Evening star., 1901-12-06
NEW BRITISH TREATY
TEXT OF THE HAY-PAUNCEFOTE
CONVENTION.
Right to Construct and Control an
Isthmfan Canal Conceded-The
I,resident's Measage.

The new Hay-Pauncefote treaty, provid-
ing for the construction of a canal across
the Isthmus of Panama, which was sent to
the Senate Wednesday, 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 domnions beyond the seas,
king, and Emperor of India, being desirous
to facilitate the construction Of a ship ca
nal to connect the Atlantic and Pacific
oceans. by whatever route may be consid-
cred expedient, and to that end to remove
any objection which may arise out of the
convention Of the 10th of April. 1850, COM
monty called the Clayton-Bulwer treaty. to
the construction of such canal under the
auspices of the government Of the United
States, without impairing the general
principle of naturalization established in
article s of that convention. have for that
purpose appointed as their plenipotentia-
rios.
The President of the United States. John
Hay, Secretary of. State of the United
States of America, and his majesty, Ed
ward the VII, of the united kingdom of
Great Britain and Ireland. and Of the Brit
sh dominions beyond the seas, king, and
Emperor of India; the Right Hon. Lord
Pauncefote, G. C. B., G. c. NJ. G., his mai
esty's ambassador extraordinary and plenf-
p0tent1ary TO the Un1teQ states, VINO, nav
ing communicated to each other their full
powers, which were found to be in due and
proper form have agreed upon the follow
ing articles:
Article 1.
The high contracting parties agree that
the present treaty shall supersede the
aforementioned convention of the 10Th Of
April, 1850
Article IL.
1t Is agreed that the canal may be con-
structed under the auspices Of the govern
ment of the United States, either directly
at it's own cost, or by gift or loan of money
to individuals or corporations, or through
subscription to or purchase Of stock or
shares, and that, subject to the provisions
of the present treaty, the said government
shall have and enjoy all the rights Incl
dent to such construction, as well as the
exclusive right of providing for the regu-
lation and management of the canal.
Article III.
The United States adopts as the basis of
the naturalization of such ship canal the
following rules, substantially as embodied
In the convention Of Constantinople, signed
the 2Sth of October 1883, for the free nav
lgation of the Suez canal, that is to say:
1. 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
it's citizens or subjects in respect of the
conditions or charges of traffic other
wise. 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 exercised nor
any act of hostility be committed within ii.
The United States, however, shall be at
liberty to maintain such military police
along the canal may be necessary to
protect it against lawlessness and disorder.
g. Vessels of war of belligerents 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 pos
sible delay, in accordance with the regula-
tions in force, and with only. such inter-
mission as may result from the necessities
of the service.
Prizes shall be in all respects subject
to the same rules as vessels of war of the
belligerents.
4. No belligerent shall embark or disem-
bark troops, munitions of war, warlike
materials in the canal, except in the case
of accidental hindrance of the transit, and
in such case the transit shall be resumed
with all possible dispatch.
g. The provisions of this article shall
apply to waters adjacent to the canal
within three marine miles of either end.
Vessels of war of a 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 de-
part as soon as possible; but vessel of
war OF one DelllRereQC Snau not depart
within twenty-four hours from the depart
ure of vessel of war Of the other belliger-
ent
g. The plant, establishments, buildings
and all works necessary to the construc-
ton, 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
or injury by belligerents, and from
attack or injury by belligerents and from
acts calculated to impair their usefulness
as part of the canal.
Article Nv.
It is agreed that no change of terri
torial sovereignty or of international re-
lations Of the country or countries traversed
by the aforementioned canal shall affect
the general principle of the naturalization
or the obligation of the high contracting
parties under the present treaty.
Article v.
The present treaty shall be ratified by
the President Of the United States, by and
with the advice and consent of the Senate
thereof, and by his Britannia majesty; and
the ratfcations 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 plenipo-
tentiaries have signed this treaty and here
unto affixed their seals.
Done in duplicate at Washington, on the
18th day of November, in the year of our
Lord one thousand nine hundred and one.
JOHN HAY (Seal)
PAUNCEFOTE (SeaI)
Letter of TransmittaI.
Following is the letter of President Roose-
welt transmitting the treaty to the Senate:
To the Senate
I transmit for the advice and consent of
the Senate to its ratification a convention
signed November is, 1901, by the respec-
tive pleuipot en- tiarieS of the Limited States