The times. [volume] (Washington [D.C.]) 1897-1901, 1900-03-10
7HH MINORITY Report
Senator Morgan's Views on the
Amended canal Treaty.
He toncurs With the Majority in
Some Statements. But Believe. the
Change Suggested to BE SuperHu-
ons md Unnecessary Its Only
Legal Effect as 1t Appears to Him.

Senator Morgan last evening submitted
his minority report upon the amended
treaty. Its text is as follows:
The undersigned concurs in the state
ments By the committee. of the history OF
the negotiations, and conclusion of the
Clayton Bulwer Treaty, and Of the facts
and the declarations of the Government of
the United States that recognize the pres
ent binding force of that treaty.
Whether that treaty should ever have
been made. or whethe. the action OF Great
Britain under and in connection with It
has been in conformity with its provisions,
are matters that relate to the rights of the
United States to declare that it has. in
fact. been abrogated or that it has lapsed
The extreme contention of the Govern
ment of the United States has been that
the Clayton Bulwer Treaty is violable at
our option. Not having exercised that op-
ton, the treaty is confessedly conclusive
as to the parts of the agreement that have
been executed, and operative as to the
parts that remain in fieri. Those features
of the treaty that apply to the construc-
tion and control of the canal through Mic
aragua and Costa Rica, if they were ever
in force. are still in force, according to
the attitude OF the United States as it is
established in many authentic statements
The Freiinshuyscn-Sav Treaty.
The latest authentic act was the rejec-
tion Of the Frelinghuysen- Savalva Treaty
by the SeIs te. and its withdrawal by the
President from the further consideration
of the Senate N the early days of Mr..
Cleveland's Administration.
In his first annual message he said:
Whatever highway may be constructed
across the barrier dividing the two great
est maritime oceans of the world must be
for the worlds benefit-a trust for man
kind, to be removed from the chance of
domination by single power nor become
point of invitation for hostilities or a
prize for warlike ambition.
"A body of our citizens, proceeding with
the consent and assistance of our Gov
ernment, obtained concessions from Mica
ragua anu Costa Rica for which they paid
a large sum of money. Congress granted
them charter, based upon these conces-
sions, and they proceeded to expend more
than S4.500,000 in the construction of their
canal. Congress. after several years of
examination and discussion, acted upon
several bills granting aid to this canal.
two of which in succession passed the
Senate
In the discussion of these bills the
question of conflict between them and the
Clayton -Bulwer Treaty was raised by the
opponents of these measures and were de-
bated freely in the Senate
Great Britain has made
timated any such objection to the action
of Congress or of the Senate in passing
these bills. But the objections have con-
tinued to be raised by the opponents OF
the canal.
THE treaty under consideration is for
the avowed purpose of removing any OBJ
lection that may arise cut of the conven-
ton of April 10. 1850. commonly called the
Clayton Buiwer Treaty, to the construc-
tion of such canal under the auspices OF
the United States without impairing the
general principle OF naturalization es-
tablished in Article VIII of that conven-
ton
That general principle as it is modl-
fed, or especially defined in this treaty. is
all that is left OF the Clayton -Bulwer
Treaty as now being in continuing force
'.As to all ether features, it has been
fully executed. or else it is superseded BY
the present convention, and, thereby all
objections that may arise out of the Clay
tom Bulwer Treaty TO the exclusive right
OF the United States to construct. own
regulate, and manage the canal are re-
moved in Article t.
After quoting the article referred to the
report continues:
No Rights Conferred.
''In this arrangement Great Britain con-
fers no right on the United States as to
anything in Nicaragua or Costa Rica. That
Government valves any objection that may
arise out of the Clayton Bulwer Treaty to
our acquiring the rights mentioned in Ar
ticie 1 from Nicaragua and Costa Rica
Then. this convention. in Article H. pro-
ceeds to define and formulate into an
agreement. intended to be world wide in
its operations. the general principle of
naturalization established in Article VIII
Of the Clayton Bulwer Treaty. on the basis
OF the Treaty OF Constantinople of Octo-
Der. 1888. relating to the Suez Canal
Nothing is given to the United States
in Article XI of the convention now under
consideration, nor is an thing denied to
us that is not given or denied to all other
nations. But the committee insist that
under Articles TX and Y, of the Treaty
Of Constantinople a provision is made in
the favor of Turkey that is not secured
to the United States in the present con-
Yention.
THE amendment proposed by the COM
mittec to the present convention relates
only to the last paragraph in Article y.
of the Treaty of Constantinople.
IF we had a possession that corre-
sponded in its geography with the Red
Sea on the western coast of Arabia. the
force of the proposed amendment %ould
be more apparent. But We have no such
possession in or near Nicaragua, and have
to reserve a special right to defend it. or
any other possession.
Turkey made no reservation of a right
to defend Constantinople when she re-
served the right to defend her coast on
the Red Sea. which is an approach to the
canal
Superfuous and Unnecessary.
The undersigned does rot admit the
proposition that when we agree that the
Nicaraguan Canal shall not be fortified as
a point OF invitation for hostilities prize
for warlike ambition, we must also pro-
vide for the right to defend our own coun-
try or the coast of California by express
provisions in a treaty with Great Britain
removing objections that may. arise from
the CLAYTON Bulwer Treaty. Such reser
yation is entirely superiuous and Cnneces-
sary. while it carries with il an acknowl
edgement in favor OF Great Britain. of
a right of control ever our national sover-
eighty that she does not claim and that
could not be inferred from the mere silence
of the treaty as to such probable right.
The only legal effect of the amendment.
if it can have any effect upon our national
rights or powers. is to annui the n7utral-
ization OF the canal provided for in Arti-
Gle XI of the treaty under consideration.