The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1912-10-05

ssSN W eHo oktof-hns nhcouy beiu tho'
that territory shall be fortified for the
defense of American interests upon q
strip Of land ceded by Panama under
the treaty. Not one word has been
heard in protest from the British Gov.
ernment against the act of this Govern
ment in 80 fortifying the canal, notwith-
standing in the original treaty. involv-
ing the Nicaragua route, they said they
objected to Notifications upon the canal
route because the parties thereto had no
power to dispose OF that territory and il
wasuot within the Jurisdiction of either
Of the signatory powers. +" ---.-. - -
The Senator then took up the broarder
question of possible vested rights under
existing international agreements. He
said in dealing with the Hay -Paunce.
fote treaty:
II propose. Senators, IL possible-snd ]
believe it is possible under well es,
tablished rules OF legal construction,
rules founded upon justice. approved
by the judgment Of the Anglo-Saxon
race in the administration of equity
to eliminate, 90 far as this bill is con.
cerned, absolutely and unqualifiedly the
Hay -Psuncefote treaty. In other words,
| propose TO address myself to the propo-
sition that, so far rs American rights
are concerned, 30 far as American in
terests are involved, and in 30 far az
the Congress of the United States, with
the approval of the executive, is con-
cerned. the Panama canal as nearl,
constructed Is not within the terms Of tl1s
Hay Psuncefote treaty and is not gov.
erned thereby. and that Congress has alb
solute power for the purpose of legis-
lating not only in q discriminate.
ing way in favor Of American
shipping and in favor of American
interests of all kinds. but. in SO far
as it may desire, to regulate the
tolls of other nations, without regard to
any Of the terms or conditions of the
treaty which has been so ably discussed
by the senior Senator from Kentucky.
Mr. Bradley.
"a treaty. as was well said by the Sen
stor from Kentucky, is a mere compact
between nations concerning matters over
which the respective sovereignties to
such treaties have power TO contract;
and when those treat,ez are. rss-.e- sks,y
stand at the bar Of the civilized world
as the rights of individuals stand where
construction and Interpretation are
necessary; and they must be controlled
by the same rules of construction, upon
just and equitable grounds. as the rights
of individuals. and must be determined
in so far as rights under contract may
be extended or limited.
81 call the attention Of the Senate to
the fact that this treaty was made by
the British government. IL was signed by
the high officers of the British crown in
contemplation of the construction of q
canal by the Nicaragua route upon
foreign territory and under conditions
Of sovereignty as to which neither
Great Britain nor the United States
could dispose Of. She therefore objected
to an amendment which gave tn the
governments of the United States the
right of defense and it was never con.
sidered or never thought Of or dreamed
Of; and, as suggested by the Senator
from Kentucky. the American people
would never have tolerated the idea
that upon American territory this gov.
ernment, through any officer, would
surrender the right of self-defense in
time of war. They were not negotiat-
ing with respect to that. It was never
contemplated; it was never thought Of;
il was never dreamed Of"
1t is due to the foresight, courage and
craftsmanship of such men as Nevada's
junior Senator and those who stood be.
side him in defense of American rights,
that we to-day see the powers of the
old world cheerfully-because of ne.
cessity-acquiescing in the determine
tion of the United States to control its
own, if not the worlds greatest avenue
OF commerce. Any other eventuality
would have been humiliating and un.
American. Advt.