NICARAGUA. 



397 



open in peace and war, and should be defended 

 against attack by belligerents, but that other na- 

 tions should be invited to adhere to these provi- 

 sions, the rules adopted in the international agree- 

 ment governing the Suez Canal having been taken 

 as a model. The right of the United States, when 

 called upon to defend itself, to fortify the canal 

 and exclude the vessels of the enemy could not in 

 any case be restricted by treaty, since a state of 

 war abolishes all treaties between belligerents. A 

 clause permanently insuring the neutrality of the 

 canal which is only binding as against neutrals 

 was not objectionable, but any partnership with 

 Great Britain in the responsibility of defending 

 this neutrality was, and so was the stipula- 

 tion that other nations should be invited to 

 adhere to provisions promising the neutral- 

 ity of the canal in peace or war and forbidding its 

 fortification or military occupation by the United 

 States. The first article of the new canal treaty 

 with Great Britain states that this treaty super- 

 sedes the Clayton-Bulwer convention of April 19, 

 1850. In the second article 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 gift or loan of money to 

 individuals or corporations or through subscrip- 

 tion to or purchase of stock or shares, and that, 

 subject to the provisions of the treaty, the United 

 States Government shall enjoy all the rights inci- 

 dent to such construction, as well as the exclusive 

 right of providing for the regulation and manage- 

 ment of the canal. The neutrality of the canal 

 for the use of all nations is permanently secured, 

 while this article making the United States the 

 sole guarantor of its neutrality relieves Great 

 Britain of all the responsibility and obligation to 

 enforce them, such as the Clayton-Bulwer treaty 

 imposed upon and which were assumed by Great 

 Britain jointly with the United States. Instead 

 of the provision that the rules of neutrality should 

 be adopted by both nations, the United States 

 alone adopts them and undertakes to carry them 

 out. Any nation observing the rules laid down in 

 the treaty is permitted to enjoy the use of the 

 canal, but no nation is to be consulted as to its 

 construction, operation, or maintenance. In the 

 third article the United States adopts as the basis 

 of the neutralization of the canal substantially 

 the same rules that are embodied in the Con- 

 stantinople convention of Oct. 28, 1888, for the 

 free navigation of the Suez Canal. These rules 

 guaranteeing the .neutrality of the canal and equal 

 treatment of the citizens of all nations are reca- 

 pitulated as follow: 1. The canal shall be free and 

 open to the vessels of commerce and of war of all 

 nations observing these rules so that there shall 

 be no discrimination against any such nation or 

 its citizens or subjects in respect of the , 

 rules on terms of entire equality, con- 

 ditions or charges of traffic, or other- 

 wise. Such conditions and charges of 

 traffic shall be just and equitable. 2. 

 The canal shall never be blockaded, nor 

 shall any right of war be exercised nor 

 any act of hostility be committed with- 

 in it. The United States, however, 

 shall be at liberty to maintain such 

 military police as may be necessary to 

 protect it against lawlessness and dis- 

 order. 3. Vessels of war of a belliger- 

 ent 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 and with only such intermix 

 suit from the necessities of 1 he scrvi 

 be in all respects subject to 1 .he .-;.. 

 sels of war of the belligerent-. 1. 

 shall embark or disembark troop 



uv re- 

 tail 



I-.t.S.Carlos 



RioLajos 



WESTERN DIVIDE 

 153 feet 



TOLA 

 BASIN 



Locks A and 5 



Locke 



Brito] 



-PACIFIC OCEAN 



SKA 



Grey town 



Lock if 



DE6EADO BASIN/ 



Lock 2 

 Locks. 



DESEADO 

 BASIN 



\m 



EASTERN DiVJDE' 



S. FRANCISCO 

 BASIN 



Ocha Dam . 



