Omaha daily bee., 1911-01-09
RIGHT TO POLICE WAS GIVEN
Carried with it Privilege of Making
Proper Defence.
SILENCE ALONG CERTAIN POINTS
Taken to Mean that Nation Would
Protect Great Work,
LETTERS MADE PUBLIC BY TAFT
president Gives Il out to Clarity stu
alton that Has Arisen over Gov
ernment FOrtIfyInE Works
I'm Zone.


WASHINGTON. Jan. S-A contribution
designed to clarity the confused situation
which has arisen over the right OF the
United states to fortify the Panama canal
was submitted today by former Senator
Foraker Of Ohio to President Taft, who
made It public.
throughout the period in which the Hay
Pauncefote treaty was negotiated and ratt-
fled Senator Foraker advised with John
Hay. then secretary of state, and made
many OF the suggestions which were incor-
porated into the treaty preserving TO this
government the right to take such means
as It deemed necessary to Fl the
canal property and shipping spe-
officially authorizing fortificati 4
Senator NForaker's letter to II Taft
reviews the acts Of the scnatt rec
tlon with treaty making with + nd
laws passed subsequently to tn p
tion Of the existing Hay-Pauncefc =
The letter tells OF the ratificat,
treaty By the senate December
which was rejected by the British -
mcnt.
When II was presented to the sen,
contained a provision against fortific sn
and there was much criticism of Secretary
Hay because OF that fact. The convention
was amended in accordance with public
sentiment and after Great Britain's rejec-
tion OF It harsh and severe criticism Of
Mr.. Hay were renewed.
Hay Once Discouraged.
Mr. Hay was greatly disturbed by the
attitude OF newspapers, and Senator For
aker said he received a call from him one
Sunday morning and "he seemed distressed
and DISCOURAGED" lie showed Senator
Foraker a letter from Lord Lansdowne in
dicatlng that 1t would not be worth while
10 make an effort to negotiate another
canal treaty unless provision was made
therein for the settlement Of the pending
controversy between the United States and
Canada Mr.. Hay regarded such a treaty
as impossible and thought It barred further
progress with respect to the canal.
Drifting into q general discussion Of the
Whole subject. senator. Foraker and Secre-
tary Hay Il appears, agreed that it would
be idle to undertake to secure the ratlfica-
tion OF any treaty that fatty prohibited
fortification by the United States or in
volved this government in any obligation
to consult any other power regarding pro-
tection OF its own property. Senator For
aker suggested several changes from the
convention which had been rejected by
Great Britain. among them new matter,
and some transportations that would soften
the effect.
Policing the Canal.
they included the following provision;
"The canal shall never be blockaded.
nor shall any right OF war be exercised.
nor any act Of hostility be committed
within It. The United States, however,
shall be at liberty to maintain such mill
tsry police along the canal as may he
necessary to protect it against lawess-
ness and disorder"
senator Foraker said that he marked
these changes in copy Of the first Hay
Pauncefote treaty which was handed to
him by Mr.. Hay, who took II away with
him. and in the fall of the same year, on
August %, 1901, wrote to the senator in
confidence that he hoped to conclude a
new treaty with England in line with all
the suggestions which you kindly made
to me"
That treaty was negotiated and sent to
the senate in December, 1901 and was
ratified without amendment and in due
time was ratified by Great Britain and
became binding agreement In his let,
ter TO the president Senator Foraker
shows that he had no doubt that the
United States was reserving the right to
fortify the canal
From the treaty provision FOR the estab-
lishmont OF a military force on the canal
senator Foraker SAYS, It would follow as
a matter Of course that such military
force would have right to do whatever
was necessary In the way of intrenchna
itself "or in palmer words, fortifying It.
self against attack"
lie ADDS that the idea was, that will
their canal constructed at a cost of hun
dreds of millions of dollars. mo one woul,
ever question our right TO do whateve
might be necessary in our Judgment to up
hold our authority and protect our prop
erty and commercial rights"
intention 20 Protect.
Quoting from the spooner law providing
FOR the construction Of the canal an,
from the treaty with Panama. Senate
Foraker shows II to have been set fort
clearly that II was the intention OF tn
United States to protect the canals an
harbors. The Panama treaty uses tn
words, The United states shall have tn
right 10 establish Qualifications"
lie cites the fact that the British govern
ment did not raise any question as TO tn
Spooner law or the Panama treaty bein
in conravention OF the Hay Pauncefot
treaty. He said that he supposed an
he thought other senators were OF the sam
opinion. that the British government recog
nized and understood that when the secon
-Pauncefote treaty was ratified il wa
a matter left wholly TO the discretion &
the United states 20 determine to whs
extent we would employe military powt
and resort TO fortifications TO protect ou
rights"
silence Gave Freedom,
Senator Foraker said furthe
An explicit stipulation 10 this effect wa