Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-01-12
SHOWS OUR RIGHT TOFORTIFY
He Helped Secretary Hay Draft
Treaty with Great Britain
Which Permits Protection
Of Property.

made It public. Throughout the per-
Tod during which the Hay Pauncefote
treaty was being negotiated Senator
Foraker advised with John Hay, then
secretary of state, and made many
suggestions which were incorporated
in the treaty, preserving to this gov
eminent the right to take such means
as 1t deemed necessary to protect tho
canal property and shipping. without
specifically authorizing Notifications.
Senator Foraker's letter to Presi
dent Taft, which IS made public now
apparently because Of the question of
tho right of this government TO fortlfy
the canal. reviews the acts Of the SEN
ate in connection with treaty making
with England and laws passed subse
gently to the ratification Of the eX-
listing -Pauncefote treaty. The
letter tells OF the ratification Of n
treaty by the Senate December 90
1900, which was rejected by the Brit
ish government. When that treaty
was presented to the Senate it contain
ed provision against fertilization of
the canal and there was great deal
Ut criticism of Secretary Hay because
OF that fact. Tho convention was
amended in accordance with public
sentiment and after Great Brltain's
rejection OF II. harsh criticisms of Mr..
Hay were renewed.
FOUND Mr.. HAY DISTRESSED
Mr.. Hay was greatly disturbed by these
and Senator Foraker said he received a
call from him one Sunday morning and
''he seemed distressed and discouraged"
He showed Senator Foraker a letter from
Lord Lansdowne, indicating that It
would not be worth while to make an
effort to negotiate another canal treaty
unless provision was made therein for
the settlement OF pending controversies
between the United States and Canada
Mr.. Hay regarded such a treaty as i'm
possible and that II barred further pro-
gress with respect to the canal.
Senator Foraker and Secretary Hay
agreed that It would be idle to undertake
to secure the ratification OF any treaty
that fatty prohibited fertilization by
| the United States or involved this govern
| ment in any obligation to consult any
| other government as u the protection Of
the canal. Senator Foraker suggested
| several changes from the convention
which had been rejected by Great
Britain. They included the following
provision:
| The canal shall never be blockaded.
nor shall any right OF war be exercised
nor any act of hostility De committed
within It. The United States. however,
shall be at liberty to maintain such
military police along the canal as may be
necessary to protect it against lawlcss-
ness and disorder"
EMBODIED IN NEW TREATY.
Senator Foraker said that he marked
these changes In a copy of the first Hay
Pauncefote treaty which was handed tc
him by Mr.. Hay, who took It away with
him, and In the fall of the same year, or
August 9, 1910. wrote 10 the senator ir
| confidence that he hoped to conclude Z
new treaty with England in line witt
AL the suggestions which you kindly
made to me" That treaty was negotiate
and sent to the Senate In December. 1901
and was ratified without amendment arr
In due time was ratified by Great Britain
and became n binding agreement. Sen
ator Foraker has no doubt that the Uni
ted States was reserving the right to for
tify the canal.
| i'iii AHe treaty provision ApT the rs
tablishment OF military force on tn,
canal, Senator Foraker says, # woulC
have right to do whatever was neccs
snry in the way OF entrenchlng Itself, or
I'm palmer words. terrifying itself agains
attack He adds that the idea was
that with the canal constructed at cos
Of hundreds of millions OF dollars, mo on
would ever question our right to do what
ever might be necessary In our judgmen
to uphold our authority and protect GU
property and commercial rights"
quoting from tho Spooner law pIovidln
Tor the construction Of the canal an,
from the treaty with Panama, Senate
FORAKER shows II to have been set fort
clearly that it was the intention of tn
United states II protect the canals AM
harbors
GIVES RIGHT TO FORTIFY
me Panama treaty uses the word'
the United States shall have che righ
10 establish fortihcations." He cites
the tact that the British government
u'u not raise any question as to the
HPooncr law or the Panama treaty be
ing III contraVention of the Hay.
fauhcetote treaty. lie said that u,
N"Pposeu' ana ne thought other sena
tors were of the same opinion. tina
the British government recognize,
and understood that when the secon,
Iiay-Pauncefote treaty was ratified +
was matter left wholly to the dis
erection OF the United States go de
termine to what extent we womb ON
; ploy military power and resort I,
fortihcations 10 protect our rights.
, Senator Foraker said further. AN ex
! plicit stipulation to this effect wa.
, not insisted upon because silence OF
the subject OF itself left US free to Il,
as we might see fit"
Mr. Foraker closes his letter wit,
r the following: There were numbe
= of senators and great many peopl
t who were Of the opinion then. and ar,
probably sim Of the opinion. that I
{ might be good policy for the Unite,
h States not to fortify or do anythin,
: else that would invite an attack oil
E the canal or make that n theatre o
= hostilities In case OF war; hut howeVe
a that may be. II was, | know, the pur
|. nose Of tho great majority Of the Sen
ate. and as TO the second treaty .