The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-06
TEXT OF THE NEW DOCUMENT
WITH A BRIEF LETTER OF TRANS
INITIAL FROM THE PREsIDENT.
United States Not Bound to Construct
the Canal Across the Isthmus
by Any Given Route.

WASHINGTON, Dec. 5.-The new Hay
Pauncefote treaty, providing for the con-
struction of a canal across the Isthmus
of Panama, .ich was sent TO the Senate
yesterday. is as follows:
''The United States OF America and his
Majesty. King Edward VII, OF the United
Kingdom of Great Britain and ireland
and Of the British dominions beyond the
seas. King and Emperor Of India, being
desirious to facilitate the construction OF
ship canal TO connect the Atlantic and
Pacific oceans by whatever route may be
considered expedient. and to that end to
remove any objection which may arise out
of the convention OF the 18th OF April.
1850. commonly called the Clayton -BuIwer
treaty, TO the construction OF such canal
under the auspices OF the government OF
the United States without impairing the
general principle OF naturalization. estab-
lished in Article Of that convention, have
for that purpose appointed as their plen-
ipotentiaries: The President OF the United
States; John Hay secretary OF state OF
the United States or America. and his
Majesty, Edward VII. OF the United King
dom OF Great Britain and Ireland and OF
the British dominions beyond the seas. King
and Emperor OF India; the Right Hon.
Lord Pauncefote. G.. c. B.. G. G M. c..
his Majesty's ambassador extraordinary
and plenipotentiary TO the United States,
their full powers. which were found TO be in
due and proper form. have agreed on the
following articles:
Article l.
THE high contracting parties agree that
the present treaty shall supersede the
aforementioned convention Of April fs -
Article H.
'It is agreed that the canal may be con-
structed under the auspices OF the gov
ernment Of the United States, either ci-
ser frr ehg arff~
loan OF money TO individuals or corpora
tions, through subscription TO or purchase
of stock or shares, and that under the pro-
visions of said treaty, the said government
shall have and enjoy all the rights incident
to such construction. as well as the exclu-
sive right OF providing for the regulation
and management or the canal
Article Ill
THE United States adopts as the basis
Of the naturalization of such ship canal
the following rules, substantially as en-
bodied in the convention of Constantinopie,
signed the 2Sth Of October 1898, for the
free navigation Of the Suez canal that is
"First-The canal shall be free and open
to the vessels OF commerce and OF war
OF all nations observing these rules.
terms Of entire equality, so that there
shall be no discrimination against any such
nation or its citizens or subjects IN re-
spect of the conditions charges OF
traffic or otherwise. Such conditions and
charges os traffic shall be just and
.ssecond-The canal shall never be block
aded shall any right OF way be eN-
ercised, nor any act OF hostility be COM
mitted within IL. The United States how
ever shall be at liberty TO maintain such
military police along the canal as may
be necessary to protect il against lawless-
ness and disorder.
.sThird-Vesseis of war of belligerent
shall not revictual nor take any stores in
the canal, except so far as may De strictly
necessary, and the transit OF such vessels
Through the canal shall be effected with
the least possible delay In accordance with
the regulations in force and with only
such intermission as may result from the
necessities of the service. Prizes shall
be in all respects subject to the same regu-
aFonrth-No beIIigerent shall embark
or disembark troops, munitions OF war or
warlike materials in the canal, except In
case of accidental hindrance of the transit.
and in such case the transit snail be re-
si.med with all possible dispatch.
''Fffth-The provisions Of this article
shall apply TO the waters adjacent TO the
canal. within three marine miles of either
end Vessels OF war Of belligerent shall
not remain i'm such waters longer than
twenty-four hours at any one time. ex-
cent in case of distress and i'm such case
shall depart soon as possible, but
vessel Of war Of one belligerent shall not
depart within twenty-four hours from the
departure of a vessel OF war OF the other
belligerent.
''Sixth-The plant. establishments. build
ings and all works necessary TO the con-
struction maintenance and operation OF
the canal shall be deemed TO be parts
thereof for the purposes of this treaty
and in time OF war, a. I'm time or peace.
shall enjoy complete immunity from attack
or injury by belligerents. and from acts
calculated 10 impair their usefulness as
part OF the canal.
Article w.
ut is agreed that no change OF terri
torial sovereignty or OF international rela-
tions of the country or countries traversed
by the before mentioned canal shall AFFECT
rsfn of frl4ff ffy.af
the obligation OF the high contracting par
ties under the present treaty.
Article V
''The present treaty shall be ratified by
the President Of the United States and
with the advice and consent OF the SEN
ate thereof and by his Britannia Majesty.
and the ratiications shall be exchanged at
Washington or at London at the earliest
possible time within six months from the
date thereof.
I'm faith whereof the respective pleni-
potentiaries have signed this treaty and
hereunto affixed their seals.
Done in duplicate at Washington, the
18th day Of November. in the year OF Our
Lord one thousand nine hundred and one.
JOHN HAY.
"PAUNCEFOTE."
Following IS the letter OF President
Roosevelt transmitting the treaty TO the
Senate:
ITO the Senate transmit for the advice
and consent of the Senate TO It's ratinca-
ton a convention signed Nov. Is. 1901 by
the respective plenipotentiaries OF the
United States and Great Britain 10 facili-
tate the construction OF ship canal 10
connect the Atlantic and Pacific oceans by
uhatevtT route may be. considered expedi-
ent and, TO that end, TO remove any OBJ
lection which may arise out Of the con-
vention OF April 10. lS5o. commonly called
the CLAYTON Bulwer treaty TO the conStruc-
ton Of such canal under the auspices OF
the government Of the United States with
out impairing the general principle OF neu-
,rauzafion established In Article 4 OF thar