A treaty negotiated in April, 1850, by
Secretary of State Clayton, on the part of the
United States, and
Sir Edward Bulwer, on the part of
Great Britain, for the purpose of preventing dissensions on the subject of proposed canals and railways across the
American isthmus.
It has special reference to the
Nicaragua route, which at that time had been proposed for a canal; but as it declared that its purpose was “not only to accomplish a particular object, but to establish a
general principle,” it must be taken to apply to all routes.
By this treaty the two governments jointly declared that “neither the one nor the other will ever obtain or maintain for itself exclusive control over the projected ship
[
202]
canal” ; that “neither will ever erect or maintain fortifications commanding the same or in the vicinity thereof,” nor “fortify, or colonize, or assume any dominion over any part of
Central America.”
Further, the treaty pledged that in case of war between
Great Britain and the
United States all vessels of both countries should, in going through the canal, be exempt from detention and capture.
Further, the contracting parties engaged to protect and guarantee the neutrality of the canal, and to invite other states to do likewise, “to the end that all states may share in the honor or advantage” of assisting in so important a work.
Now, previous to the adoption of this treaty
Great Britain had held possessions in
Central America.
She had owned
Balize, or
British Honduras, since 1783.
and had later acquired a protectorate over the
Mosquito coast and over the
Bay Islands, a group near
Honduras.
The question, therefore, arose whether by the pledge not to occupy any part of
Central America in the future she was bound to surrender possessions held in the present.
There was considerable debate over the matter for some years, and it seemed at one time doubtful whether an understanding satisfactory to both sides could be reached.
However, on
Great Britain's giving up the
Bay Islands and signing a treaty with
Nicaragua, yielding all claims on the
Mosquito coast, the
American Secretary of State, in 1860, in behalf of the government, consented to the continued occupation of
Balize, and
President Buchanan, in his next message, declared that all disputes under the Clayton-
Bulwer treaty “had been satisfactorily adjusted.”
This treaty then was accepted as settled and binding on both parties until November, 1881, when
Mr. Blaine wrote to
Mr. Lowell, the
American minister to
Great Britain, urging the abrogation of the treaty on the ground that it was formed thirty years before under circumstances that no longer existed; that the development of the
Pacific coast had enormously increased the interest of the
United States in the canal, and that the well-being of this country demanded a modification of the treaty.
To this letter Lord Granville made reply in January, stating
Great Britain's reasons for regarding the treaty as still in force; but as meanwhile
Mr. Blaine had left the State Department there was no further diplomatic discussion on the subject until the publication of a proposed treaty with
Nicaragua.
This treaty was in direct violation of the Clayton-
Bulwer treaty, for its object was to provide for the construction of a canal across
Central America, at the expense of the
United States, and to be controlled when completed by this country.
The treaty was not accepted by Congress, so that the question of the abrogation of the Clayton-
Bulwer treaty remained open.
The war between the
United States and
Spain created a new interest in the subject of an interoceanic canal as a new necessity was developed for having a speedy means of sending vessels from one ocean to the other.
(See
Clark, Charles Edgar). A new bill was introduced into Congress for the construction of a canal on the
Nicaragua route, and this, after various vicissitudes and being amended materially, was adopted in the Senate on Jan. 21, 1899, by a vote of forty-eight to six.
The chief provisions of this bill were: the issue of 1,000,000 shares of stock at $100 each, the
United States to take 945,000 shares; the canal to be completed in six years; to be ample to accommodate the largest sea-vessels; and to cost not over $115,000,000. In case of failure in negotiating with
Nicaragua or
Costa Rica for the route the
President was empowered to negotiate for another one.
The bill guaranteed the neutrality of the canal.
The most important feature of the bill in the present connection was the authority given to the
President to open negotiations with the
British government for the abrogation of the Clayton-
Bulwer treaty.
Under the last provision a convention was signed in February. 1900.
by
Secretary Hay, on the part of the
United States, and by Lord Pauncefote on the part of
Great Britain, in which the Clayton-
Bulwer compact for the joint control of any canal which might be built across the isthmus was annulled, and the
United States given an exclusive, unconditional right to build and manage such a water-way.
The convention committed both nations to a declaration guaranteeing the neutrality of such a canal, and the
United States was pledged to refrain
[
203]
from fortifying its approaches or entrances, and otherwise restricting open access to it on the part of the world's commerce.
On Dec. 20, 1900, the United States Senate ratified this convention by a vote of fifty-five to eighteen, modifying it in three essential points, and a certified copy of the amended treaty was delivered to Lord Pauncefote for transmission to his government.
The text of the treaty as amended is as follows:
The
United States of America and her Majesty the
Queen of the United Kingdom of
Great Britain and
Ireland, and Empress 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 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, 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 her Majesty the
Queen of
Great Britain and
Ireland, and Empress of
India, the Right
Hon. Lord Pauncefote, G. C.B., G. C.M. G., her 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: 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 the 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 II: The high contracting parties, desiring to preserve and maintain the “
general principle” of neutralization established in Article VIII.
of the Clayton-
Bulwer convention, which convention is hereby superseded, adopt as the basis of such neutralization the following rules, substantially as embodied in the convention between
Great Britain and certain other powers signed at
Constantinople Oct. 28, 1888, for the free navigation of the
Suez Maritime Canal, that is to say:
First—The canal shall be free and open, in time of war as in time of peace, 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.
Second—The canal shall never be blockaded, nor shall any right of war be exercised, nor any act of hostility be committed within it.
Third—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, anti 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.
Fourth—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 despatch.
Fifth—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.
It is agreed, however, that none of the immediately foregoing conditions and stipulations in sections numbered 1, 2, 3, 4, and 5 of this article shall apply to
[
204]
measures which the
United States may find it necessary to take for securing by its own forces the defence of the
United States and the maintenance of public order.
Sixth—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 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.
Seventh—No fortifications shall be erected commanding the canal or the waters adjacent.
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.
Article III: 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 her Britannic Majesty, and the ratifications shall be exchanged at
Washington or at
London within six months from the date hereof, or earlier if possible.
In faith whereof the respective plenipotentiaries have signed this convention and thereunto affixed their seals.
Done in duplicate at
Washington, the fifth day of February, in the year of our Lord one thousand nine hundred.
John Hay.
Pauncefote.
On March 11, 1901, the
British government notified the United States government that it did not see its way clear to accept the Senate amendment to the pending treaty; but soon afterwards
Secretary Hay resumed negotiations with a view of compromising the point of objection.
