Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-06-10

the claims on the part of England
of the meaning of the Hay-Paunee-
fote treaty. The bill was reported
to this House three days after the
Hay-Pauncefote treaty had been rati-
fed by the Senate, and it passed this
House on January 8, 1902 before the
treaty had been fully proclaimed, but
after it had been ratified, by a rec
ord vote of 30S yeas and nays. zap
plause) And among the distinguish
ed gentlemen who had the honor to
vote for that bill, which they now say
is in conflict with the Hay Paunce-
fote treaty. were my distinguished
friend from Georgia (Mr. Adamson)
and my distinguished friend from
Tennessee (Mr. Sims). (Applause.)
IMMEDIATE CONSTRUCTION OF
THE TREATY BY THE SENATE
That bill went to the Senate of the
United States, which had just rati-
fled the Hay Pauncefote treaty. We
have heard a great deal here about
what this Senator says and that Sem
ator says as to the meaning of the
Hay-Pauncefote treaty when pending
before the Senate. But when the Hep
ate the subject was fresh in their
minds. If ever they knew what they
meant in the Senate, they knew it
then when they were passing upon
a bill based on a treaty which they
had just ratified. And what did they
put in this bill? The Senate struck
out all after the enacting clause of
the Hepburn bill and inserted what
is now the law, called the Spooner
Act. What is section 6 of that act?
That is the act under which the Pan
anna Canal has been constructed. It
is the act under which We acquired
our right to build it, because we di-
rected the President to make the
treaty which was made with Panama
or with the Republic of Colombia.
Let me read to you what section 6
of the act of June 2S. 1902, says
Sec. 6. That in any agreement with the
Republic of Colombia or with the states
of Nicaragua and Costa Rica the Presi-
dent is authorized to guarantee to said
Republic or to said states the use of said
canal and harbors, upon such terms as
may be agreed upon, for all vessels
owned by said states or by citizens
thereof.
Here was a construction of the
treaty by the same Senate which had
ratified it within few days after it
was ratified, authorizing and direct
ing the President to grant to the coun-
try from which we obtained the right
to build the canal preferential tolls or
no tolls at all. (Applause) What
was done under that?
HAYS CONSTRUCTION OF THE
TREATY
A gentleman the other day, with
fair words but little knowledge, said,
"Oh, what would John Hay have said
to this construction of the treaty
that great statesman and diplomat?
He would not have so violated the
honor of his country" Mr.. Speaker
after the passage of the Spooner Act
Secretary of State Hay negotiated a
treaty with the Republic of Colombia
which treaty was ratified by the SEN
ate of the United States. 1t was
signed by Mr.. Hay on January %
1903, and was ratified by the Senate
of the United States, but was not rati-
fled by the Republic of Colombia
What did that treaty provide? Ar
ticle 16 of this treaty-the Hay Herran
treaty-negotiated by Mr.. Hay pro
vided:
The canal when constructed and the
entrance thereto shall be neutral in per
petuity, and shall be opened upon the
terms provided for by Section ! OF Arti-
Gle of and in conformity with all the
stipulations of the HayPauncefott
treaty.
The very next article of this treaty
Immediately following this declara-
i l. -
conformity with section 3 of the Hay
Pauncefote treaty-the next article
| written by John Hay-provided
The government of Colombia shall have
the right to transport over the canal its
vessels troops, and munitions of war a
ali times without paying charges of any
kind.
(Applause)
Here was a construction of the Hay
Pauncefote treaty by John Hay which
Sir Edward Grey now says is in vic
lation of article 8 of the -Paunce
fote treaty. l prefer now to take thi:
judgment of John Hay, who signed
the treaty. and of the Senate of tht
United States, which ratified the
treaty, rather than the belated opin
ion of Sir Edward Grey. or even the
| OplIllDll VI IItoldcHt w liSou. zap
! plause)
AS CONSTRUED BY OUR TREATY
! WITH PANAMA
What more? The treaty with Co
! lombia was rejected by Colombia, ant
| Secretary Hay negotiated treat,
with Panama, which had become {
Republic. Again, article IS of the
treaty with Panama which is now il
! force provides:
| That the canal shall be subject TO al
the conditions provided in the Hay
Pauncefote treaty.
And the next section of the Panama
treaty, article 10 provides:
The Government of the Republic o
! Panama shall have the right to transpor
over the canal it's vessels and it's troop!
and munitions of war in, such vessels a
all times, without paying charges of an.
kind.
Articles IS and 10 of the treaty be
tween the United States and the Re
public of Panama, signed Novembel
! IS, 1903, by John Hay on the part o
the United States and proclaimed
February %, 1904, in full are as fol
lows: