The times., 1900-12-19
coz Il. THE CANAL
A Supp. mental Report Submitted
to the Senate by Mr.. Morgan.
Relations Of America With the Ma
tfons Interested - Argument in
Treaty of 1857 with Nicaragua
The Clayton-BuITer Convention.

The CIayton-BuIyyer Convention.
Senator Morgan yesterday submitted to
the Senate from the Committee on Inter-
oceanic Canals a supplemental report on
the Nicaragua Canal bill. The relations
of the United States with the nations
interested, in view of the recently nego-
tiated protocols of Nicaragua and Costa
Rica, are reviewed at some length. to-
gether with the effect of the proposed
changes in the Hay-Pauncefote Treaty.
at was the law of necessity, rather than
the expectation of profit or advantage to
this Government" says the report, that
compels the United States to desire to
construct, own, and control ship canal
through Costa Rica and Nicaragua; and
the geographical relation of these States
to our country and the prestige of the
United States among American govern
ments pointed to us as the power that
must incur the expenditure and be in
vested with the authority to control the
canal as a marine highway for ships of
all nations.
The duty enjoined on the President
by the House BILL the report continues,
lis a distinct recognition of the sover-
eighty of the States and their ownership
of the country through which the canal
is to be constructed. The President is
not empowered or advised to encroaeh
upon the sovereignty of those States.
The acquisition of the sovereign owner
ship of tract of country. including the
line of the canal, would separate Mica
ragua into two parts, between which the
sovereignty of the United States would
be interposed.
"An act more fatal to her autonomy
cannot be conceived, and if her Gov
ernment had the power to do this under
her constitution, which forbids any ces-
sion OF territory to a foreign State, the
severance of her territory by such mu-
tilation would destroy its territorial in
tegrity and with it the Republic. Such
an effort is beyond the purpose of the
House bill, and is unnecessary to the en-
)oyment OF any privilege or right that
relates to the ownership, control or
management OF the canal
The House bill deals with our own ma
tional policy, defining ii clearly. and writes
II on the statute book. which is the high
est record of the political and international
policy of the United States. After that it
remains for the diplomatic powers to have
the agreements and for Congress to con-
troll the measures that are necessary and
appropriate to carry that policy into ef-
feet. In making this declaration of the
policy aud purposes Of the United States,
and in supplying the President with the
means of executing the law the House bill
proceeds on the assumption that there are
no obstacles in the way OF its full just,
and peaceful enforcement. If such OBJ
stacles are found this measure does not
seek to deal with them in advance
This line of action cetnmends itself TO
I'll who sincerely desire to execute the Will
L the American people in the construe-
en- of ship canal. placing its ownership
ntTOl. and management in the Govern
mt of the United States. II the Senate
snail concur with the House in the passage
of this bill it will be a movement of such
force as viii draw after il the settlement
Of any international difficulties that may
exist, without friction or danger to the
peace and good will that exists between
the United States and other nations.
We know from the supreme law of the
land, written in our treaty with Nicara-
qua. of 1867 that We are thereby prohib-
TIED from exercising a permanent mill
tary occupation of that State under any
conditions; but that we have the right to
enter Nicaragua with military forces to
protect a canal through that State and
we. have engaged to do so temporarily. at
the request OF Nicaragua. But such forces
are to be withdrawn at the request of
Nicaragua Immediately when that neces-
sity. in her judgment, no longer exists. If
this treaty is not changed it controls fully
the extent to which We can exert any
military power in Nicaragua We also
know that Great Britain has a treaty with
Nicaragua, concluded in 1860 that con-
tains the identical provisions of our treaty
of 1867
''If that treaty remains Nicaragua can
not grant US the ownership control, and
management of a canal in her territory
that is free from all military interference
OF control by Great Britain.
Great Britain has never officially noti-
fed the United States that she relies
upon the Clayton -Bulwer Treaty as rro-
hibition to our negotiating with Costa
Rica and Nicaragua for exclusive canal
privileges in those States, or that she
claims the right, on any account, and
especially under the conditions now ex-
isting to prohibit the United States from
acquiring such rights.
IF such notification has been given
Congress has not been so informed. II
Great Britain makes such claims. it is her
duty to make them known, since Congress
has been engaged in legisisting upon this
subject in disregard of such GLAZING for
more than decade, during which every
phase OF the supposed rights OF Great
Britain have been openly discussed and
every word of the debates has been print
ed in the Congressional Record