of the convention, under which the high contracting parties engaged, immediately upon the convention being ratified, to bring it to the notice of other powers and to invite their adherence. If that adherence were given, the neutrality of the canal would be secured by the whole of the adhering powers. Without that adherence it would depend only upon the guaranty of the two contracting powers. The amendment, however, not only removes all prospect of the wider guaranty, but places this country in a position of marked disadvantage, compared with other powers which would not be subject to the self-denying ordinance which Great Britain is desired to accept. It would follow, were His Majesty's Government to agree to such an arrangement, that while the United States would have a treaty right to interfere with the canal in time of war, or apprehended war, and while other powers could with a clear conscience disregard any of the restrictions imposed by the convention, Great Britain alone, in spite of her enormous possessions on the American continent, in spite of the extent of her Australasian colonies and her interests in the East, would be absolutely precluded from resorting to any such action, or from taking measures to secure her interests in and near the canal. I request that your excellency will explain to the Secretary of State the reasons, as set forth in this dispatch, why His Majesty's Government feel unable to accept the convention in the shape presented to them by the American ambassador, and why they prefer, as matters stand at present, to retain unmodified the provisions of the ClaytonBulwer treaty. His Majesty's Government have, thoughout these negotiations, given evidence of their earnest desire to meet the views of the United States. They would on this occasion have been ready to consider in a friendly spirit any amendments of the convention, not inconsistent with the principles accepted by both Governments, which the Government of the United States might have desired to propose, and they would sincerely regret a failure to come to an amicable understanding in regard to this important subject. Your lordship is authorized to read this dispatch to the Secretary of State and to leave a copy in his hands. I am, etc., LANSDOWNE. [Inclosure.] Articles I and VI of convention between Her Majesty and the United States of America relative to the establishment of a communication by ship canal between the Atlantic and Pacific Oceans, signed at Washington, April 19, 1850: ARTICLE I. The Governments of Great Britain and the United States hereby declare that neither the one nor the other will ever obtain or maintain for itself any exclusive control over the said ship canal; agreeing that neither will ever erect or maintain any fortifications commanding the same, or in the vicinity thereof, or occupy, or fortify, or colonize, or assume or exercise any dominion over Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central America; nor will either 42112-S. Doc. 474, 63-2 -2 ! make use of any protection which either affords, or may afford, or any alliance which either has, or may have, to or with any State or people, for the purpose of erecting or maintaining any such fortifications, or of occupying, fortifying, or colonizing Nicaragua, Costa Rica, the Mosquito Coast, or any part of Central America, or of assuming or exercising dominion over the same. Nor will Great Britain or the United States take advantage of any intimacy, or use any alliance, connection, or influence that either may possess with any State or Government through whose territory the said canal may pass for the purpose of acquiring or holding, directly or indirectly, for the subjects or citizens of the one, any rights or advantages in regard to commerce or navigation through the said canal, which shall not be offered, on the same terms, to the subjects or citizens of the other. ARTICLE VI. The contracting parties in this convention engage to invite every State with which both or either have friendly intercourse to enter into stipulations with them similar to those which they have entered into with each other to the end that all other States may share in the honor and advantage of having contributed to a work of such general interest and importance as the canal herein contemplated; and the contracting parties likewise agree that each shall enter into treaty stipulations with such of the Central American States as they may deem advisable, for the purpose of more effectually carrying out the great design of this convention, namely, that of constructing and maintaining the said canal as a ship communication between the two oceans for the benefit of mankind, on equal terms to all, and of protecting the same; and they also agree that the good offices of either shall be employed, when requested by the other, in aiding and assisting the negotiation of such treaty stipulations, and should any differences arise as to right or property over the territory through which the said canal shall pass between the States or Governments of Central America, and such differences should in any way impede or obstruct the execution of the said canal, the Governments of Great Britain and the United States will use their good offices to settle such differences in the manner best suited to promote the interests of the said canal, and to strengthen the bonds of friendship and alliance which exist between the contracting parties. Mr. Hay to Mr. Choate. [Confidential-Telegram.] DEPARTMENT OF STATE, Washington, March 13, 1901. Lord Lansdowne answer has been received. Paragraph beginning "no indication" is inadmissible. We have protested against it, and British ambassador is in correspondence with foreign office. Keep the whole matter absolutely confidential. HAY. (Cable refers to Lord Lansdowne's note to Lord Pauncefote of February 22, 1901.) Mr. Hay to Mr. Choate. Telegram.] DEPARTMENT OF STATE, HAY. Paragraph is omitted at our request. Most confidential. Mr. Hay to Lord Pauncefote. No. 2119.] DEPARTMENT OF STATE, Washington, March 25, 1901. EXCELLENCY: I have the honor to acknowledge the receipt of the instruction of Lord Lansdowne to your excellency bearing date the 22d of February and delivered to me on the 11th of March. As the convention of the 5th of February, 1900, expired by limitation on the 5th of this month in default of ratification, I shall not at this moment enter into any examination of the considerations which have induced His Majesty's Government to decline to accept the convention as amended by the Senate. Referring to the passage of Lord Lansdowne's note in which he says His Majesty's Government "would sincerely regret a failure to come to an amicable understanding in regard to this important subject," I have the honor to say I am directed by the President to seek an early opportunity to converse with your excellency in regard to a possible basis of agreement. I have. etc., JOHN HAY. CORRESPONDENCE RESPECTING THE TREATY SIGNED AT WASHINGTON NOVEMBER 18, 1901. RELATIVE TO THE ESTABLISHMENT OF A COMMUNICATION BY SHIP CANAL BETWEEN THE ATLANTIC AND PACIFIC OCEANS. [Printed in British Blue Book. "United States, 1902, No. 1."] No. 1. Lord Pauncefote to the Marquis of Lansdowne. WASHINGTON, April 25, 1901. MY LORD: Since the rejection by His Majesty's Government of the amendments introduced by the Senate in the Interoceanic Canal Convention of the 5th of February, 1900, Mr. Hay has been engaged in framing a new draft, which, as I understand, he has drawn up after consultation with prominent Senators, and which he trusts will be acceptable to His Majesty's Government. Mr. Hay has handed me a copy of the draft, which I have the honor to forward herewith for your lordship's consideration. I have, etc.. PAUNCEFOTE. [Inclosure No. 1.] Draft of convention relative to the construction of an interoceanic canal. The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, Emperor of India, being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans, and to that end to remove any objection which may arise out of the convention of the 19th April, 1850, commonly called the Clayton-Bulwer 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 the King of Great Britain and Ireland, Emperor of India, the Right Honorable 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 convention shall supersede the aforementioned convention of the 19th of 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 convention, 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 said 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 on terms of entire equality, so that there shall be no discrimination against any nation or its citizens or subjects in respect of the conditions or charges of traffic or otherwise. 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 hinderance 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 water 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 purpose of this convention, 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. ARTICLE IV. The present convention 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 Londen at the earliest possible time within months from the date hereof. In faith whereof the respective plenipotentiaries have signed this convention, and thereunto affixed their seals. Done, in duplicate, at Washington the day of year of our Lord one thousand nine hundred and one. Mr. Hay to Mr. Choate. [Extract from a private, personal letter not of record.] Private and personal.] in the DEPARTMENT OF STATE, MY DEAR MR. CHONTE: I seize an instant in my last hurried day before starting West with the President to send you the inclosed project for a convention between the United States and Great Britain, to take the place of the extinct Hay-Pauncefote treaty, so called.1 I have drawn this up with very great care, after serious and extended conversations with Lord Pauncefote and with leading Mem 1 See printed ante, Lord Pauncefote to Marquis Lansdowne, Apr. 25, 1901. |