The Canal Zone was
acquired by a treaty with Panama that followed its recognition--a
recognition made with such promptness that it has since attracted some
criticism. Congress passed a law that the President should have power to
govern that country for a year, but failed to renew the grant of power.
The question arose then as to what was to be done in the Canal Zone. A
prior act covering the building of the Panama Canal required the
President to build it through a commission, but that was all. He might
build it anywhere, either in Nicaragua or Panama, but he had no express
governmental power over the Canal territory. He had, however, to see
that the laws were executed, which meant that he must look after every
piece of territory belonging to the United States and safeguard it in
the interest of the people. It seemed to us, therefore, to be within the
executive authority, until Congress should act, to continue the
government of the Zone, maintain courts, execute men who committed
murder, and discharge all the political functions required to constitute
a law-abiding community.
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