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agreeing' the words any such nation.' This, it seemed to Mr. Hay, would accomplish the purpose aimed at by His Majesty's Government. "The second amendment in the same clause, providing that conditions and charges of traffic shall be just and equitable, was accepted by the President.

"Coming to Article numbered III. A, which might be called Article IV., Mr. Hay pointed out that the preamble of the draft treaty retained the declaration that the general principle of neutralization established in Article VIII. of the Clayton-Bulwer convention was not impaired. To reiterate this in still stronger language in a separate article, and to give to Article VIII. of the Clayton-Bulwer convention what seemed a wider application than it originally had, would, Mr. Hay feared, not meet with acceptance.

"If, however, it seemed indispensable to His Majesty's Government that an article providing for the contingency of a change in sovereignty should be inserted, he thought it might state that::

"It is agreed that no change of territorial sovereignty or of the international relations of the country traversed by the before-mentioned canal shall affect the general principle of neutralization or the obligation of the High Contracting Parties under the present treaty.' This would cover the point in a brief and simple way.

"In conclusion, Mr. Hay expressed his appreciation of the friendly and magnanimous spirit shown by His Majesty's Government in the treatment of this matter, and his hope that a solution would be attained which would enable the United States' Government to start at once upon the great enterprise which so vitally concerned the whole world, and especially Great Britain, as the first of commercial nations."

Marquis of Lansdowne to Mr. Lowther, Sept. 12, 1901, Parl. Pap., United
States, No. 1 (1902), 7.

"I informed the United States' chargé d'affaires to-day that His Majesty's Government had given their careful Lord Lansdowne attention to the various amendments which had been to Lord Pauncefote, suggested in the draft Interoceanic Canal Treaty, communicated by Mr. Hay to your lordship on the 25th April last, and that I was now in a position to inform him officially of our views.

Oct. 23, 1901.

"Mr. Hay had suggested that in Article III., Rule 1, we should substitute for the words 'the canal shall be free and open to the vessels of commerce and of war of all nations which shall agree to observe these Rules,' &c., the words 'the canal shall be free and open to the vessels of commerce and of war of all nations observing these Rules,' and in the same clause, as a consequential amendment, to substitute for the words any nation so agreeing' the words 'any such nation.' His Majesty's Government were prepared to accept this amendment, which seemed to us equally efficacious for the purpose which we had in view,

namely, that of insuring that Great Britain should not be placed in a less advantageous position than other powers, while they stopped short of conferring upon other nations a contractual right to the use of the canal.

"We were also prepared to accept, in lieu of Article III. A, the new Article IV. proposed by Mr. Hay, which, with the addition of the words or countries' proposed in the course of the discussions here, runs as follows:

"It is agreed that no change of territorial sovereignty or of the international relations of the country or countries traversed by the before-mentioned canal shall affect the general principle of neutralization or the obligation of the High Contracting Parties under the present treaty.'

"I admitted that there was some force in the contention of Mr. Hay, which had been strongly supported in conversation with me by Mr. Choate, that Article III. A, as drafted by His Majesty's Government, gave to Article VIII. of the Clayton-Bulwer Treaty a wider application than it originally possessed.

"In addition to these amendments, we proposed to add in the preamble, after the words 'being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans,' the words 'by whatever route may be considered expedient,' and 'such ship canal' for 'said ship canal' in the first paragraph of Article III., words which, in our opinion, seemed to us desirable for the purpose of removing any doubt which might possibly exist as to the application of the treaty to any other interoceanic canals as well as that through Nica

ragua.

“I handed to Mr. White a statement, showing the draft as it originally stood and the amendments proposed on each side."

Marquis of Lansdowne to Lord Pauncefote, Oct. 23, 1901, Parl. Pap., United
States, No. 1 (1902), 8.

Mr. Hay to Lord Pauncefote, Nov. 8, 1901.

"Upon your return to Washington, I had the honour to receive from you a copy of the instruction addressed to you on the 23rd October last by the Marquess of Lansdowne, accepting and reducing to final shape the various amendments in the draft of an Interoceanic Canal Treaty, as developed in the course of the negotiations lately conducted in London, through Mr. Choate, with yourself and Lord Lansdowne.

"The treaty, being thus brought into a form representing a complete agreement on the part of the negotiators, has been submitted to the President, who approves of the conclusions reached, and directs me to proceed to the formal signature thereof.

"I have, accordingly, the pleasure to send you a clear copy of the text of the treaty, embodying the several modifications agreed upon. Upon being advised by you that this text correctly represents your

understanding of the agreement thus happily brought about, the treaty will be engrossed for signature at such time as may be most convenient to you."

Mr. Hay, Sec. of State, to Lord Pauncefote, Brit. ambassador, Nov. 8, 1901,
Parl. Pap., United States, No. 1 (1902), 9.

The treaty was signed Nov. 18, 1901, and submitted to the Senate Dec. 4.
The following record indicates the action of the Senate:

DECEMBER 4, 1901.-Read; treaty read the first time and referred to the
Committee on Foreign Relations and, together with the message, ordered
to be printed in confidence for the use of the Senate.
DECEMBER 9, 1901.-Reported without amendment.
DECEMBER 10, 1901.-Injunction of secrecy removed.

DECEMBER 16, 1901.-Ratified; injunction of secrecy removed from proposed
amendments and votes thereon, and vote of ratification.

For the Hay-Pauncefote treaty of Feb. 5, 1900, with the Senate's amendments; and the treaty of Nov. 18, 1901, with proposed amendments and the votes thereon, see S. Doc. 85, 57 Cong. 1 sess., second corrected print, April 3, 1902.

Treaty of November 18, 1901.

"The United States of America and His Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans, by whatever route may be considered expedient, and to that end to remove any objection which may arise out of the Convention of the 19th April, 1850, commonly called the ClaytonBulwer Treaty, to the construction of such canal under the auspices of the Government of the United States, without impairing the "general principle" of neutralization established in Article VIII. of that Convention, have for that purpose appointed as their Plenipotentiaries:

"The President of the United States, John Hay, Secretary of State of the United States of America;

"And his Majesty Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, the Right Honourable Lord Pauncefote, G. C. B., G. C. M. G., His Majesty's Ambassador Extraordinary and Plenipotentiary to the United States;

"Who, having communicated to each other their full powers which were found to be in due and proper form, have agreed upon the following Articles:

"ARTICLE I. The High Contracting Parties agree that the present Treaty shall supersede the afore-mentioned Convention of the 19th April, 1850.

"ARTICLE II. It 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 Corporations,

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 canal.

"ARTICLE III. The United States adopts, as the basis of the neutralization of such ship canal, the following Rules, substantially as embodied in the Convention of Constantinople, signed the 28th October, 1888, for the free navigation of the Suez Canal, that is to say:

“1. 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.

"2. The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder.

"3. Vessels of war of a belligerent shall not revictual nor take any stores in the canal except so far as may be strictly necessary; and the transit of such vessels through the canal shall be effected with the least possible delay in accordance with the Regulations in force, and with only such intermission as may result from the necessities of the service.

"Prizes shall be in all respects subject to the same Rules as vessels of war of the belligerents.

"4. No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible dispatch.

"5. The provisions of this Article shall apply to waters adjacent to the canal, within 3 marine miles of either end. Vessels of war of a belligerent shall not remain in such waters longer than twenty-four hours at any one time, except in case of distress, and in such case, shall depart as soon as possible; but a vessel of war of one belligerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.

"6. The plant, establishments, buildings, and all works necessary to the construction, maintenance, and operation of the canal shall be deemed to be part thereof, for the purposes of this Treaty, and in time of war, as in time of peace, shall enjoy complete immunity from attack or injury by belligerents, and from acts calculated to impair their usefulness as part of the canal

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"ARTICLE IV. It is agreed that no change of territorial sovereignty or of the international relations of the country or countries traversed by the before-mentioned canal shall affect the general principle of neutralization or the obligation of the High Contracting Parties under the present Treaty.

"ARTICLE V. The present Treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and the ratifications shall be exchanged at Washington or at London at the earliest possible time within six months from the date hereof.

"In faith whereof the respective Plenipotentiaries have signed this Treaty and thereunto 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.
"PAUNCEFOTE.

[SEAL.]
[SEAL.]"

As to negotiations with Colombia, Costa Rica, and Nicaragua, with reference to the construction of the canal by the United States, see H. Doc. 611, 57 Cong. 1 sess.

See, also, “An act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," approved June 28, 1902, 32 Stat., pt. I. 481.

Message of President Roosevelt.

"No single great material work which remains to be undertaken on this continent is of such consequence to the American people as the building of a canal across the Isthmus connecting North and South America. Its importance to the Nation is by no means limited merely to its material effects upon our business prosperity; and yet with a view to these effects alone it would be to the last degree important for us immediately to begin it. While its beneficial effects would perhaps be most marked upon the Pacific Coast and the Gulf and South Atlantic States, it would also greatly benefit other sections. It is emphatically a work which it is for the interest of the entire country to begin and complete as soon as possible; it is one of those great works which only a great nation can undertake with prospects of success, and which when done are not only permanent assets in the nation's material interests, but standing monuments to its constructive ability.

"I am glad to be able to announce to you that our negotiations on this subject with Great Britain, conducted on both sides in a spirit of friendliness and mutual good will and respect, have resulted in my being able to lay before the Senate a treaty which if ratified will enable us to begin preparations for an Isthmian canal at any time, and which guarantees to this Nation every right that it has ever asked in connection with the canal. In this treaty, the old Clayton-Bulwer treaty, so long recognized as inadequate to supply the base for the construction and maintenance of a necessarily American ship canal,

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