The Elk Mountain pilot., 1901-06-04
The Clny nyuon-Bulwer Treaty


1t ls understood that the draft of the
proposals embodies the views of
United States senators. Thus informed,
the British government will know in
advance what terms will be accepta-
bic to the Senate, whose ratification of
the treaty is necessary. AS long as
negotiations are pending hope will not
be abandoned that the two countries
will finally dispose of this matter sat
isfactorily. The only existing treaty
with respect to the isthmian canal is
the Clayton-B -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 to 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 impairing the general princi-
pie of naturalization established in Ar
.icle VII of that convention. In an
other article the Hay-Pauncefote
treaty expressly superseded the Clay
ton-Bulwer treaty. Lord Pauncefote
reported to the British foreign office
that the federal government would en-
deavor by friendly negotiation to OBJ
air Great Britain's consent to a modi-
ncati on of the Clayton Bulwer treaty:
In view of these recognitions of the
existence of the old Clayton-Bulwer
convention and of the possible failure
to set it aside as an obstruction to our
isthmian canal project by another
treaty, the question whether the
United States would be justified by
yention aside without the consent of
Great britain becomes interesting.
Former Secretary of State John w.
Foster, in his address to the Yale stu
dents last week, declared that the
changed conditions from those existing
half century ago would be sufficient
authority to terminate the convention
that 1t is no longer binding upon the
United States.
THE reluctance of this country in
carrying forward its plans about the
canal has been due TO the hope that
England would accept the Hay
The hope is gone, and the
United States must now go
ahead and declare the ClaytonBul
wer treaty terminated. Its best inter
ests demand such action. This govern
ment can declare itself under no obli-
CATION to any power"
one of our American writer's on in
ternational law says that the inviola-
bllity of treaties, though not especially
guaranteed. Is the first law of nations;
that changes in the internal affairs of
the signatory nations, even changes in
their government, do not affect their
obligatory force.
Lord Lansiowne, the British minis
ter of foreign affairs, in the answer of
his government declining to accept the
amended Hay-Pauncefote treaty, said
that tn : convention Is an international
contract of unquestionable validity-"a
contract which, according to well es-
tablished International usage, ought
not to be abro gated or modified, save
with the consent of both the parties
TO the contract"
1,og n
American statesmen that the binding
authority of the old treaty has been
weakened, destroyed, by the British
encroachmeuts in Central America
contrary to the article prohibiting
Great Britain from assuming dominion
in Central America. Mr.. Foster says
that the United States is a faith-ob-
serving country ia the matter of
treaties, but as much cannot be said
of other nations, Great Britain in
cluded." The fact that other treaty
compacts have been violated, or that
Great Britain has violated them, 1t
seems to the Ledger, furnishes no jus
tificaticn for further international sins
of a similar nature The assertion of
the doctrine that changed conditions
and the lapse of time will Justify the
abrogation of n treaty, permanent OH
It's face, without the consent of the
other party, might come home to trou-
BILE us in the future. This seems to
be only another way of saying that
the will and desire of the dissatisfied
party to an international compact viii!
justify its abrogation. If such be
sound doctrine, what guarantee can
we give Great Britain that a new
treaty, drawn to correct the defects or