JX 139"7 M784i MOORE A A 0 : 0 i 1 i 1 I 7 i 7 I 1 i 1 i 7 I INTEROCEANIC CANAL ANDTHEHAY-PAUNCEFOlt TREATY THE LIBRARY OF UNIVERSITY OF CALIFORNIA THE LOS ANGELES The Canal Interoeeanie and the Hay-Pauneefote Treaty Professor formerly and of International Assistant Counsel to the REPRINTED MOORE BASSETT JOHN Secretary United and Law of State Peace States FROM THE March of the WASHINGTON 900 United Commission NEW 4, I Diplomacy, igoo YORK Columbia States at Paris TIMES University, and Secretary INTEROCEANIC THE CANAL AND THE HAY-PAUNCEFOTE formerly and of International Assistant Counsel to the KKPRINTKl) MOORE BASSETT JOHN Professor TREATY and Law of Secretary United State States FROM of NEW THE A 4, 1 N S H I the (JOO United Commission Peace March W Diplomacy, YORK igoo Ci r c ) N University, Columbia States at Paris TIMES and Secretary Canal Interoceanic The Hav-Pauncefote That Mr. by the treaty Hay and in only hard nor relates to nations subject a maritime has "the called '"^ents while that, by it to its in It long it it has reprein construction, by water and "the plant, works" sary neces- operation," and in either attack or itself, way for "all and United the a war peace. is not a and criticised, the to nor purpose my in treaty proper advance that canal injury from immunity" "complete In though the maintenance, "construction, of diplomacy, contemplated buildings," and all that Thirdly, to neutralization, comprehensive a establishments, or the for secures which distinct American the place, immediate. cherished obstacles of operation and States, all removes in which, ages." of lar singu- while a work a the achievement it ownership, of dream notable a mark in but first the and persistently so in direct of attention neither concern, to tic Atlan- Britain, interest, is seems been Great some tate facili- the connect treaty, have 1900, "to general world-wide accomplishment postponed, "^been it to 5, view a circumstance a The to place, the toward and generally powers second the States is of said be may attracted explain. to canal has well, as February with ship a United countries other ' of the Washington at oceans," Pacific and Treatv. Pauncefote, Lord construction the not signed the and spirit it of has to ably to lack defended, developed have a desire partisanship. been discussions ascribe my information of 3 It the discuss has severely been and ing pend- in which errors rather stances in- some it than is to an intention men be can I issue. but brought national our ourselves devote policy, obstacles well as of the as physical sheer I do to the I not which in PRINCIPLE THE order of pending the significance the " "neutrality its in and ant It Such ordinary neutral or signifies with pointedly the duty as referring to both. It of of term refers to its in of of far so signifies least the as which the other. used canal, the thing duct con- acts and, powers, defines that conflict. When interoceanic former, hostilities with term. or the to at derstand un- noncombat- a from contest neutral to ity," "neutralof state a parties the an as outset term abstention to the the duty the sense well hensions appre- stipulations the The the also reference belligerent the and but subjective the is safety. extreme "neutralization" belligerent either our impartiality, concerned, aid the dence confi- just of toward only not and employed. power there Besides, at sense, and treaties that in will, is necessary attitude the denotes is may therein as States solemn import the it treaty, that NEUTRALIZATION. OF comprehend to now practically is between for means believe who states. power expressed sometimes In our same United the incongruity feel we dation, accommo- States independent certain a those of lomatic dip- countries in disregard power, " existing the by United that opposite mutual and of the the and the of rights one assume of of acquisition am of rights be to negotiation discard removal the to tial essen- so "accomplishment the by of the seems refer power wantonness violate I of sive exclu- neutralization its accomplishment speak While unlimited, from I is war at reality, the should we jurisdictional necessary independent. the the when opposite that accrue to And policy. the would that advantages of purposes safety in is, whether is all questions the there that and that assume of view one for canal the I do although issue, at of control to take to "questions," say question one Nor misrepresent. to attitude is jectively ob- it braces em- while and "neutral- that ized;" it that it is is not employed Two of of that second, is of that disinclined are It is would its upon that might power of amount by criterion a of state of without exist war whether exists war the upon men-of-war the exclude of exercise arbitrary it and unjust and, might The plan, distinction without approved complete assure was for as as made the the the free basal keeping as to the "neutrality" basis of the of navigation principle of the state a may depend well as as attempt to involve large in the of measure its its to as operation, of provocative ousies, jeal- quarrels. the canal has that one and convention the of question would and versal uni- the parties a imbursement re- no may but uncertain vessels, only is indefinite thus effects, of there the of dangerous and securing conditions be belligerent only the of great a of moment and its in injurious second Not of nonexistence or belligerents to prove suspicions, Finally, being of gether alto- of of existence discretion wide a power, grounds, of behest construction possibility such Under acts. dependent the exclusion intention the inconveniences particular a unexpressed their upon at basis. opened, and the rious va- nations other at declaration, prior a and was to determined. be can the for interoceanic expenditure tolls. which by war the the of and any closed and, ination. discrim- an on as general means of involve to diminish would be to require the without canal Moreover, money, men-of-war habituated prove would work a so it insupportable. such the allow to belligerents; accessible, once become soon use one any when that, all subject the first, proposed: prevailed, not always approach to foreseen world highway tively distinc- nor been conception primary a attack, passage has plan The of war their permitting reasons. canal of therefore and hostilities. have ships former The of means the excluding of object neutralization of plans that the as "neutral;" as the made be to treated be to Suez pending at open therefore can be of been October Canal, treaty. and erally gen- relied As immunity. times, all on such 29, is to it 1888, adopted of Equality rather perhaps need would canal, form and in civilization endeavored to the jurisprudence, held of rivers "the following * * Flumina this Empire, The in the The to waters contribute oceanic great and within their the entered the of freedom between terms statesmen to who the the highway common to all. are of this but also course inter- and warfare of exclusion and, which are in nations as conceived there so navigation overthrown. was of and nations, once it served. ob- sovereign peaceful result; Atlantic Perhaps at the system it be quests con- dominions, family seas, Roman to particular and fare war- contributed conditions intolerable, of the causes, The " sunt. Mussulman Commerce synonymous. became of the own mare. publica monopolize unknown. \\\ jure et ceased other these powerfully canal equal control Under States United of on to * natural! fall which under system almost monopoly with * centuries gradually and to common fluens the the piracy together west, practically and of practice seas. open was were principle great a of only followed tutes Insti- sea. portus In 1-2.) sees. are aqua et was the say quidem aer, omnia that assumed princes of the introduce not II, I, confusion and haeo: autem Lib. Institutes, to omnium sunt ("Et public." are waters * the of and of things gation. navi- of government law," and have freedom possible natural water, modern nations navigation Justinian, communia * the "By ports other of which of all. and another some product by masters Romans, air, flowing in a means to The all: free be to is largest great of POLICY. the the secure those By of one policy, impracticable. be neutralization is and or Little building retaliation to feature, a discriminative a HISTORIC of principle as neutralization. immediate end OUR The of provoke the treated since the to merely prove been subject, lead not also condition, a this on if it did even as said be has tolls the of the no Pacific prominently as be other cate advointer- an should time open ican Amer- identified a with the from Ouincy referring of all the work should from to of the globe States of Central as isthmus State, purposes that of nects con- Atlantic it the ought be just a of passage not should of be to clusively ex- extended to compensation or May, directed President New Granada, exclusive grant provided should be citizens of him." Mr. years and to that the United Biddies later, the of States 1839, the that the tolls may engage as he were canal of strength make to an wlio was instead went Government States, stock an by might and associali- wholly question which under created Biddle Charles proceedings in securing navigating Biddle, United of property who Nicaragua, two-thirds "the across reasonable Biddle from of of the Mr. obtained citizens of and such the canal ship a on Charles Lake to effectually individuals between capitalists routes. first proceed the work. Mr. transit such right of Jackson, appointed of of payment the of them, quested re- with governments purpose equal the complete the America, and compensate and 1835, to the on respectfully communication South free body negotiations the with a and the nations, undertaking for be with construction North to opening open the by stipulations, established be States stipulations to that resolution: particularly Granada, treaty such of the by up 1835, 3, United the and New connects all to of taken was following expediency oceans resolution, Four of March on undertake may such by and the and investigation it of and admit but subject nations, other which canal was the for Pacific benefits payment the the Pacific and forever, it upon suitable by companies Atlantic to the President America protecting, this the consider governments In seas under isthmus to as nation, one Senate, That to such so the any adopted Resolved, in the the executed ocean, later, years unanimously may canal or unite and, the Secretary as cut of tolls. United as be appropriated Nine such "a to ever to parts the of Clay, continents freedom Clay; through ocean reasonable or the these said: vessels sea Mr. subject of Henry former, Americas, two oceans," If freedom and somewhere navigation the of the the to the and Adams of Presidency of domination European John as doctrines two such with disavowed. was brought 8 before House the merchants by of the To the of purpose ship canal all by the the and Atlantic across December with New 12, Granada Government 1846, the of modes cation communi- a construction the securing forever, of suitable by navigating right of canal such United New to perfect view may not while that be the of free and of the said canal. those who guaranty the On the ernment Govother and ciously, effica- same other sea time United the the manner, rights Granada New the with future any consequence, sometimes by view a Such a suggest of to has of and territory." have with in which assumption guaranty future the after here- may the to one embarrassed in any Isthmus, the of stipulation, present from and, in stipulations the or property the "' before-mentioned transit to right that positive!}' the this upon free States. United the or and open of Panama exist, now by that of guarantee, the guarantee, over example plague States exists; treaty sovereignty These the interrupted also possesses of XXXV a guarantees States be Granada, neutrality this States shall citizens "the the that Colombia) Granada Isthmus the constructed, and New United the of Article By concluded States Republic force. of across United the communication be hand, (now of transit or with equal Government "the treaty, any and is still in which treaty way free the for agents, or effecting by oceans of and the Panama, of ministers of those nations. On the Pacific negotiations with Isthmus the practicability Isthmus, the that " particularly accredited have adopted, continuing or and comprehends States ascertaining stipulations, treaty which United the between a of the was then President opening other-nations, and of closely following the of jurisdiction which to of memorial a House resolution a expediency the The requesting governments territorial and and on Philadelphia, report. vote, Senate, the and exhaustive an consider with Representatives York unanimous a of New of subject of the to "perfect Not only can only is neutrality" it as of exclusive construction it. States United the cited been at and an an clusive ex- control of return to variance the ex- with declaration press it but contradicted is stipulations the into entering In article of of that the treaty, object, all to If Britain is deprive might first being of nations of great guaranty depend It of world the stake two doubted ; of curing se- means shall are be tral neu- that important so be not can which the but passage, oceans revolutions and be Isthmus the either That well important at the between wars this that powers passage the suffered arise may among April by Atlantic Juan which canal ship Pacific and de first, related, treaty As America." that maintain which for to the any "to by " the exclusive other any canal would control South and it " ol)tain "ever over ticable prac- railway, or Canal Nicaragua the of lakes the North connects Government neither itself first of San River the both second, the between of way or whether isthmus the the either and, communications, across by and Managua," or constructed be may tion communica- of means any oceans Nicaragua, Nicaragua "to ratified. and concluded was signed Treaty, Clayton-Bulwer 1850, 19, ain, Brit- Great and States United the called precedents unvarying these the between treaty Washington The with conformity in was commonly at advantages interests the upon any of of arrangement effectual other ceptance ac- nations. different that to be its benefits an not can rejected, by France. or offer the embrace commercial this of security Great appear the The territory. to not all to the would does there because of Great by and such Britain nada Gra- which glory the " New Republic influence concluding in either Governments these confer doubted of tendered thus mus. Isth- the be not that to just the and them, nations the among of States to secure Government the upon United the given be to nations, Government the is referred, over can their in American the it proposition the Should of nor mate ulti- The States passage guaranty, will guaranties of right by view. already have thirty-fifth Granada United the chief this to I the as expected confidently France. of equal and party a similar and may we free or Senate which to States, become that " the United the it indeed, 1835] New exclusive narrow the by 3, March nations first should presented any : the by of Polk, said proposed Government the has States as [of resolution guaranties neither Senate, of object President by the to treaty mutual the United the secure the nied, accompa- The record. forth set is guaranty the by clearly was submitting in who, that which said ulated stipor ship lO canal," "ever or the of Governments The particular of way the 1856 it Treaty, of creation with "It is "to State, States. all that said "the of use and times as "invite nations foreign of neutrality the aforesaid, be may established territor}' the Mr. "what Cass, the before while United join said in of or of the all should of guaranty municipal use or within Isthmus the across agree at parties road other common aforesaid unobstructed the any stipulated stipulations, mutual the route the to open is article an was country country, and Railroad, Panama said it contracting the to the of district that and neutral," be of United the Panama the shall, by treaty the sort article shall route or treat this By route. Secretary to this mus, Isth- the transit then of use common which nations all regard to the road of the propose advantages objections all Pierce on the Marcy, exclusive nations." foreign Mr. said to of security Clayton- the district neutral the any remove Granada on Acting President of New to to securing proposed to Administration and violence. of grave which menaced, and 1846 the secure To of treaty of Railway, mob by the designed," not established be to scene Panama seriously was interrupted view a to practicable, prove the was the by independent, an same the across especially and proposed now Panama commissioners two sent the are transit was of spirit Bulwer of completed, occasion the which Isthmus been America, South and railway, or other any Panama. or The canal by to a hereby they stipulations, treaty should railway, Tehuantepec then by having accomplish to principle, general a whether North or disturbances. in the to Britain, (ireai convention, this establish communications, by canal whether one manding com- As thereof." and States into to connects interoceanic had fortifications any vicinity United communications, which isthmus In the protection, their extend practicable by in the also but object, to agree maintain entering in desired, only the or same, or it declared: second, not erect route the ernments govof the which limits of designated." Secretary States wants of State in in Central 185S, that declared America next to 1 1 the of happiness of the its interoceanic In June, invoked the of chief Isthmus with At view Ministers of article confer the with in or transit and the either or Mr. of that of aid its "has other in " objects. "This interest no maritime in the of its the to tively respec- United the States, of safety the Confederation, is declared different willing for and treaty, under were matter It a Paris Government," powers. execution they Granadian the with and the cupied oc- directed 1846, by tection pro- was neutrality" guaranteeing of authority Seward, London action to "in Mr. which to regard States of at the revolutionary United treaty States jointly, these Seward, the for the "perfect Governments accredited alone of United the either of pledge Washington States and war, it." in against the neutrality through United time civil the thirty-fifth the Panama that own redeem to the its lead and Minister of of Mosquera. security Colombian the interposition the the which routes 1862, is people from interpose to benefit the of all nations." While Mr. United Seward States concluded The Granada. known June 1867, 21, June Nicaragua Republic Pacific on be by enjoyed of Republic sovereignty such routes the right of communication, or water," Nicaragua, however, "agree of same." to communication neutralitv and as innocent the next of the zens citi- the lantic At- of the ficial, arti- or terms same aforesaid, use their to citizens, its "the same. of rights the article, and it as protection their extend XI\'. Article territory reserving By gua Mana- at and its and both by natural the on monly com- signed was between the of the By transit Nicaragua over force. through is approved States by States United land in with 1846 exchanged United oceans route any whether should the property and duly the ing contain- which Treaty, were is still the "to grants and It 1868. 20, been having of treaty Nicaragua, ratifications the the State, treaty a Dickinson-Ayon and, Governments, with treaty the as of those to of Secretary Nicaragua with similar stipulations New still was to to all antee guar- Thev 12 also tliem induce It to is evident proposing to implied the essential fit to those give away the closing As 1877, draft treaty The of those all well " for thereof all respect every of "the have December of and signed States United and with the with Gen. engaged view that territory for (except of vessels latter." of tolls the for canal "to protect While contracting the vessels spective re- vessels to were powers canal." then Secretary of ragua, Nica- by which the its at the cost, own alliance" "perpetual a end terms "the and ex-President a the equal on as their fly to convention into agreed the "equal" build to entered and Nicaragua a "the the at such the was constructed, other;" of coming be- have to board, " the to power waters Zavala, Washington at views certain war," Frelinghuysen, Joaquin posed pro- guaranties" when through Mr. 1884, i, State, transit of right was "cooperation" entitled vessels national 28, maritime every and on each it to the neutral cargoes between as other and war the with February principal or vessels tary Secre- then satisfactory canal the of classes flags, in of tion. neutraliza- which treaty, peace the through benefit "the draft in whether of owing stipulations its to party Fish, obtain to the By transit as seen adjustment Mr. neither calculated nor times, of right not tion Administra- perfect the failed were powers. a "at have of "to of accession which States United read not final ministers, prepared, negotiations Nicaragua, of States was the the lines circular a United to obtain powers." of with powers, have Grant's toward the on by appears to other else or the of itself, and President taken was question State, a treaty with Hay control either Treaty, that Mr. Nicaragua Britain to protection." exclusive by us of year step canal of of nations and charged of Great of other them. another of granted stipulations the have right a with neutrality who Dickinson-Ayon quote In that concurrence the under such guarantee Canal, Nicaragua influence their employ to agree integrity convention of "all parties engaged of vided pronations" in the H IDEA THE The idea control ownership of sense of facetiousness l^osition which could he Presidential with he opposition those a took this of both kill other all to of to ator Sen- with assumption the opportunity an later State, of b}^ it, meant concession political them off all Mr. to their obligations New the of in Granada under was said B. French do Wyse, define Canal of representative which also affected States under exclusive only not com- concession, This were the ernment Gov- Association, which as what Colombian the as Evarts, not the by thirty granting Company. United Mr. the clauses but nature, that of Canal N. contained however, by occasion Interoceanic the and terms Panama Lucien called mionly It the on International the in forward put was Hayes but the for control President by Secretary was American of idea years the and rights the with treaty 1846. circumstances these President that Hayes : It is the such right and supervision a isthmus that our national interests. compatible advantage Mr. to treaty the "perfect put of of, and this neutrality" President should forward by idea has as of Hayes be the nor fortified. Mr. canal sure, widest as found be and will most across protect only not permanent civilization. which, 1846, the will maintain and assert America South quite am to interoceanic any and promotive but elaborated the canal This, I States over North commerce Evarts Neither authoritj^ connects with, United the of duly and the the that by one in tion opposi- suggested, real, including obtain thus and The in himself put time -only of that stroke. one of the was aspirants, parties, at it in the in not originated than apparent because have the at was more but to seems It States, management, or Douglas. United the by neutralization, to CONTROL. AMERICAN OF Blaine, with special been seen, Isthmus Mr. of Evarts Such a in his reference stipulates to for Panama. that proposed proposal instructions ever, how- was, to Mr. 15 Lowell November of of British that the should also States United while war, other should of preservation States. United " term the of has with maintenance mere to When, them. of Cracow "No breath: armaments of By Britain, "as a Ionian Isles in Isle the thus are Corfu of no longer any treaties of March 30, 13, 187 1, Danube the the treaty (Article LII) on of the object, 1856, effected having and in and having that course the of the fortifications its immediate shall the fortresses river the tralization neu- city the a federal France, Great as ber NovemGreece and that declares the which constructed dependencies, The demolished." be of aid in July and from Lower the of 1S78, 13, March and 1865, 2, neutralization of nance mainte- that neutrality the any treaty the to treaty constructed Berlin "all the same the London at November the works of of the In united were of enjoy, to of treated signed III consequence necessary be vision proTown upon XI Austria, Isles in stipulated was of use Free forbidden. was Russia, Article the or even Vienna, neutralized," between Ionian the 1863, Article longer no and neutralized. were it treaty a Prussia, 14, it ifest man- a tions, fortifica- introduced be by was Luxemburg should was shall upon Luxemburg fortress. declared " Sea of treaty it When, Black the of forces of warlike or the apply and "neutrality territory," armed the Paris, of of its of the by neutrality forces armed offensive IX the whatever." pretense of for and the Article by made was of canal incompatible deemed been of for to of idea of proposal guilty be to time vessels that is the that in a the of States, war as The of nothing say itself the proposed be to the to plan a usually United obvious terms. neutralization the described seems such to only " "neutrality" it " contradiction the he desired not for canal tions" "modifica- he object "impartialh^ But neutrality by his the This belligerents. the fortified use it closing He declared the which Treaty be frankly of one as concede. to canal he but Clayton-Bulwer Government the 1881, 19, its provided fortifications the Iron gation, navi- Gates isting ex- to i6 its " mouth The should I 88 declare I, their this them fortified is with the war, to some of Mr. of protectorate " it waters the statements in of to ideas he lay and give their and themselves right neither of war the to or " under the republic whose used all by and tions na- had commerce safely earth, a to under for entitles that to are the act in Republic relieved. the simply to canal of for in contained powers any this be provision a trality neu- assembling involve it unwise, the guarantee pretext blockade commit and unnecessary possibly from which latter's the that contemplate to different under navies position its natural seem the to spondence corre- added: it of the 1882 renew "quietly nations shores, form a treaty, any to our which These exercise of the fact the to considers the or to from pledge to Isthmus, conflicts pending it, is "freely be Canal therefore, contiguous neutrality could protectorate," invitation an from canal a and States Suez not that stated adverting the President, of in after did Blaine, cross" international through power purposes in continuing United the through The Mr. but may and, moved no in by proposals, ; that language. begun territorj' only for confusion a trality," "neu- not by powers of may its canal a it using hostile preserving preserve to idea whatever fortified while charge Frelinghuysen, specific to the the or of But, order or of Indeed, law. sure in- stipulaticjns same purpose belligerent the to the but To erected. be offensive no and fortifications no shall the "neutral" design, nations. neutralization if power, other that treaty. public term one open misuse July forever, all therewith even place a the avowed ourselves agreed Hay in of flags the for in novel exclude is for the as apply by of treaty neutralized substantially fortifying to a 1888' intended, be of erected." ones their by the interfere might of "neutrality," said new are to it fortifications, erecting no Magellan freedom, fortifications of Chile, of contains Canal against be and convention Suez and guaranteed which defenses The use is neutrality military of Straits navigation free and : The V. Ariiclk razed Republic Argentine 23, " be nor to hostility 17 within "a it. Such pretext for could pledge a in assembling afford hardly their navies contiguous waters to our shores." In the took We were of State place nor distant singular a that added simple as their utility;" naval weakness, possessions a he and great he assumed might defenses. Kven " Frelinghuysen, stress ritorial "ter- be beyond day To- permanent. hold we development, and shall and of policy our upon to increasing are we it and defenses, great navy responsibilities coast of capable singular neither any; Mr. said laid our had coast no Department our We involve which which navy ' would improving are had change. vast altogether wanted nor we people a ence correspond- a by policy. stations coaling acquisitions we as this undergone presented nations possessions, been has engagingly upon since elapsed situation foreign to bent have our then and have that years distant have we continue to increase. POLICY THE OF NEUTRALIZATION MONROE While neutralization the policy, assertion has reference to in the difficult the been the going too far zuelan tion divide Mr. of that America, region the as of of it the Secretary July principle 20, of Without in in State, 1895, of some place may their by as numbered we be not doctrine. that found men states- would sustained Monroe with our well as are this the on his this structions in- \'cne- said: doctrine] Monroe South who, Bayard boundary, [the of and emphasis, many there with neutrality view have Treaty, Olney, to That it is believed back, of utterances who those champions Mr. category It their historic our incompatible especial different a Clayton-Bulwer foremost THE doctrine; guaranty Treaty. by prove it is with particular been Monroe repeated, entertained to that the " for, among the of made policy Clayton-Bulwer have acts; is have to appears assertion historic another AND DOCTRINE. between and the was to them controlling it the are factor independent largely indebted in ihc cniancipawhich states for their now very i8 existence. Since credited rule the to termination the interoceanic part The the occupying thus should, considered, of would the of with connected completion, seizure, its These neutrality. the a of violation objection, the comparison treaty, which but permits of engagement protect the will contains the canal: well joint of United no stipulation States neutralization, alone, to as and curity, se- in in this sense This ill-founded, a by is, as a Hay the joint guaranty, subject construct, the tion jurisdic- doctrine. for " criticised whose removed demonstrate, after "guarantee intervention Monroe or fiscation, con- and, protection constituting the and persons been within as ess proc- interruption, to as joint well-founded whether simple spirit and in detention, from it hibiting in- owning was all by as or canal have governments riiight lie, canal as of extent American of affairs the to even stipulations whatsoever," for tical prac- construed, unjust stipulations alliance virtual a the protect confiscation," that with constructing "from "to fillment ful- a control," "protect" to as probable certain "exclusive violence any jointly unjust or creating or it is Treaty while them, jointly but supersedes. from bound seizure, its and against tion, interven- accepted for been Government it be Clayton-Bulwer construction, property to nullifies it and of agreement an infringement, an not provision but canal, as it the either the any which in excluding measure a continued treaty was its of reason any over is that that doctrine; had Hay only as not have unanimity Not dominion any the excluded expressly Olney namely, Monroe the Mr. by conceived, neutralization which upon it for to neutralized both and exercising expressed- was idea which America or indebted also are French the by be to America. treaty this we Treaty, Central across from idea be But war. Clayton-Bulwer canal Central of civil Mexico of evacuation achievement single striking most the the the Britain Great is of of provisions the then only manage, to the and 19 CLAYTON-BULWER TREATY. Article the I. United one the exclusive ship * canal; will the over * * said of neither maintain or any any commanding the to same, III. making * of * the Britain * from V. that provisions said the have and enjoy Art. be the seizure * be unjust shall the canal The shall however, maintain to to necessary canal protect and as it be tary mili- such the along lawlessness canal. adjacent. States, liberty tion regula- the fortifications waters police from the commanding the pleted com- or No erected at for struction, con- exclusive the as managementof II. United ties par- it well providing and any been of such to may against disorder. * ; it CLAYTON-BULWER is been should made, it is had said, it is facts in ascertain hard relate neutralization " that treaty to which that nor, it feature Hay the are the treaty own neither rise, soon the " has thus record. difficult singularly it in but, question our gave of Treaty, exist, to examine to which to should recognition no ceased understand; to controversies ratified, the l"ind any Concerning candidly to of Clayton-Bulwer merely existed. regard nor the to not duty our treaty no particularly given legally never the and been TREATY. that suggested have which, for or protect THE was right tion, deten- when have * confiscation raised, to shares, or the incident as and contracting will interruption, have porations cor- subscription stock shall loan or or convention, rights the or shall they did all ernments Gov- States unjust engage canal The by the seizure, The further But of present shall whatsoever. Art. fact, * United confiscation, violence said canal, * property protected Great said the * their be through Government i em- persons directly ' in ployed and The the of gift by subject that, of either or purchase or and the under individuals to money or etc. Ar'I". cost, own that Government the States, will cations fortifi- agreed constructed of United its It is be auspices the at TREATY. I. may the ever itself for canal ain Britneither other control erect ever that maintain or Article of Great and declare nor obtain Governments States hereby the The HAY to enough, after it of principle criticised been sanctioning. As States Bulwer has been and Great Treaty, shown, the Britain, declared of Governments in that Article neither I of the the tlie one United Claytonnor the 20 Other would obtain "ever control" de Juan Nicaragua, Nicaragua neither Ever erect or Coast, either of has or erecting or of part any State for or Central purpose citizens commerce the on When Honduras, half be to over which a dependency; the Mosquito the preceding to Mr. Cla)'ton In * proceeding * * the does Majesty's Her the to The of was language April last neither Her at of the of between understood Honduras, that to or convention said treaty the 29th of convention the Plenipotentiary, that Her convention its is Majesty to apply Her dependencies. the under exchanged to mentioned. above on of the : declare to islands On Majesty's instructions for communicated Bulwer Britannic British or of 1850. ratifications engagements settlement Clayton of exchange the explicit declaration Mr. the be not protectorate a memorandum following to held certain ratifications Henry regard possession exercised 4, the other. the Belize, actual July Sir Majesty's ratification Majesty's The pass, for Britain claimed also Washington month Her she and her any may shall of use or with in which at she Coast. understand not which undersigned. received has of at of in been dominion canal Great settlement Coast, indirectly, or subjects or occupying, possess, canal made, was the and citizens the to said the purpose intimacy, said any which Mosquito advantages or the of or may directly rights any through had exchanged were one called century, a the agreement then was holding, or terms same this what acquiring of use for any the territory Mosquito exercising of either that assume, alliance the or advantage whose through navigation or offered take or the any Rica, or same, make people assuming influence or of of or * * or or Costa Nicaragua, * Rica, * fortifications, such America, subjects or State any any connection, of of agreed colonize, or Costa afford, may with do to Government the San lakes the nor or nor alliance, any have same; the further they * America; affords * the over of clusive ex- any River commanding 'Nicaragua, over colonizing or end fortify, or occupy, maintaining or fortifying, or either may this the both or itself of way ftirtificatioii Central of which protection To dominion part any either any thereof, any or by for " maintain vicinity the exercise canal and would or maintain Managua. or that in the over or the 4th of Article I of the the by United them July replied: convention States nor by and either concluded Britain Great of on us the * 19th * (the negotiators) * 22 States, by proclamati(ni, a claimed she Crown as of the over the Mosquito This and assumed, fail, if she or of to of in his of Secretary the bore entirely two a satisfactory essarily nec- believed called part no aries bound- the State, to the secure The stated was result President by Mr. message, of the which aspect, arrangements to was Cass still ing be- follows: as this States thus and various on United the of Secretary as communication. annual fourth Congress treaty treaty negotiations Governments, I informed "completed the interoceanic threatening Marcy of object constructions discordant The that must country is within limits, proper of because treaty, has therein It is of tract this by * position, declaring of execution the Buchanan a * by as Britain has she subjects * it. far so misconstruction these over Mr. same great long-continued the its succeeded the neutralization of right a on to ousted not to the that effect is restricted maintained occasions parties qualified she arise may the a who Cass, State, that by ing subsist- a America. Central Mr. has when tract, of December If Great obligations the them evade to between which from Belize, that of Treaty) it. upon fulfill to part attempts Britain Great her on place take the tary Secre- Borland, stipulations its obligations discussions the instrument, that tectorate pro- ently consist- Mr. to America, observe to impose they shall or its Marcy, (the Clayton-Bulwer it bound feels construction failed, instruction it that controversies the Mr. by of violation a position in States Central British the claimed The the by continue treaty, Coast. to considers Government contract, fair as a said: 1853, 30, of act also the an Minister States this expressed in who, State, United well was claimed also protested United the by ensued of of terms into Honduras, Government the maintained which States which Islands, Bay were ain, Brit- Great however. British of against British The under might, the and United the treaty. erected islands The Honduras, Government 1852, dependency a colony. State July, In other. the on at different resulted have In Government. that the with and'Buhver Clayton British the periods in my last the of sion discus- settlement annual had Government Republics of final a tween be- Treaty Honduras sage mes- not then and 23 in Nicaragua It work will since long on August, the by relinquishing i860, Bay the former, Islands with Mosquito the as good with Nicaragua the on Besides, of part a has treaty a protectorate. recognized are this expectation concluded 1859, and ernments. Gov- two that confident Majesty November, the expected This Britannic Her 28th the between confidently accomplished." be fulfilled. been understanding the is, nevertheless, ere Honduras 2Sth of pursuance Republic the Honduras. of Since occasions various as State, in The obligation provides for neutrality hitherto powers, because in United Mr. Britain the those policy Bulwer have the rid itself of be "voidable," and not it solely Nevertheless, Honduras and upon he was he the a part of the based criticised continuing ence correspondto tion supposithe declaring of a it thai opinion upon esis hypoth- fact. He Honduras. British question Central ter mat- Clayton- This of to a supposed assumption as as its void. expressed the Indeed, the the up Instead discuss not of of and opinion Great of sometimes question the ever faith ernment Gov- that severely took it, is positive any did the tion repeti- British should been who null be this upon even good force." full States has merely he or its the hope obligations erroneous. void, other into force, of to "modifications" in the left to treaty entered the acknowledgment Blaine subject doubt earnest United Blaine broad altogether to treaty the Frelinghuysen, the held is based that Mr. a with "remain to Mr. has in being imply certain it Government subject. hold Mr. where was of this validity. might the completion, a which that guaranteeing already still that expressed Treaty, making Having and "concede" rest of Nicaraguan the on prospect no in This of correspondence his 1881, who of the on in would treaty, proposition Nicaragua States in for with Blaine, a Britain, Great the join to subsisting. canal. the Treaty including Treaty, still been of treaty a the by has on Secretary as to powers making from there with stipulation are has said: other to canal), commencement, a Fish, Clayton-Bulwer the States Clayton-Bulwer Mr. 16, 1877, invitation (of the United communicated of an abstained of convention. February Minister, the the to memorandum a of referred subsisting a of Government the i860 ish Brit- whether America, nor did 24 he with the " instructions which the Panama the to if of out would of The complicated. Spain and XIII) that the former its and May 1850, 10, the territory April amply are Great navigation, II, 1859, guaranteed. Britain similar on notice between the given Italy and of and the treaty of Nicaragua conformity Nicaragua the it but with of Spanish as latter of of the canal between commerce 11, expired June March merce, com- Nicaragua, use terms. "the country. amity, and flag through February its fiscation," con- Rica Costa terms free of or canal treaty and neutrality The the antee guartransit embargo and the to the France between transit the keep same of (Article hand, any the between other to upon citizens" stipulations; in XIII) more granted Spain on XXVII-XXXIII Articles and of Rica and merchandise, vessels, By Costa be to on all against transit" "free of "to (Article grants situation are the on between treaty merchandise and it The provides as order "protect the and of in "neutrality," free" thereby shall, and bia Colom- "enjoy shall notice, friendship 1850, 25, exemptions and nation," favored July power advantages same most of Nicaragua with whether appears and spect re- verted, ad- on basis. peace In heretofore seen Canal of treaty be by act treaty terminable other Nicaragua the ferred re- only our have is any of pledged. also we to the is is "there which on copy Government, not canal it remains way, is which to treaty, negotiate respect the 1846, this the the Canal, of Granada and in of a SITUATION. Treaty neutralization the his engagement. TREATY Clayton-Bulwer in seen 1895, 20, of pleasure been British subsisting a GENERAL the were as July the to has as of Bayard treaty THE New Olney, communicated to which Mr. to was But Mr. States." the at tinues con- Honduras, British voidable course, and violated holding by treaty is, of treaty United the the has self him- contented he contrary, Britain Great If " violate" the On was. saying, to then it that assert i860, 11, The 6, 1868, tained con- 1888, treaty provides 25 most-favored-nation for well as is with of stipulations which of already been SUMMARY Our That 1. the is the policy amply there least, not the 1867, precise quoted. shown: have of engagement tion," "naviga- RESULTS. to seem treaty, Hay the OF investigations but Nicaragua have of respect Last, commerce. treaty own our of as in treatment embodied neutralization, supported by in and precedent by principle. That 2. of policy Clayton-Bulwer the this That has acted be to at if by has and the from States fact in quired re- attacks. continually the United and all against and never structing con- permitted it for stipulating repeatedly of neutralization Treaty Clayton-Bulwer would situation the historic as sisting sub- a declared been end. an That, 5. been upon engagement, in but protect to treaty and to the Government canal, Governments both referred the owning and is canal Treaty, either excluded neutralization, 4. neutralized a States. United the That 3. of be not the is canal abrogated, were radically altered, guaranteed by since the various other treaties. That 6. the Hay neutralization, of own, and manage for joint States liberty the Admiral it is two to be, and great concedes construct, all the to protection tions stipulaUnited lessness law- against I well with for have all practical attempted not expressed which in the the argument sively exclu- purposes enter. to reported statement One of Dewey: Fortifications? is is neutralization of with away afford to question, military concerned, view and to policy disorder. and against does canal, intervention, the alone Into the the to States United the permits adhering while treaty, of Why, should oceans. be, To a course neutralized As not. I commercial fortify it would simply it, the understand pathway result in between making canal the it a 26 in ground battle and well ought of guaranty as In in be may which a in that retort the of as war, of great one of of of mankind," should of however, be readily sage pas- that, effect that, the canal, in as B. Moore. a the of to of decisive. J. such respect Declaration to admit freedom "decent the to such order, that prove in and another which able, attain- if advantage; is and ceived con- unobstructed an an the be view, may chance, navigation, speaks, This of hero the would, circumstances, preservation of control assurance considerations and of circumstances as is question and opinions time pensive, ex- sufficient a may advantage. great conceivable predicament, commerce in canal be circumstances military constitute from security will opinion that urged which would the the weighty exclusive the conceived that of safety this to suggest argue and fleets Our enormously be peace. constitute may would erected. be to neutrality the it in Fortifications war. not opposition Manila, the of case dependence In- UNIVERSITY OF CALIFORNIA I-os I his PSD 2343 9/77 book is DDL on LIItRAKV Angeles tht last dale stamped IkIow