New-York tribune., 1900-12-04
THE NICARAGUA CANAL BIZ
A PLEA FOR THE RECOGNITION eF
CLAYTON-BULwER TREATY.
To the Editor Of The Tribune.

To the Editor of The Tribune.
Sir: Very after Congress will han.
semhled there viii be submitted to the sanst. :
It's final vote Mr. Hepburns Eaf 0(nr the cors,. Dr
ton Of the Nicaragua Canal since this art ~
adopted by the House events ofssorId wide ~
pOrtance have occurred In China. Tie faea a. -
political world there has much changed ~
situation IS so pregnant with Importance thai -
question tc the method OF construction a.
canal in Nicaragua has become In political sen..
issue
So far as the existing international situatio, 4
concerned IL might almost be said that sna ,r,-,
Of this question took place, IN the House. IN .r,
generation. and that the verdict is to b. ~
nounced by another. in the Senate Let "a hon
that the verdict will be more impartial mora IN
GiciaI than the trial. The Senate OF fhs
United States has always claimed and enjoyed tho
title of "deIiberative body" May IL now again
justify this distinction. May II and resOsc.
national honor and international law. ana all thosa
pledges and treaties which the House brushed 40
contemptuOusly aside.
Before alluding to the radically different sItu,.
tion politically in China. let me briefly refer 10
burn, made to that empty, trivial tradition fhst
chimericaI theory-nternatiOnal law. He admitte5
how generous and fair minded-but declared tbat
it had expired by "non-user." laPsed ipso facto.
Indeed! The Clayton Bulwer Treaty was adopted
in 1850 Therefore treaty made by the Govern
ment of the United States with a foreign nation
out repeal action by the governments which
made II, il not physically acted upon. What au-
thOrity has Mr. Hepburn for such rule Of inter-
national law?
But to refer briefly now to the changed political
situation in China. Since Mr. Hepburn was in
Weighing in the House against treaties pledges and
such chimeras American blood has been freely shed
In China in defence of those very principles OF IN
teTnatiOnal law honor and comfy which Mr.. Hen
burn so completely disregards To make the Chi.
nese respect their treaties with us fulh our Oh
legations toward those foreign governments who
have opened up China TO American commerce. our
troops have fought side by side with the Eng
Esh. German and all the rest. Really, the princi-
Piles of the advocates Of Mr. Hepburn's bill are
practically those Of the BOXersi For do not both
deny the validity the significance Of the rights OF
foreigners, and of any COmpaCts made with them?
The partisanS of Mr.. HeDburn'S bill have argued
7 should say spOxen-like political BOxeTs Does
made between the. United States and China have
lapsed. expired by ''nOn-uSer, and that any COM
pact made by China with this Government can be
Violated with impunity by the Imperial Govern
ment at its pleasure without the consent OF the
United States? And yet this Is precisely the ati-
tude which he assumes toward treaty made By
this country with Great Britain.
II shOqld; moreover, oe leLlleliIusIeI I thdI me
ClaytOn-Bulwer Treaty was recognized as being
stu in force in 1885,, when Congress refused 70
make another treaty on the same subject. because
II conficted with the ClaytOn-I}Ulwer compact
The Senate of the United States, eOncurTently with
the President is the treaty making branch Of the
Government Let US hope that il will act In ac-
cordance with its best traditions and not be party
10 the violation of a convention which delib-
erately made by itself in its honorable position Of
international guardian and trustee -
London. England. Nov. IS. 1900.