The Panama Canal Conflict between Great Britain and the United States of America: A StudyOppenheim, L. (Lassa)
History
The Panama Canal Conflict between Great Britain and the United States of America: A Study
Oppenheim, L. (Lassa)
Great Britain. Treaties, etc. United States, 1901 Nov. 18; Panama Canal (Panama)
This assertion made by Great Britain is met by the Memorandum which,
when signing the Panama Canal Act, President Taft left to accompany the
Act. The President contends that, in view of the fact that the Panama
Canal has been constructed by the United States wholly at her own cost,
upon territory ceded to her by the Republic of Panama, the United
States possesses the power to allow her own vessels to use the Canal
upon _such terms as she sees fit_, and that she may, therefore, permit
her vessels to pass through the Canal either without the payment of any
tolls, or on payment of lower tolls than those levied upon foreign
vessels, and that she may remit to her own vessels any tolls which may
have been levied upon them for the use of the Canal. The President
denies that Article III, No. 1, of the Hay-Pauncefote Treaty can be
invoked against such power of the United States, and he contends that
this Article III was adopted by the United States for a specific
purpose, namely, as a basis of the neutralisation of the Canal, and for
no other purpose. This article, the President says, is a declaration of
policy by the United States that the Canal shall be neutral; that the
attitude of the Government of the United States is that all nations
will be treated alike and no discrimination is to be made against any
one of them observing the five conditions enumerated in Article III,
Nos. 2-6. The right to the use of the Canal and to equality of
treatment in the use depends upon the observance of the conditions by
the nations to whom the United States has extended that privilege. The
privileges of all nations to which the use of the Canal has been
granted subject to the observance of the conditions for its use, are to
be equal to the privileges granted to any one of them which observes
those conditions. In other words--so the President continues--the
privilege to use the Canal is a conditional most-favoured-nation
treatment, the measure of which, in the absence of an express
stipulation to that effect, is not what the United States gives to her
own subjects, but the treatment to which she submits other nations.
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