The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-24
HOSTILE TO THE THE TREATY
Resistance TO the Ratification Of
the Hay-Pauneefote Agreement.
An Ugly Parliamentary TangIe
Promised NJ the Coming Session OF
ConEress-President and Secretary
of State Reported rs Intending
10 Exercise Their Full influence.

/
legislation are of the opinion that the at
tempt which IS to be made by the Amin
ist-ation % force the ratification of the
-Pauncefote Treaty in its original
form as condition precedent TO the cor
struction of the Nicaragua Canal viii
produce one of the ugliest parliamentary
tangIes of the coming session of Congress.
, It is admitted that If the treaty shall be
thus ratified it will be because of the ex-
ercise of all the influence which the Pres
ident and his Secretary of State can COM
mand. .-..-.,..- -..-.,-.
It is said that the vigor of the opposl-
tion to the treaty is that that instrument
provides that no Qualifications shall be
erected on the canal or which will COM
mand the entrances thereto. 1t shall new
er be used in any sense as naval base.
The Hepburn bill which was passed by
the House Of Representatives early in May
provides for the construction of the canal
and for 5tS protection by the Secretary of
War When the bill reached the Senate
Senator Davis brought forward an amend
ment for the consideration of the Com
mittee on Foreign Relations which pro
El5es that nothing in the treaty shall re-
any measures which il may find necessary
for the defence of the United States
This amendment was taken IN the main
| from the tenth clause of the Treaty of
Constantinople securing the neutrality of
the SUez Canal.
On this point one of the best friends of
the Hay-Pauncefote Treaty has said.
The Suez convention provides that Tur-
hey shall not be prevented :rOm express
ing any sovereign rights necessary. and for
her own self-defeuCe. Instead of pursu-
ing the analogy OF the cause and giving to
Nicaragua the power 10 do-any nee
! essary for her national defence the
( Senate committee placed IN the Pauncefote
Treaty an amendment by which the United
! States agrees with England that the United
. States. and not Nicaragua, shall Go any
! thing that may be necessary.
The cOmr-5ttee left out OF view the first
section or article 3 OF the treaty, pro
viding thei tEe Nicaragua Canal shall DC
Tree and open in time of war as in time
( Of peace and the seventh section OF the
same article. which specially fOrbfds the
erection OF Notifications.
The last section however, authorizes
the United States to maintain sgch militia
y police along the canal as may be neces-
sary tn protect 1t against Iaw4essness and
disorder and under this provision We can. {
( il We so desire, send an Army corps to
guard the waterway"
The hint Is rather strongly made here
that many Senator's who DO not dare op-
pose the canal openly are doing so secretly
by opposing the treaty :" AID that some
thing may be done clearly to place respCn- /
sibility on the shoulders Of men who while /
fighting the treaty, are really fighting for
{ the cause Of trans-coE-i1entaI railroad in /
terests"
Senator Morgan OF Alabama in presenting /
report from the Committee on Inter I
, Oceanic Canals. on Jane 1 set forth that !
, through the request OF The President on /
ne one hand and of the House Of Repre- /
5eHtatIves on the other hand, questions re- /
. lating to the power and duty OF the Senate I
are now apparently forced upon the Senate (
taat arise out Of the Ciayton-Buiwer Treaty I
which was ratified By the Senate OF the 7
4th Of July, 1850
Thu negotiations with. Great Britain Of /
the Hay-Pauncefots Treaty 10 remove Ger (
tain difficulties that have grown out OF the I
Clayton ulv-er Treaty. and the passage CT {
House bill 2538, which is alleged to have ,
the same effect, furnish the occasion fer /
this dual resort 10 the powers Of the Sen /
ate for the purpose Of accomplishing the /
wish Ct the people FOR tie construction OF 2 /
ship canal TO connect the Atlantic and Pa /
cifc oceans. The House bill makes 70 ref /
eTenc5 in terms TO the CiaytoH-BuIweT /
Treaty. OF to the Hay-FauEcefOte uegotia- /
tier. nor Is Il in necessary conflict with (
any provision Of either treaty II leaves /
all diplomatic questions that exist or that
may arise to tire disposal of the rightfuI ag-
thoFiUss CO or Government
1t does not assert or deny that such
disposal OF the canal question must &C
cord with the PaIicE-9f the United States
as declared in its laws but s;=ch an as
sertion would be superduCus. because
that measure declares q public policy on I
the subject Of the canal and provides the
means for its enforcement. The bill pro-
poses to accomplish this through the
paramount power Of the legislative de-
partment, which stands above all laws
except such as are ordained in the Con !
stitution Of the United States. In this !
respect, the House bill eompofts fully !
and exactly with the sovereign powers |
and authority of the United States. If
the ClaytCn-BulweT Treaty stands IN the
way Of such declaration OF the policy
and the purposes OF our Government. It
must give way. to the paramount lew If
the House bill is enacted into a statute |
of the United States.
Whether the Clayton Rulwer Treaty
is an obstruction actual or sentimental,
to such Law rs 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 such
obstruction, if It actually exists
The HRy-PdunCefote 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 BuIwer 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 it II does not assume that Cen
gTess 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 tie fact.
that difficulties have arisen between the
treaty powers as to the Interpretation %
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 affiTp1anee or dfsafir-
nance of its present obligatory force. or
Its binding obligation upon either the dip
lonatic or the legislative departments of
the United States for the future.
The Hay-PaUncefote negotiation it
is ratified, creates a new treaty, which
refers to and removes difficulties that
have arisen out Of the CIayton-BuIwer
~ To