-Caveat Lector-

*** ... far and wide!***

Brothers and Sisters,
Why are we allowing this illegal transfer to take place?
Be mindful that even though the thugs won't be returning
to their den of iniquity until after January 20, 2000,
the thugs can still send to the Committee a Letter of Intent
to cosponsor this HJR.
If more than 218, in the House, cosponsor then the Speaker
has to bring it to the Floor immediately.
At end of scroll you find a link to a free program
which allows you to mass mail the thugs.

Bard


                                      House Joint Resolution 77

                         Introduced by Rep. Chenoweth-Hage - 11/9/1999
                         Cosponsors

                         Notifying the Government of Panama of the
nullity of the Carter-Torrijos
                         treaties and recognizing the validity of the
Hay-Bunau-Varilla Treaty with
                         respect to control of the Panama Canal Zone.

                         Whereas the United States Canal in Panama,
linking the Pacific and
                         Atlantic Oceans, is one of the most
strategically important naval choke
                         points in the world, essential to our national
defense and vital to our
                         economic well-being;

                         Whereas occupation, damage, or destruction of
this crucial waterway by
                         a hostile power � whether an unfriendly
Panamanian government,
                         terrorist organization, or other foreign
government � could be
                         calamitous to the United States in time of war
and disastrous to our
                         economy even in time of peace;

                         Whereas the Republic of Panama does not have an
army, navy, air
                         force, or other military or police capability
adequate for the defense of
                         such a strategic asset;

                         Whereas the communist government of the
People�s Republic of China
                         has been pursuing an aggressive expansionist
agenda in Panama, the
                         Caribbean, and Latin America, while, at the
same time carrying out a
                         concerted and much-publicized campaign of
bribery and espionage
                         reaching to the highest offices of the United
States;

                         Whereas Hutchison Whampoa, a front company for
the People�s
                         Liberation Army of China, utilizing corrupt
practices, has acquired
                         leases giving it control of the ports of
Cristobal and Balboa at the
                         Atlantic and Pacific ends of the Panama Canal,
positioning the
                         People�s Republic of China for de facto control
of the Canal;

                         Whereas the People�s Republic of China, through
its agent, Hutchison
                         Whampoa, is also in the process of taking over
the Rodman Naval
                         Station and other military facilities being
abandoned by the United
                         States, and has the exclusive authority to hire
the pilots who control all
                         traffic through the Canal;

                         Whereas the People�s Republic of China, a
totalitarian regime, refers to
                         the United States in its military literature
and official Communist Party
                         statements as its "main enemy" and has aligned
itself with other
                         communist regimes and terrorist states avowedly
hostile to the United
                         States;

                         Whereas China expert Dr. Michael Pillsbury of
the National Defense
                         University testified to the Senate Select
Committee on Intelligence in
                         September 1997 that the Chinese military
officials have written
                         extensively of their nation�s intention "to
defeat the United States";

                         Whereas in spite of these manifest dangers, the
Government of the
                         United States is pursuing a policy of
transferring possession,
                         ownership, and control of the Panama Canal and
Canal Zone, which
                         includes the United States military bases, to
the Government of
                         Panama, in accordance with the 1977
Carter-Torrijos treaties, which
                         were never legally ratified by either the
United States or Panama;

                         Whereas in their respective instruments of
ratification, the United States
                         and Panama did not agree to the same text of
the treaties, and, in fact,
                         each party stipulated to conditions that are in
fundamental conflict with,
                         and mutually exclusive of, the demands of the
other;

                         Whereas one of the most basic and universally
accepted principles of
                         international law concerning treaties holds
that the parties must agree to
                         the same written text, or there is no "meeting
of the minds" and, thus no
                         treaty;

                         Whereas Article 20.2 of the 1969 Vienna
Convention on the Law of
                         Treaties states unequivocally that "a
reservation requires acceptance by
                         all the parties"; and whereas the "Restatement
of the United States
                         Foreign Relations Law" declares unambiguously
that "If the other state
                         has made a reservation � the Senate � will take
it fully into account in
                         acting on the treaty," and, moreover, that
"Senate consent to the
                         acceptance of the reservation is required";





                         Whereas ratification of the Carter-Torrijos
treaties by the United States Senate was contingent upon the DeConcini
                         Reservation in the United States version
guaranteeing the United States the right to use military force, with or
without
                         Panama�s consent, to keep the Canal open;

                         Whereas the United States Senate was not
informed that the President of the United States had secretly agreed
                         with the regime of Omar Torrijos in Panama not
to include the essential DeConcini Reservation in Panama�s text
                         version; and, moreover, that the President of
the United States added further to this illegal and unconstitutional
                         action by secretly accepting Panama�s
counter-reservation,which explicitly repudiates the DeConcini
Reservation
                         and subjects United States right of military
intervention to "principles of mutual respect and cooperation";

                         Whereas these discrepancies in the treaty texts
involve the most substantive and fundamental contradictions
                         imaginable affecting matters of the most
serious import to both the United States and Panama, and, thus, render
the
                         ratifications by both parties invalid, null,
and void;

                         Whereas additional serious violations of legal
norms and the Constitutions of both the United States and Panama
                         also render the Carter-Torrijos treaties of
transfer and neutrality null and void, and, therefore, of no legal
standing;

                         Whereas therefore, the original
Hay-Bunau-Varilla Treaty of 1903 between the United States and Panama �
under
                         which the United States legally purchased the
Canal Zone territory from Colombia, Panama, and private
                         landowners, and then, at great cost, built the
Panama Canal, which has proved to be an enormous boon to the whole
                         world � remains legally in force;

                         Whereas the 1903 Treaty between the United
States and Panama grants the United States full sovereign rights over
                         the Panama Canal and Canal Zone "in
perpetuity", and the United States Supreme Court has ruled (1907) that
the
                         Canal Zone is indeed United States territory;

                         Whereas even the terms of the invalid
Carter-Torrijos Neutrality Treaty have been violated, rendering that
treaty
                         doubly void, in that Article V of the
Neutrality Treaty specifies use of defense sites by Panama only, but
Panama is
                         leasing defense sites to a partner of the
merchant marine arm of China�s People�s Liberation Army (Hutchison
                         Whampoa);

                         Whereas the President of the United States, in
defiance of both law and the national security and economic interests
                         of the United States, has proceeded, and is
proceeding, with the complete transfer of this vital, sovereign
territory of
                         the United States to Panama;

                         Whereas this transfer process is proceeding
toward imminent completion on December 31, 1999; and

                         Whereas treaties are legislative acts and, as
officially noted in Jefferson�s Manual and Rules of the House of
                         Representatives, "Treaties being declared
equally with the laws of the United States, to be the supreme law of the
                         land, it is understood that an act of the
legislature alone can declare them infringed and rescinded": Now,
therefore,
                         be it

                         Resolved by the Senate and House of
Representatives of the United States of America in Congress assembled,
                         That notice is given to the Government of
Panama of the decree of nullity of the 1977 Carter-Torrijos treaties,
and,
                         further, that the United States recognizes the
Hay-Bunau-Varilla Treaty of 1903 has never been voided and remains
legally
                         binding.



                         We encourage readers to contact their own
congressman in support of H.J. Res. 77, even if Congress is not in
                         session. The address for any member of the
House is: (Representative�s name), House Office Building,
                         Washington, D.C. 20415. The Capitol switchboard
number is (202) 224-3121.

                         Current Cosponsors - H.J. Res 77

                         Rep Baker, Richard H. (R - LA)
                                                     Rep Metcalf, Jack
(R - WA)
                         Rep Burton, Dan (R - IN)
                                                     Rep Nethercutt,
George R., Jr. (R - WA)
                         Rep Collins, Mac (R - GA)
                                                     Rep Rogan, James E.
(R - CA)
                         Rep Crane, Philip M. (R - IL)
                                                     Rep Salmon, Matt (R
- AZ)
                         Rep Cubin, Barbara (R - WY)
                                                     Rep Sessions, Pete
(R - TX)
                         Rep Danner, Pat (R - MO)
                                                     Rep Stearns, Cliff
(R - FL)
                         Rep Doolittle, John T. (R - CA)
                                                     Rep Stump, Bob (R -
AZ)
                         Rep Duncan, John J., Jr. (R - TN)
                                                     Rep Sweeney, John
E. (R - NY)
                         Rep Goode, Virgil H., Jr. (D - VA)
                                                     Rep Tancredo,
Thomas G. (R - CO)
                         Rep Graham, Lindsey O. (R - SC)
                                                     Rep Taylor, Charles
H. (R - NC)
                         Rep Hefley, Joel (R - CO)
                                                     Rep Traficant,
James A., Jr. (D - OH)
                         Rep Hunter, Duncan (R - CA)
                                                     Rep Wamp, Zach (R -
TN)
                         Rep McIntosh, David M. (R - IN)
                                                     Rep Young, Don (R -
AK)

http://www.jbs.org/canal/panama_hjr77.htm

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Bard

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