The times., 1900-12-22
TERMS NOT ACCEPTABLE
Costa Rica and Nicaragua Object
to the Canal Treaty.
Ministers of the Two Republics As
sert That the Protocol Giving
America Right of Way for the
Waterway Has Been Made Null and
void-British Influence Apparent.

New complications in the isthmian canal
situation were discovered yesterday by the
friends of the waterway and it is now
known that Costa Rica and Nicaragua
have refused to recognize the protocol
signed by the representatives Of the Re
publics securing for the United States the
right of way TO construct an interoceanic
canal on their territory. 1t has further
developed that the adoption of the amend
ed Hay Pauncefote compact by the Senate
on Thursday has brought about a muddie
with the two isthmian Governments which
promises to delay all legislation on the
canal. 1t is further claimed that Great
Britain is supporting the two Republics in
their stand.
1t was stated yesterday by a promi-
nent member OF the Senate Committee
on Foreign Relations that the new phase
of the canal situation is extremely en-
barrassing. This Senator on Thursday
night and yesterday morning was ap-
peaIed to by Secretary Hay to aid in
Strengthening out the tangle and announc-
ed that when the Senate resumes its ses-
sions on January g the matter will be Civ
en- earnest consideration by his commit
tee.
From what has developed 1t is known.
this Senator states. that Minister Calvo.
representing Costa Rica. and Minister Co.
rea representing Nicaragua. have entered
q formal protest on behalf of their Govern
ments against the use Of the terms con-
tanned in the Hay-Pauncefote Treaty by
the United States as far as the construc-
lion OF a canal through their territory goes
The two Ministers, it is said, have
been prompted by Lord Pauncefote, and
it was stated yesterday morning that the
latter will, in the near future, enter
formal protest against the wording OF the
compact as changed
II is further stated that Secretary Hay
on Thursday attempted to secure the sig
natures of Messrs. Calvo and Corea to a
new protocol so worded as to declare the
acceptance by Nicaragua and Costa Rica
of the terms of the amended HayPaunce-
fote Treaty. This the Ministers abso-
lutely refused to do.
Furthermore. 1t is said, they pointed out
TO Mr. Hay that he had in his possession
protocol not worth the paper upon which
it is written.
The terms of the protocol, which was
signed by the Ministers representing Mica
Tagua and Costa Rica, are as follows:
'It is agreed between The two
Governments that when the
President of the United States
is authorized by law to
acquire control OF such portion of the
territory now belonging to Costa Rica
as may be desirable and necessary on
which to construct and protect ca
nal of depth and capacity sufficient
for the passage of vessels of the
. greatest tonnage and draft now in use
from a point near San Juan del Norte,
on The Caribbean sea, via Lake Mica
ragua to Brito. Old the Pacific Ocean,
they mutually engage to enter into
negotiations with each other to settle
the plan and the agreements, in de-
tail, found necessary to accomplish
the construction and to provide for
the ownership and control of the pro-
posed canal.
las preliminary to such future ne
gotiations it is forthwith agreed
that the course OF said canal and the
terminals thereof shall be the same
that were stated in treaty signed by
the plenipotentiaries OF the United
States and Great Britain en- February
8, 1900, and now pending in the Senate
of the United States for confirmation,
and that the provisions OF the same
shall be adhered to by the United
States and Costa Rica."
As can be seen, the final clause states
that the provisions Of the same (the
original treaty exhibited to the Govern
ments of Costa Rica and Nicaragua for
agreemenD shall be adhered to by the
United States"
The Governments OF both Republics
have now protested that "the treaty sign
ed by the plenipotentiaries of the United
States and Great Britain on February 5.
1900.'' is not the compact confirmed by the
United States Senate, but document with
ar,rfr fra1r- fta
both Costa Rica and Nicaragua yesterday
declared the protocol signed by them to
be null and void because of the action OF
this Government In breaking the agree
ment.
1t is reported that both Ministers stated
that the document presented to them con-
tanned clause providing that the United
States could not erect Notifications of any
kind The compact ratified by the Senate
on Thursday permits the United States to
Greet fortifcations Of any kind, according
rs this Government may desire TO inter-
Dret the Davis amendment.
The Senator from whom the informa-
tion was obtained explained that the Min
listers were right in their protest and that
the protocol was null and void He fur
ther showed that this Government could
not erect Notifications on the territory
of Costa Riea or Nicaragua without ac-
tually assuming sovereignty over the Re-
publics.
In summing up, Costa Rica and Nicara-
qua have refused to accept the terms of
the treaty. even though Great Britain ray
do so. The 3epstblics refuse to permit
this Government to erect Notifications
upon their territory and are backed up
by Great Britain.
They decline to consider any further
proposals for the construction of a canal
until an agreement favorable to both
Governments can be had. How this nay
be accomplished Is not yet known, and