Rocky Ford enterprise., 1901-05-31
TIL. Clay,on.Rulwer Treaty


treaty with Great Britain with respect
to the Nicaragua canal have been for
warded to the British foreign office
from the American State Department.
II X understood that the draft Of the
proposals embodies the views OF
United States senator's. Thus Informed.
the British government will know in
advance what terms will be accepta-
BILE TO the Senate, whose ratification of
the treaty is necessary. As long us
negotiations are pending hope Will not
be abandoned that the two countries
will finally dispose OF this matter sat
issactorily. The only existing treaty
with respect to the isthmian canal is
the Clayton-Bulwer treaty, by which
each Of the two powers agreed not to
exercise exclusive control over the ca
nal, and guaranteed its neutrality. The
Hay-Pauncefote treaty, as ratified by
the Senate. declared that one OF its
purposes was 10 remove any objec-
ton which might arise out OF the Clay
ton-Bulwer treaty TO the construction
OF such canal under the auspices OF
the government OF the United States
without impalring the general princi-
pie OF naturalization established In Ar
tIcle VII OF that convention. In an
other article the Hay-Paunccfote
treaty expressly superseded the Clay
ton.Buiwcr treaty. Lord Pauncefoic
reported to the British foreign office
that the federal government would en-.
deavor by friendly negotiation to OBJ
tais Great Britain's consent to modi.
ication OF the clay,on-Buiwer treaty.
In view OF these rccoEnitions Of the
existence OF the old ciayton.Bulwcr
convention and Of the possible failure
to set ii aside as an obstruction to our
isthmIan canal project by another
treaty. the question whether the
United States would h. justified by
the law OF nations In setting said con-
vcntion aside without the consent OF
Great Britain becomes interesting.
Former Secretary OF State John W.
Foster. in his address TO the Yale stu
dents las, week. declared that the
changed conditions from those existing
haif century nEo would tc sufficient
authority TO terminate the convention
that Il Is no longer binding upon the
United States.
The reluctance OF this country in
carrying forward IL. plans abou; the
canal has been due TO the hope that
England would acccp, the Hay.
faunccfo,c treaty as amended.
The hope Is gone. and the
unltcti States must now 60
nhcad and declare the ciayton'iiui.
wcr treaty terminated. Its best inter
cs;s demand such action. This govern.
mcat eau declare itself under no obll-
cation TO any power"
one of our American writers on In.
i-rnationsi Law says that the Insiola-
biiIty OF treaties. though not especially
guaranteed. Is the frs; law Of nations:
that changes in the internal affairs OF
the sisua;ory nations. even changes in
their government. do not affect their
obligatory force.
Lord tansdownc. the British minis.
ter of foreign affairs, In the answer OF
his government declining TO accept the
amended Hay .rauncCfo,c tFCaty. said
,ha, the convention is an International
contract Of unlucstionablS valiiity-"a
contract which. according TO well &c.
iabiishcd International usage. ought
not to bC abroEatcd or modified. save
with the consent OF both the parties
TO the contract
It has been maintained by many
American statesmen that the binding
authority Of the old treaty has been
weakened. destroyed. by the British
-nCroachmcnis in Central AmcTisl
contrary to the article prohibiting
Grcat Britain from assuming dominion
in Central America. MIR. Foster says
that the United States Is n f1ithaol-
serving country it, the matter Of
treaties. hut as much cannot L. said
OF other nations. Great Britain in.
ciuded.' The fact that other treaty
complcts have been violated. or that
Great Britain has violated them. !;
seems TO the Ledger. furnishes no jus.
iiaca;icn for further international sins
ot n similar nature. The assertion Of
the doctrine that changed conditions
and the lapse Of time will Justify the
nbrogation Of treaty. permanent OH
its face, without the consent Of the
other party. nigh, come home 10 ,rou.
bic us in the future. This seems TO
he only another way Of saying tina;
the will and desire OF the dissatisfied
party to an international compact will
justify its abroga,ion. II such I've
sound doctrine. what guarantee can