Norwich bulletin., 1911-01-09
Panama Canal
 Fertilization
EX-SENATOR FORAkER SENDS
 LETTER TO PRESIDENT TAFT.
RIGHT OF UNITED STATES
To Fortify the CanalLA Letter De- signed to CIarify the Confused Situa- tion Which Has Arisen.

Washington, Jan. S.--A contribution designed to clarify the confused situa- ton which has arisen over the question of the right of the United States to fortny the Panama canal was submit ted today by former Senator ForakeF of Ohio to President Taft, who made 1t public. Throughout the period dur ing which the Hay y-Pauncefote treaty was negotiated and ratified by both the United States and Great Britain Sen ator Foraker advised with John Hay. then secretary of state, and made many of the suggestions which were incor- porated in the treaty preserving to this government the right to take such means as it deemed necessary to pro- tect the canal property and shipping without specifically authorizing forti- ficationS.
 The Hay Pauncefote Treaty.
 Senator Forakers letter to President Taft, which is made public now, appar- ently because it undertakes to dispose of the question of the right of this government to construct such fortifica- tions as it may deem necessary for the protection of the canal property, re- views the acts of the senate in con nectton with treaty making with Eng land and laws passed subsequently, to the ratification of the existing Hay Pauncefote treaty. It tells of the rati- ficatfon of a treaty by the senate Dec. 20, 1900, which was rejected by the British government.
 Several Changes Suggested.
 Drifting into a general discussion of the whole subject Senator Foraker and Secretary Hay it appears. agreed that it would be idle to undertake to secure the ratification of any treaty that flat ly prohibited fertilization by the United States or involved this govern ment in any obligation to consult any other government as to the protection of it's own property. Senator Foraker suggested several changes from the convention and some transposftfons that would soften the effect. They in- cluded the following provision:
 Canal Shall Never Be BIockaded.
 The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within 1t. The United States. however shall be at liberty to maintain such military police along the canal as may be necessary to protect it against law lessness and disorder"
 Right Reserved to Fortify the Canal.
 Senator Foraker said that he marked the changes in copy of the first Hay Pauncefote treaty which was handed to him by Mir. Hay, who took it away with him, and in the fall of the same year. on Aug. 23, 1901, svrote to the senator in confidence that he hoped to con clude 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 ana be- came a binding agreement. Tn his let ter to the president Senator Foraker shows that he had no doubt that the United States was reserving the right to foTtify the canal.
 No One Would Ever Question Our
 Right.
 From the treaty provision for the establishment of & military force on the canal, Senator Foraker says, 1t would follow as matter of course that such a military force would have a right to do whatever was necessary in the way of retrenehing itself or "in palmer words, fortifying itself against attack" He adds that the idea that with the canal constructed at a cost Of hundreds of millions of dollars. mo one would ever question our right to do whatever might be necessary in our judgment to uphold our authority and protect our property and commercial rights
 MT. Foraker closed his letter with the following:
 There were a number of senators and a great many people who wore of the opinion then, and are probably stfll of the opinion, that it might be good policy for the United States not to for tify or do anything else that would in vite an attack on the canal or make that theater of hostilitfes in case of war; but, however that may be it was know the purpose of the great majority of the senate, and zs to the second treaty, at least. the purpose of MT. Hay also, to preserve to the United States an unquestioned right tn do so with respect to all such matters whatever in its judgment it might at any time think it's best interests re- ouired" 7"