The Panama Canal: A history and description of the enterpriseMills, J. Saxon (John Saxon)
Philosophy
The Panama Canal: A history and description of the enterprise
Mills, J. Saxon (John Saxon)
Panama Canal (Panama)
It is very important to note the provisions of this treaty, because it
establishes what is known as the political "status" of the new canal.
The Hay-Pauncefote expressly supersedes the Clayton-Bulwer Treaty and
provides for the construction of a canal (mentioning no particular
route) "under the auspices of the government of the United States,"
which country is "to 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." It adopts the principles of
"neutralization" which were embodied in the Treaty of Constantinople of
1888 in connection with the Suez Canal. Both treaties provide for:--
1. Freedom of transit in time of peace or war for the vessels of all
nations.
2. Freedom of the canal and its terminals from blockade.
3. A code of procedure for war-vessels entering or leaving the canal.
No special reference is made to the question of fortification, but the
United States are to be at liberty to maintain such military police
along the canal as may be necessary to protect it against lawlessness
and disorder. A treaty, however, subsequently concluded between the
United States and the Republic of Panama (known as the Hay-Bunau-Varilla
Treaty) contains the following provision:--
If it should become necessary at any time to employ armed
forces for the safety and protection of the canal, or of the
ships that make use of the same, or the railways and
auxiliary works, the United States shall have the right, at
all times and in its discretion, to use its police and its
land and naval forces or to establish fortifications for
these purposes.
But the most important provision of all related to the question of the
charges and other conditions of traffic through the canal. The meaning
of the section seems plain enough, though it became a subject of rather
acute controversy:--
The canal shall be free and open to the vessels of commerce
and 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 and charges of traffic, or
otherwise. Such conditions and charges of traffic shall be
just and equitable.
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