The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-12-06
1t Provides That CIayton-BuIwer
Treaty Shall Be Superseded by
Convention which Was Trans
mitted to Senate Wednesday
UNITED STATES TO HAVE
CONTROL OF CANAL
In General Rules Governing Suez
Canal Are to Apply - United
States May Maintain Such Mil
itary Police as Are Necessary
to Protect the Waterway


Washington, Dec 5.-The new Hay
Pauncefote treaty providing for the
construction of canal across the
1sthmus of Panama, which was sent tc
the senate yesterday, is as follows:
The United States of America and
his Majesty Edward the VII of the
United Kingdom of Great Britain and
Ireland, and of the British dominions
beyond the seas, King and Emperor OF
India, being desirious to facilitate the
construction of ship canal to connect
the Atlantic and Pacific Oceans by
whatever route may be considered ex-
pedient, and to that end to remove any
objection which may arise out of the
convention of the 10Th of April 1850
commonly called the Clayton ulwer
treaty, to the construction of such
canal under the auspices of the gov
eminent of the United States without
tmpairing the general principles of
naturalization established in article 5
of that convention have for that pur-
pose appointed as their plenipotenti-
aries, the President of the United
States of America, John Hay, secretary
of state of the United States of Amer
lea and His Majesty Edward the VII
of the United Kingdom of Great Brit
ain and Ireland and of the British
Dominions beyond the seas, King and
Emperor of India the Right Honora-
BILE Pauncefote, G. c, B., G. c. M. G.,
His Majesty's ambassador eXtraordin-
airy and representative to the United
States.
Who having communicated to each
other their full powers which were
found to be in due and proper form, have
agreed upon the following articles:
Article 1.-The high contracting par
ties agree that the present treaty shall
supersede the mentioned convention Of
the 18th of April, 1850
Article lit is agreed that the ca
nal may be constructed under the au-
spices of the government of the United
States, either directly at its own cost,
or, by gift or loan of money to individ-
uals or corporations, or through sub
scription to or purchase of stock Or
shares. and that subject to the provis-
ions of the present treaty, the said
governments shall have and enjoy all
the rights incident to such construc-
ton as well as the exclusive right of
providing for the regulation and man
agement of the canal.
Article III.-The United States
adopts as a basis of the naturalization
of such ship canal, the foreign rules
substantially as embodied in the con-
ventfon of Constantinople, signed the
2Sth of October, 1883, for the free nav
igation of the SueZ canal, that is to
say
THE canal shall be free and open
to the vessels of commerce and of war
of all nations observing these rules, on
terms of entire equality so that there
shall be no discrimination against any
such nation, or its citizens or sub
tects. in respect of the conditions or
charges of traffic or otherwise. Such
conditions and charges of traffic shall
be just and equitable.
2-The canal shall never be blockaded,
nor shall any right of war be exer-
cised nor any act of hostility be COM
mitted within it. The United States,
however. shall be at liberty to main
tain such military police along the ca
nal as may be necessary to protect it
against lawlessness and disorder.
3-Vessels of war of a belligerent
shall not revictual nor take any stores
in the canal except so far as may be
strictly necessary and the transit of
such vessels through the canal shall
be effected with the least possible de-
lay in connection with the regulation
in force and with only such intermis-
sion as may rise from the necessities
of the service.
Prizes shall be in all respects sub
ject to the same rules as vessels of
war Of the belligerents.
NO belligerent shall embark or
disembark troops, in case of war or
take materials used in the canal except
in case of accident or hindrance of the
transit and in such case the transit
shall be resumed with all possible des-
patch.
5.-The provisions Of this article shall
apply to waters adjacent to the canal
within three marine miles of either
end. Vessels of war of belligerent
shall not remain in such waters longer
than twenty-four hours at any one
time except in case of distress. and
in such case shall depart as soon as
possible but a vessel of war of one
belligerent shall not depart within "a
hours from the departure of a vessel
of war of the other belligerent.
6.-The plant, establishments, build
ings and all works necessary to the con-
structiOn, maintenance and operation of
the canal shall be deemed to be parts
thereof for the purposes of this treaty,
and in time of war. as in time of peace
shall enjoy complete immunity from
attack or injury by belligerents, and
from acts calculated to impair their
usefulness as part of the canal.
Article W.T. is agreed that no
change of territorial sovereignty or of
international relations of the country
or countries traversed by the before
mentioned canal shall affect the gem
eral principle of naturalization or the
obligation of the high-contracting par
ties under the present treaty.
Article V.-The present treaty shall
be ratified by the President of the
United States by and with the advise
and consent of the Senate thereof, and
by his Britannia majesty. and the
notifications shall be exchanged at
Washington or at London at the
earliest possible time within six
months from the date hereof
In faith whereof the respective pleni-
potentiaries have signed this treaty
ana agree to aff1x their seals.
Done in duplicate at Washington,
the 18th day of November in the year
of our Lord one thousand nine hun
dred and one.
PAUNCEFOTE. lSeal.I
HAY. lSeaLI
Following is the letter of President
Roosevelt transmitting the treaty TO
the Senate:
To the Senate:
7 transmit for the advice and con-