message from the president of the united states,
transmitting a convention between the united states and great britain,
to facilitae the construction of a ship canal to connect the atlantic
and pacific oceans, signed at washington, november 18, 1901.
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.
Amendments appear in italics.
Article III was stricken out by Senate.
[Page 244]
To the Senate:
I transmit, for the advice and consent of the Senate to its ratification, a
convention signed November 18, 1901, by the respective plenipotentiaries of
the United States and Great Britain 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 April 19, 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.
I also inclose a report from the Secretary of State, submitting the
convention for my consideration.
Theodore Roosevelt.
White
House
,
Washington
,
December 4,
1901
.
The President:
I submit for your consideration and for transmission to the Senate,
should you deem it proper to do so, with a view to obtaining the advice
and consent of that body to its ratification, a convention signed
November 18, 1901, by the respective plenipotentiaries of the United
States and Great Britain 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 April 19, 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.
Respectfully submitted.
John Hay.
Department of
State,
Washington
,
December 2, 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 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 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:
[Page 245]
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 re victual 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.
[Page 246]
Article IV.
It is agreed that no change of territorial sovereignty or of
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 hereunto 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.
[
seal.]
Pauncefote.
[
seal.]
