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On motion by Mr. BUTLER, the yeas and nays being desired by onefifth of the Senators present,

Those who voted in the affirmative are, Messrs. Bacon, Bard, Bate Berry, Beveridge, Butler, Clay, Cockrell, Culberson, Daniel, Elkins, Lindsay, Mallory, Martin, Mason, Money, Penrose, Pettigrew, Sullivan, Taliaferro, Teller, Tillman, Towne, Turley, Turner, and Vest.

Those who voted in the negative are Messrs. Aldrich, Allison, Burrows, Carter, Chandler, Cullom, Deboe, Dillingham, Fairbanks, Foraker, Foster, Frye, Gallinger, Hale, Hanna, Hansbrough, Hawley, Hoar, Jones of Nevada, Kean, Lodge, McBride, McComas, McCumber, McEnery, McLaurin, McMillan, Morgan, Nelson, Perkins, Pettus, Platt of New York, Pritchard, Proctor, Quarles, Scott, Shoup, Spooner, Stewart, Thurston, Warren, Wellington, Wetmore, and Wolcott.

Pairs were announced as follows: Mr. Allen with Mr. Dolliver, Mr. Chilton with Mr. Simon, Mr. Harris with Mr. Clark, Mr. Kenney with Mr. Sewell, Mr. Heitfeld with Mr. Kyle, Mr. Mason with Mr. Baker, Mr. Jones of Arkansas with Mr. Platt of Connecticut.

On the question to agree to the amendment proposed by Mr. Mason, to wit: In Article II, insert after section 7 the following:

Provided nothing herein contained shall prevent the United States from protecting said canal in any way it may deem necessary if the said United States shall construct said canal at its own expense.

It was determined in the negative-yeas 25; nays 44.

On motion by Mr. MASON, the yeas and nays being desired by onefifth of the Senators present,

Those who voted in the affirmative are, Messrs. Bacon, Bate, Berry, Butler, Clay, Cockrell, Culberson, Daniel, Elkins, Lindsay, Mallory, Martin, Mason, Money, Penrose, Pettigrew, Scott, Sullivan, Taliaferro, Teller, Tillman, Towne, Turley, Turner, and Vest.

Those who voted in the negative are, Messrs. Aldrich, Allison, Bard, Burrows, Carter, Chandler, Cullom, Deboe, Dillingham, Fairbanks, Foraker, Foster, Frye, Gallinger, Hale, Hanna, Hansbrough, Hawley. Hoar, Jones of Nevada, Kean, Lodge, McBride, McComas, McCumber, McEnery, McLaurin, McMillan, Morgan, Nelson, Perkins, Pettus, Platt of New York, Pritchard, Proctor, Quarles, Shoup, Spooner, Stewart, Thurston, Warren, Wellington, Wetmore, and Wolcott.

Pairs were announced as follows: Mr. Allen with Mr. Dolliver, Mr. Chilton with Mr. Simon, Mr. Harris with Mr. Clark, Mr. Jones of Arkansas with Mr. Platt of Connecticut, Mr. Kenney with Mr. Sewell, Mr. Heitfeld with Mr. Kyle, Mr. Mason with Mr. Baker.

On the question to agree to the amendment proposed by Mr. BARD, to wit: Strike out Article III and substitute the following:

ARTICLE III. The United States reserves the right in the regulation and management of the canal to discriminate in respect of the charges of traffic in favor of vessels of its own citizens engaged in the coastwise trade;

It was determined in the negative--yeas 27, nays 43.

On motion by Mr. TELLER, the yeas and nays being desired by onefifth of the Senators present,

Those who voted in the affirmative are, Messrs. Bacon, Bard, Bate, Berry, Beveridge, Butler, Clay, Cockrell, Culberson, Daniel, Elkins, Lindsay, Mallory, Martin, Mason, Money, Penrose, Perkins, Pettigrew, Sullivan, Taliaferro, Teller, Tillman, Turley, Turner, Towne, and Vest.

Those who voted in the negative are, Messrs. Aldrich, Allison, Burrows, Carter, Chandler, Cullom, Deboe, Dillingham, Fairbanks, Foraker, Foster, Frye, Gallinger, Hale, Hanna, Hansbrough, Hawley, Hoar, Jones of Nevada, Kean, Lodge, McBride, McComas, McCumber, McEnery, McLaurin, McMillan, Morgan, Nelson, Pettus, Platt of New York, Pritchard, Proctor, Quarles, Scott, Shoup, Spooner, Stewart, Thurston, Warren, Wellington, Wetmore, and Wolcott.

Mr. TELLER proposed the following amendments: In Article II, section 1, page 2, of printed copy, in lines 30 and 31, strike out the words "in time of war as in time of peace;" and in line 31 strike out the words "and of war.

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On the question to agree to the proposed amendment, it was determined in the negative.

Mr. TELLER also proposed the following amendments: Strike out the whole of sections 3 and 4 of Article II; in Article II, section 5, on page 3 of the printed copy, strike out, beginning with the word "vessels" in line 12, the remainder of the paragraph down to and including the word "belligerent" in line 17; in Article II, section 7, page 3 of the printed copy, strike out the first clause, beginning with the words "No fortifications" in line 30, down to and including the word “adjacent" in line 31, and in line 31 strike out the word "however."

On the question to agree severally to these amendments, it was determined in the negative.

No further amendment being proposed as in Committee of the Whole, the convention was reported to the Senate, and the amendments adopted in Committee of the Whole were concurred in.

The convention being in the Senate and open to amendment, Mr. TILLMAN proposed the following amendment: Strike out the amendment reported by the Committee on Foreign Relations and inserted at the end of section 5 of Article II, on page 3 of the printed copy, and adopted in Committee of the Whole, and insert at the end of Article II the following: "It is agreed, however, that none of the foregoing conditions and stipulations 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 order."

S. Doc. 456, 63—2——2

The question being to agree thereto, it was determined in the negative yeas 27, nays 43.

On motion by Mr. TILLMAN, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are, Messrs. Bacon, Bard, Bate, Berry, Beveridge, Butler, Clay, Cockrell, Culberson, Daniel, Elkins, Kenney, Lindsay, Mallory, Martin, Mason, Money, Penrose, Pettigrew, Sullivan, Taliaferro, Teller, Tillman, Towne, Turley, Turner, and Vest.

Those who voted in the negative are, Messrs. Aldrich, Allison, Burrows, Carter, Chandler, Cullom, Deboe, Dillingham, Fairbanks, Foraker, Foster, Frye, Gallinger, Hale, Hanna, Hansbrough, Hawley, Hoar, Jones of Nevada, Kean, Lodge, McBride, McComas, McCumber, McLaurin, McMillan, Morgan, Nelson, Perkins, Pettus, Platt of New York, Pritchard, Proctor, Quarles, Shoup, Spooner, Stewart, Thurston, Warren, Wellington, Wetmore and Wolcott.

Pairs were announced as follows: Mr. Allen with Mr. Dolliver, Mr. Chilton with Mr. Simon, Mr. Harris with Mr. Clark, Mr. Jones of Arkansas with Mr. Platt of Connecticut, Mr. Kenney with Mr. Sewell, Mr. Heitfeld with Mr. Kyle, Mr. Mason with Mr. Baker.

No further amendment being proposed, Mr. LODGE submitted the following resolution for consideration:

Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the convention between 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 amend

ments:

In Article II, insert after the word "convention," page 2, line 24 of the printed copy, the following: "which convention is hereby superseded."

In Article II, insert at the end of section 5, page 3, line 17, of the printed copy, the following:

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 necessary to take for securing by its own forces the defense of the United States and the maintenance of public order.

Strike out Article III (page 3 of printed copy).

On motion by Mr. LODGE, and by unanimous consent, the Senate proceeded to consider the said resolution; and, on the question to agree thereto, it was determined in the affirmative, two-thirds of the Senators present having voted in the affirmative.

On motion by Mr. LODGE, the yeas and nays being desired by onefifth of the Senators present,

Those who voted in the affirmative are, Messrs. Aldrich, Allison, Bacon, Beveridge, Burrows, Carter, Chandler, Clay, Cullom, Deboe, Dillingham, Elkins, Fairbanks, Foraker, Foster, Frye, Gallinger, Hale, Hanna, Hansbrough, Harris, Hawley, Hoar, Jones of Nevada, Kean, Kenney, Lindsay, Lodge, McBride, McComas, McCumber, McEnery, McLaurin, McMillan, Mallory, Morgan, Nelson, Penrose, Perkins, Pettus, Platt of New York, Pritchard, Proctor, Quarles, Scott, Shoup, Spooner, Stewart, Sullivan, Taliaferro, Thurston, Turner, Warren, Wetmore, and Wolcott.

Those who voted in the negative are, Messrs. Allen, Bard, Bate, Berry, Butler, Cockrell, Culberson, Daniel, Heitfeld, Martin, Mason, Money, Pettigrew, Teller, Tillman, Turley, Vest, and Wellington.

Pairs were announced as follows: Messrs. Baker and Dolliver in the affirmative, with Mr. Towne in the negative; Messrs. Clark and Simon in the affirmative, with Mr. Chilton in the negative; Messrs. Depew and Sewell in the affirmative, with Mr. Rawlins in the negative; Messrs. Platt of Connecticut and Caffery in the affirmative, with Mr. Jones of Arkansas in the negative.

Ordered, That the Secretary lay the said resolution before the President of the United States.

On motion by Mr. LODGE,

Ordered, That the convention as amended and ratified be printed for the use of the Senate, and that the injunction of secrecy be removed from the convention and the proceedings thereon, and from the votes on all amendments and on the final ratification of the convention.

TREATY OF 1901.

DECEMBER 4, 1901.-Read; treaty read the first time and referred to the Committee on Foreign Relations and, together with the message, ordered to be printed in confidence for the use of the Senate.

DECEMBER 9, 1901.-Reported without amendment.

DECEMBER 10, 1901.-Injunction of secrecy removed.

DECEMBER 16, 1901.-Ratified; injunction of secrecy removed from proposed amendments and votes thereon, and vote of ratification.

To the Senate:

I transmit, for the advice and consent of the Senate to its ratification, a convention signed November 18, 1901, 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 by whatever route may be considered expedient, 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.

I also inclose a report from the Secretary of State, submitting the convention for my consideration.

WHITE HOUSE,

Washington, December 4, 1901.

THE PRESIDENT:

THEODORE ROOSEVELT.

I submit for your consideration and for transmission to the Senate, should you deem it proper to do so, with a view to obtaining the advice and consent of that body to its ratification, a convention signed November 18, 1901, 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 by whatever route may be considered expedient, and to that end to remove any objection which may

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