Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-03-18
Amend Treaty as Well as Law.

Amend Treaty as Well as Law.
Before anv ships whatsoever pass
through the Panama canal direct ne
aotiation with Great Britain constru-
ing or altering tho Hay-Pauncefote
treaty or substituting another treaty
in it's place. should dispose definitely OF
John Bulls ever-increasins claims in
respect to the use of the canal.
The English Canadian contention now
Is in substance that in dissolving his
canal-making partnership with John
Bull under the Clayton Bulwer treaty
and in substituting for 1t the Hay
Pstuncefote treaty Uncle Sam relieved
John Bull from all the burdens and re-
sponsibilities of the partnership, but
left to him the perpetual and equal en-
joyment of it's vital privileges and ben
Gifts Uncle Sans promises in this
treaty are construed to mean that the
only exclusive privilege which he en-
JOYS under 1T is that of building and
paying for the canal at a vast expense
of life and treasure. and anxious
thought in meeting burdensome re-
sponsibilities; that In the canal thus
built his ships of war and of commerce
have not greater privileges in time OF
war or peace than the ships of all the
rest of the world; and that he has even
put himself on terms of inequality to
his disadvantage in the beneficial use
of the canal by denying himself the
privilege open TO all other nations. OF
substituting his ships using the canal by
refunding tolls.
Great Britain has not always and con-
sistently made these claims. 1t tac!tly
assented to fertilization and our naval
control of the canal In its original note
of protest of July 8. 1912. against certain
legislative proposals then pending in Con-
gress Great Britain declared ID that the
proposition to exempt American ships EN-
gagged in foreign trade from payment OF
canal tolls was in clear violation OF the
Hay-Pauncefote treaty: (2) that the prop
osition to levy tolls on American ships
and then to refund these tolls while per-
haps meeting the letter of the treaty was
In collation. of its spirit; and 80 that the
proposition to exempt from tolls American
ships engaged in coastwise trade. While
Perhaps not in violation of the treaty II
strictly confined to the coastwise trade.
was Objectionable because Great Britain
did not believe the United States could
confine such exemption In practice to the
coastwise shipping and predicted future
attractions of the treaty from abuse Of
the law.
In the canal legislation the United
States refrained ~ from exemption from
tolls of American ships engaged in
foreign trade: and also refrained CD from
a refunding of those tolls which Great
Britain then thought would violate the
spirit though not the letter of the treaty.
The United States exempted from tolls 80
only the American coastwise shipping,
which, as the British note in effect con-
coded, violates neither the letter nor the
spirit of the treaty and is objectionable
only because in Great Britain's opinion
the United States is incapable Of apply
ing it in strict accordance with its terms
and is impotent to prevent its abuse.
Far from tearing up the Hay-Paunce-
fote treaty, the United States gave to it
an excessive consideration.
Is the Panama canal under the actual
conditions Of it's construction. primarily
for the United States and Incidentally for
the rest Of the world: or primarily on
altruistic principles for the whole world.
including the United States, and not at
all in any special sense for the particu-
lar advantage OF the United States? Is
the United States the owner of the canal,
or an international caretaker without any
special privilege in respect to the canal
except that of paying for it and bur-
dened by special disabilities in respect to
fits use?
Though there may be no continuing
adequate consideration for the alleged
promises of the Hayfauncefote treaty,
Uncle Sam has recognized that he is
bound by the pledges therein. as reason
ably construed, until he Is relieved there
from by agreement with Great Britain.
In view Of these promises he has re-
Trained after Great Britain's protest.
from remtting tolls on his ships engaged
In foreign trade IN competition with Great
Britain. 1t is q matter of fair, dispas-
sionate discussion with England whether
either remission or refunding of tolls to
our coastwise ships is contrary to these
promises.
The equities in the case should be thor
oughIy thrashed out. ard then such
amendments of our canal Law and such
Simultaneous modification of our treaties
with Great Britain and Panama. or such
agreements as to the construction to be
placed those treaties, should be made
As will remove all obstacles to the OPEN
ing in 1918 or later of an American-con-
troIled canal to be used exclusively by
the United States and its allies in time
OF war.
If any substitute concessions are neces.
sary to this readjustment why should they
not be specifically for the benefit of Great
Britain and Panama, to whom We are un-
der some obligations. and not, as under
the Hay-Pauncefote treaty, for the bene-
fit of the world at large. which has done
nothing and omitted nothing to furnish
consideration for an agreement on on,
part to build enthusiastically for its bene.
fit canal exclusively on our own re-
sponsibility. on our own land and at our
own expense?