Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-08-16

treaty, in the language found therein /
by which we would be controlled, |
are not so certain and so definate as |
that We may not resort to contempor
aneous history, to the subject matter
that the contracting parties had un-
der consideration for the purpose of /
determining whether or not the pro
visions Of that treaty are sufficient
to extend over and cover the rights
Of America in the construction. oper-
alton, and maintenance of the Pana-
ma Canal at the present time
In doing this intend to call upon
English authority | intend TO rest
my conclusion and my contention, to
rest the basis OF my vote, on the
attitude of the government of
Great Britain and upon the state
ment that emanated from her for
eign office when the Hay Pauncefote
treaty was under consideration and
before it's adoption by either of
the two great signatory powers
intend to occupy but a few min
utes In the discussion of this matter.
| call the senator's attention to
letter, and read therefrom. which
emanated from the British foreign
office on the 22d day of February,
, 1901 1t is letter of instruction TO
the ambassador TO this country
with respect to the very treaty which
is now under consideration and in
volved in the bill that is before the
senate. II shows that England, one
of the great powers, did not contem.
plate, never considered, and had no
such thought in her mind. that the
treaty which was then being negotia-
/ tide would ever be extended to the
Panama Canal as subsequently ac-
quired by negotiations from the
government OF Panama and as con
structed by this Nation subsequent
TO the execution of that treaty and
under the obligations by which We
contracted with Panama That in
every consideration of that matter
she was guided exclusively by the
idea that the canal to be construc-
ted under the provisions of the
treaty was to be constructed by the
American government or by private
parties under authority of the Amer
lean government upon siol that was
entirely foreign and not upon ter
ritory belonging to herself. >
call the attention of the senate
to the fact that this treaty was
} made by the British government.
! II was signed by the high officers
: of the British Crown in contempla-
tion of the construction of canal
= by the Nicaragua route, upon for
r eign territory and under conditions
2 of sovereignty as to which neither
Y Great Britain nor the United States
! could dispose of. She therefore oh
!. jected to an amendment which gave
to the government of the United
4 States the right of defense, and i
/. was never considered or nevel
+ thought of or dreamed of; and, al
q suggested by the senator from Ken
l. lucky, the American people woult
~ Tod hn
upon American territory this gov
" eminent. through any officer woul'
a surrender the right of self-defens
a. in time of war They were not ne
q. gotiating with respect to that. !
:. was never contemplated; II wa
"A never thought of; IL was neve
" dreamed of.
ID My contention is that this treat
Is stipulation can not be extended
r. matters that were not contemplate
" by the parties to that treaty at tn
IS time il was authorized and at tn
H. time of its ratification by the NV
n great signatory powers, and that !
ID the construction of that treaty W
ct have a right to look and must loo
10 the conditions as they existed
he that time, as we have right to d.
lis termine and must determine the an
in biguous and uncertain terms therein
to but we must interpret the treaty
he the light of those facts and constrr
by and interpret that treaty as Grei
Or. Britain intended it should be int
tie preted when she placed the restrl