The daily morning journal and courier., 1901-05-18
RULES GOVERNING TREATIES
EX.SECRETARY FOSTERS LAST LECTURE TO YALELAW SCHOOL,
Close ofthe StOrrs Series-Congress WilI Terminate Clayton-B -Bulwer Treaty if Contest Over the Nicaragua Canal.

| Hon. John W. Foster, IL. D., of Washington, ex-secretary of the interi- l or, closed his course of lectures in the
 Storrs series before the Yale Law school
 yesterday afternoon, his topic being | Rules Governing Treaties and Their
 Termination. There was a large at- tendance at Hendrie hall, the ladies
 turning out in force and the dstin-
 guished speaker was very heartily re-
 ceived.
 Treaties do not become operative un- til after the exchange of ratification, and treaty overrides all state consti- tutions, but not the constitution of the United States. As an instance of this was cited the case of the French consul
 at San Franciscos. who was summoned
 to court as witness in a criminal case, and refused to comply with the courts
 order, claiming immunity under the
 treaty between France and the United
 States. The court ruled that under the
 constitution of the United States the prisoner had the right to be confront ed by his accusers." The consul still refused, was arrested and imprisoned,
 resulting in the severing of diplomatic
 relations between the countries. But explanations were made, amends were offered, the French flag was saluted and an amicable ending of the incident fol- lowed. Yet the contention holds good that the constitution of the United States is more powerful than treaty ob- legations.
 Treaties are terminated in various ways, as, for instance, by coming to an end when the object for which they were drawn is accomplished; when one of the countries subscribing is absorbed by another; also when confederation becomes a nation. Sometimes treaties may be in part enforced and in part abrogated. That change of clrcunn- stances may dissolve treaties is We'll known principle of international law. Time and . circumstance bring their changes, and for this reason treaties may be suspended, abrcgated or declar- ed at an end. There have been several instances within the past century where treaties have been terminated by changed conditions.
 This line of thought introduced the subject of the Clayton -Bulwer treaty of 1850 between the United States and Great Britain, and the controversy which has arisen in past years over its relation to the Nicaraguan canal. MT. Foster contended that conditions have changed since the treaty was signed; that the United States had increased in population from about 2o,- 900 ,00O to 76000,OO0; that we have be- come a world power, and that 1t is idle to suppose that this nation can now be held to the precise terms of a treaty made more than half century ago. The proposed canal must be wholly American, must be shared by no other nation. MT Foster quoted the opinions of presidents and their secretaries of state from Grant to Cleveland in sup port of his stand. President Hayes de- clared that the canal must be under control and be a part of the coast line of the United States; Garfield took the same position, So did Arthur and Blaine and Frelinghuysen. MT. Foster outlined the trend of public sentiment up to the Hay-Pauncefote treaty, which failed. Abrogation of the treaty of 1850, in his opinion, is not con- templated by this country, but the day is not far distant when the treaty en- tire will be terminated The sentiment l of our people is that the United States Is under no obligation to share the pro- posed canal with any other nation, and It should be constructed without regard | to the treaty of 1850. That congress | has taken no action in the matter is | owing 10 the reluctance of the United | States to push the issue, having faith | that Great Britain will shortly see the force and weight of public opinion in his country and withdraw from the | gracefully, allowing the United States to go ahead in the work without further argument. But if Great Britain still persists no doubt exists hat congress will one day take the ,eins and end the treaty summarily.
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