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


"ARTICLE 4.
F" 1t is agreed that no change OF ter
ritorial sovereignty or of international
relations Of the country or countries
traversed by the aforementioned canal
shall affect the general principle of neu-
tralization or the obligation of the high
contracting parties under the present
treaty.
"'ARTICLE 5.
The present treaty shall be rati-
fled by the President of the United
States, by and with the advice and con-
sent Of the Senate thereof, and By His
Britannia Majesty, and the notifications
shall be exchanged at Washington or
at London at the earliest possible time
within six months from the date
hereof.
"ln faith whereof the respective
plenipotentiaries have signed this treaty
and hereunto affixed their seals.
Done in duplicate at Washington,
the 18th day Of November, in the year
Of our Lord one thousand nine hundred
and one.
"'John Hay (Sea)
'Pauncefote. lSean'"
have quoted this treaty in full so
that we may consider all its provisions
together,
Much misunderstanding as to our
rights under this treaty has been caused
by the fact that rule ! of article 3 has
been SO frequently quoted alone.
Article states:
1T is agreed that the canal may be
constructed under the auspices Of the
government of the United States, either
directly at its own cost, or by gift or
loan of money, to individuals or cor
porations, or through subscription to
or purchase of stock or shares, and that,
subject to the provisions of the present
treaty, the said government shall have
and enjoy all the rights incident to such
construction, as well as the exclusive
right Of providing for the regulation and
management of the canalo
BY this article it was agreed that the
government of the United States might
construct the canal at its own cost, and
that, subject to the provisions of this
treaty, our government should shave
and enjoy all the rights incident to such
construction"
What are the rights incident to such
construction"
The government Of the United States
has constructed the Panama Canal ON
land acquired from Panama for that
purpose, and has paid the entire cost
of IS construction. BY such construc-
ton" the government of the United
States is the owner of the canal Hence
the rights incident to such construe.
ton" are the rights of the owner of the
canal.
The owner Of the property ''has the
right to enjoy and do with it as he
pleases, even to spoil or destroy It, as
Tar as the law permits, unless he be
prevented by some agreement or cove
nant which restraints his right"
The government Of the United States,
being the owner of the canal has the
right to use it or permit it to be used
in every lawful way without charging
for it's use, unless restrained by agree
ment
1t is contended that rule ! of article
3 restraints and precludes our govern
ment from exempting any vessels OF
commerce from payment of tolls,
whether such vessels be engaged in the
coastwise trade of the United States or
engaged in foreign commerce.
In considering this rule we should
keep in mind that article ?. in addition
to the rights mentioned. also gives our
government "the exclusive right of pro-
viding for the regulation and manage
ment of the canal"
Pursuant to this authority given in
article ,, "the United States adopts" the
"rules."
Rule ] OF article 3 is as follows:
"The canal shall be free and open to
the vessels of commerce and of war OF
all nations observing these rules, on
terms of entire equality, so that there
shall be no discrimination against any
such nation or its citizens or subjects,
in respect of the conditions or charges
Of traffic, or otherwise. Such conditions
and charges of traffic shall be just and
equitable"
Do the words call nations" used in
this rule include the United Statesl
The owner of the canal, the United
States, adopted this rule and the other
rules to be observed by other nations,
because no other nations will have the
right to use the canal unless such other
nations observe these rules. The
United States has not agreed that the
canal shall be opened to the vessels OF
"all nations" but has only agreed that
the canal shall be open to the vessels OF /
"all nations observing these rules" The I
United States has also agreed that such (
nations shall be permitted to use the I
canal on terms Of "entire equality" I'M !
der conditions and charges" that shall |
be Just and equitable BY this rule |
the United States has simply agreed /
not to discriminate against any nation
that uses the canal, and agreed that /
the conditions and charges" for the
use of the canal shall be just and equi-
table"
If the United States are included in
the words call nations" then both the
vessels OF commerce and the vessels OF
war of the United States are governed
by these rules, bcause vessels OF COM
merce and of war" are joined together
BY the language of rule /, and the
words vessels of commerce and of war"
are modified together by the words "of
all nations"
There is nothing in the treaty to war
rant the exclusion of the vessels OF
war" Of the United States from the pro-
vision of this rule and the inclusion OF
vessels of commerce" of the United
States.
Ii the words "all nations" include the
United States. what would be the po-
sition Of our government should the
United States fail to "observe these
rules Z" Would the canal be forfeited,
or would the United States still be re-
quired to maintain and operate the
canal for the sole use of the other ma Z
tions that observe the rules?
with the vessels of war of the United !