The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-09-05
Rieht Not ouc.tioned.

Right Not Questioned.
Washington, September 4.-Ofictals
both of the State Department and Of
the army expressed surprise to-day
that any question should be raised at
this time as to the right OF the United
States to erect Qualifications along the
Panama Canal They regard the un-
favorable comment in the English press
on Colonel Roosevelts remarks about
the necessity for fortifying the canal
as lack of appreciation both of the
action of the American government and
of the attitude OF the British Foreign
Office itself.
BY implication, 1t is held by Amer
lean officials. the American and Brit
ish agreement of 1901. known as the
Hay Pauncefote treaty, gave the Uniteo
States the right to fortfy the canal.
The implication is drawn from sew
eral clauses it Is pointed out. This
treaty set forth that the United States
adopted as the basis OF the neutraliza-
ton of the canal the rules governing
the Suez Canal. with certain modifica-
lions. In contrast with the Suez rules.
the Panama Canal rules, 1t is contend
ed, contain no specific authorization for
an enemy OF the United States to use
the canal, to the detriment of the lat
by the United States that her guaran-
tee to neutralize the canal only refers
to belligerents not enemies of the
United States.
Furthermore, 1t is added no express
provision was Incorporated in the rules
forbidding the United States to fortify
the canal, as was done with Turkey In
the case of the Suez Canal. These
omissions are regarded as particularly
significant because of the fact that
Lord Pauncefote, who drew the treaty
of 1901, with Secretary of State Hay.
was one of the negotiators of the trea-
ty that provided for the Suez rules. In
this connection, according to the un-
derstanding by the State Department,
the view of the British government was
expressed In memorandum by Lord
Lansdowne on August 81, 1901. commu-
nicated to Secretary Hay through Lord
Pauncefote.
II understand that by the omission
of all reference to the matter OF de-
tense" said he. "the United States gov
eminent desires to reserve the power
of taking measures to protect the ca
nal, at any rate when the United States
may be at war, from destruction or
damage at the hands of an enemy or
enemies. am not prepared
W ociy tiil contingencies may arise
when, not only from national point OF
view but on behalf of the commercial
interests OF the whole world. 1t might
be of supreme Importance to the United
States that they should be free to adopt
measures for the defense of the canal
at moment when they were them.
selves engaged In hostilities."
The American government, 1t is said
here, has been openly acting on the
theory that it had the right to fort1ry
the canal. Both President Roosevelt
and President Taft asked Congress- to
make appropriations for the fortiflca.
ton of the canal, the latter presenting
the question to the lawmaking BODY IN
special message. AS early as 1907
the so-called Taft Board. appointed by
Secretary Of War Taft, recommended
the erection of forts along the canal.
AT present a joint board of army and
navy officers is preparing plans for
forts BY specific provision OF the Hay-
Bunau-Varille treaty with Panama in
1904. the right Of the United States to
fortify the canal was recognized. No
protest was entered by Great Britain
to that treaty when 1t was proclaimed
nor has one been entered since. II Is
said by responsible government on.
Gals en-