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 and to remove any obstacle which might arise out of the convention commonly called the Clayton-Bulwer treaty, with the following amendments: 1. After the words "Clayton-Bulwer convention" and before the word "adopt," in the preamble of Article II, the words "which convention is hereby superseded" are inserted. 2. A new paragraph is added to the end of section 5 of Article II, in the following language: It is agreed, however, that none of the immediately foregoing conditions and stipulations in sections numbered one, two, three, four, and five of this article shall apply to measures which the United States may find it necessary to take for securing by its own forces the defense of the United States and the maintenance of public order. 3. Article III, reading— The high contracting parties will, immediately upon the exchange of the ratifications of this convention, bring it to the notice of the other powers and invite them to adhere to it— is stricken out. 4. Article IV is made Article III. I inclose a printed copy of the convention as signed and a typewritten copy of it showing its reading as amended by the Senate. You will bring the amendments to the notice of the British Government, and express the hope that they will be found acceptable to it. You may at the same time state that the supplementary convention which I signed with Lord Pauncefote May 5 last, prolonging the time within which the ratifications of the convention of February 5, 1900, shall be exchanged, for a period of seven months from August 5, 1900, has been consented to by the Senate without amendment. I am, sir, etc., No. 2013.] Mr. Hay to Lord Pauncefote. JOHN HAY. DEPARTMENT OF STATE, Washington, December 22, 1900. EXCELLENCY: I have the honor to inform you that the Senate, by its resolution of December 20, 1900, has given its advice and consent to the ratification of the convention signed at Washington on February 5, 1900, 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 and to remove any objection which might arise out of the convention commonly called the Clayton-Bulwer treaty, with the following amendments: 1. After the words "Clayton-Bulwer convention" and before the word "adopt," in the preamble of Article II, the words "which convention is hereby superseded" are inserted. 2. A new paragraph is added to the end of section 5 of Article II, in the following language: It is agreed, however, that none of the immediately foregoing conditions and stipulations in sections numbered one, two, three, four, and five of this article shall apply to measures which the United States may find it necessary to take for securing by its own forces the defense of the United States and the maintenance of public order. 3. Article III, reading— The high contracting parties will, immediately upon the exchange of the ratifications of this convention, bring it to the notice of the other powers and invite them to adhere to it is stricken out. 4. Article IV is made Article III. I inclose a printed copy of the convention as signed and a typewritten copy of it showing its reading as amended by the Senate. I have instructed Mr. Choate to express to the Marquis of Lansdowne this Government's hope that the amendments will be found acceptable to that of Her Majesty. The supplementary convention which I signed with you on May 5 last, prolonging the time within which the ratifications of the convention of February 5, 1900, shall be exchanged, for a period of seven months, from August 5, 1900, has been consented to by the Senate without amendment. I have, etc., JOHN HAY. No. 379.1 Lord Pauncefote to Mr. Hay. BRITISH EMBASSY, Washington, December 26, 1900. SIR: I have the honor to acknowledge the receipt of your note No. 2013 of the 22d instant, apprising me for the information of my Government that the United States Senate, by its resolution of December 20, has given its advice and consent to the ratification with certain amendments of the convention signed at Washington on February 5 last by the plenipotentiaries of Great Britain and the United States to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans, and to remove any objections which might arise out of the convention commonly called the "ClaytonBulwer treaty"; and inclosing copies of the treaty as originally signed and as amended. I have the honor to express to you my thanks for this communication, a copy of which, with its inclosures, I forwarded by yesterday's mail to Her Majesty's principal secretary of state for foreign affairs. I have, etc., PAUNCEFOTE. Confidential.] Mr. Hay to Mr. Choate. [Telegram.]1 DEPARTMENT OF STATE, Washington, December 29, 1900. The British press and a portion of ours seem to think the prohibition fortification was stricken out of the treaty. This is altogether erroneous. The clause forbidding fortification remains intact, as well as the provisions for neutrality. HAY. 1 This refers to the first convention, which was amended by the Senate and never ratified. Mr. Choate to Mr. Hay. [Telegram.] AMERICAN EMBASSY, London, January 11, 1901. Have seen Lord Lansdowne, and told him I was instructed not to press further proposals regarding indemnity and commercial treaties. He fully concurs with you as to danger from delay and in desire to conclude negotiations. I communicated to him on the 4th Senate's amendments to Nicaraguan treaty; expressed hope that they would be found acceptable, and, in furtherance of that hope, asked that when ready to take them up for consideration he would give me an opportunity to confer with him fully. He has named Monday next for that purpose. Have you any further suggestions? No. 479.] Mr. Choate to Mr. Hay. CHOATE. AMERICAN EMBASSY, London, January 12, 1901. SIR: With reference to your instruction No. 518, dated the 22d ultimo, relating to the Nicaragua canal treaty, I have the honor to inclose herewith a copy of my note to Lord Lansdowne, dated the 4th instant, and also a translation of my cipher telegram to you, dated the 11th instant. A copy of my note to Lord Lansdowne should have gone with last Wednesday's dispatch bag but was inadvertently omitted. I have, etc., [Inclosure to No. 479.] JOSEPH H. CHOATE. Mr. Choate to Lord Lansdowne. AMERICAN EMBASSY, London, January 4, 1901. MY LORD: I have the honor to bring to your lordship's attention the fact that the Senate of the United States has given its advice and consent to the ratification of the convention signed at Washington on the 5th of February, 1900, by the respective plenipotentiaries of the United States and Great Britain, to facilitate the construction of a ship canal between the Atlantic and Pacific Oceans, and to remove any obstacle which might arise out of the convention, commonly called the Clayton-Bulwer treaty, with the following amendments, viz: 1. After the words "Clayton-Bulwer convention" and before the word "adopt," in the preamble of Article II, the words "which convention is hereby superseded" are inserted. 2. A new paragraph is added to the end of section 5 of Article II, in the following language: It is agreed, however, that none of the immediately foregoing conditions and stipulations in sections numbered one, two, three, four, and five of this article shall apply to measures which the United States may find it necessary to take for securing by its own forces the defense of the United States and the maintenance of public order. 3. Article III, reading The high contracting parties will, immediately upon the exchange of the ratifications of this convention, bring it to the notice of the other powers and invite them to adhere to it is stricken out. 4. Article IV is made Article III. In bringing these amendments to the attention of Her Majesty's Government, I am instructed to express the hope that they will be found acceptable to them; and, in furtherance of that hope, I should be greatly obliged if your lordship, when ready to take up the matter for consideration, will give me an opportunity to confer with you fully. I inclose typewritten copies of the convention as signed, and also as amended by the Senate. I am also instructed to inform your lordship that the supplementary convention, which was signed by the Secretary of State and Her Majesty's ambassador at Washington, on the 5th of May last, prolonging the time within which the ratification of the convention of February 5, 1900, shall be exchanged for a period of seven months, from August 5, 1900, has been consented to by the Senate without amendment. I have, etc.. JOSEPH H. CHOATE. Mr. Hay to Mr. Choate. DEPARTMENT OF STATE, Washington, January 25, 1901. MY DEAR MR. CHOATE: This being mail day and Cabinet day, I have only one instant, not to answer, but to acknowledge your letter of the 15th of January, which I have read with the greatest interest, and I need not say with the fullest approval of the admirable way in which you presented the matter to Lord Lansdowne. It could not have been better done, though that is a matter of course about everything you do. I am extremely anxious that the British Government may see their way clear to accepting the treaty as amended, for reasons which I have already mentioned to you. We should have the greatest difficulty in getting any new or modified arrangement through the Senate. Yours, faithfully, Mr. Hay to Mr. Choate. [Telegram.] JOHN HAY. DEPARTMENT OF STATE, Washington, February 16, 1901. I take it for granted you and Lord Lansdowne have not overlooked the fact that the canal convention expires by limitation unless rati 1 Not on State Department files. fied by the 5th of March, and failure to act promptly is now equivalent to a rejection of the amended treaty. I have conversed seriously with Lord Pauncefote. He seems to share my opinion, and has doubtless communicated his point of view to the foreign office. You have so admirably stated the case to Lord Lansdowne in former interviews that I have no additional suggestions to make. HAY. Confidential.] Mr. Choate to Mr. Hay. [Telegram.] AMERICAN EMBASSY, London, February 19, 1901. Interview with the minister for foreign affairs to-day as to canal treaty. Last week when he said he was not yet ready to talk I asked him if he bore in mind that unless something was done before the 4th of March the treaty would then fall through by its own limitation. He said he was well aware of that. To-day he was still not ready to talk yet, and was quite unwilling to be pressed or to discuss the matter, but he said he expected to be ready in a few days to speak of it. Cabinet meeting next Friday, after which he hoped to be more free to talk. Do not think he means to let time run out without doing anything. The Marquis of Lansdowne to Lord Pauncefote. CHOATE. [Handed to the Secretary of State by the British ambassador.] FOREIGN OFFICE, February 22, 1901. MY LORD: The American ambassador has formally comunicated to me the amendments introduced by the Senate of the United States into the convention, signed at Washington in February last, to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans. These amendments are three in number, namely: 1. The insertion in Article II, after the reference to Article VIII, of the Clayton-Bulwer convention, of the words "which convention is hereby superseded." 2. The addition of a new paragraph after section 5 of Article II in the following terms: 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 measures which the United States may find it necessary to take for securing by its own forces the defense of the United States and the maintenance of public order. 3. The excision of Article III, which provides that The high contracting parties will, immediately upon the exchange of the ratifications of this convention, bring it to the notice of other powers and invite them to adhere to it. Mr. Choate was instructed to express the hope that the amendments would be found acceptable by Her Majesty's Government. |