The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-13
a TREATY THAT SHOULD NOT HAVE
REEN MADE

ltS- IO-udy II - 11dWdll ana the GnlnQplllSS,
fifty years ago it was California. The Clay
toni uwer treaty, which is about to be-
come a subject of national and interna-
tional discussion owes its existence to our
acquisition of California and the discovery
Of gold there in 1S4S Previous to that time.
having no large interests on the Pacific
coast and never expecting to have, we had
not realized the importance of an inter-
oceanic canal. The rush of population that
followed the discovery of gold in California,
and the rapid peopIing of that State with
the assurance that the Pacific coast States
would soon follow, showed the Importance
OF ship canal that would greatly shorten
the distance between the Atlantic and Pa
cifc coasts and bring the Pacific States
much nearer the seat of government. We
conquered and occupied California in jan
uary, 1s47; the treaty of Guadalupe-Hidalgo
confirming our possession of it, was signed
in May, 1913; gold was discovered there
shortly afterwards, the rush Of population
began in 1s49, and the Clayton Bulwer
treaty was signed at Washington, April 10,
1850. 1t was the acquisition of California
that gave birth to the Nicaragua canal
project, which the acquisition of Hawaii
and the Philippines has invested with new
Importance
The United States never should have en-
tered into the Clayton Bulwer treaty, and
if there is any honorable way of getting out
of it we should do so. The treaty is due to
the superior British diplomacy of that day.
The United States had already in 1S49 en-
tered into a treaty with Nicaragua for the
opening of ship canal from Greytown or
San Juan, on the Atlantic coast, to point
on the Pacific coast, by way of the Lake
of Nicaragua. Greytown, at that time, was
occupied mainly by British settlers and the
whole eastern coast Of Nicaragua was held
by the Mosquito Indians. over whom Great
Britain claimed to exercise protectorate.
If the Monroe doctrine had been as vigor-
ously asserted at that time as 1t has been
since this claim of Great Britain would
have been denied, but, unfortunately such
was not the case. When President Taylors
secretary of State, John NJ. Clayton, asked
the British government, through its minis
ter at Washington, Sir H. l.. Bulwer to
withdraw the British pretensions to the
coast so as to permit the construction of
canal under the joint auspices of the United
States and Nicaragua, Great Britain de-
clned, but agreed to enter into a treaty for
joint protectorate over the canal. The
United States should have rejected this
proposition and stood firmly upon its rights
and it's treaty with Nicaragua. But it did
not do so, and a negotiation followed re-
IN,
treaty is designated in the preamble as "a
convention between the United States of
America and her Britannia Majesty, for
facilitating and protecting the construction
of ship canal between the Atlantic and
Pacific oceans, and for other purposes"
Article of the treaty says:
The governments of the United States and
Great Britain hereby declare that neither
the one nor the other will ever obtain or
maintain for itself any exclusive control
over the said ship canal agreeing that
neither will ever erect or maintain any
Notifications commanding the same or in
the vicinity thereof or occupy, or fortify,
or coloniZe or assume. or exercise any do
minion over Nicaragua, Costa Rica, the
Mosquito coast. or any part of Central
America. nor will either make use of any
protection which either affords, may af-
ford, or any alliance which either has or
may have to or with any state or people,
for the purpose of erecting or maintaining
any such Notifications. or of occupying
fortifying or colonizing Nicaragua, Costa
Rica. the Mosquito coast or any part of
Central America, or of assuming or eXer-
cising dominion over the same: nor will the
United States Great Britain take advan-
tage of any intimacy, or use any alliance,
connection or influence that either may pos
sess. with any state or government through
whose territory the said canal may pass,
for the purpose of acquiring or holding, di-
rectly or indirectly for the citizens or sub
jects of the one any rights or advantages
regard commerce navigation
through the said canal which shall not be
offered on the same terms to the citizens
or subjects of the other.
Other sections provided for the joint pro-
tectorate by the two powers of the canal
when 1t should be constructed, fixed the
terms on which the vessels of each should
traverse the canal in time of war and COW
cred other points of detail. It's effect was to
surrender whatever advantage the United
States had by reason of its existing treaty
with Nicaragua and to place Great Britain
on a footing of perfect equality regarding
the construction and control of the canal
Since the treaty was ratified there have
been repeated controversies regarding it's
construction and binding force. The United
States has contended that, as Great Britain
maintained her dominion over British Hon
duras she has rendered the treaty void, or
at least voidable at the option of the United
States the ground as Secretary of State
F'relinghuysen put it in 1884, First, that the
consideration of the treaty having failed
it's object never having been accomplished
the United States did not receive that for
which they covenanted; and, second, that
Great Britain has persistently violated her
agreement not to coonze the Central
American coast This is good ground for a
strong contention. but whether it would
avail depends somewhat on Great Britain's
disposition in the matter. The treaty stands
in black and white as binding, on it's face
as it was the day of its execution. Its exc
cution was undoubtedly a blunder on the
part of the United States, but there it is
and If Great Britain insists on it's observ-
ance we may find some difficulty in escap-
ing from it. If Great Britain should choose
to waive all claims under the treaty and
admit the right of the United States to the
exclusive control and protectorate of the
canal it would be convincing proof of the
sincerity of her professions of friendship
Perhaps the gift of coaling station in the
Philippines would help her to a right con-
clusion regarding the CLAYTON Rulxver