The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-12-11

OF the terms upon which 1t Is to be
used. The first clause grants a priv.
ilege TO other nations. and yet the
language Of this granting clause Is
what IL relied on altogether as limit
Ing American rights In the canal.
Read 1t carefully: The canal shall
be free and open to the vessels Of
commerce and OF war OF all nations
observing these rules" The other
rules not only all relate to war, but
casual reading thereof shows that
that are intended to protect the Unit
ed States from any inconvenience az
result OF war between two other
nations. These Ave other rules pro-
hibit belligerents from blockading
or exercising any act of hostility, or
revictualing or taking stores Tex
ccpt as may be strictly necessary.
or embarking or disembarking troops
or munitions OF war. or permitting
their vessels Of war to remain in such
waters longer than twenty-four hours
either within the canal or within
three miles OF the canal, and grant
complete immunity from attack BY
the belligerents OF the canal plant.
etc.
Now II We have not the right to
exempt commercial vessels from tolls
because we are one OF all nations
observing these rules" then we have
not a right TO exercise any act of SOW
ereignty in that canal In time Of war.
and our war vessels and troops would
be subjected to these five rules /
have Just stated, and we have buIlt
tnis canal In vain SO far as protec-
tion and war advantage to- this coun-
try are concerned. Tsis construction
is childish and silly: do not care
now ointment the men who espouse
II when say this. They simply have
not analysed or studied the question.
o. they are mislead by some other
motive. Let us use a little common
sense as well as theory In these pub
lie questions. The Clayton-Buiwar
treaty, under which 1t was contem-
plated that Great Britain would offer
protection as well as money in build
Ing and keeping the canal, was en-
ttrely repealed In definite terms by
the Hay-Pauncefote treaty: and
Great Britain never has offered a pen
ny OF money or a particle OF protec-
ton: Suppose the owner of a private
roadway or waterway has built the
same at his own expense and labor.
and says to his neighbors, II will
permit you to use this. but only ac-
cording to certain rules which lay
down. What would you think IL
one OF his neighbors should say, "AlI
right. but you have to obey those
rules yourself"
Sir Edward Gray, after the acoui-
sition by the United States OF all
necessary rights In Panama. frankly
admitted that now that the United
states had become practically sover-
eign OF the canal. His Majesty's gov
eminent does not question its title
to exercise belligerent rights for its
protection" That is. as Secretary
OF State Knox pointed out, an ac-
acknowledgement that our subsequent
acquired sovereignty automatically
exempts us from the application OF
five OF the rules to be observed INV
all nations" as condition for the
use OF the canal. but our ownership
plus our sovereignty does not EXEMPT
us from the other, which would mere
~ permit the owner OF the property
to exercise the ordinary rights or
ownership. ITO deny this free use
OF our own canal for our own vessels
rs Just as much an impairment Of on
sovereignty as to deny our rights to
exercise acts Of belligerency in and
for Its protection"
John Hay, the great secretary of
state who negotiated the Hay-Paun-
cefote treaty, being well versed in
these attributes Of national soyer-
eighty. knew that 1t was not neces-
sary to set forth in the treaty the
fact that the owner could exercise
the ordinary rights Of ownership. and
so 1t was not done; but 1t would
seem wise in future treaties to re-
sort to a B G diplomacy by stating
self-evldent truths, not because OF
possible foreign complaints, which
are often made in bad faith, but be-
cause Of this supine willingness of
certain eminent American citizens to
s''-a'~ Weld American rights in
stanter In order to avoid a friction
"...eA might upset their delicate
nerves.
Congress can not appropriately in
sc many words say what 1t thinks Is
the proper construction Of the Hay.
Pauncefote treaty. but It will be ex.
pressing the same idea and effectual.
ly asserting our rights by enactinr
my bill into law.
Some will hesitate to support INV
bill because some other nations ara
at war. but a milk-sop attitude on