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Peace at any cost is a prelude to war!
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
Peoples 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 Peoples 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 Peoples
Republic
of China for de facto control of the Canal;
Whereas the Peoples 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 Peoples 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 nations
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 Panamas 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 Panamas text version; and, moreover,
that the President of the United
States added further to this illegal
and unconstitutional action by secretly accepting
Panamas
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 Chinas Peoples
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 Jeffersons 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:
(Representatives 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 Trancredo, 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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