New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-18
DENOUNCING THE TREATY.
SOME CONSIDERATIONS MR.. CARNEGIE
HAS OVERLOOKED.

To the Editor of The Tribune.
Sir: MFs Carnegie's able and interesting letter
In The Tribune this morning only emphasizes
the fact that 1t is really the Clayton-Bulwer
Treaty which is on trial at Washington. Con-
sideration Of the Hay-Pauncefote Treaty turns
almost exclusively upon the question to what
extent it reaffirms, mobiles or abrogates that
elder instrument Some pending propositions
are aimed directly at the Clayton-Bulwer Treaty
for its termination, and the United States Gov
eminent may presently be confronted with the
alternative of either abrogating the Clayton
BuIwer Treaty outright letting it stand in
full force and thus continuing indefinitely the
unsatisfactory status Of the last half century
What the treaty provides and would continue
to require is pretty well understood TO w.t. that
neither the United States Great Britain
shall ever obtain or maintain exclusive control
over a Central American canal. or acquire
colonize fortify any part of Central America.
What is now pertinent is to understand what
might be the effect of the abrogation Of that
treaty
Obviously such effect is to be determined by
both and not by a single one of the signatory
Powers. Mr.. Carnegie argues that Great
Britain can and will make trouble about It,
His contention has force to this extent;-that he
produces a high British authority in Inter-
national Law to clear right to denounce
the treaty; we'll numerous examples in
which other nations have exercised similar
right without dispute. under somewhat similar
circumstances. But look this precise case
dispassionately. The treaty Is an equal compact
between two equal Powers. II is not like some
treaties, for limited term of years. but per-
petual in it's duration. 1t contains no provision
for its termination notice at the will of either
party, but is presumptively to be abrogated only
by mutual consent of both parties; unless. in
deed it be arbitrarily repudiated by one regard
less of the will of the other. Ought that to be
thought OF save in an extreme contingency
which, 1t is to be hoped, will never exist? One
party might of course. move for the termina-
ton of the treaty on the ground that IL had
proved inefficient for its own purposes that con-
ditions had so changed as TO make it inappro-
pirate or that the other party had so violated
il as to make it in fact null and void but Al ia
evident that such ground could be established
amcably only by negotiation and mutual agree
ment or through arbitration. TO which latter
this country might in such be reluctant
to resort There is. then, wal significance in
the current suggestions OF the British press that
British assent to abrogation Of the CLAYTON
Bulwer Treaty may be conditioned upon COM
pensation.
The obvious effect of abrogation OF treaty Is
to release the parties to it from the restraints
which it imposed, and. in a measure. to restore
the status quo ante. Beginning with the latter
will Mr.. Carnegie consider what that status
was? The United States had established a
virtual protectorate the Panama isthmus
aad had guaranteed the neutrality of every
route of transit thereon. An American company
had then planned a Nicaragua canal but had
found its way blocked by the British occupation
of Greytown. the San Juan River. the Mosquito
Coast and the Bay Islands. Next American
envoy had negotiated with Nicaragua treaty
ignoring these British occupations and guaran-
teeing TO Nicaragua her possession OF the terri
tories-a treaty, however. which was never pre-
scented 70 the Senate for ratification. In return
Great Britain had reaffirmed her claims, and in
addition had seized. ''for debt" Tigre Island in
Fonseca Bay. The United States envoy had
warned the British commander to evacuate
Tigre Island within week. under penalty Of
his act being dealt with by the United States as
one of hostile aggression. Matters stood at this
Ominous stage when Mr., Clayton took them OUT
of his agents hands by himself negotiating tbs.
treaty which bears his name.
Mr.. Clayton supposed that his treaty would
require Great Britain TO relinquish all claim
upon Greytown. the San Juan. Mosquito and
the Bay Islands, though IL would not require her