The times. [volume] (Washington [D.C.]) 1897-1901, 1900-11-25

| by opposing the treaty" and that some
thing may be done clearly to place respon
| sibility on the shoulders of men who. Will,
| fighting the treaty, are really fighting To-
| the cause Of trans-continental railroad in
| terests." ot
Senator Morgan OF Alabama in presenting
| report from the Committee on Inter
Oceanic Canals. on June 4, set forth tha
through the request OF the President OF
the one hand and Of the House Of Repre-
senta:ives on the other hand. questions re.
lating to the power and duty of the Senate
are now apparently forced upon the Senate
that arise out OF the Clayton Bulwer Treat!
which was ratified by the Senate on tn.
18th Of July. 1850.
The negotiations with Great Britain o.
the Hay-Pauncefote Treaty to remove GER
tain difficulties that have grown out Of the
Clayton Bulwer Treaty. and the passage o.
House bill 25S8, which Is alleged to have
the same effect. furnish the occasion fol
this dual resort to the powers Of the SEN
ate for the purpose OF accomplishing the
wish Of the people for the construction of 9
ship canal to connect the Atlantic and Pa
cific oceans. The House bill makes no ref
erence in terms to the Clayton Bulwei
Treaty, or to the Hay Pauncefote negotia-
tioE, nor is it In necessary conflict with
any provision of either treaty. 1t leaves
all diplomatic QueStlOHb tudt SAiSI OF ina
may arise to the disposal of the rightful au-
thorities of our Government.
ut does not assert or deny that such
disposal of the canal question must &C
cord with the policy of the United States,
as declared in its laws, but such an as
sertion would be superduous, because
that measure declares a public policy on
the subject of the canal and provides the
means for it's enforcement The bill pro-
poses to accomplish this through the
paramount power OF the legislative de-
partmeni, which stands above all laws,
except such as are ordained in the Con-
stitution OF the United States. In this
respect. the House bill COMFORTS fully
and exactly with the sovereign powers
and authority of the United States. II
the Clayton-B ulwer Treaty stands in the
way of such a declaration of the policy
and the purposes OF our Government. it
must give way to the paramount law IL
the House bill is enacted into statute
of the United States
Whether the Clayton Bulwer Treaty
is an obstruction, actual or sentimental
TO such law as is proposed In the House
bill is a question about which there is
diversity of opinion; and there is diver
sity also as to the appropriate method
to be adopted for the removal OF sucn
obstruction, II it actually exists.
THE Hay Pauncefote negotiation does
not in terms, admit or assume that the
Clayton Bulwer Treaty is, in fact, an OBJ
struction to the exercise by Congress of
the powers on which the House bill
rests. 1t assumes, properly, that the
Clayton Bulwer Treaty has received the
solemn sanction of the treaty-making
power of the United States. and that no
effectual measures have been adopted by
either OF the treaty powers to termi-
nate II. II does not assume that Con-
gress is wanting in power to terminate
that treaty. or is embarrassed by any
Just consideration of comfy or public
duty in declaring that the treaty is abro-
gated
1t does assume, according to the fact,
that difficulties have arisen between the
treaty powers as 10 the Interpretation of
the Clayton Bulwer Treaty and as to the
effect of various transactions which have
attended the efforts to comply with and
execute its various provisions. and II
presents the plan of an agreement to re-
move those difficulties and doubts so far
as they relate to any isthmian canal in
Nicaragua and Costa Rica. or elsewhere
THAT plan includes the termination OF
result. without the afirmance or disafir-
Its binding obligation upon other the dip
lomatic or the legislative departments of
the United States for the future.
The Hay-Pauncefote negotiation, II 1t
is ratified, creates Q new treaty. which
refers to and removes difficulties that
have arisen out Of the Clayton Bulwsr