Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-02-12

other nations as should agree 10 the
terms of the convention on terms Oh
equality.
When the United States later decided
to construct the canal as a national UNI
dertaking it was dis
British Rights covered that the
Clayton B IL W g
UHueI Treaty. treaty gave England
rights that were too inclusive. now that
the canal was to be a governmental and
not private enterprise. Therefore.
new treaty, known as the Hay-fauhce-
fote treaty, was negotiated in considera-
ton of the abrogation of Great Britain
of it's rights and privileges under the
older compact. This last treaty proNioed
in so many words that the canal should
be open on terms of entire equaNty 10
all nations.
The entire controversy in It's interna-
tional aspect hinges upon the construc-
ton of this phrase. If ''all nations In
cludes the United States, then the ofilclai
American contention Is wrong ana the
British contention Is right Tor treat
Britain insists that the term ali ma
tons includes the United States anu
that President Taft's action, based upon
the act of Congress, in exempting coast
wise American vessels from the pay
meht OF toiiS Is ia Nioia'io'i "a mo
treaty.
Many Americans say that the canal
was built with American money and that
the Americans may do as they please
with it. Many other Americans insist
that solemn treaty obligation is an
honorable compact that may not be set
aside lightly and without the consent
of the other party to the contract. They
believe that in granting free tolls 10
American ships in the coastwise trade
,l,a ,,,1
honored the American flag and have
brought the American nation into dis
grace. Still others believe that even il
there was no treaty with Great Britain
the exemption OF the coastwise YES
sells from the payment of tolls is an
unwarranted subsidy, since these vessels
already have. by law. an absolute mo-
nopoly of the trade in which they are
engaged.
When the completion Of The Panama
canal doomed into sight Col Goethals, the
chief engineer of
GOethaIS Urges the canal, advised
Fixing of Tolls. !, was time for
Congress to enact a law fixing
the tolls on the canal and pro-
vidng a permanent organization for
its operation. He stated that it would
require two or three years for shipping
and shipping routes to be readjusted. and
that if we were going to have business
for the canal as soon as it was ready
To handle that business legislation should
be enacted early possible.
With THIS in mir President Taft asked
Congress for q law regulating the matter
of tolls. He recommended that these
tolls should be levied on all shipping,
&. o..
wise or otherwise. Later Mr.. Taft
changed his mind on the subject and in
a private communication to the commit
tee on interstate and foreign commerce
of the House Of Representatives. delivered
through Secretary StimsOn. he recon-
mended that coastwise shipping be ex-
empted. However. the committee report
ed in favor of tolls all shipping.
The democrats were in a majority. but
when the bill was voted on a few demo-
an amendment by Mr. Doremus of Mich
igan. q democrat. eXemptinS coastwise
traffic from charges for tolls.
Those who advocated the exemption
of coastwise shipping from the payment
of tolls assert
Views Given of ed that what
Agreement Phases. Ever GLAND a. :. :
under the Hay Pauncefote treaty. they
could not be impinged upon by an ex-~
emption of coastwise shipping. since
England has no interest whatever in
that. and since English ships were ex.
cluded from handling it.
But England did not agree. The Brit
ish said that when the United States
wished to undertake the building of the
no n ,-,t "a,
and asked his majesty's government to
surrender some of the rights it had under
the Clayton Bulwer treaty. which had
been in effect for fifty years. One of the
things that had to be gotten rid of was
the agreement that neither government
should ever obtain or maintain for itself
any exclusive control over the canal.
Another thing forbidden by the Clayton
the canal. England. also. under that
treaty. had the right of assisting in the
protection of the canal
1t was desira BILE. when the United
States determined to build the canal as a
government undertaking, that these
treaty agreements should be amended,
and so the Secretary of State. John Hay,
negotiated treaty amending them with
Lord Pauncefote, the British ambassador.
1t is under this treaty. read in the
W
Great Britain in
England Insists sists that its
on No Exemption. lar and those Of
the nations of the earth. in general, shall
DE accorded the same treatment that We
accord our own. The British claim that
these two treaties give them the right to
every advantage for their shipping that
we claim for our own. and that. there
fore not even American coaStwise ship
ping can be exempted from canal tolls
without violating the treaty obligations
entered into in the Clayton Bulwer treaty
and reaftirmed in the Hay-Pauncefote
treaty.
AS will be explained in a succeeding ar
ticle, the British protest against the
canal law makes numerous admissions as
to what the United States may do under
the letter Of the law, but at the same
time asserts that these things would be
in direct contravention Of the spirit of
the Hay-Pauncefote treaty. At the same
time the British government stands
firmly on the ground that the Clayton
Bulwer treaty gave to English shipping
every right that is enjoyed by American
chi and that this Drincipla WAS III