The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-05

in Forcc-To Demand a Vote Today.
The Committee on Inter-Oceanic Canals
yesterday presented to the Senate, through
Mr. Morgan. report on the joint resolution
declaring the Clayton Bulwr Treaty be-
tween the United States and Great Britain
TO be abrogated. The report declares the
treaty to be void and Mr.. Morgan will call
the matter up today and force a vote on it
in the hope CT having the recommendation
adopted.
The document declares that the isthmian
canal agreement with England is abrogated
and is no longer in force. 1t is argued that
the treaty provided for an alliance with
Great Britain: that the United States
agreed to maintain the neutrality Of the ca
nal. which presupposed the employment Of
the Army and Navy, which employment, in
turn. made necessary an appropriation. II Is
stated that appropriations can only be made
by Congress, and the treaty is uneonsitu-
tional because it usurps functions lodged in
the entire Congress and not reposed in the
Senate alone. and that the treaty is and al
ways has been unconstitutional.
The aim of the report is to overcome the
difficulties which the Administration has
rused in the way Of the American canal. 1t
N-clearly and forcibly argued that the
treaty is not operative nor binding on the
United States. The committee Is unit In
making the statement that until Congress
has assented to it. the treaty is not opera
tive. 1t is also asserted that Great Britain
has abandoned all right to contend that the
treaty is in force.
Text OF the Report.
The full text Of the report is as follows:
Through the request of the President on
the one hand. and of the House Of Repre-
seatatives on the other hand, questions re-
lating to the power and duty Of the Sem
ate are now, apparently, forced upon the
consideration Of the Senate that arise out
of the Clayton Bulwer Treaty, which was
ratified by the Senate on the 4th OF July,
1850.
The President invokes the treaty-mak-
ing power, and the House OF Representa-
tives requests the exercise OF the legislative
powers OF the Senate. both substantially
for the same purpose. The negotiation with
Great Britain OF the Hay-Pauncefote
Treaty to remove certain difficulties that
have grown out OF the Clayton -Bulwer
Treaty. and the passage Of House bill 253S,
which Is alleged to have the same effect.
furnishes the occasion for this dual resort
to the powers Of the Senate for the purpose
of accomplishing the wish of the people for
the construction of a ship canal to connect
-.the Atlantic and Pacific Oceans.
= while these requests are not neces-
sarily in conflict, they each present the
question whether the Clayton Bulwer
= Treaty is obligatory upon Congress, SO
to control its duty, or to limit its powers
In the enactment Of the House bill nov
pending in the Senate. The House bill
makes no reference In terms to the Clay
ton -Bulwer Treaty. or to the Hay-Paunce-
f0te negotiation. nor is II in necessary con-
fiict aith any provision of either treaty 1t
!: leaves all diplomatic questions that exist
! or that may arise to the disposal of the
rightful authorities of our Government.
'ft- does not assert or deny that such
8 disposal Of the canal question must accord
with the policy Of the United States. as
. dec,aredSin its laws. but such an assertion
would be superfuous. because that meas
ure declares a public policy on the sub
feet Of the canal and provides the means
for its enforcement. The bill proposes to
!. accomplish this through the paramount
power of the legislative department, which
stands above all laws, except such as are
> ordained in the Constitution Of the United
States In this respect the House bill
comports fully and exactly with the SOW
, ereign powers and authority of the United
). States. If the Clayton -Bulwer Treaty
stands in the way of such a declaration
of the policy and the purposes Of our Gov
ernment, it must give way to the para
mount law If the House bill is enacted
into statute OF the United States.
The Right to AbroEate.
whether the Clayton Bulwer Treaty is
an obstruction, actual or sentimental to
such law as is proposed in the House
bill Is question about which there is
diversty of opinion; and there is diver
sity also as to the appropriate method to
be adopted for the removal Of such OBJ
struction, il ii actually exists. The Hay
Pauncefote negotiation does not, in terms.
admit or assume that the Clayton Bulwer
Treaty is in fact, an obstruction 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 saction Of the
treaty making power of the United States.
and that no effectual measures have been
adopted by either OF the treaty powers to
terminate 1t. It does not assume that Con-
gress IL wanting in power to terminate
that treaty, or Is embarrassed by any Just
consideration Of csmity or public duty In
declaring that the treaty is abrot;ated.
"It does assume. according to the fact.
that difficulties have arisen between the
treaty powers as to 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 it
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 the
Clayton Bulwer Treaty. as a necessary
result without the afirmance or dis
afhrmance OF its present obligatory force,
or its binding obligation upon either the
diplomatic or the legislative departments
OF the United States for the future.
"The Hay -Pauncefote negotiation, II 1t
Is ratified, creates a new treaty, which