
reue thin texpreaissuoe.wic
Wevoling, that Am erinot who arthtr nomd buh

whthoewoaebter inore favo the tretie.. Believe







W Ytinag,-Os this transfer of $10 ,billion of Amerian proper-
Ahat;questiotn trises out bf article IV,:section 3, clause
Wiuin hc reads. as follows:.

*1to" bbpt te Cngress which means both Houses-
tN fpoWr tip dsti of aild make all: needful Rules and Regulations
T Irito6ylbr o hr Property belohging toi the United States;
ktop to Woinothat iagreat detail today,, but probably
4* Wednesday .of next week I ,will 'go, into it in great
typqe of trrtpry the P.Panama area was and is to the
14,whic wfi` prove, I. thik,&j through constitutional
OWQA boenfhouWd vote. an. this transfer of $10 billion Of
Jn Page .is .bq Ppaue the Supreme CutW1l not do, it
end,,vf tbhis debate, which means, that, if.- we wait until
of gdiat* and. we~deny the House, of Reprepeintatives,
to astr~ricec~tedrnsfr o Amricax.property, which.
't;hey woquld have aL right to ote upon under article
iOcLvse, 2, of th-tQq nstitutiqn, then the ,fait accompl
*Wtd. TU ro,.Jsi,,aot, much We, cpan, do about it, if we
4tetiswhother or Wot the Surm Court ult'imately
thbete oattuioq issues--are-as maintained by
v Pit ously,~egraion of Powers Subcommtte Pn
e tesitutional Law and Amendpaent's Sub-committee of
Aft L4 petunde Mti.04,the point the Senatormae
hum.th $eaato ~pik aeto yield?
4,18,tso m4aay,,askJuim to clarify one thing. Isth
t th pakn te House voting on both of the
Neskam.epekin abut thejHousp, voting o n
a wifer of American, property,. which is. what. is, overed
is eatio $, clause 2,
Job ,tho'Senator, insofar asthe discussion. before. and.
of the nate on the ,treaties, suggesting that the House
06tie 1mame treaties that are to be: voted upon. here?:
AUidrH. No. The issue-is; Under article IV, section ,g clause
Oratilbquote it, 'Irhe Congress," not the Senate alone, "shall
ithip powtr to disposevof -=and make.all needful rules and
Arespecg t'eTeroy or pther Property. belonging't
S pftad "dii rfotft to' the, question, whoy nqt let the 'Supreme
Ad8tisbsI th 'ink --What we ought to cdnoider @sm
issrtounding that- partieular statement.,,,
ining, the issue of.Conffress' -rights u~nder the, treaty,:
W and~d, f, our .dutios under the,, Cos, it*pas It Las
4T iore M5embers -that, boewasee thi constitu-
inkeliag tb wer- efbot~h the andth




4. I!W





ed

to give I WA,
Ao
Pe
pq, =tical qution,

d06 wr-t
ThAt
evense, of Wvaral,

POWM b 0%

.Sf*p III wb**
Old
'e#pft. j)j44je4fl W1

tkh dIlly AA,, a
h6i
V
Over and above thesi6 bongdowatiotw,
V Adw Swom ift n6-1 itcdtww ilh& VA4
as Members 'of thiO**vuU I
thi6NnAibAh 11 -11w,
'Offim, T i*6-1 cr1**ttid 10
deliberations bees ft' *ewier
*v*,
eye oA tl* ConAAAliO
guides usthrIx t1*
S urft& h10
propikky W,
test of eve
bill cqns6tuti&W?-'1t W*tio, ",T
.he oi-* a bs4' c..'.
DO& ;Utive cbA-9
dUtjes* 'HVjj61 6;
,iion of the Co Ipit -

Whenhe'!W-



at*Aft", Ww 1" 46f
1 F-, - 4






3967

Al-iVs st to-eaq that our insterpretation must be final, but only
a C Usttution cpntempaesta all three branches of hie,
enthae a constitutional role to play, and that our system,
redcedto, utter confusion if every decision, min'the first
ce s ellasthelatwere to be made by nine men who are
Atete to offIce nor are, responsible to the people of this
agwo are.
O lih or ut' to interpret the Constitution first arose
first Conagress. it was answered and put to rest by
f'sn, one-of the: men who drafted our Constitution, and
Iwoids Dear repeating today...
exewas wethor the. Pres ident bed the power of removal.
tItution,'expressl providesthat the. Pregident. may ap-
ofalofficersbti contin n intructions for the
aofficeio expepti. ianst n~ces, where impeachment is ap-
* rs of the Hou'se conside~red at length whether
iy- decide the- uestion of costiutionality and specify a
arcss and.,a statute creating an, executivedeamnt
bse to ihe argmn made by Representative Alexander
Virg`nia,, back in'1789, that Congress ought not to inter-
roes of the Presidentj;- Madion~ rose' and addressed the
Beewords:
4wWi by one gentdeman' that "it would. be ofriciou's in this branch of the
tbo'1tpod the Constitution s6 far, as it relates Ito the division of power
(e President and Senate.
ibly 9f as, much imnportance to this branch o~f the Government as
htteCntttonsol epeevdentire. It is our duty, so far
as ~ upon us, to take care that the ipowers of the Constitution be preserved
to evry Department of goVer nment; the breach of the Constitution in one
f a tet the breach in -Another;' a breach in: this poin 7ay destroy-that
y-which the House retains its consequence and share Pf pwer; there-
noat. chargable with an officious interference. .
at objection drawn fromn the source to which'&h last arguments would
htthe I~gisliiture -itself has, no tight to expound the Constitution; that
dioemenng is, doubtful, you must leave it to. take its course until the
is,called upon to declare ita meaning. I acknowledge, 'in the ordinary
ebirnthent, that the exposition of the laws and the Constitution devolves
;ohiliiay But J beg to know uipon what -principle it can be contended that
'd46partment dfaws from the Constitution greater powers than another, in
out th limidts, of the powers of the several Departments? The Constitution
U~he of the' le to the kovernment; it specifies certain great powers as
Oed marksout the departments to exercise them. If the Constitu-
Of 'er be brought Uiftto, question, I do ,not see that -any one of
endepartments. bas morle right than another -to declare their aenti-

statement by. Jame6 Madison %is, found in the annals at. page

OPrasident, James Madison's explanation of our constitutional
of iqislative interpretation. is. no less valid today than it was
18. easago., We hav argt and a duty to declare our
.f the,, meaning of the Constitution., Either Wve honor the
Go itution now or never. But I reject the view that we honor it

resenthe Founding Fathers wanted the'House, of lepre-
velto vote~on the transfer of Americsa Property, is that, they
dM nt ?v*rat Iany Premident- of the, United Staei, or anybody else,






3968:
G11overnmen~t in' the,1gsatw Not i
elected only every 6 years,*.: tat b e 1hi*t' a
people every 2 years, becaxise those am tepolwww
realize,- first and foremost, what thebonsf thfPM
are.
The Found ing Fathers wan ,ted them toit, eai 4r
Representatives, as well as the 100 Senam spakfo the
in legislative matters---or at least shouKlia Iay
the people in legislativ-e matters.
As I look at what has been happening tothis oM
last number of years, I do not think tiyi spak Ifr
people in legislative matters. As a matter offactv
gone through some problems in this con hat
arisen were it not for "the fact that one..p -be
for the past 41 years..We are in the di.mand'fih -01
today strictly because some of our colleaguln8 in tb.& :!t"-*
not done their duty or done their job.-
In this cawe, we have 231 Members of. the Houew Re a
tives---Congressmen, if you will---elected by the. peoplee
years, who have demanded the. right to voW on 'theo
billion of American property. I for one, thik the my ouht
that right. I think the Constitution means wht it as--- t
says that the Congress shall mde thatOcW :
Senate.
Let me say this: If we want- to do what irigh I do nwjot
know how Congress is going to go. I do ntknow...i
gave them this right, they would vote A( t6s tree tol or-,
know one thing: I would feel a lot betrwihe ver i. way theyg
knowing they had the opportunity to vote in thisvr mott
specific area. I think it is almost crcamlto this - rnent @pt
we do not extend Executive- power. beynd wherei. i right now,
If we allow the President P throug th represnttves of Abi
Department of State, the Ambssaors an other, to w igxi*t
House of Representatives in this matter, sicethyav at I*
demanded it and the Constitution madaes:: -it I 'hik Vvwe. ama
going to be in. trouble. I think we will allo the: P-eiet wn mew
fell swoop to extend his powers in tviolatin. of #aratisOf
powers doctrine of-the Constitution, to..th- derien o-the,'i
of Representatives and, I thik the whol C" s&AnwhwA*
Senators, would have abdicated our responsibility, tos d up teW
do what is right in this matter Wo iddista the prte a of the
rights of the House of Representatives as well asteCongreew
I might add that the 231 Congressimin ae wia Uoa gxuAop.
They are not just Republicans, they amrno just::.'te
are from both parties. And they are not al- inthe'treaismA
number of them are for the treaties. Bu they kowhat ias *t
issue here.
What is at issue here is one of the most iportstut Ioa
issues in the history of the country becue- it -nom the veiry
balance in the separation of -powers.. The Fondng Ftherw said
that we have three coequal branches of GIenet and, not. just
one President who can ride. roughshod or the bt~hr:nhe 'Of
Government.






3969

heWb frank.: when Raouln B-erger, that great authority on execu-
$16 pivlege, was backing those who wanted to attack Nixon for
of, the things they said he did-and he should have been
-he was the hero of America. Everybody was talking
Berger, the 'great constitutional expert., because he
igthe way to, impeach, a: President, in delicate. matters of
.I tnkhis opinion should be interesting to know,
ogree with: Senator Helms:. I agree with him that the
Omajor news media i this country, have not covered this
issue, and itAis the most significant issue in this

as ellyou this:Yobu' wil b6 interested to know that Raoul
r, who, himself, would vote for these treaties if this problem
up, has come out in definitive statements and made it
clear that.,unde tho Constitution, the House should
Ithis issue, and if the Senate'refuses to allow it, the Senate
Oq jtingmin extending the Presid~ent's power over and above
-A c oe-qua rnho h Government, meaning the U.S.

thtis what is involved. here,, and it is no small issue. As I
4Ad, it is one of the most important constitutional issues in
of the. country -rigarding the powers of the President
*,scope of 'the treaty power.
mne read, what Professor Berger had to say, the eminent
tioal authority, formerly from Harverd University, when
dbefore Congress a few weeks ago;
N' hmte me to comment on the relation between the Article IV, J 3(2)
10s to dispose of property of the Uinited'States and the treaty power.
$ in avot f thePanam Cana Treay, I share your solicitudefoth
fconstitutional boundariesand your concern lest the function com.
Ito Congress be diminished. I havei long held the conviction that all agents of
States, toe they Justice, members of Congress, or the President, must
,:tbms bomiAries- No agent of the people may overleap the bounds of
'power,or encrbach on power granted to another. That is the essence of
:a gvernMent and of our. democr~atic system.
Jsll what we mewa by a. separation of powers. That is the
df -American constitutional life, that we do not have any
&W~those coequal branches more powerful than the other. At
they are supposed to be equal, even though at timesoe
h owrek of leadersh. d rise above the other.
-1s no -question. that. the Senate could rise much above the
stOnf leadership if they would just recognize the House

any event, he said, In essence,, this is a balance Of powers, this
searation. pf powers, -these are three -coequal branches '.of
t. This is 'the essence. of constitutional government. and

Ct ef ths eaig r-Ange beyond the Panama Treaty, for the Panama
canio40*tute alandmark wiprch, phould the State Depatm'ent prevail, .will
d-% a Ju.M a "cn rn j$isitin of the President in the disposi-.
Af Tbkeoaitatea prope-;ty. For it needs constantly t.be, remenibered that a
toblixtiens Wae circumventedt Senate participation in troaties Of ga
Ag sprtto.ExecutiveAgreements. kcquiescen-pp, in sucifdaims spells
AttrittenM oogesoa pggr.Yu~nitne on respect fbr consti-







y








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3971

ft 't* when it stated that.Article IV "implies an exclusion of all other
ovrthe property which could interfere with -this right* *"
eral Griffin B. Bell conceded in his statement before the Senate
'ohs Committee, September 25, 1977 (hereafter cited as AZG.), that "the
wesgranted to the House of Representatives and Congress in fiscal
I, section 7,. clause 1, and Article 1, section 9, clause 7, money bills
ospower) preclude 11in 'treaties self-executing to the extent that
iolethe raising of revenue or the expenditures of funds. Were it otherwise,
t Senate could-bypass thepower of Congress and in particular of the
of'rsntat .ives over the purse-strings.'#
,,, ~eAttorney General. went on to say:
h Iebr etions 9 and 7 are couched in quite dissimilar terms. Section 9(7) is framed
$4 erlpof-1at prohibitiom: "No money shall be withdrawn from the Treasury but
nee f appropriations made by laws*** Section 7(l), however, merely
A&, "All bills for raising revenue shall originate in the House." Yet the
Ge-neral reads j 7(1) to preclude the. President and Senate from
the power of Congress and in particular of the House of Representa-
prer pursestrings. What is theme that distinguishes; "All bills ***shall
int the House" from the Congress shall have power to dispose "?The
S'yof the distinction is underlined by the State Deportment's concession
tismay (not] impose taxes." Nothing in the Article 1,, 8(1) "The Con-
hav power to lay and collect. taxes" distinguishes it from the Article IV
Sshall have power to dispose"
nt. may, not by treaty 'bps"the power of the House to originate
tidingbils, or the, power of Congress to tax, no more may he "bypass" its
to`diopose"p 4A the prwoerty of the, United States.
litrteotimony before te Congfess, Herbert J. Hansell, Legal Advisor, Depart-
of taeand Ralph E. Erickson,: Depu~ty Assistant Attorney General, cited a
caoes In support of "The power to dispose of public land ***by treaty."
sacet part they fall under boundary treaties or treaties with Indian tribe
wWllappear, turn on circumstances peculiar to themselves. Preliminary
s qcitation of Mfissouri v. Bolland 252 U.S. 416 (1920). It arose out of
Wg to the treaty with Great Britain for the protection of migratory
annually traversed parts of the United States and Canada. Justice
the ient that. bhe: treaty infringed powers reserved to the
Amendment, stated-
bircds are not in- the posseesmon of any one, and possession is the beginn
alp. he 4oe fo1 daio ofteSa fights is the presence withn theirr
$16 o bidsthat yesterday had not arrived, tomorrow may be in another
ad in a week a thousand miles away."
treaty cases constitute one of the pillars of the argument for "concur-
Sand Attorney General Griffin B. Bell referred to them as "a substan-
of'-7preme Court decisions dealing with Indian tribes which holds that a
disoseof roprt belonging to the United States without implement-
6 ion under Articlre I, section 3 .clause TY.
with Jones v. Meehin, 175 U.S. 1 -(1899), both Hansell and Erickson
is well settled that, a good title to parts of the lands of an Indian tribe
0 granted -to individuals by a treaty between the United States and the tribe,
Aanafwat of Congress, or any patent from the Executive authority of the.
T Iitsl Sate.'This -was because the treaty merely reserved certain individual
*mesfrom~the tession to the United States. It "set apart from the tract hereby
,y .the tribel.a reservation of six hundred and forty acres" for an individual
Oo ad the ione' was what kind.;of title did he take. The'Court quoted from an
of Atkorey General Tangy, destined before long to succeed Chief Justice
Sreservatiolks are excepted out .of the grwan made: by the treaty,- and did not
re pass with it; consequently the title remains as it was before the treaty;
tt _ay, t;Ue Iand reserved are, still held under the origiidal Indian Title.
ofcourse, distinguishes that case and does not make it: a
pT O tttp State Department.
hedth~at "tfie resetrvation, unless accompanied by words limiting its
do qiv*let to ,A, present grant of complete title in fee simple." That
gg g~tiggagapabl'rypndedto the fact that tribal lands were generally held









remained in the IndisheL M7
adch x6reserW, provisions.
We might dismi 4 CUS. 211 (IM ,
.9. 211 IOM
Beffi notecl, ""?,he Court
becauw Congress h,
A.G.S..
In other vAyrdL% Congftgw did eZACOY, wopwV* a*0,7
be clone here.
Nevertheless, the Court, in what he tifnis a %6b4 4Wikr,-
are Many allthoritieo wheM it 18 bold, that & US40, L Aft
tide to such lands without an AA of Congrew mWerift 4*
study each of the cases cited'by'the Court for this mwrfion,
an appendix aftached to my statement befime the Senate S A'
tion of Flowers, There you may see for yourself that hW of the cinstAge

I should add, these werecited b the
Attorney General-and were entirely
I I I I., -
and that the reA concern "reserveW` under whW as o
passed to the United States, but remained witheipivet
dicta, it is: well to bear in mind 49bief Justice TaaWo
"opinion upon the construction of the Conskation is idwwys epic
it is supposed to have been founded M" ernw, and that its
thereafter. depend altogether on the force of theTes*mbg W,
By that standard: the Holden dictum is no authoirity at alL,
As to other treaties, Hansell tells us, "the Precedents
dispose Of property by treaty atone can be found in the to" M06 1
neighboring'powers, especially in the treaties betweeb the, UsitiA
]Britain iv 1942 and 1846 for the location of our northeastjbit
aries. Settlements of boundary disp am hot rft1t,
States property. 'Pflm Oregon boundao diWte jpv 10 *6*-" "1
claim: "Fifty-Four Forty or Fight" the &id* on
down to the forty-second pandlel. Only when
at 49 degreies could either party lut it
commentator, ESamuel 0-andall. ph m-w4 i 00-
disputed line operation not as a treity r bgto,
Among other "amp1m of alleged tren 6"ikiif or
the return to Japan of the 14*VU Todan& jBy
Peace with Japan, the United. %tw received, the "OW',
powen of tmtion, and"
tants of those islands While Japm renouncW in-, 44
and claim".to various tdrritorim, it m no simaw
the Ryukyus. Quoting the I*gal Advisor of the State Deparboeak that
over the Ryukyu. Islands remains in Japan;' a, Distrk;t
solvereignty over a territory may be transferred -by an. m_- - - - ---- --
concluded that there had been no cessiom The Fourth Chvvik
quoted a statenient by John Nstw 10ulles, a, del"Pto 4
Peace Couflo'kence, that the aim vnia "to p6rmlt J4&ft t6 Vetida
tYP" and it held thatthe did not *1h61W4*4
and it remains a foretei =try for pdrposes,.4*, i14
Em sum, Messrs. Hansell and Erickson haw failed to bit a
President'it' "concurrent juiisdictioit"" vjtfi, Ci 6in AW Ajzlt "r'.
States property.
It remains to consider the arguments adVatied"b"
the: Sen4e Foreign Rdat*rsp COmmAtem- He, citoa,
U.& (7 Pet.) 51, 88-89 (1833) to prove that
clauses of the I Florida Treaty with SpaiA.
rihts' territory." AG, Attb* Ad"
ME newly acquired
8 6f the treaty provided, 'W the gftnim #
1818, by his Catholic Me.Jest in 661
United Stat shall be'iitified and cbhfix*eAtW0 %
Ian # # V4







4AhkAI*I6%Chefutke Marshall hel4# dmust be intended to stipulate for that
of rivte roert whc the laws and usages of nations would, without
othe wodsthe treaty provided that prior Spanish grants to. prvak persons
Amuld be r mdohfiimd, a provision far removed from presidential regula-
iw, f'o~bh Oritory Such regulation is confined to Congrss as Poster v.
Va~ml ITU.8 (2 ei. 253, 314-315 (1829) held with respect to the self-same
90. th raifiaton and5 confirmation which are promised must be by the Act
w~a-A0 tut'oie, C.ogreess
REA EN THE LML91ATMV HM'ORY OF nHE TREATY POWER

reahe ne late of & Saturday afternoon, as appears *in my own Senate
I -ad Abdy iabot t5v d ys to prepare my comments before having them
toe, ad orwrdAt-tb- the ateCAd eitee. Pressure of time conduces to over-
I amstaken Iriaectn a. .time. sequence, and in following the Attor-
_N j-a'fser.neou : identiiction of a,,motion made by Williamson and Spaiht
he~attibd Ito Sh*n Mand Morris. Lilsure for reflection and further
analais.And-it hs rengthened my conviction that the treaty power was not
t diinih he Article IV liower of Congress. '
r Ih mot prt he Attorney GUettiel's citationis have reference to settlement of
&spt~e -by trealties of peace which, as we have seen, do not involve
K&'egi~kwith -a remark of George Mason in the Constitutional Conven-
p~ks- erare atemnt dumi a delbate on whether the Senate could share
4n~~~~~~~ reeu-as'blspa ingbr.exclusiqu of the Senate, Mason
L%6Sente cudaiid sell thebhle country by means of treaties,"
Adiiin ~neddow thsotraagn overstatement to that quoted by the Attorney
Qanea "te Seateby mneans of a treaity. might alienate territory, etc., without
Ogtie sactio.7A.., 2 Ferrsatd 297. Mason spoke before the Article IV
4,040'r was eve prpsdi andi r~red to the Committee on Detail, 2 Farrand
4*- Und of coIi~ befr the resltlant "dfillposition" provision was debated, id
hiserlie rear hardl exprese~d the view that the treaty power
4Gneal!0ofe citS ation will be considered seriatim.
We illgo nto those more as we continue this debate on these

k=tyig.to.s A-y is that we have initiatives right here and
"!,hid-iyvdivse ithe b~alanc of powers of our Go vernment, our
j6"~tioal sparaition of powers-'doctrine. It is lightly overlooked
an&ligtlyr~ arded, not only by the administration and the State
etad the Amasdr nthis case but also, even by
oftis august, body, who should be most interested in
rheights their fellow Members in the House of Repre-
iie~adof theCoges
4.4"t~kWe:.should not reject the opportunity and reject the
4040df theHouse of Representatives to approve the transfer of
AT rt.
'hoght I would like to finishwihaditsti:I
Idd*0tt~fk i is: right for us to abdicate our responsibility to
wis itatinal issues ina these treaties. by saying, "'Let the
0,1 ~ulttake.cr of 'it," when, 'We: know thoy may never,
M 61 male ofitby sliding off the issue on a-political question. basis.
(Io no se hw the Supreme Court could slide off it on a political
q*66io baiswhen one-half: of Congress would, not have any say
Sentefails to reco'gn'ize its right to vote on the
*i&A df 110billion of, American property. So how: canthat be a
4deio? If they had -somne right -to say "we do hnmaybe







would, beu deprived Of their riki "t6 have Membt*ers '4f
stand up and be courit od tj:&(e.,of` tfajfk
property,
As I maid yesterday,. the nmq s "ict that'
yesterday was that, fr the. firs time in -1 th- 1 +
American eople know which.Senatos Voted for' es
which Seniators voted 'against thes trnties. It is signj'[
ever way the ball bounces, that the know this.
Iknow one thing: 'The people in te United'State"'of
are starting. to realize that tia just the first batle
the Neutrality Treaty ini nortm I -;ything il'a h
Canal Treaty, which: we. are. presetl" debating,'4nd Lhi~bliC
debate well. into the: next ainubero weeks,, isiratified.- c
If the Panama Canal Treaty "i nor'atified, if those
my view consist of 34 Senators, 4 rA week r" p'l
ever these debates oe oalo n the 1eutralt
not be of much moment or value. itar
I might mention, also, th.. it is ortant `66 note that-
brought the Neutrality Troaty 11t f1'rit knew that it
more likely that :it would beha -d th"ante Panua'm
Treaty, which is filled with, a~mbf it3, filled wi mista11VtVa
between the Spanish irskion a4 ft Kilish`vers-ion, il q
of the United Stat4, 'cowtly' to teUnited' States, ais 4
inferior to the bad treaty that the etraity TTr'eaty was. m,
I think it is important for the pepeto know that those 32 46WW
we received yesterday were piry fica'nt, becwatise we*s .0
two more votesin order to. defeiat, th anama: Canal Tet,
Although the debate in the lasC2:r 23,days has -been exrnWn
important, it is nbt anywhere nearas important, as theT4
the future on the Panama, Can-al Treay.
Much of the future of this counry 4'Oe qnd oa.,whatwo risi
the next few Weeks -as we debatet. secon-d, treaty. LI,,or~qi o e.
that some of the ambiguities,, th Aran st'to er ostherov i
whole paragraph in thelEnglish vesion that is,. lef t out, of. fo
Spanish version, and it is substan -e-will not.. invole -the 9apA
stonewalling, that we saw *n the Neutality Tret-s s
I think the most significant sttment that, was madeijAnglV
before we voted on the treaty: y.;serdy was that if theose reem*-
tions and understandings,, which eveyoy was: so eager to misaweo
deal on and get into the resolutio orati fication,----f they. woft 0o
binding or. so important, why did no weha~ve .t4he lcolrrAge'.4m, p
them into the treaty as amendment? Conversely4if the, vm~x
ments were so bad, as they werd stoewalled -4and shot o
after another., why do we have tgot~he the bother of tr i"Ti
correct them with ,reservationa: .understandings, wic s
number of people in this Chamber knw, am. not legally,in pB
Panamna not -by pirinciples of: intenaibnal, law. and zootb
own constitution? c
I believe it is important for thp.Pole: as they see their S
during the next weekend Or. durn the Easter recess, -toex
their point of view. If you think, th atlb- %) ovettoit is- not" Taxi
battle is. -before, us; because: if the Pan CanallTresty Zeet. 4!Oq





3975
**; becomes incumbent upou us Wo try to negotiate treaties
Jho faiir not, only ,to Panama but fair to this country and
66.01" interests...
to the American people, as these men come home to chat:
of, 40thY, tell you, "WhVy, 1. protected you, by, getting you a
n orundrstndig,"you. might as: well know that sinc
dtlegally -bindinig either. under international or Panama-
M oaU l "law, they have ',ot done anythiing except to
Oiewselvesw: so that they would have an argument when
home that they have been working: to try to do what is
itwillpay6eirerjone in America to look at the quality of
ta that were pt'f forh oneight after. the other by
*i iated, inigtulnd itlget Senators, who *ere
ft the- American epe*a~nd were stone walled and shot
thi. Vbry same people bho'claim that their- reservations
d&thanderstandmigs were protective of their interests.
a & td'hfe 'not vote. for the aedmet to thetrayisl
ryi~dg to put these reservatio'ns, and understandings in?
-wr to thait is because the President has said that if he
tlpose treaties, in exactly, the way they are. written, as
,Torrifos willnot take them. I submit to you that
sk-6wheitever we send to him as long as it is basically
to,, not 'because of the uise-, of force, but because he
thaitibese amnyren ts a.Rre a. If.w do not enact
JLto: the PzmaCanal Treaty we "are, going to be

'un quickylyhroug a .list of some of the substantive
meritorious amendments which have. been defeated,
by ,t4ese very same people who are pushing the reser-
understandings that are not protective of the Ameri-
iv u( oul like the people to believe they are. Listen to
hemeritorious amendments that: almost all: of these
utdown. time, after time, amnmnsthat they: them-
wuld make the 'Neutrality' Treaty a much.. better
mei aore, protectiv; of the UVifted States of America.
togitoiou amndents were defeated because of the
's wish to avoid troubling the dictator. of Panama with'
r eecton.This, list is.,by no means -exhaustive but is does
ioea of what the:Senate has ejectedduring the course o
.To me these, are not...by any means "killer" amend-
hitt agsubstontiv improvements- without whaich the
71 Mriairy 27, by, Mr', Alen,, an amendment allowing contin-
,tlt~bar proqoace in Panamzauntil the year 2019, if, the..
I,*rb ed, aA;to its necessity '
4 h Mr Helms, an amnmnt allowing continue
of .tV= hih1y sensitive Goleta Island'communica-
'J pwstesel mprtdat to us.
8by. Mri' Stevem an amedmn probiitjng, transit





3-976
On March 9, by% Mr. Dole an 'amendimetI
United States.atort to interwaemi'a e ha
States alone determines that the neutralityv. th an44 iwsl&l
ened. -. rmr
You would~think that that, would spettainly b ibe, oetal.,Al 44t*e
On March 10., byM. ens, an =adment-m tting
Mr... He iU


xJse
dures, for peaceful.A _4ol in ..of disputes, but, inh event, q
to the neutrality -or security, of the, canal coul :* be, egl
peaceful methods, each party would, have the rgtotj takeqg*
erally, the measures it deems necessary,
On March 10, by Mr. Dole, an am endment a l6vno n*:f'o~r.,.-n"',
U.S. military presence by mutual. United States-Pnaman~ian- ai
ment ater termination of -the Panama,.Cwanal atv.
On March 13, by 19r. Dole,. an ~amexwdoent' -ll th1W
States, independence of Pnama., toecare teexisteo
emergency which would permit our warship s -ofther
sage.i iiii
I could go on and on. There were a lot of ar ents. a
We pointed out the translation difficulties btweeii'
where they take their Spanish translation. to %.4one tb ipg
is very favorable to them. and unfavorable to :'ka
Do not tell me that these amendments we-r: n pe
liiiE


not tell. me th~ey were not protective of the, Lotb stat
iiiiinot tell me they were "killer" amedments y wr
ments that any red-blooded, person. shiduld hav passed'
they would protect'this country withdut: injurPanama.
I1go back to the original point that was madeby the'pr~openW*
of the treaty -'here, and that is this: I think thtwhat is
involved here with the stonewalling is that the nents of tfsoj
; iii iii,iii ,iiq


treaties really do not seem to believe in d= ci#. They dB
about democracy but they do not want the Paa anians" to
iiiThey are unwilling to protectthis cnty an e another
scite so they can vote on -whether to accept the prvisions"
have tried to put into these treaties.
i""ii~~iiii i

Mr., LEAHY. Mr. President, Will: athe Senatr. s that
ii Mr. HATCH. If I could finish then will e ighted
M9r. LEAHY. I wonder if I understood: %the: Beidcr' -eorw
he is suggesting, because some of these amiodzmcets wermed
iiby very large Majorities of Senators--

Mr. HATCH. Almost all were defeated that way ....41tl
Mr. LEAHY. That:U.S. Senators who voted ;*ifst them db ubt
believe in democracy"4s that what he -is suggestin.Q
Mr. HATCH. That is nOt what- I said. If it -cmeTot tha-t wUy1!
certainly will correct it. I am asking, do they b elee int-4emoctA"Iff;
My question Is': Do the" United. State- Seaors who hWte
iistonewalled thes amen ent-no that migt dethe it
guished Senator from Vermont -and it wghexcludi, A'I'
others-really believe in democracy? By stoneidw g these amnefd
ments, which'are protective of the. United Stat 4 ,nwhich,,ahndst,
iiiieveryone I have talked toincludiproponeo ,o




admitted are .,protective, -do they bellieve in. demcrcy? Is, it Aeosbi-
cratic to deny the Panamnas a chance .to? vteon amada
risoi iii b iiiiii

tthtrayIidmcaitodn h:osofR Ion iW




anoprunt oaprv h tase f rpry






3977
J'Astl I might suggest to the Senator from Utah that any
e ha$, voted, contrary to an amendment that I proposed
Abavequestioned that 'Senator's judgment, I might 'have
for issoul and redemption, but I .have never ever ques-
belief in democracy or his belief in the United States of
d I have not named any Senators. I am saying this: I
a,question, do they. believe in democracy?
ntit this matter of the. Houje. vote? The 435 representa-
r6hipeople, according, to the leadership, are going to be
of Tight to appear And vote en these matters, vote on the
ofAmerican property, as: I said, $10. billion worth of
property. I think that we should be -pretty solicitous of
A tre over in the House of Representatives because it goes
Ji*ther heart of the separatioA of powers: doctrine.
t e :A t ayig ia e weprotecting our brethren in the
ibftRepreseitatives? Are we ;projecting our own democratic
&4* paostitutional rightsv.
-aft a bahderstand that -the, Panamanian people deserve to vote
'ftandkoter of these: isus'n i's not our duty, our highest
touphold the. -Constitution and also to protect the
United States fihst
bwek-to the major point: The .rfact that the Supreme Court
whihtnot be able to resolve this dificulty does not negate
the resposbiiy, or .-the -obligation of Senators in the
=ato to-deternmine cnsitutional, questons.
-we owe it toour brethekrrn Blth ouse of Representa-
I dr one ash gon Wargue that, they, should have -the
Ithik teyhave, made. some pretty strong: arguments
NOM hdre testiffied before some o f. the committees; and it -was
Ato m~e, if .you: .look at the, list of the -232 Congressmen
kwholhave demanded the right to vote on these matters, that they
radprie te cairen and ranking minority members of an awful-
:Mare nuberof cmmiteesove in the House of Representa-
75h*6. pple, are not stuxpid and these people do not like to be
a f" voting ".on Athe transfer of Amercan property.,
they- are- for or against the treaties; and some of them are
the for and ome ofthem- are against.
M~athaarbr first consideration Jis. to determ ine what is best f"r
agppfgwhAntis eIfor o6ur::people and still,, at the same time,%
i n mind what is-fair: to Panama,. what 'is moral, just, and
Augonleagesknow.. hv never Advocated that-we: should
igpwith ;h 0itray ot from -the beginning of this, contro-
-iilnow-,, J have- always, saidrwe need to at least upgrade
even-though, it'has been .upgraded twioe in the ,1936
amendments to it.
f" certainly should improve uapon thepe treaties if we
widofthe unhgax dtes and the didleulties- so, that, future
whhwe tan, forese ew, will not Amu AMd cause us
difishty nd, discord than. oe are already uadergoing.
ha is the dangetere fadimg, In, thisatter. We have






3978
ofIt is my understanding we are going todcustwo
bills on Tuesday, '. 1 suppose it will take Monday,.
maybe longer because there is, a lot of -feeling on tiswo
Senate.
I would just like to encourage my co lleagues in the eat Ab
other side of this issue that regardless of whether theyd
treaty or not, they ought to seriously consider -not abso -_,
power and giving it to the President through an, extension,4*_e*
which he presently does not have under the Constitdtiodim!
I did not take time today to go:, through. some, *of -h,
statements of eminent authorities *in this ared. who.I h-p "d
that the House should vote in this particular. area, bttt w~e, ld
go into those. We will go into whatever the neicessary aes m-a
we discuss -this great constitutional question in the future--ei4
I think it is important, however, to ask the questions of ,wat
wre here to do. Are we here to rubberstamp a treaty in avr4t
Torrijos? Are we here to please -Mr. Torrijos? Or arqe e
please the people of the United States of America?
SI personally feel that the reservations and 'Understandinsoi-
charade was in order to to get some argument settled withrset
to certain Senators who were very concerned about their Cb '*
encies. If those things are important for: the treaties,-le tgo
them in as amendments so they are binding on boh aibm
If the amendments are not important we can vote thm
But as we present decent amendments we ought to at lat od
er voting- on what is right, and as we consider thezontitti
issues I hopefully urge my colleagues in the Senate to.a
them as deeply as they can and to: consider with everyhn-
have the rights of the full Congress in this matter,th
language of the Constitution, the case law of the, pas,,
riht of our brethren oveF in the House.
[r. Leahy addressed the Chair.)
TePRESIDING OFracER. The Senator from, Vermont,;.
Mr. LEAHY. Mr. President, I expe&* e -will not be her!&w
longer this afternoon, and I would hope, notwithstainding blc
that it is St. Patrick's Day and, perhaps, some share a=
me, some of the people in this country, who share ancestry wtb
might have found their loyalties torn: this, afternoon bet-oolcr
tain celebrations that are known to take place.-in the aoub,,*
March 17 and their overriding desire to .sit by ;their &AI
listen to every word of our debate toda, thtIt scne
we may not have a total radio -poptillation left 'at this onL'
Friday afternoon, and that maybe a percentage, possiblyeet ; W
significant percentage, of the American. peple are: mot do
everything right at the moment to listen to every: word-v
debate.
.But for those possibly. dwindling. numbers who are stilltveI
think it is a fact that they should, know. that the Senatei Wl
aware of the Constitution, is well aware of the history tV
Constitution, is well aware, as is: the Senator from, Voimntwfl
aware, of the fact that the Senate advises and consents to-raii
; i~








is~









not th oseo epeettiebu ht h eat diss n
crseniio
ii'iii;
ii ,,





3979
.u for those who have been. listenin :to the, debate
abtre athome, codeerned, perhaps alhaost overridden with
th6 didas; of Repreventatives. will not: havre-a chance to
Watogand~thooe, iembers of, the other body who maybe
'46thin on thelipr mittds in recent: wek but their grave
%Jfii-.disappointment that they also would not get a
oh-enthe treaties,- m sy that there is a light for them
of19e Ooultd put aside to siome extent their fears and join
ot &anwho"'Nive an Irish ancestry Mi celebrating our
9feast, day today because, M~r. President, they will
to vbte on some aspects of this.
4 ientation, lbgidation will have to be voted on in
Tli now that fhis 'wilF -come'as` a:great -relief to the
Riht~lose beane1- know 'how eagerly every oneo
feiheswa~ntq a chance to vote either for or against the
IB~~ie, JM01 when imieexatio egislation reaches there,
*&de on it with an eagerness probably surpa*ssed only by a
vote on t~e pay raise.
st efirher,, if y ou will recall the persion-by- person pol
*ftheHquisie of Repreentatives when it looked'as if they
o A cdiance to vote ohhepyrsewen is Was, as a
xylfondthAt-Qie'-pay raise w'ould l4os9e, I, think it
5-to-1' argn hen, somehow something slipped up
chne to vote o ilt, and the pay raise was passed.
s~whhadVoted agans the pay raise were by that
livid orcedAgan their wills. to accept the pay
lhieveln though- I suspect thatmsMebr of the
ve in. ru "able to enjoy St. Patrick's Day-for fear
b)no get a chance to. vote o -the Ppnm sute
fiovlote'dn iit on the implementation, as will. we all,
r. llhiap'ofas who, like myself,'.serve onx the Apro-
the, wllget a chance to vot on it twice, both'in
"Dipn.the flo~or.
dent;,, iht is all I have t&$" "atdy, and I yield to my
edcolleague from Maryland, Mr, Sarbanes.
es ad esk the Chain]. ..
rmc OFOs(r atsun aga) Te' Seaor from
r. Sarbanie6) is recognized.
ANS.Iwant to thank the' very 'able Senator from
OlyLea) for )f iving wsSt Patriak's Day: here, on the.
ilent., I am, not going to take the. time of mycolleagues,
dahidno hut-,l doD want to make some observations
tya concerdvgrthe permanenxtneutrality and operation, of
Ca~skthaingbow, advisect and consented to Pa yester-
0 atby a -wteo M5 to 42-mad4 anklvwyar truck-by
W reqtdement awdtkb exro~rdigiary:sjrt it .makes
444keesethe UitedStatefs, fo evq* oe gis
i snecessary to, have two, votes orh Itety 8











or, t
wiR ha"
I ,


bleo, Mr. Prom,
to-this



the,



Mr
w w

u inn erwre., 9MPAMM,
period
All
PrOviOhs,
theunit(a
Under
lbrogulatt

ihwe are
Among


9
a6d
through the
thiagat
U Swe, fa r
the
TM va
watem desdr fdl*l I iitl-
atich otber arew instal 44 0 .. lo
t1do treaty'S OL AL-
-AL
S&CMd, --the, VakeW
alteradow to ihe

Ahitr Unfte&ft&l -*"a
ing to the

the
IL
"df



tote,
T





3981
adhoseft are rather extensive rights.. and those are the rights,
mgothere-because the treaty goes on to set out some general
vpisions-which the:United States will have over the next, 22
In the operation and the management of the Panama Canal.
aeurse, once we reach the end of the century, the transition will
#coomplished with the operation and management of the canal
kingdon bythe Republic: of Panama.
tjeaty further provides that icaring out this function of
andoperating the canal it shall be done by a U.S.
ment agency t be kn own as the Panama Canal Commis-
Nne members five of them Americans and four of them
121"nans, will comprise the. Commission.
"10y will be the board which will supervise the work of the
aA Canal,fiJkve of whom: shall be nationals of the United
adfour ..of whom shall, be Panamanian, nationals proposed
the Rpublic of Panama fdr appoinitment to such positions by
nited States of America inatmlyanr
kthe majority, five, will be Americans and the remainder, four,
I be proposed. by Panama to tbe United. States for appointment.
4'e treaty also provides that the United States shall have prima-
uLvapwnsibility to protect jand defend the canal. There is an
agommnt, comparable: t9__ status-of-forces agreement, which has
Ilidnegotiated to. cover the. rights of our military people and their
dnts. We will have the primary responsibility to protect and
the canal.,
14aeilitate cobpe .ration of the Armed Forces of both countries in
protection and, dfense of. the canal-and this, is an effort to
out ai coperative -relations -o hip between the United States- and
epublic ofPanama--there will be a combined board estab-
by the.-United States and the Republic of Panama comprised
amiemual, mumber. of senior military representatives of each
,0,6y. heae- representatives shall be charged with consulting and
i aig. on, all matters. 'pertaining: to, the protection and defense
canal, and.:w with planning actions to be taken in concert for
IS the're, i& ja combined board that will consult and advise and
hetteaty goes on to provide that such combined protection and
AOMM-arrangements shall not inhibit the identity or lines of
,.othoiity of thqr-Armed Forces of the United States of America or
the' Republic of Panama.
e. ^hie we have this combined board for the. purposes- of consulta-
tida, or the purposes of advicethe lines of authority of our Armed
rcmes. are not inhibited. OcoreasI mentioned earlier, under
aother provision -:of this treaty. the, primary responsibilttopo
ted and~defend the canal is 'in American. hands.
141thnkit is clear under these two articles, I haVe ,been quoting,
00*0cl IR and article IV, that both in terms, of operating and
Awmgm the Panama -Canal and in terms of protecting and de-
-n the Panama Canal, it is the United States which is giv
pol-jwereLand authorities u=der this, treaty to meet~hose- respon-
9Wite'.Otber provisions in, the treaty provide -for, a shared effort
kJ4 OWyingsih protect the environmeti the Republic of Panaa
.4 minthing imnportant so'. both ecmntries., The, United States,. of





9982
course, depends, as dd A11 countries who seek to.use the canWlithdW.
the watershed -contained in the Republic of Panama to producethe
water to make it Possible for the canal to function. eo
There are alo Mi article VII very extended. provMsions givinrg*-e .32,
United State certain privileges- and imm ite in: the course Wh
our operations. .e ... ..
Let me just read a couple of those so we -can: have somea
tion of 'the range and extent of the privilege and immtunitims *Mchh-
the United States has. .a
Agencies and instrumentalities of the Govfernment of theUie
States of America operating in the Republic of Panama pursulit
to the treaty and related agreements,, Shall be imn rn4
jurisdiction of the Republic of PanamaL.
There is also a provision that installations. owned:1i o*used, by. agencies or instrumentalities of the United: States of. AeIa opel
ating in the Republic of Panama pursuant to the treaty and la
agreements, and their official archives and documents,: shall Wi
inviolable.
So there is an effort here, recognizing the -responsibilities which
the United States will continue to have over the next 22 yewrs,
almost a quarter of a century, with respect to operating, managing
protecting, and defending the Panama Canal, to give to us a gan
of rights sufficient to carry out those responsibilities. 1'I tbink t
grant is very important. I think that many people.. 4o not OAW
appreciate how extensive and extended those granits of: authority,
are in terms of giving the United States the ability ;to? continue. to
meet its responsibilities with respect to the Panama:Canal. il
There are other provisions -in the Panama Canal Treaty that des&
with the transition over to Panama of various, functions in this
Canal Zone. Under the treaty the zone will cease to exist aeala'
corridor of land dividing the Republic~of Panama in two and, ME
effect, will become part, just like any other part, of the territori of
the Republic of Panama. Certain -rights will be reserved, for the
operations of American Government agencies -and certain proteew
tions provided for American employees, military and civilian, and
thir deedet an faiis wh ar inole in* the Repu* b lic b
Panama in helping to carry forward the operation, Waaeet
prtection, and defense functions with respect to. the PanAma
Caal. But the zone dividing the country into two will be gone. S6

longer be the case.
Now, at one point in the debate, someone suggested that only a
small portion of the population of Panama was on one side Of the
Canal Zone, that most of the population was on the other side; and
therefore, they suggested it really should not mnatter: very much to,
the Panamanians that their country was divided by this zone, MW,
President, how can we overlook the sensitivity of any people :to
another power controlling a strip of land through. their comuntr
and thereby dividing their nation. I can understand the sensitivity
that any people would have--I think we in the United States would
be extremely sensitive Mi the reverse situation. In fact, a good
percentage of the population of the Republic of Panama is located





3983
eling, houh th WOOe Wre inefc' rvling through another
jgdiatitin.Th 'y reubect, then, to different courts and differ-
iatup~olic aadr bo forthlirOne: of the things that will take place
at asthe -reaty is that. there will no longer be a zone dividing the
,a aaait woo with. all of he problems that have
Kih that situation.
treaty with respect to -employment: First of all, an effort to
those, 'people -already: working on the Panama Canal and
rights;, and second, an effort to give an opportunity
de the Panamanian people more and more in the work of
thilfbama Canal; so that, over time, they, in effect, will gain the
twand the training that will be necessary to manage,
r 4. 440erate, and maintain this important facility when at the
F b the century they assume full responsibility. There are- some
vry careful provisions that have been worked out. to accomplish
41 1-hink, reflecting, a great deal of .concern, for those who are
W woking there and lso a: concern that the people of
should have an opportunity to participate in making this
Y11r Ih a sense It 'is a, great opportunity, to show the
of mutual cooperation and a great opportunity for young
;and 4ot-so-young pe6ple in the Republic of Panama to devel-
raliffig that will enable them to operate this major facility.
80 -percent of the work force today on the Panama Canal
anias, t has gkieved me greatly, in the course of some
Oabate-tha we have had on: this issue, to have it suggested
66 the floor of the Senate that the Panamanians may not
'of operating the canalt that-they do not have the capac-
+Aduct this major facility.; I think that is nonsense. The
,tW'#e-cahaItbday:i9 largely carried on by Panamaians.
*Vsit WPagrjaa, meeting with employees who work on the
'"f er iquiries that was made was how effective the
idiwere as employees.'The 'response we received was
ffi-,* Wre the equal In every -respect to other employees,
casor others, who were working on the canal. I think it is
L ,,".O.the capacity is therev
*4s)'noodedIs the -pprtunity. These treaties hold out an
to th people, of Panama to move increasingly into
etpbsitibns and toassume, more and more, the responsibility
*e operation of thlis canal.
'htsense, it is a great opportunity, not only for them but for
UitiedStateso working with: the people'of Panama in -order to
the effiient 'neffective operation of this canal indeiie
4tto the future.
Mr. President, there are other provisions in OW: treaty'which I
I surcke "e ill discuss at much greater length--- provision for a
evlcanal and the provisions for Panama's economic participa-
4n the canal, in which the tolls will provide certain payments
t6 felW Republic of Panama, which, of course, will then brmig them
otstkdthoft their greatest natural asset co-mensurate with what
k have devoted to this international waterway.
Inshort, Mr. President, the treaty now before us, the Panama







United States and the Reublie of Panama and betwee the
ples of our two countries a cooperative,- relationship which edmi
an example to the: whole::world. At -the, same time, it.,
certain grants of, rights to the United States which Will fully eft"i
us to meet our role to operate and: manage the, camnal and, our,@i
to protect and defend the canal, since we will. have -the- direo
responsibility for both of those functions for the balance of this
century, for almost another quarter of a century. ?S
I submit, Mr. President, that this treatyjust like the emta
has been approved, is a treaty that, well serves: important, I s$
American interests and ought to cmadthe approval, .E of;
body. ,
In the days ahead I know we will consider some.40 amendmentoo ra
those, at least those that will -be called up: that are pending at ft;
desk. I hope we will be able to proceed, as I have indicated eorlior o
the debate,, in an expeditious way to do that. ..
Someone said earlier today that the. first treaty wvas like fth
exhibiti. on game and that this was, the real game, I differ, withta
It is really like a doubleheader. You know, we have had just a ble
pause in between the we are now into the -second. game of, theQW
doubleheader.t
I must say, if you talk about Cooperation between the. Uo*
States and Panama, referring to bsblI end on "hi nowe A,
major sport in Panama is baseball. They are close to us in so manty
ways and this is but another example. Rod Carew who is such an,
extraordinary performer mi this country and as I think mn
people know, hi& is a Panamanian citizen. He has been the
leader in the American League now for a number of years Vati ap,
extraordinary average, almost .400 last year, and I only bring,
up at the close of this afternoon to underscore once
much, in so many ways, we share as two peoples;, and I. n
the debate that we have had over the course: of the. past wes
not in any lasting way do anything to har m the Jeat
weaken the friendship which has existed betweeo h pol
country and the people of Panama.'
It has been a special friendship. I hope that vie wvill movel:X
to approve this treaty., and that we will do it. in such a way
the strength of the ties between our two countries, will develo~p,4
increase.
Mr. PnoxmnuE. Mr. President-
The PREMlDNG OFFCKER The Senator from Wisconsi~n
Mr. PROXM=E. Mr. President,, I ask unanimous. consent, to be
allowed to proceed for 2 minutes, as in legislative session.
The PRMESDING OFICER. Is there objection?
Without objection, it is-so ordered. ....







.vs [From *e GoqreinlRemod--ent, Mar.0 1978].

and f4NlklACANAL TET
Im~~iA PhtVmm~r,' pro: tempore. Under: the. previous. order,
11-tiown 'reiitunie consideiration of Executive N, 05th
seiptiose i, Odlendar Ordeir No., 2, the Panama Canal
IhL egfdl ik Isr edasflos
o 0, zlxecuItive _O c9t Cng.,, 1st sess.), the Panama Canal

ii ptiped" 'W"h the' eqnideration of the treaty.
44 s-Nr r emoe Under, the, previous order,
Aa p" le).As. recogn, ized to call up an
eas d T No.69
Preidi.~birt) ::,:lup amendment No. 69 to article I
P Oa.Ia paf -,md ask forjits immediate considera-

Pazrobr pb tmpoe.The: amendment will be

tlogisatiw e'erk, read ag follows:
Air wi ~rss~.Dle) proposes ambendnt numbered 69.,
en of article 1, add the Molowing-
'fAW~d'b-4ttis.'Treaty and, consistet with-the provisions of Article IV,
O~enani gpad,the U nite4 )State* of America agree that, subject to the
40 thit only thxe military forces, defense, sites, or military
'ic of Phnama or of thp, United states of America may be
die 1iti~iWteretory' of the Republic of Panama.
40m 4ir, Presden,.us everyoner perhaps understands, we
ag .process qf *discussing 6nd hopefuly responsibly
thePaamac aaa Tr y.
pgaesCanal Treaty extends from. the date of ratification
009pa ,ian#, ap, the precedIin Neutralit Tray. con-
uortant pr6viskns ad some are controversiL
wilbe disagreements and there will be efforts b some t
gupyh-.aspesdmento whether we are talking about pay-
-toPnm, the so.calle sea lvlcanalrsrc
tonprovisions forr Canial:.Zone,. employment 'provisions
dfase #xrangemients, All. thes are-as are highly con-
nator from Kansas would point up at theK outset that.
Oirswtas-le Neutrality Treaty, was h1ghly uimpor-'
i& thstaty" the Panma Canal, Treaty, which, in pffect,
_h 6p*-and all property Io Panam4. This is e.Wig one.
lie an thatthe Aeri an eolehave been fbousin~g Vnfr
aht hat the Amotat n po~ple iifdae etoky
.this pst weekend I can -0y Alp th ftsi pOople
sp inaiat* M:Jianmss m ftisA W, VOM -0bq4t the
skit*Itderay he leteteast~omaleyendaraseeingleader-







possible based Yo6d "thith 4 *60*404
treaty.
Mr. Presi&nt, ih-Sefi altbi ftbm K'
trying tot suggestamea4 ent**,Aotb1s,,
ry'. of wh at happe4ed, in *i04fqqt. -t
then. in, October with nWno b
Kansas,'which later bcame the I
Senator from Kansastrelpgsod a Pablo.
nians had one view and Preslidqnt Carter,
Senate will fifia that' following th6 releas-le-,
meeting between President Carter and General Tqrros.
ZttV
,,a i
that meeting therewA8 a membraoduin- of"utild
and following'thAt there were Afit6ndmeitts.16ft
which incorporated the m6morafiduni of"Uhide
the process of trying to put the pac,,VA together in 0 jAr
secure the necessary, voWs fbi asgOA'hbse amendments
known.astheJeademhip-amead
way strengtheir.the. Neutrality Treaty. -Jut,- tthora,,f
amendments, responsible amendments, which were re,
after e time aftet ti me -this floor,, and only, wbm
the so-c; Lor p
ent in the closing days of the debate duruig Vm t,'j
dation time that certain reservatimm would hm,,W
not amendme4ts but reservatiopp, was t1wre, any
proponents of these treaties.
So it seems to this Senator that, now we am:S'tar4
We are now on, the real treaty, *'the. Pantnq anal
giveaway rt' which will 'now bLe" and
has no way of predicting wb*: th#: vote,
debatemaylas.t.
But it does 'seem t:6 thli`.SenAt6r, tilat, we'-shoulct C
treaty very careft Y, and. if Appropriate an*
adop, ed maybe this treaty could be ratifi6d r ij'
treatment of 'those who offer Ame-ndme*.oii -the: fh*AZ-kiAtU A.
cussed and debated by tht'8enafe is-- ady pf6bedeiitj
will be stDne*aIling 1hroughout thi debat6`,`6,fi this
treaty;
Miny wiledgue'siJuist could' not, vote Tbf'thhk treat;-31%&
*t Tre'aty.'without some:::changes, atidas'mahy as,41'
tabling demon mtiied despread dohc0th.
t seems t6 0=6 SenafADr'We*'Sti11-b9" Wnkle-t ibAW-
still have the night, to add amendments that are,,, in thof
interest. SAT
t On '9-.duty W worry about the,4noed4bila,4
It-is ho thi Ww4
s- Se
ij
plebiscite in PanaMa. At leatt the PanAingMiai-4 kW 9t,; r,*ht
on the treaty.. The American people do that- thybuov thbirwMaw-
Senators,''and'! *6h1d sugge-4tthe".gr*M,,tiiajoiit, d
wondering what happened when they have a,,prqw
W 1. A
dowinatit. vi6W: *hieh is, opposied,03o, thw,
are approved, by, 68-toL32-vote.
-'Thre. ar6 66m,& who,, ki _t to egal, gtt PM Now*
dece lpt ad- restr*Ations,'dr weak der' .1,M5
attributed.-the 6pposition to, the; socal%&-far-w*W- i fth4t i"a
those who:.,.raiod any, we







era7,tieof right-,wiag -effort, to deotroy, the
thsaSOWte f Kansa ol -only say that, is a ,rather
^ to rthe giroblemI. I would h~ope we..coudd oppose and.
chghes thse.tratis itht beng characterized. As
ggroparsomre!ight-win Memfber of the Senate. But
arswill be ,madei by cetain, riters: who were :never
_t6 Ape =nY. chanes, who., were, pro-treaty fr-om the
Wtwho saww~veryi, abanWe and every ,-efiort by those, whor,
1==nges~fr-therbetter tot as-im aeffort to improve but as an
is a',right of those w*ho have that biag, who never look
Mias; !butAthe Senator frm "Kansas: does not associate
theltreaty with ~any* ightqwin effort -by- anyone.
in thepoloce now-of considiefing the- first amendment,,
69 ,and her: owill ..ba others.,.The .Senattor -from
essas in the first treaty debate,. .Neutrality Treaty, offered
anedments, and Ird H:l o~fferonly a -few .amendments to
frbhl fKans time after time. greeontmlita
I -am.,,m willingAO.Ao,o that: insofar: as this. treaty is con-
notimy. inteation to prolong the debate. It is not my
M6*sk night;., x, Seantor toetnad extend and
ife ebate& ut G v dnde.e. rwil -have, a. chance. maybe,
.Aebate., to' havie 04r.-mndet voted, up. or down
heingr tbled,
- tl ae- if the. Votes 4,r1 there.. for tabling, the votes are
feating our amendments on their merits.
-,r will be,--is&ing not just amendment,,No. 69 but
dtamt -bD feductw.-paymient guarant~ees- to Panazaa; an
tVASe Alldw -the dinited ,States to ke~ep. bargaining: 6ptions
,khbruction ofa,anew *ceanie canal; and an amendment to,
atransition perod for capal operations; and a reservation.
nd. guarantee human rights.
'ASnator,;n')"rrot call up,- alL these amendments. because
bendinents,have beea offered that cover the same ground.
of.eseaspeaks should -be addressed and discussed. -Thia
Vibweever, dos .intend to call tip .an amendmenkt to:,eliali-.
'ctions. against Am'ericas freedom to build a new canal
igedemn it hinore suitable
'bat,!be, leaderhinp would greeither, to suppor. my
,whc is, amendment.No..1, otVr !to. support some 0sai
nt$ beenase it occurs to. this Senator that Whi amend-.
tsioin'_,*hichthere is a great deal of intereet,
Mranc_ AnP medrent No. 69j a& statedeit would add the,.
to the end-of arti~cl.e 4,.and thalanguag 9would

filf It& aly aria Ooalistw2 wit theinsiinlrata V
6s f thib, Wty, only the militaft e







that of the United Statew will: be: estblshd ishin he 4nO
nian trioybetween now and the ver2000.
In, particular, this amendment setoree
ing of Soviet forces: oruCuban forces or the forces tam--
nation with in. Panamanian:trrtoy which could ckHyI-M8 Pi
trary to the interests of hefree wbrld ,in maintainig ie o
and stable environmental suroning the canaL
It is obvious &rM the..,nternational 61itation todayi
that President Carter has just recently. commenated 4
Soviet Union has not anoedits trdto alolicies o nh
tion and destabdiliation, particularly around the p"ri L 00
arteries of the world.
Beyond that, the: practice, of InisIin -And armling'-
troops to create regional havoc appears to :be in f w"Jx~
Cuban Government, which- has long sought, tar broadeit
in Central and South A&ria would 'be a. willing. tbdO
intervention on Panamanian soiL
I might suggest that, perhapis, sometime laterftis. year
reconsider what we did last year with refrence to Cub, h
this big rush to normalize relationshipws with CA&bas-nto
swing, and 1: believe now the administration Iasi: learned-htwo
the proper course. and, hopefully,:: uerAproper app" ,
bil there will be some limiting: language on what .w*IMio
not do so far as normalizing eltoswith Cuba are --
We do not have to look very fatr. We just look at the
military intervention of the Soviet Union and: Cuba with-
pia within the past several weeks: to. recognize: whatthes a
future holds.
I might say pgin the Senator from Kasa considetisrite
very sigifficant amedet and I would think that just-~
happened, in. the past few eesas far as -the uMisians Cp
cerned and as far as the Cubans are concerned woud btA
American people and. my clleauesm to te rel da
need for this kind of an amnmet :.. : .
If the Cubans can go to Angola, and if the.. Cubans on 't
Ethiopia, thousands and hoadsOf miles away,:Ae IthW
suggest that Panama must be a very: tep g targeL I prps 6
undercut that threat before it ever hapnand now: iswth t
do it.
The frank reality of the itaonis this: Unless this im
adopted, the Government of Panama will be entirely wti
rights under the new Paamal Canal Treaty to allow. f~ie-- ,Uk
to be stationed anywhere in Panama regardless of W,
givings or objections the United States may have. Foreg WMO
could be based not just in remote 'areas of Panama but -
the present Canal Zone because we are giving up oe
that territory.
They could be right on the banks of the canal in som
right up gas reaiig American- 1ili"tarybae
close prxmty-of OWhe anaL.
Because the Canal Zone imediately becomes Panmanin - L
tory upon ratification ofr this treaty, and because the!





r 3989

Wh tever she likes with large porti-ons of the Canel Zone.
#*oy ,grnt perW ssOn to whomever she likes, to move right
'thle American military base: areas transferred to Panama
istreaty, for example. And the sad fact is that we have no
te grounds. for objecting or blocking such a move.
Senator from Kansas simply suggests that now is the' time to
this dilemma, and seek a simple bilateral agreement that
egntroops or .bases will be maintained anywhere within
'during the next two decades. An unwillingness to agree on
mtter now miakes latLbr agreement all the more unlikely. In
-%Aidre' to secure suich a mutual agreement now will make
confr~ontations over this matter all the more likely. For, if
A'e an objection or seek -to block the stationing of foreign
ini threateniing positions,, Panama will inevitably charge that
V fkarchallprnging her sovereignity. We will be -accused of interfer-
W Th 16i internal. affairs.
JUSTIFCATION FOR AMENDMENT
sient, hs is neither an impractical nor an unreasonable
aiVrance to -seek from Panama under the terms of this treaty. I
iggitisboth racti-cal and re~asonable to ask for this assurance.
_aolleaguew'.areive wel aware that the Panamanan Government
b* lred giVen ius :a similar, assurance under article V of the
fkq' raty-that 1"fonly the Republic of Panama shall oper-
-canal and mafintamin military,, forces, defense sites and mili-
4awliastallationsk within its national territory" after- 1999. Clearly,
Manama did nort:consider 'such:. a guarantee to seriously challenge
!*Wevereigiity, or she would have never agreed to that provision.
,[fact., if anything,, the assurance contained within this amend-
shold-enhncePanama's public commitment to national
reign1*' tyo Afor it would. stand as a clear statement that Panama
ntintend .to. allowi others---such as Cuba or the Soviet
to intervene: within, her territory. I do not suspect that the
edStaite6, or any other self-respecting government, would hesi-
temkeuha prcilamnation, if it were as concerned about
,tym easuc ,A the Panamanian Government seems to be.
hsas I have indicated, is neither an unreasonable nor an
-=ractical demand upon Panama. In fact, it is not a demand at
I 7,y'approving this --amendment, the:Senate will simply be pro-
a simple bilateral agreement between our two governments
V --Poiht. It wIll then be up to Panama- to decide whether, or
se will agree to this. proposal.
It~ ~ ~ 1 be. elal ihnor right and our -realm of responsibility to
,and to approve this amendment. I hope the floor manLagers
0 targue otherwise, And I would hope they -1il pen-nit the
to haive a direct, up-or-down vote.: on. this amendment,
r Utan on1 armotion to, lay on the table.
1'1r President, I do not have 'A large map, but I can display to
S!fnator who milght be interested ill the territory we, surrender
"zxv upon tatification.
%aby to eta elOver half tiat tevritory which is low







week after ratificationtfrarm inviting-in theCibns *ir V
the Russians; and I just sugget that if w=e areriallyy9 w--
the carial, if those who voted for the first tety really belev
the canal has any interest insofar as we ar concerned, tho
them to look very carefully at this amendment, because i.'
fered in good faith. It is offered in. an. effot to sre
Panama Canal Treaty. It is offered as a way to protect -n
serve the Panama Canal between I now adthe year 2000- iI
does not take any genius to understan jus how cloe -
troops can move to the canal itself withou thsmetndment
I know we are going to hear all the oristhat theytn
that now. But that is not the case now, us.e they cantI
them within the Canal Zone. Then. we wil hear the ar
about General. Torrijos. We will hear the argment thawe
have another plebiscite.
I think we have considered those arguments and. :wqd
that by now we under-stand that- we hav some '.r ihts .mi
country. We have some rights to preserve i-the canal beaseo
our interests as well as Panamanian interess, and they mano
coincide with General Torrijos' interests, th Cubhan: iiiersts
the Russian interests.
1 would only say, as- I indicated a few moifents ago tit
President Carter is so concerned 'about Russinthe
indicated in his strong statement just 2 day ago, then I f~k
might want'to take a look at this amendmet. He 'might wnt
react favorably to this -amendment, becue it goes to te ey
heart of the problem he is now having wih the Soviet Ui
Mr. HEuws. Mr. President, will the Senato yield?
Mr. ToE IT am happy to yield to the Seaor from North Crl-
na.
Mr. T-Tw s. Mr. President, it is, habsolte.l essntal if common
sense in the ratification of these treatiesi to prefas iat tho
I strongly support the amendment of th Ninu shenato-
from Kansas. There is absolutely nothing i either of theste
ties, anywhere, which prevents the Repub-1 .of Panama. from. n*
ing foreign troops into her territoryw-and tht is true. whethrw
speak of the period before the year 2000 orthe period le'h
year 2000.
Some Members of the Senate are under teimpression thatt
Neutrality Treaty prevents the introduction-of -foreign tropafe
the year 2000. As we know, in the, treaty whch was approed 1w
Thursday, it provides in article V that-
After the termination of the Panama. Canal Treaty, onyithe Republic of N"-
shall operate the Canal and maintain military fores, defense sites and
installations within its national territory
This has been interpreted by the proponets of the tratis $
meaning that only Panamanian troops may be maintained m a-
amanian so]l
But, as the Senator from Kansas has indicted,, if. we lokai
carefully, we note that the language satys-nting about Taama
nian" troops. It says that only Panama -9may tain







rPItai'(n the Senator from Nvorth Carolina or the Sena-
Kasa hi; i the official interpretation of the U.S.
Preidot, I dirt the attention of my colleagues to an
crespondene between the Panama Canal Subcom-
,teHoes Mechant Marine Committee and Mr. Douglas
5r ~to1 J?;Amistan Secretary of State for Congressional Af-
dte: of Jagary 30, 197&. This is not some offhand
v* gabledd ttement ajp'pearing in the newspapers. This
LM.offica correspondence, in which the Department
reson&off caly to: a duly constituted committee of the
MrPresidt, may: we have order in the Senate?
mar pro. temp'Jore. The Senate will be in order.
z~ti_,t~km.First, thestd put: to the :State Department:
the, N lity 11reaty tfter the year 2000 prohibit training of
nk Pn. porar military exercises by the United States in
nolt exttiss y Cuba oohenn-U.S. or non-Panama

Tha ws te:quesin. Now here is: the official answer from the
V:,f heN'. -l Treaty. would not prohibit Panama from inviting
J-top, n- taist~ the United States, to Panama for temporary
hreay-does provide -that only Panama shall maintain
defem siend mnilitary insitallatilons within its territory. Any
or troops that we judge constitutes athreat to the Canal
Wbea volaionof 'te Tety- an: as such it would allow the United States to
iii-, 6ir present debate i's about the Panama
Buf thoSe8nators who are relying on the Neutral-
Mov-~ toprvnt teintroduction of foreign troops in Panama
a &evou: mistake. For the- State Department is admit-
4 f-',ey tatPanam can. legaly bring *in other foreign troops,
&-ding~2 t ootf Cub ofrya othbr nation that may be hostile to
'be ouf-recourse ifthousands of Cuban troops were
tllg infing or alleged "temporary exercise"?




*'ea ,h~tce htppen, M.President. We have the mak-
Otenosive situation, which the Senator:i
Adavid' or Wtere. is nothing to prevent Panama from,
bi ubai~ropsafter the year 2000, there is obviously
tha prvens anama from brihging kinuban troops
yea 20:,Tha Iis 'why the amnendmjentt of- the Senator
'amtf .S.tr~p6 iri-t,he'T..S. Ibnitie in Panama, right
ii-M f~brpnftishj'trodpa that, tight IM hostile to
auro, ~ wolcet idrox in international relations. We would






39.92
EPaama? Would we blockade Cuba? The answers are so 4?bylonges71
and this is in response to what the Senator from Indiana is a
to say, I am confident-that I need not spell them out. Indeed 4
military rights might even be more of. a danger, than a proteod A.
Mr. President, once we give up the exercise of sovereigp rigbts iA
the Canal Zone, then we are shut out under international law .fto.
taking whatever steps we deem necessary. .We might decide that'tA
protect our rights and to protect the caxal, we jnust:: use gp
anyway. But to do so would be illegal, and would fly in the fact*A
all the solemn international obligations, that we have undertakejzt
These treaties, frankly, are putting us in an untenable sitauatim,
The amendment of the distinguished Senator from. Keavm
would, at least in a small degree, prevent the develop-mez t of -an
explosive situation. Of course, Panama,. could still abrogate ,ithe
treaties. But the amendment of the Senator from Kansas woulcrAset
up a. situation where Panama could not let a dangerous situathe
develop by degrees. Her alternatives would be to abrogate the'
treaties, or to violate them outright. Thus it would -prevent th6
backdoor growth of confrontation. It would -be a deterrent to thex
more drastic actions of abrogation or violation.
Moreover, the Senator's amendment amends article I. It is ie
effect a restriction on the return of the exercising of sovereignty to
Panama. In other words, Panama would legally be prevented fvmn
exercising a'certain sovereign right, the right to have troops from
other nations on her territory, for the next 22 years, This restri-
tion is essential.- if these treaties are going. to work.
I commend the Senator for proposing his amendment.
The ACTING PRESIDENT pro tempore. The Senator from Kansas.
Mr. DoLE. I thank the distinguished Senator from NorthCao-
na. I think he indicates very briefly and very well what the, r. t
lems, could be. I defy anybody who opposes this 'amendment to"
us what they are going to do if Cuban troops are invited hi
Panama-I still want some answers-and what they intend to dplif
Russian troops are invited into Panama.
Ithink we are getting down to the hard ball of this debate* -we
have had all the preliminary rounds on neutrality, but now we' are
down to that part. of the treaty that really concerns the American
people, and it concerns a number of Senators who voted. for the,
Neutrality Treaty. It is time we started getting, some. clear answare
to the hard questions, ,instead of a lot of rhetoric -in an effort t
console some Senators to get their vote. ...
I would guess if we asked the American People this: question--.4o
course, we do not have the right to ask the American p~eple to
pass on these treaties. as that. only applies to Panama. rhe Pani-
manians have a plebiscite. Ours is findirect, through our elected
Senators. But I would guess if we asked the -question, wo'uld the,
canal be threatened if there were Cuban: troops stationed tee,
within a mile of the water, or less, between: now and th~e year, 2,004
most Americans would at least think there might be some threat, t
the canal itself and to its neutrality between the,-day of ratificatiion
and the year 2000.
I do not know the answer. I would not know how to respond to
someone who would ask me what would. be our, reaction.', I would
iiiiiiii

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IMM
MPrwideht:.-.Carter's, recents4te-
aO&WviartA*A'g to-the, Russiww-.:
met as I -have indicated earlier,.that ifthe Cubhns -are
dwWONOiV'If `ffflljw, to inte* it 'Anplwa and the
whereelse, the Pahama Canalis a

Proofaaw#rthat ihe'trontyProporfents
Wwe"take a look -OWhAve are about to
.44jkest amenffinents might be -hvorder.,
ans the quetion Just to have lifie stc6e*all
q4a,4 or'q* weeks on eftiy Aimendihent. R
jAimlic ho 4
60 ans, w c6ncerned about
hiave hAo-r, 'e, *y 66 r hot. oilg to
A 'xArcvcppwrfi6dAznericans, theiyi 'are
66nde ts *hb ave.
We`d&
1. IkU
W, e h# e-I so
q, ir- ji
rq a6io S" th
,vqb we Iffie 68
o fie, Iadex-4 qS the -)De w rAtsv,.: %6
di na- m n *, hat W4 accom-
'16, so o of us t '-e
e m- iL at. w
Jead
aent.
M 6`.
r4 Ay .,e We
jww, *wpp-M, w A's, Senators for 1. vieek or
w..4t,,w,%-iw Arb General Torri' that
Jps w," _another plo"p, te. This
that- Viire ioa gr eat,. deal of concern. across
Iftahift', but sort of pro-Amencan Oncern.
'A'Ap 46t;44gwrong in talkirij' about the
-* o ''t rioUlcta talk about:
ne-, unpat our

W,*OnqA,- Pew understood: the great. rus.h Ov
with Communist Cuba
4oA9,m**'-reAations '
on Am to give: away.. t
,w, 0 Co, = ist- Vietn
exidmoiO th Jkht, W niepAingfW;
iriek,,or 3 or- 4,or.:.6 weeksiAa.wwdeb4te
V.i0awl, Ty6aty,, the American&people, the',
vote, for, us and, send us to 'the
e, bbeheard.,They do xxot all speak with,
en*scf opmilion--96xne-do ootthiAk
W, tha tr"fies, Aiat tboy oughtto be
"ac it, qbti-
i* 'nsib'
ppo
egme, dl,4 rw be
A i
-Ow
tb.Cx ro-treaty forms in ate., those,.who.
th e


r46f







I hope that an aedetlk hscudb dpe
accepted. I amn.inot. o.timistic, Imt I do not A:really. o
reason for its rejection. .
I am happy to yield too the dsnguished Senator, frou34 W
for any omethe might have. I -yield, the flOOK,:,
Mr. ILAXur. I thank the Senator from the good State:o
I rise in: support of the amendment.: I commend the Slav
Kansas for raising a point that has been. raised many, m
over to each of us by thousands and thousands of co WATi
in America. They are concerned. about the proposed Co~i
ence. Time and again, I have been asked the question,
the Senators be so naive as to think that if Culba.,at the,
the Soviets, will travel thosandst-and thousands of mnileii4
Africa and is now in'the Horn, of Africa if the canal comeg
the power of General Torrijos, an 'admitted friend anda
Mr. Castro, the Cuban presence very qilywould notb
felt within Panama itself?.
In that regard, I think one of the finer statement that la
made during the course of the hernswas md y2
than Adm. Thomas Moorer *in testimony befaite the Ch
Foreign Relations. For a moment, if the good' Senator am
will permit me, I should like to read from that testimony
our colleagues and the American people can see the strof61*
of this man who is totally independent, not responsive or-, 0-
ble to the adiitation or anybody else. Ho is an Jn
dedicated Amrcn Th depth of his cocr wa' exr*d in
testimony to the Committee on Foreign Relations-
As Chairman of the Joint Chkief of Staff, I became even mo*e sensiiet`l
States. My job as ahairman involved all of the Armed Forces of the, unudS1
their collective requirements---and I was prin*arily responsible to the PeietA
their ability to carry out themr roles and missions as assgned by the Cogro
naval commander acting in that role in wartime will immedi~ately ec
vital to U.S. interest to retan complete ownership and cotof aZt
Canal.
That is what this second treaty is alf abo ut. We are..11 t
determine, as the Senator fromt Kansas said the. gut ismnI =w
country trying to give up control and ownership of- the'F*i
Canal? We have dealt now with the sequel, the Neutraliy n wt
what happens after we give it away. Admiral Moorer aoh

aidle as well as the other side of, the aisle.
Quoting again from Admiral Moorert
in view of the above, I am very much concerned about the propoals td
the Panama Canal to a leftist oriented goeet; allied with Cuba.The'7os
the potential danger for giving this U.Sr.awdvatag to: a man who migh WW
might be persuaded that it was in his best interest to permit Soviet V~
influence to prevail by proxy ever the caaIn muc& tile. same mannerasbpet
in Cuba. If
I was convinced as Chairman of the Joint Chiefs of Staff, and I remaivo
today, that if the.Soviet Union ever ied and pox coerigtyan
the U.S. Canal Zone and canal through Culaii U.S& secarity as well as VS"kp-
ity would be placed in serious jeopardy.








iiwtalynot, 6inly W. Phaniamnianw security andheipei
At is ita VAIto, our ow s~ecurity." That is prcsly wa
Morr was saying in his, statement..
hatto the Vttmet
wattld 1080in jepoted because inteoenmblt ol
%6e 'i6hity cif &16d d aeinnermsl lfeies of theD entire Western
J Vdd be `*"deas* jeopattrdkzk "n the point -is Thfre is no poinkt in
.. .. his vital -intereto Also,' by relinquishing contriol o~f the Canal Zone
Pewould' force all- tlhe Pain h depend mn our power and
Obim~dte W e adwyrse imlcations of such acetion. on our part.
leIrl hdiae thdt- the Cianal Zone could quickly become the
adeftary. lihe adocatio-of this proposed treaty do not appear

k14 a-4 about. that iV preiemly the con'cerA that
K~slexpiresse through this amendmet that
ROWe nexto .decades plus, we safeguarwd
'forigntfops placed, in Panama:

her:
isone of th*' four meritizop gateways, o~f the world, together
Statthe Simz fawag, and the Gibraltar Straits.
redsSo-ifiet literature- concening maritime affairs sown learns, that
Fqndersfand the strategic importance of the Panama Canal,, even if
do noL-M fty view, "h prime reason for the burdensome
be O"by the Soviet Uio -is related directly to the interest in the -canal'
retyexpand their maritime caabilitie-s in the form of both warships and
.*kreiV 7nw& vi-, 'IrijsCatW-oso axis .....
i d, tih .o ..s is so. ..This: aendment would pre-
'--OyUM1pet Or axsfo 44lmetn whtvr greement or
theyma g=anw to 4he exent of a visible military
m *wthi Panahm&4::That Ais. Precisely what Admiral Moorer

in fact, ir '*y kie 46;' 0lrrjoCatogMcw -axis. C~tohas: sent
to Afri: bdy SoviMeM thip He has been to Moscow where he
with opede arums, rPorrjp hsbe-ben to-Uavana where he ha beep
(watr ! Pofe extolled the. success of their respective revolutions.,
to idba.,to 4 Qdbfi wpext, t4. ('atro, is the most active
_ki6voifib &Lin the vWorld.
a 6veMiwio on his return fromn Washington'to Painama after
YPI, n=9 0 mnrai aent) the followi memsage -to CUast, and 1, quote:
rdeaqiripto TiLP getry! an flying. above the ft- o( Cuba, I saltate you
~ ~ ~ ~ ~ ~ ~ ~ YU A p ihIa heCbnpol neryu klflladership
ascendnt' mtch twar progress. In Latifi_ America your name is
KWihfeein about dignity that have been channeled toward the ending
sT ~ (A wd ot ht-awlrge Russian comsinhas redentl visite
an sosbers of-th ~miedo ntbe surpiseA if this treatyr is
present fpr t W a $oviet and/or_&a presenqe 14uickly eitab-
tIte Mnt 'a.y compicat t,
ph ~9 beet &,V6ed i ai wdt ill s et uu no
Anri tin w4ae MCnIt hfftin no suc A h .'n






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3"T,

*ooi, ,WntJTeaty ratification, p;"v'IIJon:,qf the

ihei awtity word, I
t6 support those amendments which were, pro-
W, "IP long "way to clarify the rights of the
jW4- JJIa*AUe obligations of the United S4des under
... .. ....
provisigns of, the previous treaty
*Aomt fior us to understand just what..... am
da- not want to u Motives, of MY I

41131 J_ gg'-*b 'Iqent-,whJzhi.gpea:.U, PIN, Y e'
f words, that a- re now. there, the proposer or the.
nwMA=,en* needs t!) realize the. consequences.
41 'he'::: comnuittee .
ms ol ec.tivial'yo inA
Jim h4ngos iw.w ordin.g.; -that might
-or -more clear.
of- air., both fresh an& bet,, flowing
Ategies.ainte they- have: been signek S;nd
fbcused than foresight,
is thse,, treaties have been .under
r 14 -yeatsi. -We have
pafties,, reaching back almosta., gener*
ofopunon. betwoeil. 6ur KtWO: coUII,-.,.

te "a ,,4ettleme A deinition
with- the-final results.
ir to boh sides than the, altem&-:
outsonding (fiffevences-
x4ge 'of the treaty- Which' r'as "thd
,tone leatly, protect the: two"baWa:
to the fttes thi6 t*o basic. W11,_
tothe States;'thaC-is,-the
14:t h6 r6iliaini neutral": and.
to our ghipeand "Ch=
out mei
bfthe world. .. ...
t tddefend that canal
w would not, want it, to'l*m
ho am opem
recall some of the remarks thq, *c
q t, that some -of us, who vight look At
in
little'.'different pe Ott
AiMrent'peitpective fiom.....
ato from, Ne
'the An 'r vada,* or Ahe'...
0" ,,_,m*ht be afraid to

A '04t PW,
Ak_
nt. I' the*
XOT,
1, Jk i- i zi *1

144 4 1 i.N;z J i'A 1







To suget Is i mextioend 18moment, ago,6 'that 1,
different perspective of this amnment or, the tr~epat 'I's
gation. of our responsiibilitieg a'fSnatorg, 1 'thinik 'is -A it
well as totally' thaccurate:'
I have been out in mny hoe, Stte, over this, last ekL
glad that mny colleague from Kansas was thwee 4-AAM,
chance to address the mebesm of the- othbr party at vArn
occasion. I imn glad they choseoi- of the beot orators t rat
festivity-.,o
I might disagree with them -adwith. my coleagu# r
biut I like for them to have. the bes, and they had ne-ofth
Indiana. o.-:m
I had a chance, of course, to rnw the rathrcotai
cation I have with MY State. Im st ay the, S-enabor fnbm jgg
accurate, there is a great da ofbacerni out IA*
think perhaps in every-State -aot- thParamaCaapig
(Mr. Sarbanes assumed the car): J a
Mr. BA~u. I must also say thris a great bi q'4,i
ing about the Panama Canal traies,: Isent: outia gusii
the end of last. year, -which I: hn pretty well reffiects t
been proven by those who areabt: more professional thew
past few. days,, but one of the. qusions I A sked, was.d g
ents support the. Panama Caba reaO'ie, and not surg
almost a 3-to-1 margin, the anse came back 'No."
Then I asked a, second quesio, which, said if yol elieV
treaties gave the Unxited, State iho. rig-*htto, defend t
Canal, would you support the tie? 9Whereqpon p
percentage answered *in the 4ffirmive,.I whichju Ist" dit,
questions show~ed that a majrt of the, eoIp e of
support the .Panama Cana eaL te bei
States had the'riqht to defend ianal.
_We have the. right to dhfe.6a te Panama CA na, ye-tl
opponents have constianty b ed: away, 'd..d(dtmM7e
the fact that we do not have th riht to defend.
Admiral Moorer suggested tht uddenly thete will be a
infusion thiere of Communist mos a'nd ami~munitiotts. Te-f
the matter if" ranbody who bdh ed to re:ad the -fine-pis
treaties,, particularly to read te.amendmient that w~ar a
presented by both the Republicns and' the Democratic led
and this is not a matter of patb where we have 'all A6ePu
on one side and, all Democrats. nthe, other---has to coltn
conclusion that the treaty dd e edgv sste rgtt
the canal.
As I listened' to the testimo'.'rlead6 `b out itingtfikhMd
league from Nevada, about whtAdmiral ,Moorer said., 1,
suggest that may rbe the .).peopi f 'the Icountiy ought t6,
chance to..read alof Admitil Morer' statetibt -that t
before the''Armed Services- Cortiittee 12eciud6 thefi6cac'
question about Admiral Moorer"81' tiothin-and hig sgrie "0'
country as an outstaidng of44er Iht etinfn t
some rather significant questin raised about whether f**iiVrW
whiat he iis talin about dio 4112A stanpointt 1 if, o116 l66b At 4he