The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-26

sneedy answer with regard to the con
vention. the Marquis of Salisbury In
formed Mr. White. the American Charg'
d'Affaires, that he could not help con
trasting the precarious prospects an'
slowness of the negotiations which wer'
being conducted by Lord Herschell witt
the rapidity of decision proposed in tn
matter of the convention. Her Majesty
Government might be reproached will
having come to precipitate agreement
on a proposal which was exclusively faV
orable to the United States, while thel
had come to no agreement at all on tn
controversy where there was something
TO be conceded on both sides.
..Shortl, afterward Lord Herschell in
timated that the difficulties in regard t
the question of the Alaskan boundary
seemed insuperable, and that he feared
it might be necessary to break on th'
negotiations of which he had hitherto hac
the charge. Upon this Lord Salisbury in
formed Mr. White that he did not sec
how her Majesty's Government coult
sanction any convention for amending the
Clayton-Bulw Treaty, as the opinion ol
this country would hardly support then
in making a concession which would he
wholly to the benefit of the United States
at a time when they appeared to be 50
little inclined to come to a satisfactory
settlement in regard to the Alaskan from
tier.
THE last meeting of the Joint High
Commission took place on February
%, 1899 Except for the establishment OF
"A modus vivendi on the Alaskan frontier
no progress has been made since that
date toward the adjustment of any OF the
questions which the High Commissioners
were appointed to discuss.
CONCESSIONS To AMERICA.
'It was in these circumstances that the
proposal for a canal convention was re-
vived at the beginning of last year. Or
January q your Iordship reported that q
bill, originally introduced in 1899, had
been laid before Congress. empowering
The President to acquire from the Re
puolics of Costa Rica and Nicaragua the
control of such portion of territory a:
might be desirable or necessary, and tt
direct the Secretary of War, when sucf
control had been secured. to construct th'
canal and make such provisions for de
fence as might be required for the safety
and protection of the canal and the termi
nal harborS.
1T was probable that the bill would be
uassed. and it was clear that additionai
embarrassment would be caused BY an
enactment opposed to the terms of the
proposed convention. and in direct viola
tion of the Clayton-Bulwer Treaty. or
the other hand, your lordship's informa-
tion led to the confident expectation that
the convention, as signed, would, il
agreed to by her Majestys Government,
be ratified by the Senate.
I'm these circumstances her Majesty s
Government consented to reopen the
question, and, after due consideration. de-
termined to accept the convention uncon-
ditionally, as a signal proof of their
friendly disposition and of their desire
not to impede the execution of project
declared to be of national Importance to
the people of the United States
Your excellency stated that the United
States Government expressed satisfaction
at this happy result and appreciation of
the conciliatory disposition shown by her
Majesty's Government.
The convention was forthwith sub
mitted to the Senate for ratification. and
on the 9Th of March the committee charg-
ed with its examination reported in favor
of ratification. with the insertion, sub
sequently adopted, after section of Ar
ticle IL of a paragraph containing pro
vision that the rules laid down in the pre-
ceding sections should not apply TO meas
ures for the defence of the United States
by its own forces and the maintenance
of public order. This alteration was dis
crssed by the Senate in secret session on
the 9Th of April, but no vote was taken
upon it nor upon the direct question of
ratification
The bih empowering the President to
construct and provide for the defence of
the canal passed the House of Represen-
tatives by a large majority on the I'd CT
May. The Senate. however. postponed
consideration Of the bill, although favor
ably reported by the Committee on Inter
oceanic Canals.
AMENDED BY THE SENATE.
After the recess. during which the
Presidential election took place. the dis
cussion was resumed in the Senate On
the 10Th ultimo the vote was taken and
resulted in the ratification of the conven-
tion with the three amendments which
have been presented for the acceptance
of his Majesty's Government.
The first Of these amendments, that in
Article II. declares the Clayton Bulwer
Treaty to be hereby superseded.
Before attempting to consider the man.
ner in which this amendment Will, if
adopted. affect the parties to the Clay
ton-Bulwer Treaty. l desire 10 call your
eXcellency's attention TO a question of
principle which is involved by the action
OF the Senate at this point.
The Clayton-Bulwer Treaty is an in
ternational contract of unquestionable
validity; A contract which, according to
well-established international usage
ought not to be abrogated or modified,
save with the consent Of both the parties
to the contract. In spite of this usage.
his Majesty's Government find themselves
confronted by a proposal communicated
TO them by the United States Government.
without any previous attempt to ascer-
tain their views for the abrogation of the
Clayton-Bulwer Treaty
The practical effect of the amendment
can best be understood by reference TO
the enclosed copy of the articles of the
treaty. Nos. / and VI which. assuming
that the United States Government would
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