New-York tribune., 1920-11-22
Panama Canal Tolls
a Protest Against Free Passage for
American Tesscls

a Protest Against Free Passage fo,
American Tesscls
To the Editor of The Tribune.
Sir: Out Of the great war have come
many things, mostly bad, aside from
the defeat Of Germany and the re-
demption Of the world from the menace
OF Teuton domination. But great forces
OF material ambition and selfshness
nave been liberated, and tho United
States, like the rich man in the New
testament, seems to be In great dam
ger OF abandoning its early ideals, for
the same reason. that we have great
possessions. Our material wealth and
extraordinary fortune in joining the
Allied forces in the war at the moment
when their failure seemed imminent
and our accession brought victory, have
no: left US with any apparent realiza-
tion of that "ancient sacrifice" of an
humble and contrite heart, which still
! stands, as Kipling reminded his country
men when, with lavish display of mate
rial wealth and power, Britain was cele-
brating the sixtieth anniversary Of the
great Queens accession. On the con-
trary, a new imperialistic spirit is
manifesting itself; spirit that seeks
to get all and give nothing; a spirit
that would profit at the expense even
of national faith and national honor.
This tendency found expression in a
passage in the Republican national
platform adopted at Chicago, which
reads: "We recommend that all ships
vessels of the American merchant ma
rine shall pass through the Panama
Canal without payment of tolls"
The Republican Platform
Whatever the genesis of this pro-
vision, it most certainly didn't receive
any consideration from the convention;
few members were aware of its pres
ence, and only recently has public at
tention been directed to it. Even now,
only the few persons who are familiar
with our treaties or who recall the
vigorous fight waged against the ex-
emption Of American coastwise ship
ping by Senator Root. Joseph II.
Ghoate and other leading Republicans,
realize the proposed reputation of
international obligations, solemnly and
deliberately incurred, which the rec
commended action would involve. To
persons unfamiliar with the treaties
between Great Britain and the United
States and their history, it would seem
natural that, as the United States at
its own expense built the canal, it
could, If it pleased, exempt its own
ships from the payment of tolls for it's
use. But we are not free to do so.
Ely the Clayton Bulwer treaty Of 1850,
both Great Britain and the United
States agreed that each SHOULD enter
into treaty stipulations with such of
the Central American States they
might deem advisable for the purpose
Ct more effectually carrying out the
great design of this convention, namely,
that of constructing and maintaining
the said canal as ship communication
between the two oceans for the benefit
of mankind, on equal terms for all"
Eaualify Promised
This canal the United States and Great
britain undertook to protect. In an
other article, after reciting that the
treaty was entered INFO not only to
accomplish a particular object, but to
establish a general principle, it was
stipulated that any railway or canal
that might be constructed across the
isthmus, shall not only be 'open to the
citizens and subjects Of the United
States and Great Britain on equal
terms, but 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" In 1900 the provisions
of this treaty were modified by the
Hay-Pauncefote Treaty, whereby it was
agreed shat the canal might be con-
structed under the auspices of the
United States, either directly at its
own cost, or by gift or loan to individu-
ais or corporations or through sub
scripti6n to or purchase of stock or
shares"
That treaty further provided, that
"The canal shall be free and open
to the vessels Of commerce
and war of all nations" observing the
rules to be promulgated by the
United States respecting its opera
ton, "on terms of entire equality,
80 that there shall be no discrimina-
ton against any nation or its citizens
or subjects in respect to the condi-
tions or charges of traffic, or other
wise"
The exemption contained in the
Panama Canal act Of 1912, which was
repealed in 1914, extended only to
vessels engaged in the coastwise trade
of the United States, and it was argued
in its support that as no other nations