Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1900-12-29
The HAY-PAUACEFOTE
TREATY ANALYzED
Senator Lodge Says the Amend
ments 10 the Pact Were
Necessary.
NOT DICTATED BY HOSTILITY
Made Solely because II Was Believed They
Were Necessary for Avoidance OF
Any Question as to Control
of the Canal.


who has charge OF the Hay-Pauncefote
treaty In the senate, makes the follow
ing statement:
"The senate amendments arc very
important. but they are also very sim
pie, although there seems to be some
misunderstanding In regard to them,
owing TO the fact that all the debates
upon the treaty took place behind
closed doors. Now that the amend
ments and votes nave been made pub
lie by order Of the senate, IL may not
be amiss to explain them briefly.
Let me say first, that the amend
ments wee not dictated by hostility
toward England, and still less were
they In any degree a reflection upon
the secretary Of state. whose patriot
ism, purity OF purpose. knowledge, ac-
comp,ishments and high achievements
In dealing with our foreign relations,
especially in China, are fully recog-
nizcd by men OF all parties and ."
shades of opinion i'm the senate The
amendments were made Ly the n
solely because in its opinion they were
necessary for the interests Of the
United States for the avoidance of any
question as to the control ofthe canal,
and consequently for the sake OF peace
full n harmonious relations with the
rest Of the world on that subject In the
jNture. The vote by which they were
adopted shows this. The second, or
Davis amendment, passed by "A vote
Of 65 to II, and the other two were
adopted without division.
Amendments Analysed.
THE first amendment Is n simple
declaration that the Clayton-Bulwer
treaty ceases to exist and Is superseded
by the Hay-Pauncefote treaty. The
object OF the latter was to remove the
former as an obstacle 10 the construc-
ton of the isthmian canal. Some good
judges thought that the Hay-Paunce-
fote treaty did this completely as IL
stood. Others believed that certain
portions CT the Clayton Bulwer treaty
still remained In force. TO allow this
doubt to continue would have been a
grave mistake. The American people
desired to be rid OF the C~layton-Bul-
wer treaty finally and beyond ques-
ton. This Is q reasonable and proper
wish, ard to fulfll IL liz the purpose of
the first amendment.
Under article ii. OF the Hay-Paunce-
fote treaty, as IL stood, we were clear
~ bound, If engaged In war, TO permit n
Ipolllt meet, IL II succeeded IN Eclllllk
inside the three-mile zone, to pass an
molested through the. canal. This may
or may not be a practical question, and
III Is or no consequence whether il Is or
not. 1t was a solemn promise to per-
init q hostile fleet to use the canal. That
promise we either intended TO keep or
else we mad II knowing that under
the stress Of war we should break il.
1t we me-nt to keep IT., then 1t was a
A...4 80 A
we knew that we should not keep Il in
time of war, then IL was only honest
and fair to relieve ourselves Of the ID
legation in the treaty itself. This was
the purpose OF the second, or Davis
amendment. which entirely dispo.cs Of
any such promise and which follows eX-
aCtly In principle and almost exactly
In words article X. OF the Suez convcn-
ton, which reserved similar rights II
Turkey, who's interest in the Suez ca
nal Is trivial compared to ours In that
proposed in Nicaragua.
THE third amendment strikes out
article ill.,, by which we engaged t. in
vite other nations to adhere to the
treaty n thereby become parties TO
1t. Had there been no Clayton-B ulwer
treaty we should have negotiated with
no one except Costa Rica and Nicara-
u as TO building the canal. with
England. owing to the Clayton-Bu,wer
treaty, we were obliged to treat. hut as
we expect Europe to keep out of this
hemisphere ii see'xed to the senate un-
wise, however excellent and liberal the
intention, to invite European nations
to share In an American treaty and
thus give them the right to NEEDLE in
American affairs at any point.
Such are the purposes of the three
amendments, which in no way d~erogate
from the intention Of the United states
that this canal shall be a neutral high
way for the worlds commerce."
New Treaty Was Needed
do you think England will accept or
reject these senate amendments?" tho
senator was asked.
THAT is "A question | have been asked
many times, ard upon whiCh | do noe
think II WOULD he right or proper for
me to express an opinion" was the re-
ply. But | think | can with propriety
say a word as to our views OF the
amendments. II is well recognized in
international law that when the condi-
tons under which a treaty has been
made nave radically changed and new
conditions and new demands have
arisen, this fact is an ample ground for
seeking an abrogation or M. LITIGATION
OF the original instrument. ine Amer
ANefs NNlA $500 ~ 'HAANAF fAAAAi AAIA IL L ~
build and control, the isthmian canal.
They recognize that the C~layton-Bul-
wer treaty, made fifty years ago, un-
der conditions no longer existent,
stanos in TIE way. They have no de-
sire to clear ii from their path in a
violent fashion by formally dcnGuuCing
IL, or by passing laws and taking action
in CONFIRMATION of its provisions. They
wish to remoVe ii by amicahle arrange
ment, In q suitable and becoming man
ner. The Hay-PaunCefote treaty was
framed with this object. The senate il
part of the tre2ty-making power, and
treaties sent to II for ratification are
not strictly treaties, but projects NJ
treaties. They are still inchoate. In
the exercise of its ~undoubted rights,
without the slightest reflection upon
any one, II witho'.. a shadow of hos
tility to a friendly nation, the senate,
continuing the negotiations begun by
Mr.. Hay, offers three new propositions
to England. 1t asks mere to omit the
clause inviting other nations to adhere,
which does not touch her at all. They
ask her 10 conform to our desires by
agreeing in unmistal.able language to
the suppression of the Clayton-Bulwer
treaty by the Hay-Pauncefote treaty.
which is the whole urpo of the nego-
tiation. They ask her finally TO accept
In this treaty the reservation of rights
p0( A IN uHRO rOAI