The Somerset reporter., 1901-12-12
Hay-Pauncefote Treaty.

! The new Hay-Pauncefote treaty pro-
vidig for the construction OF canal
across the isthmus OF Panama, sent TO
Senate is as follows;
The United States OF America aha His
Majesty, Edward VII of the United
/ Kingdom OF Great Britain and Ireland and
of the british Dominions beyond the
seas, King and Emperor Of India, are
DESTROYS TO facilitate the construction Of
Il ship canal to connect the Atlantic and
! Pacific oceans by whatever may be con-
| sidered expedient, and to that end TO re.
move any objection which may arise out
OF the convention of the 10Th OF April,
1850, commonly called the Clayton Bull
wer treaty, to the construction OF such
canal under the auspices of the govern
ment of the United States without I'm
pairing the general principle" of neu-
tralization, established In Article 8 of
that convention, have for that purpose
appointed as their plenipotentisries.
The President of the United States,
John Hay, secretary of state for the
United States of America, and His Ma
jesty, Edward VII OF the United ri e
dom of Great Britain and Ireland and h
British Dominons beyond the seas, King
and Emperor of India, the Right Hon
Lord Pauncefote, G. C. B. @. c. NJ g.,
His Msjesty's ambassador extraordinary
and plenipotentiary to the United States,
Who, having communicated to each
other their full powers which were found
to be due and proper form, have agreed
upon the following articles:
Article The high contracting par
ties agree that the present treaty shall
supersede the aforementioned convention
of the 10Th of April, 1850.
Article lit is agreed upon that the
canal may be constructed under the
auspices of the government Of the United
States either directly or indirectly at its
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 govern
ment shall have and enjoy all the rights
/ incident to such construction, as well as
! the exclusive right Of providing for the
regulation and management of the canal.
Article III-The United States adopts
as the basis of the naturalization of such
ship canal, the following rules substanti-
ally as embodied in the convention of
Constantinople signed the 28 b of Octo-
Der, 1888, for the free navigation 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, Oh
terms oil entire equality 80 that there
shall be no discrimination against any
such nation, or its citizens or subjects
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 exercised
por any act of hostility be committed
within it. The United States, however
shall be at liberty to maintain ouch
military police along the canal as may be
necessary to protect it against lawless.
ness 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
sJrickly necessary; and the transit oil
such vessels through the canal shall be
affected with the least possible delay In
accordance with the regulations in force
and with only such intermissions ~
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.
mo belligerent shall embark or dis
embark troops, munitions OF war or War
like materials In the canal except in case
of accidental hindrance of the transit,
and in such case the transit shall be re-
sumed with all possible dispatch.
5-The provisions of this article shall
apply to waters adjacent to the canal,
within three marine miles of either ent.
Vessels of war of belligerent shall nor
remain in such waters longer than "a
hours at any one time except in case of
distress, and in such case shall depart as
soon as possible, but vessel of war Of
one belligerent shall not depart within
"a hours from the departure of vessel
of war of war of other bellgerent.
6-The plant establishments, building 5
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
eLjoy complete immunity from attack or
injury by bellgerents, and from acts
calculated to impair their usefulness AS
part of the canal.
Article lV-It is agreed that no change
of territorial sovereignty or of inter
national relations of the country or coun-
tries traVersed by the before mentioned
canal shall fleet the general principle of
naturalization or the obligation of the
high contracting parties under the
present treaty.
ArticleV-rhe present treaty shall be
ratified by the President of the United
States, by and with the advice and co.,
sent OF the Senate thereof, and by His
Brtonnic Majesty, and the notifications
shall be exchanged at Washington or at
London at the earliest possible time
within six months from the dates hereof.
In faith whereof the respective pleni-
potentaries have signed this treaty and
hereunto affixed their seals.
Done in duplicate at Washington, the
eighteenth day of November, in the year
Of Our Lord, one thousand, nine hundred
and one.
JOHN HAY, (.ehO,