The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-22
He ReIinquished the Right to BuiI'
Permanent Fortifications.
RESERVATION OF RIGHTS IN WAR
Under the Convention Before Amend.
cd We We're Bound, il Engaged i'll
War, to Permit Hostile Fleets to-
Pass Unmulestcd Through
Canai-No Right to Make
Such Promise.
(By Associated Press.

WASHINGTON, Dec. Ex-senator Lodge,
VINO had charge OF the Hay-Pauncefote
treaty in the Senate, to-day made the
following statement;
The Senate amendments were not die
tated by hostility toward England, and
still less were they in any degree re-
Election upon the Secretary OF State. The
amendments were made by the Senate
. solely because in its opinion they were
States for the avoidance of any question
as to the control Of the canal, and con-
SeouenCly for the sake OF peaceful and
harmonious relations with the rest of tae
world on that subject in the future.
The vote by which they were adopted
show this The first amendment IS Il SIM
pie declaration that the Clayton-BuIwer
treaty ceases to exist and is superseded
by the Hay-Pauncefote treaty. The OBJ
iect of the latter was to remove the for
mer as an obstacle to the construction
Of the ltnmian Canal.
NO RIGHT TO MAKE IT.
Under article II. of the Hay-Paunce-
fote treaty, as it stood, we were Clearly
bound, ii engaged in war. to permit a
hostile fleet. If it succeeded in getting in
side the three mile zone, TO pass unuoeSt-
ed through the canal. II we meant to
keep it, then it was 4 promise no nation
ought to make. If We knew that we
should not keep it in time of war. then
it was only honest and fair 10 relieve ouT-
selves of the obligation in the treaty it
self This was the purpose OF the second
Davis amendment, which entirely dis
poses Of any such promise.
The third amendment strikes out arti-
Gle III. by which we engaged to invite
other nations to adhere TO the treaty and
thereby become parties of 1t.
1T is we'll recognized in International
law that when conditions under which d
treaty has been made have radically
changed, and new conditions and new de-
minls have arisen, this fact is an ample
ground for seeking an abrogatton or modi-
ticatiOn of the original instrument. The
Senate is part of the treaty-makinS power,
and treaties sent to it for ratification are
not strictly treaties, but projects for trea-
ties.
THREE PROPOSITIONS.
THE Senate continuing the negotiation
begun by Mr.. Hay, offers three new
propositions to England. They ask her
to omit the clause inviting other nations
To adhere which does not touch her at
all; to agree in unmstakabie language
to the suppression of the Clayton-BuiWer
treaty by the Hay-Pauncefote treaty;
in time of war. Ensland's interest in
having the canal built be it great or
small is second only TO ours. We agree
that all vessels OF commerce and of
war shall pass through the canal on the
same terms as our own, rnd-in war be
tween other powers we agree to preserve
the neutrality of the canal toward all
beligerents.
IN reference to the wishes of Nicaragua
and Costa Rico in regard TO this treaty.
and not to any we may hereafter make
with them, we relinquish the right to
erect permanent Notifications, and al
though there is TO need of such fortifica-
tions the right to erect them is an i'm
portant right, and its relinGuishment
goes to the last verge of concession The
vast expense OF maintenance and defense
of the canal are ours, and the American
people will never permit a canal there
which they do not control, because the de.
fense of the United States overrdes every
other consideration.