The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-28
This Nations RIGHT tn Fortify the
Panama Canal

Panama Canal.
DIr esteemed contrmporar IN" H'r-
aid of New York and Paris thinks that
THE Sun Is wrong when IL asserts that
the Government of the nited states
has clearly and legally established
right TO fortfy the Panama Canal Il II,
se,Ss fit 20 To do
The phrase quoted by tho Herald eN-
presses The So = Jews. As to- the
clpeii.nry or necessity OF using that
legal right Presiden, TArI said in his
last annual message
T.lmre To forufy the cana would lta.c ~
attainl- -ur % both ,hes. ends .aGequa,. prut-,
ii"n and policing - the cana aud IN" us- or tie
canal % Increase the military cr,c'iN rue>> ~ nlr
navy IN The i,o.ltl"u - rign,, and oblis 3, uonS
which should be poW,r.es> to enforce and
which oouf never Ia any Other way be absolutely
safegusri~i against desperate snI lrTcsponsi
bic enemy
" the HsrnId j. right and THE SrS il
wrong. disc rlsslon 81 tn. expediency ut
Tire necessity If fertilization If any sor,
is out of order. Our obligation 10 pre-
serve the general principle of neutral
ization the significant quotation marks
will be- found in the text Of the Hav-
Tanncefote treaty itself remains Just
the same, but The power I, protect is
gone, Except IN direct military Cooncr-
alton with Great Britain. Tn. Panama
canal ceas'- to be AN American cana
The trouble with our esteemed cont
temporary seems o. he that it regards
tlr affirmanc- of this general princi-
pie of naturalization a. equivalent Ia -
pledge on the part Of the I nited States
not TO forrify the canal We shall pro-
coed to show tn. Hsrdid how erroneorI-
is this assumption and how singular it,
conf, sion of ideas
Our este. mcd contemporary cites
from thar revised version OF the Suez
iues which the HAY Pagncefote treaty
adopted a. the basis of tho general
principle OF Capitalization his passage.
which il puts into italics:
he cana! shaD never he bocAAar, nor ~.
ny RICH 4 war be eserc ,~i nor any oct Of ho,u
- De committed within Il
The Herald omits the closely con-
nected second clause OF the same rule,
w!.lch We put into italics
Ia, Unned .''1is- ho,-,-,, ssoY b. at ftb,,t. to
,.ch r,inar, police ao7g ne canal a. Mi.
u rees Isry n p,a'rct II aedtr.' iari,ssn>,s i-d
disorder"
Tho protection Of the canal for the
enforcement OF the general principle is
thus specifically assigned by the treaty
- the United States, not TO the other
nations Of III. world not 10 the United
States and Great Britain in cooperation.
Tho treaty puts the obligation sq'larely
and solely upon this Government The
manner Of protection and tho extent Of
military arrangements arc left solely
10 the discretion of the United States.
that il. in TN. absence Of any express
prohibition Of any part lCular measure
e military protection, such. for OK
ample. IA fertilization.
Is there in the instrument which the
the United States has signed such a
provision prohibiting fertilization by
the owner OF the canal and the response
bio guardian Of the general principle"
Of NATURALIZATION: The Herald says that
there is.
The construction Of fortincations. by trans
forming the csnafrom purely commercial water
way into . military stronghold would constitute
distinct breach NJ the prtstple n naturalization
WHICH the rnited states has pledged It's honor 10
uphold. Thus. - tue United States n.
any respect for iis signature far from having T.
legally ,Hsoi0hsd right IN fortfy the ranaI. we
are legally pledged not L, torrlfy ii
On the contrary, when the senate was
asked 10 ratify a treaty with Great
britain containing a pledge not 30 for
tify the Panama Canal il refused to enter
into such an agreement. The first HAY
Pauncefote treaty Of February 5. 1910.
was elected because IL included, among
Other naturalization rules adop,ad and
adapted from the Suez Rule oftho Con
s'antinople convention Of 1888. the re-
qIIirem"nts here italicized.
u Th- canal shall bs FREE and op.r N tsr, o,
ra' N rg> NJ p,ae,. tho vess-i- Of commerce
and ~ Nsr ~ rn nations. IN terms ~ entire
equality. .,
= 80 h.rt1. .'a'' ss1R ~ ,rs,fsb co-,plna.
in0 n, annals nr -a,sv, fA,r,or-
Tho HERMIT apparently. confpunsiz tn.
tv" treaties named Hay Pnuncsfotn.
The first contained the pledge against