170 AMERICAN DIPLOMATIC QUESTIONS 



pledged itself to quite the opposite theory in reference to the 

 canal. All others who read the words of the treaty were no 

 less disappointed than astonished. The Clay ton-Bui wer treaty 

 was not abrogated in the instrument, as they thought would 

 be the case ; on the contrary, its principles were reaffirmed. 

 The new agreement did not abandon the old ; it supple- 

 mented and enlarged upon it. Those features of the old 

 convention relating to the neutralization of a canal, which 

 had been denounced for so many years as objectionable, were 

 emphasized and perpetuated in the new instrument. The 

 disabilities placed upon the United States by the old conven- 

 tion, .in the matter of acquisition of Central American terri- 

 tory, not being expressly removed, were, in consequence, 

 recognized by the new. And finally and above all other con- 

 jjsiderations, the despised C laytoj^Jj n 1 wer treaty was acknowl- 

 edged to be binding and in force, creating thereby a new 

 ;and effective estoppel to future efforts seeking British consent 

 to its abrogation. 



In the committee-room the following amendment to the 

 treaty was appended to the instrument by Senator Davis : 



It is agreed, however, that none of the immediately foregoing 

 conditions and stipulations in sections, Nos. 1, 2, 3, 4, 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. 



This amendatory clause was based upon a provision in the 

 Constantinople treaty of 1888 touching the neutralization of 

 the Suez Canal, and was meant by Senator Davis to supply an 

 omission which had occurred through " oversight " of the ne- 

 gotiators. It will be seen that the Davis amendment at once 

 robbed the instrument of its main purpose the neutraliza- 

 tion of the route, and, if adopted, would virtually nullify 

 the treaty. 



The appearance of the Hay-Pauncefote agreement brought 

 the subject of neutralization of the canal to a final and defi- 

 nite issue, and its acceptance or rejection by the Senate would 

 indicate the course the United States must finally adopt. The 

 alternatives were : 



