The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-23
NO BAR TO OUR RIGHTS.
Minority Report on the Canal Treaty
Presented to the senate.

In the Senate yesterday. MT. Noi ban
from the Committee on Foreign Reia-
tions, presented the minority report OF
that body on the Morgan resolution
abrogating the Clayton Bulwer Treaty,
declaring the ratification OF the hay
Paunceiote Treaty not a condition pre-
cedent to canal legislation and entering
into a protocol with Costa Rica.
The majority reported the resolution ad-
versely thus preventing any waterway
legislation at this session of Congress.
The minority report. which was signed
by Messrs. Morgan. Bacon, Daniel, and
Money, sets forth the rights of the United
States in the premises. 1t is stated that
to delay legislation on the waterway be-
yond this session will be to assume risk
Of extreme danger. 1t is declared that
the Clayton Bulwer Treaty is no bar to
the right of the United States to con-
struct the canal Congress, it is set forth,
has power to abrogate the old compact
without the consent of Great Britain.
After reporting the resolution favoraoly
the report says:
The questions presented by the reso-
lutions that have been adversely reported
by the majority of the Committee on Tor
eign Relations are very plain. and they
relate only to the right of Great Britain
to direct or control or obstruct or pre-
vent Congress, as a lawmaking body. from
legislating for the promotion of a ship
canal through Nicaragua and Costa Rica
with the consent of those States.
The House bill No. 252S. known as tie
Hepburn bill. is the only measure before
Congress relating to such canal that has
received the sanction of either house, and
u 1nr daf O FRr
passing the House by a vote almost unEn-
imous, since the 1ith day Of May. 1900
when it was reported to the Senate by the
Committee on Interoceanic Canals with
out dissent.
When that bill passed the House of
Representatives the Clayton -Bulwer
Treaty had been breeding over our most
vital rights and threatening the soyer-
eighty OF the United States for half
century. It's discussion as an impedi-
ment TO our right TO construct and con-
troll a ship canal through Nicaragua had
excited among the people of the United
States a deep sense of humiliation, which
has grown into a strong resentment tow
ard its authors and toward these who,
being unwilling to fix a period for its
abrogation are committed to its indefi-
mite continuance.
IN the mean time during the sixteen
years that Congress has been engaged
in active investigation and legislation on
this subject al great expense. Great Brit
ain has maintained a studious silence as
to any claim of right or comfy to later
fere with. protest against, or to criti-
else the action of Congress and of the
President as to any of these numerous
and varied proceedings.
Great Britain. as the owner of nearly
half the stock in the SueZ Canal, now
worth above 200 per cent premium and
yielding net dividends for twenty years
past of more than 10 per cent, and as the
military occupant of Egypt and the ambi-
tious conqueror of a domain that Will
bring all of eastern, southern, and the half
of northern Africa under her imperial
sceptre cannot be Indifferent to such a
rival as the Nicaragua Canal
THE House of Representatives, uncon-
scious of such an objection as that the
President and the Senate had abdlcated
the treaty making power in favor of Great
Britain, so that the United States could
never negotiate with Nicaragua or Costa
Riea for the right to own and control a
ship canaI within their boundaries with
out British consent, and spurning such a
thought. If II ever intruded into the mind
of any American. proceeded 10 enact the
Hepburn bill.
THE President prepared the way for
this action of Congress by instituting ne
gotiations with Costa Rica and Nicaragua,
the States that have the first and only
sovereign right to dispose Of their terri
tories so as TO subject them to such ease
ments, rights. and privileges.
These negotiations resulted in proto-
coils of agreement, in identical terms, with
Costa Rica and with Nicaragua, which
were signed by and sealed and delivered
to the respective plenipotentiaries of the
United States and of Nicaragua and Costa
Rica. which are still in full force and eff
feet.
1T is clear that the President. in max
ing these agreements in the name of the
United States. defantly disregarded any
claim of right that Great Britain could
assert to the effect that her consent was
necessary to such action on his part as
President. And. equally, he asserted the
right of Congress to disregard any claims
OF Great Britain to prevent the acquisi-
ton OF such rights from Costa Rica and
Nicaragua, and to appropriate money for
that distinct purpose.
."The President did not hesitate or halt
between two opinions where the honor and
rights of his country were so deeply in-
yolyed and were so keenly felt by the peo-
pie. He went boldly TO Nicaragua and
Costa Rica and claimed those rights and
privileges from the sovereign States that
could alone grant them. with a full kuowl-
edge that they we're forbidden to the
United States in the Clayton -Bulyer
Treaty.
'If Great Britain chooses to regard the
Presidents agreements as acts OF hostli-
ty. the United States cannot avoid the
consequences except by repudiating or an
nuliing those agreements with Costa Rica
and Nicaragua. This action OF the Presi-
dent. so honorable to his wisdom and
patriotism. goes still further. 1t binds
the Government of the United States to
treat with Nicaragua and Costa Rica for
the settlement of the plans and the agree
nnents found necessary to accomplish the
construction and to provide for the owner
ship and control Of the proposed canal
ITO delay beyond this session to pass
the House bill will be to assume risk
Of extreme danger.
"The Clayton Bulwer Treaty, which
the President has defed without apology
is no bar to the rights we have acquired
by these agreements with Costa Rica and
Nicaragua, and so the first of these reso-
lutions declares.
Has the Senate the right or is it
proper or decorous. TO insist that an
agreement made by the President. mat
requires the legislation OF Congress sail
not be so provided. but shall await the
consent of Great Britain to amendments
to a treaty put on it by the action of the
Senate?
THE -Pauncefote Treaty. in its
original form and as II was amended by
the Senate was never necessary to the