El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-18
Modified Treaty On Canal
England Says United States May Ex-
ercise Rights OF War; Which
Treaty Prohibits.

By Frederic J. Haskin


to reopen with England the
] question Of building an isthmian canal
! in the hope Of securing terms different
from those contained in the Clayton
Bulwer treaty, an instrument was ne
gOtiated by secretary Hay and Lord
PauncefOte, embodying these changes.
and it was laid before the senate in
February. 1900. That body did not
approve some of the provisions in the
treaty as it then stood, and so attached
to II numerous amendments, infer
enually suggesting to England that
the treaty as amended contained the
terms upon which an agreement could
be reached Secretary Hay took the
matter Up with the British ambassador
once more, and they were able to com
pose the differences between the United
states senate and the English govern
ment In November of the same year
the new draft of the proposed treaty
was laid before the senate. 1t con-
tanned nearly all the essential features
Of the former instrument. but some
What modified the amendments written
IN by the senate.
Maintain Neutrality Principle
Both forms Of this treaty agreed to
the preservation Of the DrfncipIe of
Capitalization set Up in the Clayton
DeA y Ct treaty. ana DOID forms also
PROVIDED that the canal should be con-
structed under the auspices of the Unit
ed states alone. The treaty as event
ualIy ratified declared that its purpose
was 10 remove any objection that
might arise" out of the CLAYTON Bu1vver-
treaty TO the constructing Of such a
canal under the auspices Of the gov
eminent Of the United States without
lillpa-lrlng the general principle Of
Iteutranatlon, .eSta blished in article
eight of the Clayton Bulwer treaty.
me general principle" of neutrality
laid down therein is contained in a /
cause winch provided that the two 1
governments enter into the treaty. not I
only to accomplish a particular OBJ |
Ject but also to establish a general (
principle and that they therefore !
agreed that all isthmian cOmmunica- /
Ulonss and particularly interoceanic
should be protected by
the two governments In granting 4
this protection, however it was agreed ]
Inat no charges or conditions Of traf- 4
Tic not approved by the two govern
ments could be made: that these con-
1ltlons and charges should be the same
TO both countries; and that they shouId
also be the same to other nations upon
their engaging to join with the United
States and England in protecting inc
canal
Provisions for Cost.
me Ilrst article Of the new treaty
PROVIDES that 1t is to supersede the I
treaty The second I
article permits the construction Of the /
anal by the United States at its own Z
'osI by gifts or loans to corporations
lr INDIVIDUALS or through subscriptions
o or purchase OF stock or shares. and |
hat. subject to the provisions of the I
treaty it should have and enjoy all (
ne rights incident to its construction,
IS Wen as the exclusive rights OF
providing for the regulation and man /
lgement Of the canal.
The third article sets forth that the
mi
radiation substantially the rules for
he free navigation Of the Suez canal. I
the specific rules provided being six
n number. The first Of these rules
provides that the canal shall be open
and free to the vessels Of commerce and
# war of all nations observing them,
lpOn terms Of entire equality so that !
here shall be no discrimination against
my such nation or its people; and fur
her that all the conditions and charges
ire to be Just and equitable.
No Application TO WarshIps
1t is interesting to note in connection !
With this rule that while the British
contention is a denial Of the right OF I
he United States TO exempt even its Z
oastWise shipping from the application /
II the principles laid down therein. il I
iOes not cOncede that the rule no I
Onger has any application to the ships :
4 war" of the United States. Sir Ed
ward Grey contends that when the
United States ACQUIRED the territory !
N which the canal is being constructed /
t came into the right to take such / ,
measures as might be necessary for |
occurring the defence Of the country, 1
no that therefore the rule will not ap- ]
'ly to our ships Of war, although it (
Oes apply to our ships of commerce. I
lie says that this right Of the United /
tates was not recognized in the Hay
'aunce1OrJe treaty IN so many words, I
IS the rights of Egypt and Turkey are [ I
in the SueZ canal treaty,
ecause the United States was not at I
nat time owner of the territory ]
through which the canal extends.
Can Exercise Rights of War;
me second rule Of the six provides J
hat the canal shall never be block (
ded that no act of war shall ever be /
xercised in it. that no act Of hostility I
hall be committed in it The United I
tates is given the right to police it to /
rotect 1t against 1aWlessness and dis
rider. The British government now
Oncedes that for the United States to
Xercise rights Of war within the |
anal, thing directly prohibited by the I
realty viii not be a violation of its
erms, because of our acquisition OF
overeign rights in the Canal zone
The third rule prOvidesI that vessels
f war Of a belligerent Shall not re-
ictual nor take any stores in the
anal, except such as may be strictly
ecessary and that they shall be sent
trough the canal with the least pos
-ble delay. The rule applies to cap
ared prizes as well as to war vessels.
{ war shall embark or disembark
-OOps. munitions Of war or warlike /
laterials in the canal zone except in
and then not for war pur-
oses. The fifth rule provides that
ne rights under the canal shall extend
lree miles out to sea at either end;
nat no war vessel Of a belligerent shall / n
.ay in these waters for more than I
venty-fOur hours at any one time, [
kept in distress; and that the war
hips Of one belligerent shall not de- o
art within tWenty-four hours Of the :
aparture of other belligerent war y
lips.
Equipment Part Of Canal ,
The sixth rule provides that the
amt establishments, buildings, and d
d works necessary to the construction. / il
and operation of the I a
nal shall be deemed part Of it. and
all times shall be immune from at U
-ck or injury by belligerents and o
ON acts calculated TO impair their s.
The fourth and last article OF the
,eatv. except the one setting forth l D
s ratification provides that no change / n
territorial sovereignty or of the in :,
irrational relations of the country or ii
,rtries traversed shall affect the gen "
al nrincfple of naturalization or the v
,Ifgation of the two countries 4
Views Differ on Ciuuses =,
Some have urged again and again q
at when England comedies that these