Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1914-06-04


used in this rule under consideration
do not include vessels of war Of Che
United States, and that vessels Of
war q the United States will not be
required TO pay tolls. These gentlemen
also admit that the other rules in ar.
ticle do not restrict the rights OF the
United States
Great Britain admits that our gov
eminent has the right "to exercise bel
ligerent rights to protect the canal
Sir Edward Grey, in his note of No.
Vember II, 1912, to Ambassador Bryce
SAID:
Now that the United States has be.
come the practical sovereign Of til,
canal. His Majesty's government do not
question ITS title to exercise belligerent
rights for ITS protection
From the reasons and admissions
given, il clearly appears that the words
vessels Of commerce and OF war; used
m rule !, do not include vessels 81
war Of the United States Henc,
these words vessels Of commerce and
war dc not include vessels Of com.
merce Of the United States. because
we cannot include vessels 81 com.
merceD OF the United States and ex.
clude vessels Of war; Of the United
states IN liking the meaning OF the
words vessels Of commerce and Of war
ol all nations used in this rule.
II plainly follows that the words "all
nations" do not include the United
States. but include "all nations other
than the United States, the maker Of
the rules and owner Of the canal.
Neither rule l nor any other provision
OF the Hay-Pauncefote treaty restraints
or precludes our government from ex-
empting vessels Of the United States
from payment of tolls for passing
through the Panama Canal whether
such vessels be engaged in the coastwise
trade OF the United States or engaged
in foreign commerce.
For these reasons / am fully satisfied
that the law which exempts vessels en-
gagged in the coastwise trade OF thu
United States from the payment of tolls
at the Panama Canal does not violate
the Hay Pauncefote treaty.
1t IS contended by some that the
words without impairing the general
principle of naturalization in article 5
of that convention" used in the pre-.
amble OF the -Pauncefote treaty
establishes a general principle Of men
trality' that limits the right of the
United States in its control Of the Pam
anna Canal.
Article s Of the Clayton Bulwer treaty
is as follows:
The governments OF the United
States and Great Britain having not
only desired, in entering into this con-
vention, to accomplish a particular OBJ
lect, but also to establish a general prin-
ciple, they hereby agree to extend their
protection, by treaty stipulations, ID
any other practicable communications
whether by canal or railway, across the
isthmus which connects North and
South America, and especially to the
interoceanic communications should ths
same prove to b. practicable, whether
by canal or railway, which are now pro.
posed to be established by the way Of
Tehuantepec or Panama In granting
however, their Joint protection to any
such canals or railways as are by thii
article specified, it is always under
stood by the United States and Great
Britain that the parties constructing OF
owning the same shall impose no other
charges or conditions of traffic there.
upon than the aforesaid governments
shall approve of as Just and equitable
and that the same canals or railways,
being open to the citizens and subjects
of the United States and Great Britain
on equal terms, shall also be open on
like terms to the citizens and subjects
OF every other state which is willing to
grant thereto such protection as the
United States and Great Britain en-
gage to afford"
A careful examination of this article
shows that no general principle of
naturalization that would apply to the
Panama Canal was so established.
This article established the general
principle" that the nations who should
jointly protect the canal should have
equal rights to the use Of the canal. No
nations join in the protection of the
Panama Canal The whole burden OF
protecting this canal rests upon the
United States.
The rights of government cannot be
conveyed away by terms that are
doubtful.
Former Secretary of State Olney said;
"The principle is well settled that q
state conveys away its rights Of sover-
eighty or property only by terms which
are clear and express and are not sus-
reptible Of any other reasonable con-
struetion. If the terms are vague and
81 doubtful import, the presumption is
against the states intention to part
with or abridge its jurisdictional or
rights"
BY exempting vessels engaged in the
,oastwise trade Of the United States
from payment Of tolls at the Panama
Canal, our government discriminates
lgainst no nation when the tolls charg
d other nations are just and equitable
md each nation is charged the same,
because the coastwise trade Of the
United States is wholly reserved to the
vessels Of the United States. The law
this trade is as follows;
"That no merchandise shall be trans
ported by water, under penalty of for
'eiture thereof, from one port of the
United States to another port Of the
United States, either directly or via a
'oreign port, or for any part of the voy-
lge, in any other vessel than vessel of
he United States.
''No foreign vessel shall transport pas
icngers between ports or places in the
United States, either directly or by way
If foreign port, under a penalty OF
300 for each passenger so transported
ind landed"
In fixing the rate to be charged for
oils our government took into consid-
sration the estimated amount of coast
wise trade and made due allowance for
same. The tolls for the Panama Canal
nave been fixed at $l.2O per net ton.
At the Suez Canal the tolls are 81 30