The Birmingham age-herald., 1921-05-06


 to the Clayton Bulwer convention and trying to make the neutrality obn- gations of Article VIII of that conven- ton cover both neutrality and equal treatment.
 In the IIay-Pauucefort treaty we have the explicit statement that such treaty shall supersede" the Clayton Bulwer convention However, we must examine every possible claim put forth and not dodge a single issue in showing the jus tice of the American claim. The Clay ton-Bulwer convention was made when we were in a position when we could make enemies The convention was considered at the time to be surrender ' of the Monroe Doctrine. Even as late as 1896 Secretary Olney said
 Tn short, the true operation and ef- feet of the Clayton-Bulwer treaty is that as respects all water and land inter- oceanic communication across the isth- mus, ethe United States has expressly bound itself so far to waive the Monroe Doctrine as to admit Great Britain to Joint protectorate"
 The convention was flor facilitating and protecting the construction of ship canal" Really the canal was a particu- lar one, starting with the River San Juan of Nicaragua on the Atlantic side
 Article 1 debarred either the United States or Great Bfhain from acquiring or holding any rights or advantages in regard to commerce or navigation through said canal which shall not be of fered to the citizens or subjects of the other
 Eveu anti Americans cannot claim this Article 1 as not superseded, as we have acquired rights on the isthmus that can- not be enjoyed In common with Great Britain in addition to rights already ours under the United States-New Grenava treaty of 1S46.
 Article II said that in the event or twar between the two nations their ves- sels using the canal shall be exempt from blockade, detention or capture by either belligerent Now our right to use the Panama canal as an addition to our war power is conceded by Great Britain. Lord Lansdowne said August 3, 1901:
 "I understand that hy the omission Of all reference to the matter of defense the United States government desires to reserve the power of taking measure 10 protect the canal, at any time when the United States may be at war, from de- structioI, or damage at the hands of an enemy"
 Article III provides for a joint protec- tion of parties constructing the canal and their property.
 Article " pledged Great Britain and the United States to their influence with states having or claiming juris- diction over the territory through which the canal passes, to facilitate construc- tion and secure free ports at each end.
 Article V is most important, as Great Britain and the United States therein engaged to jointly protect the canal and guarantee it's neutrality. But both par ties. however reserve the right to with draw their protection or guarantee upon six months notice, provided the persons or company managing the canal make determinations against one or in favor of the other. In this connection it is important to note that management clearly covered the regulation of com merce by tolls or otherwise. The penalty arising from discrimination. caused sim ply the withdrawal of protection by the one discriminated against, the neutrality being secured by joint protection or by the protection of one in case that one secured special treatment not accorded to the other. So we can clearly under starfd that the neutrality of the canal was covered in Articles II and V and these must be kept in mind when we study Article VIII.
 Article VI provided for inviting the co- operation of other nations by their enter ing into treaty stipuations with the two principals
 Article VII had to do with the joint treatment of those who supply the money and do the work with ex- pressed preference the first reliable con- tractor.
 Artile s must be quoted fully:
 ''The governments of the United states and Great Britain have not only desired in entering into this convention, to ac- complish a particular object, but also tc establish a general principle, they hereby agree to extend their protection by treaty stipulations to any other practical com rnunication. whether by canal or railway across the isthmus which connects North and South America; especially to the interoceanic communications should the same be practicable, whether by cable pr railway which are now proposed to be established by the way of Tehuantepec or Panama.
 'In granting. however, their joint pro lection to any such canals or railways as are by this article specified, it Is al- ways understood by the United States ard Great Britain that the parties con- tracing or owning the same shall im- pose no other charges or conditions of traffic thereupon than the aforesaid gov einments shall approve as just and equts- able and that the same canals or rail- ways being open to the citizens and subjects of the United States and Great Britain on even terms, shall also be open on like terms to the citizens anc subjects ot every other state which Is willing to grant thereto such protection as the United States and Great Britain engage to afford"
 So the anti-Americans go back to this Article of the Clayton Bulwer treaty to support their contention that in peace and in war we must treat the vessels of war and commerce of Great Britain upon terms of equality with our own vessels under every, circumstance. It was essential to get rid of the Clayton Bulwer treaty as it throughout speaks of equal treatment owing to the fact that equal obligations were undertaken In affording protection and guaranteeins neutrality.
 By Article and of the Ciayton- Bulwer treaty the two governments pro- vided jointly for the building of par ticular canal, it's protection and its neu. trality the latter being secured by joint protection. But in Article we find the two conditions covered separately iii the two paragraphs of the article. Th, first paragraph lays down general principle to apply to all available routes, the particular object accomplished by joint protection in earlier articles. this object being the naturalization secured in Article 9 and by. joint protection.
 The second paragraph provides that f Great Britain and the United States do extend their contract joint protection by routes shall be open to the two countries on equal terms and on like terms to other countries willing to join in the pro- tectfon.
 To sum up. by the Clayton Bulwer treaty the canal specified to run through Nicaragua was to be neutralized by the iotp fbav tn haar Y