emancipated, from any stipulations of the treaty which it thinks fit to disapprove. Yet it is quite evident that the effect of such a doctrine and of any proceeding, which, with or without avowal, is founded upon it, is to bring the entire authority and efficacy of treaties under the discretionary control of each of the Powers who may have signed them; the result of which would be the entire destruction of treaties in their essence." The protest of Lord Granville, says Mr. Hall further, although uttered under circumstances which made its practical importance at the moment very slight, nevertheless compelled Russia to abandon the position which it had taken up. A conference of such of the Powers, signatary of the Treaty of Paris, as could attend was held, at which it was declared that it is an essential principle of the Law of Nations that no Power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting Powers by means of an amicable arrangement. The general correctness of the principle is indisputable, and in a declaration of the kind made it would have been impossible to enounce it with those qualifications which have been seen to be necessary in practice. The force of its assertion may have been impaired by the fact that Russia, as the reward of submission to law, was given what she had affected to take. But the concessions made were dictated by political considerations, with which International Law has nothing to do. It is enough from the legal point of view, that the declaration purported to affirm a principle as existing, and that it was ultimately signed by all the leading Powers of Europe. * * W. E. HALL. Intern. Law. Edit. 1880, p. 297–301. The Clayton- $134. The Clayton-Bulwer Treaty, A.D. 1850, * concluded between Great Britain and the United States, respecting the future use of the canal in course of construction between the Atlantic and Pacific oceans by way of San Juan de Nicaragua, has undergone discussions which somewhat threatened to affect International Law. The correspondence which took place between the American Secretary of State (Mr. Blaine) and the English Secretary for Foreign Affairs (Earl Granville), in which suggestions were made by the former for the abrogation or modification of the treaty in question, will be found in the papers respecting the "projected Panama canal," presented to Parliament by command of Her Majesty, 1882. Earl Granville, in his despatch to Mr. West, the British Minister at Washington, states the following conclusions at which the British Government had arrived in this matter: * This Treaty concerning the formation of a canal or railway across the Isthmus of Central America, is, both on account of its immediate object, and the principle which it recognizes, of such vast importance that it is not out of our way to reproduce it here in full. The preamble sets forth that, "Her Britannic Majesty and the United States of America being desirous of consolidating the relations of amity which so happily subsist between them, by setting forth and fixing in a Convention their views and intentions with reference to any means of communication by ship-canal, which may be constructed between the Atlantic and Pacific oceans by the way of the river St. Juan de Nicaragua, and either or both of the lakes of Nicaragua or Managua, to any port or place on the Pacific ocean, &c. The text runs as follows:-"Art. 1. 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 commandi g 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 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 "1. That the differences which arose between the two Governments in regard to the treaty, and which occasioned at one time considerable irritation, but which have long since been happily disposed of, did not relate to the general principles to be observed in regard to the means of inter-oceanic communication across the isthmus, but had their origin in a stipulation which Mr. Blaine still proposes in great part to maintain. He wishes every part of the treaty, in which Great Britain and the United States agree to make no acquisition of territory in Central 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." "Art. 2. Vessels of Great Britain or the United States traversing the said canal shall, in case of war between the contracting parties, be exempted from blockade, detention, or capture by either of the belligerents; and this provision shall extend to such a distance from the two ends of the said canal as it may hereafter be found expedient to establish." "Art. 3. In order to secure the construction of the said canal, the contracting parties engage that if any such canal shall be undertaken upon fair and equitable terms by any parties having the authority of the local Government or Governments through whose territory the same may pass, then the persons employed in making the said canal and their property used or to be used for that object shall be protected, from the commencement of the said canal, to its completion, by the Governments of Great Britain and the United States from unjust detention, confiscation, seizure, or any violence whatsoever." "Art. 4. The contracting parties will use whatever influence they respectively exercise with any State, States, or Governments possessing, or claiming to possess, any jurisdiction or right over the territory which the said canal shall traverse, or which shall be near the waters applicable thereto, in order to induce such States or Governments to facilitate the construction of the said canal by every means in their power; and, furthermore, Great Britain and the United States agree to use their good offices, where-ever or however it may be most expedient, in order to procure the establishment of two free ports, one at each end of the said canal." "Art. 5. The contracting parties further engage, that when the said canal shall have been completed, they will protect it from interruption, seizure, or unjust confiscation and that they will guarantee the neutrality thereof, so that the said canal may for ever be open and free, and the capital invested therein secure. Nevertheless, the Governments of Great Britain, and the United States, in according America, to remain in full force, while he desires to cancel those portions of the treaty which forbid the United States fortifying the canal, and holding the political control of it in conjunction with the country in which it is located." "2. That the declarations of the United States' Government during the controversy were distinctly at variance with any such proposal as that just stated. They disclaimed any desire to obtain an exclusive or preferential control over the canal. Their sole contention was, that Great Britain was bound by the treaty to abandon their protection to the construction of the said canal, and guaranteeing its neutrality and security when completed, always understand that this protection and guarantee are granted conditionally, and may be withdrawn by both Governments, or either Government, if both Governments or either Government should deem that the persons or company undertaking or managing the same adopt or establish such regulations concerning the traffic thereupon as are contrary to the spirit and intention of this Convention, either by making unfair discriminations in favour of the commerce of one of the contracting parties over the commerce of the other or by imposing oppressive exactions or unreasonable tolls upon passengers, vessels, goods, wares, merchandise, or other articles. Neither party, however, shall withdraw the aforesaid protection and guarantee, without first giving six months' notice to the other." "Art. 6. 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 honour 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 partics." those positions on the mainland or adjacent islands, which, in their opinion, were calculated to give her the means of such a control. Nor did they in any way seek to limit the application of the principles laid down in the treaty so as to exclude Columbian or Mexican territory, as Mr. Blaine now suggests, nor urge that such application would be inconsistent with the Convention between the United States and New Granada of 1846. On the contrary, they were ready to give those principles their full extension." "Art. 7. It being desirable that no time should be unnecessarily lost in commencing and constructing the said canal, the Governments of Great Britain and the United States determine to give their support and encouragement to such persons or company as may first offer to commence the same, with the necessary capital, the consent of the local authorities, and on such principles as accord with the spirit and intention of this Convention: and if any persons or company should already have, with any State through which the proposed ship-canal may pass, a contract for the construction of such a canal as that specified in this Convention, to the stipulations of which contract neither of the contracting parties in this Convention have any just cause to object, and the said persons or company shall, moreover, have made preparations and expended time, money, and trouble on the faith of such contract, it is hereby agreed that such persons or company shall have a priority of claim over every other person, persons, or company, to the protection of the Governments of Great Britain and the United States, and be allowed a year, from the date of the exchange of the ratifications of this Convention, for concluding their arrangements, and presenting evidence of sufficient capital subscribed to accomplish the contemplated undertaking; it being understood that if, at the expiration of the aforesaid period. such persons or company be not able to commence and carry out the proposed enterprise, then the Governments of Great Britain and the United States shall be free to afford their protection to any other persons or company that shall be prepared to commence and proceed with construction of the canal in question. "Art. 8. The Governments of Great Britain and the United States having not only desired, in entering into this Convention, to accomplish a particular object, but also to establish a general principle, they hereby agreed to extend their protection by treaty stipulations to any other practicable communications, whether by canal or railway. across the isthmus which connects North and South America; and especially to the inter-oceanic communications, should the same prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of Tehnantepec or Panama. granting, however, their joint protection to any such canal or railways as are by this Article specified, it is always understood by Great Britain and the United States, that the parties constructing or owning the same shall impose no other charges or conditions of traffic thereupon than the aforesaid Governments shall approve of In |