New-York tribune., 1900-03-10
TO DEFEND THE CANAL.
MR.. DA VIS'S AMENDMENT IN
HA YPAU AUNCEFOIE TREATY.
ACTION TAKEN BY THE FOREIGN REI.A.
IlONS COMMITTEE REPORTS
MADE TO THE SENATE.
TBr TELEGRAPH TO THE rRrRrxr,

Washington, March e-The Senate cor,-,,t...
on Foreign Relations reported the Hav-Paunc..
iote canal Treaty to-day with an amendrnen,
designed to give the United States free hand
IN dealing with the proposed waterway when
at war with any other nation The amendment
drawn by Mr.. Davis the chairman as the com,
mlttee, along lines already indicated in these
oispatches. received the support OF every MEM
oer OF the committee present at to-day's meet
ing except Mr.. Morgan. of Alabama Mr. Nor
gan opposed the Incorporation of the Davis pro-
vlso In the text OF the treaty the ground that
IL clashed with the whole theory of neutralfza-
ton to which the Hay-Pauncefote agreement
the committee decided however TO insist on
such modification Of the neutrality scheme as
would put 1t In the power of this country to
close the canal TO an enemy. If such action were
made necessary as a means of National de-
fence As amended, the treaty will probably
encounter no very serious opposition in the Sem
ate, and ratification is predicted by its ad-
vocates at early date
Senator Daviss proviso Is a paraphrase of the
first clause of Article X of the Suez Canal
treaty which says that Articles ~. V. vi and
VII (articles of naturalization shall not OBJ
struct measures which His Majesty the Sultan
and His Highness the Khedive in the name OF
His Majesty, may be obliged TO take to assure,
by their own forces. the defence of Egypt and
the maintenance of public order"
Mr. Davfs's proposed reservation OF rights
says:
1t is agreed, however that none of the frrne.
diately foregoing conditions and stfpuations in
Sections Nos l. 2. 3. 4 and ) of this act shall
apply TO measures which the United States may
lind IT necessary to take for securing by it's own
forces the defence of the United States and the
maintenance of public order.
This amendment is inserted the end of Sec.
ton of Article II of the treaty.
WIDE SCOPE OF THE AMENDMENT.
Though initiating the phraseology of the sues
treaty article. 1t is apparent that the Davis
amendment is capable of radically different
and vastly freer Interpretation. The purpose OF
the Suez proviso to give the Power through
whose Immediate territory the canal passed au-
thority to deny neutral of the canal a
foreign invader or TO domestic insurgents The
Davis proviso. the contrary comedies this
right to suspend neutrality not TO the countries
Nicaragua and Costa Rica-through whose
territory the isthnian canal is 70 pass. but to
the United States whose nearest ports hum
dreds of miles from the canal entrances.
The canal is thus made by treaty part OF this
country's system OF military defence. and the
widest latitude is allowed to the United States
in determining when and how the military con-
troll thus granted is to be exercised Probably
under the proviso the for-iicatiOns expressly
forbidden by another article OF the treaty could
be legitmately built. for without fortifcations
this country would be poweriess to maintain its
military authority over a narrow waterway
piercing the territory Of two foreign govern
ments. The vagueness of the proviso leaves ir
open, indeed. to all sorts OF constructions, and
it is this vasueness. perhaps. which makes it
satisfactory 10 the many varying shades OF
opinion which have found expression in .he Sem
ate since this country's canal policy has been
under discussion.
The report was made to the Senate at an ex-
ecutive session. The presentation OF the treaty
10 the committee was accompanied by written
report giving reasons for the amendment and
also in support of the treaty as whole. Later
in the day Senator Morgan filed a minority re-
port in opposition to the amendment.
THE COMMITTEES REPORT.
The report submitted with the treaty reviews the
general situation with reference the canal. and
makes comparatively few recommendations. Il
says. however:
We are in full accord with the purpose expressed
In Article II OF the pending convention to adopt
substantially embodied in the Treaty OF Con-
stantinople for the free navigation of the suea
Maritime Canal.
The report then analyzes the Suez Canal Treaty.
laying especial stress on Article " which it says
''prescribes limitations of the utmost Importance
upon the stipulations." That article is quoted
tire, and the report continues;
No equivalent limitations are. specifically ex-
pressed in the convention under consideration,
II may be argued with considerable force that
laration in Article II of the pending treaty. that
It's basis is substantially the Treaty of Constant-
nOple But this contention is not. in the opinion OF
your COMMITTEES, so clearly correct that the ques-
tion the right be safely left inference or
implication
ARGUMENT FOR THE AMENDMENT
The committee thinks 1t prudent that all doubt
be removed by an amendment equivalent in lis
substance and effect 10 the precedent offered by
Article OF the Treaty of CoustantinOple which
II cannot De supposed. was intended TO have no
same reason which Justified Article Y in the
treaty OF C9nstanttn9pie requires that its equiv
a.ent snail De included in the pending treaty.
II IL was proper that the Treaty OF Con-
ures which the Sultan and Khedive "mighr
lind il necessary take for securing bv their own
of public order" or If it were proper that fbs,
provision of the enumerated articles OF thsr
the measures which the Imperial ottoman esov
ernment may think 1t necessary 10 take in ordep
possessions situated the eastern coast OF tbs
Red Sea-" surely the situation OF the United
be occupied by the canal itself requires the incor-
porat0n into the pending convention of stpulations
equivalent 10 those in Article Y OF the Convention
If it was deemed WISE to reserve to the Ottoman
Empire the right to suspend the operation Of ths
treaty in certain specified contingencies for the
maintaining public order. and for the purpose a OF
securing by it's forces the defence OF its other
Red Sea a coast eleven hualred miles in ienxths
with Turkish possessions both coasts OF nearly
twelve million OF its subjects in Egypt and Ia tbs
provinces of Hed1os and Yemen. on the eastern
principle sustain the contention tnat the pending
treaty should contain equivalent stipuatons.
The committee concludes its recommendations bv
quoting its proposed amendment. remarking a.
follows:
are clearly OF the opinion that II Article Y did nor
the true interests and necessity of the United